Material decisions
If the requirements for submitting an appeal have been met, the members of the Appeal Committee will make a material decision. They will decide whether or not the appeal is justified. Depending on this decision, the appeal will be either (partly or fully) approved or rejected.
The excerpts from the committee's rulings are summarized in the following categories:
Evaluating performance checks
Based on Article 76 paragraph 4 UniG, the Appeal Committee can only take up appeals relating to exam results if the complainant claims that the result contains an error of law (see "requirements for submitting an appeal"). Rewriting of the criteria for examining performance checks within such a judicial control process:
Review criteria
- B 6/00: Admissible complaints/review criteria: Whether or not a complaint is justified can be clarified relatively easily as part of the procedure. Therefore, no special knowledge of the subject matter of the relevant examination is required. (Document in German) (PDF, 36KB)
- B 6/00: Review criteria: Repealing a grade of 1 (performance must be assessed across all individual professional examinations according to comparable and, where possible, universal criteria, regardless of the number of examiners in the discipline in question) (Document in German) (PDF, 36KB)
- B 10/01: Review criteria: Repealing a grade of 1 (specification of the decision B 6/00) (Document in German) (PDF, 26KB)
- B 16/01: Admissible complaints/review criteria (Document in German) (PDF, 37KB)
- B 35/06: Discretionary scope of the examining authority when designing an exam (Document in German) (PDF, 25KB)
- B 08/21: Review criteria (Document in German) (PDF, 122KB)
- B 15/22: Review criteria, Master's thesis: Help with data collection (Document in german) (PDF, 117KB)
Rewriting of the requirements relating to timing, content and scope of the justification:
Justification of the grading and inspection of files
- B 29/13: For matters relating to examinations, the solutions that had been expected must be set out, as well as the extent to which the party against which the claim is being brought did not satisfy these expectations. Comprehensive written justification must be supplied (in addition) by the appeal process at the latest. (Document in German) (PDF, 143KB)
- B 26/13: In the appeal process, it must be clear what examination questions were set and how these were answered by the complainant, as well as what the correct answers were that were expected by the examiners. (Document in German) (PDF, 190KB)
- B 27/02: Records must be sufficiently precise that the questions and answers stated in the oral examination can be reconstructed (requirements not met in the present case). (Document in German) (PDF, 22KB)
- B 16/01: The wider the discretionary scope and the more a decision encroaches on individual rights, the greater the requirements that are placed on the justification. (Document in German) (PDF, 37KB)
- B 15/99: Justification of the examination mark that only becomes apparent when comparing the example solution with the complainant's solution is sufficient. Are example solutions and assessment schemes necessary? (Document in German) (PDF, 31KB)
- B 18/12: As a rule, the party against which the claim is being made must grant access to all files essential to the examination decision. Requests to reconstruct oral exams and their reproducibility (Document in German) (PDF, 147KB)
- B 16/01: Complainant's fundamental right to request a copy of their exam paper as long as no rules to the contrary exist (Document in German) (PDF, 37KB)
- B 08/18: Records in oral examinations (Document in German) (PDF, 264KB)
- B 08/21: Not every oral examination has to be based on a written questionnaire (Document in German) (PDF, 143KB)
Legal equality
- B 28/08: The principle of equal treatment and the discrimination ban are not violated if a student with Italian as her first language must meet the same examination requirements as her German-speaking fellow students. (Document in German) (PDF, 65KB)
- B 20/08: Existence of unequal legal treatment when, where an overall grade is to be calculated from two partial grades, the better partial grade was given double weighting and the worse single weighting for each student (Document in German) (PDF, 34KB)
- B div/02: Relationship between various inequalities. In this specific case, the harmonization of failure rates was given top priority. (Document in German) (PDF, 40KB)
