Statement of defence

Summary
If a student has appealed against a decision of the examination board via the Examination Appeals Board (Cobex), and no settlement can be agreed with the student, the examination board should draw up a statement of defence. This explains the situation and why it is impossible to reach a settlement.

For the preparation of a good statement of defence, the Team Legal Affairs of Service Department O&O of Fontys offers the following guidelines:

• The statement of defence should be addressed to the Cobex (not to the student);
• First of all, a list of the facts must be included (what was the request of the student and what was the decision of the examination board). Describe what preceded the objection, preferably chronological;
• In summing up the facts, include the conversation about a possible amicable settlement and what has emerged from it;
• Discuss all grounds of appeal mentioned by the student in his objection, provide evidence of the following where possible (e.g. TER, correspondence, admonition, tutorial, overview of credits obtained, etc.);
• Always check explicitly (officially) whether there's any reason to hardship clause enforceable (e.g. special circumstances of the student, imperfections in the study programme (not executed courses, ailment lecturer, communication disorder, new regulations that have not been sufficiently communicated, etc.);
• Conclusion: Amicable settlement not possible, uphold decision;
• Adding evidence: TER (applicable part), overview study results, statements or reports from the Semester coach etc.