Appeals relating to irregularities in the way evaluations are carried out or files processed
You have 3 working days in which to submit an internal appeal, regardless of the type of institution.
The procedures for submitting, investigating and resolving complaints relating to irregularities in the evaluation process or the handling of files are detailed in the study regulations and the specific rulesgoverning the operation of examination boards drawn up by the academic authorities at your institution.
These documents contain detailed information on the procedure for reporting and resolving any problems or concerns relating to assessments and the management of academic records. It is essential to consult them to understand the steps to follow and the mechanisms in place to deal with such situations within your academic institution.
Article 134, paragraph 2, 8° of the decree of 7 November 2013 defining the higher education landscape and the academic organisation of studies.
After exhausting your internal appeal options, if you want to continue to challenge the decision taken following your appeal or appeals, you can contact the Council of State or the District Court.
- The Council of State: you can apply to the Council of State for the suspension and/or annulment of the decision you are contesting. Detailed information on how to proceed is available on the Council of State website.
- The Court of First Instance: you can also initiate a civil liability action for damages before the Court of First Instance. The purpose of this action is to obtain compensation for the damage you believe you have suffered. In the event of an emergency, you can also initiate summary proceedings by applying to the President of the Court of First Instance, who will take a provisional decision.
If, for one reason or another (e.g. deadlines exceeded, etc.), you have not lodged one of the appeals mentioned above, you can still submitt an informal or formal appeal at any time with the hierarchical authorities or the organising authority of your establishment.
The advantage of these appeals is that they are not subject to a deadline or a particular format. However, the authority referred to can decide whether or not to accept the case.
In adult education institutions
You have the right to submit a written appeal against refusal decisions taken against you by the academic council or board. These decisions relate specifically to the following situations:
- decisions relating to a course unit involving an integrated test,
- decisions relating to a decisive training unit organised as part of a section of scheme 1,
- decisions relating to a final test of a section of scheme 2.
The appeal must provide an accurate description of the irregularities involved to be admissible.
The appeal is a two-step process:
You must submit a written complaint:
- sent by registered letter to the director or received by them against receipt ;
- submitted no later than the 4th calendar day following publication of the results.
The director will examine the complaint to check whether it is admissible, taking into account whether the deadline has been met and the quality of the reasons given for the complaint. If the complaint is deemed admissible, the academic council or the board will be reconvened. They can render a valid decision when they consist of the chair and two members at least, when they have more than two members.
Any new decision may only be taken by the academic council or the board.
The entire internal appeals procedure may not exceed 7 calendar days, excluding school holidays, following the publication of the results. The deadline includes the sending to the student, by the head of the institution, of a registered letter containing the reason for rejecting the appeal and the documented decision taken following the internal appeal.
You can submit an external appeal to challenge the outcome of the internal appeal:
- by registered letter to the Administration of the French Community ;
- with a copy to the head of the establishment ;
- within 7 calendar days of receiving the decision about the internal appeal ;
- you must enclose with your appeal :
- the reasons for the refusal,
- the decision taken following the internal appeal.
The Administration immediately forwards the appeal to the chairman of the appeals commission. The commission assesses the admissibility and relevance of the appeal on the basis of the information provided by the headteacher or his/her delegate, and/or the organising authority and/or the inspectorate of adult higher education and/or the administration.
It may decide to uphold or modify the decision of the academic council or the board. Decisions are taken by a two-thirds majority of the votes cast. If this majority is not reached, the appeal is rejected.
The fact that an appeal is well-founded does not automatically mean that you will pass the course or section concerned by your appeal.
The commission will communicate its documented decision to the student and the institution by registered mail within 30 calendar days, excluding school holidays. In the event of an external appeal submitted between 1 June and 7 July, the decision will be communicated by 31 August of the year in question, at the latest.