A negative Binding Study Advice is an administrative legal decision made by a Institute of higher education. This decision entails that a student is barred from re-enrolling into a given program of study for a specific amount of time because he/she did not obtain sufficient credits within the first year.
Because this decision has consequences of serious nature such as loss of time spent on the study, the loss of financial investment in tuition, living, rent etc. and the limitation imposed to pursue a program of study of choice, it is important that institutes of higher education make these decisions lawfully. That means that all legal requirements must be fulfilled. That is also why it is possible to lodge an appeal against the decision with multiple instances, such as the Board of appeals for the examinations and a specialized administrative tribunal called the Tribunal of appeal of higher education.
Years of experience in representing students faced with a negative BSA has shown us that lodging an appeal can often be a sensible decision. A negative BSA can be invalidated in the following cases:
- - If the decision is not or insufficiently motivated (Universities must explain why a student’s personal circumstance does not justify an exemption
- - Timely warning regarding the possibility of being eligible for a negative BSA
- - If the decision has been taken by an unauthorized Institution representative
- - Insufficient regard of personal circumstances
- - Non-compliance with the Dutch Higher Education Act
- - Non-compliance with the Education and Examination Regulations
- - Substantive and procedural errors
- - Second year BSA decisions
- - More
It is also sometimes possible to achieve an amicable settlement with the University board that issued the decision. Litigation is time-consuming and frustrating.
Please keep in mind that Administrative appeals have an appeal term of 6 weeks (starting from the date of the official negative BSA decision) according to Dutch Law. After this term, appealing is no longer possible unless a request for an extension was made during the term. We highly encourage students not to wait until the end of this term to lodge an appeal. We also highly advise students not to exchange any written correspondence with their institutes of higher education before having us review their situation. Remember that the student advisor/counselor often has an advisory role, and can influence the examination board's decision in deciding whether or not a negative BSA is applicable, and whether or not an exemption is justified.
Have you been issued a negative BSA and would like to appeal it? Then we can assist you by evaluating your case for free during an initial consultation. After we have made an initial evaluation we will work with you to design an optimal strategy with the aim of trying to obtain a positive BSA. We work with an hourly rate of €55 excluding VAT. On average we spend between 4 - 8 hours on a case.