- B 16/01: The principle of legality has priority over equal treatment in the event of injustice (Document in German) (PDF, 37KB)
- B 10/01: The principle of equality is given relative importance when discretionary decisions are to be made that naturally fall outside comprehensive judicial control, such as in the case of oral exams. (Document in German) (PDF, 26KB)
Illness, absence, deregistration
Justification for being unable to sit the exam
- B 2/98 (As a rule, illness before or during the exam cannot be claimed only after completion of the course) (Document in German) (PDF, 16KB)
- B 14/06 (As a rule, illness before or during the exam cannot be claimed only after completion of the course) (Document in German) (PDF, 33KB)
- B 43/06 (As a rule, illness before or during the exam cannot be claimed only after completion of the course) (Document in German) (PDF, 27KB)
- B 26/07 (As a rule, illness before or during the exam cannot be claimed only after completion of the course) (Document in German) (PDF, 35KB)
- B 2/98 (As a rule, an inability to complete preparatory work cannot be claimed only after completion of the course) (Document in German) (PDF, 16KB)
- B 2/98 (Unexcused non-attendance counts as a failed attempt) (Document in German) (PDF, 16KB)
- B 23/16 (As a rule, illness before or during the exam cannot be claimed only after completion of the course) (Document in German) (PDF, 125KB)
- B 06/19 (As a rule, illness before or during the exam cannot be claimed only after completion of the course) (Document in German) (PDF, 132KB)
Incorrect information
Incorrect information
- B 9/00 (Binding information can only be obtained from the authority (here the faculty) that is also authorized to decide on the associated legal issues. As a rule, trust in information from authorities that lack this jurisdiction is not protected) (Document in German) (PDF, 41KB)
- B 7/01 (Binding information can only be obtained from the authority (here the faculty) that is also authorized to decide o the associated legal issues. As a rule, trust in information from authorities that lack this jurisdiction is not protected) (Document in German) (PDF, 38KB)
- B 4/08 (Situations in which students may trust incorrect information from the faculty) (Document in German) (PDF, 37KB)
- B 10/09 (Situations in which students may trust that errors in exam registration will be cleared up) (Document in German) (PDF, 39KB)
Exclusion from studies
Proportionality
- B 28/08 (The principle of proportionality is not violated if a student is excluded from their studies for failing an exam by a small margin) (Document in German) (PDF, 65KB)
- B 11/18 (The principle of proprtionality is not violated if a student is excluded from their studies for failing an exam by a small margin) (Document in German) (PDF, 129KB)
Admission, recognition
Recognition of academic credentials gained abroad
Recognition of academic credentials
- B 21/99 (Non-recognition of academic credentials previously gained in the field of Psychology) (Document in German) (PDF, 32KB)
- B 9/00 (Non-recognition of a supplementary subject from the Phil. nat. faculty as a minor subject in the Phil. hist. faculty) (Document in German) (PDF, 41KB)
- B 9/00 (Binding information regarding recognition can only be given by the faculty that is authorized to make the decision on recognition) (Document in German) (PDF, 41KB)
- B 7/01 (The standard regulatory provisions stipulate that sociology students must also comply with the upper limit of 36 semester periods per week of classes outside the faculty) (Document in German) (PDF, 38KB)
- B 15/01 (The principle of legal equality is infringed if a qualification in a minor subject assessed according to the 1993 regulations is deemed to be equal to a qualification under the 1991 regulations, where one counts 36 semester periods per week and the other only 24) (Document in German) (PDF, 26KB)
Changes to regulations
Changes to regulations
Cost announcements made by the clinics
Animal clinics at the University of Bern
- B 8/01 (Situations in which treatment costs are not due) (Document in German) (PDF, 25KB)
- B 4/00 (Necessity of a new approval of costs when the cost quotation is exceeded) (Document in German) (PDF, 39KB)
- B 14/99 (What constitutes a surgical procedure?) (Document in German) (PDF, 34KB)
- B 14/99 (Presumed consent to a surgical procedure) (Document in German) (PDF, 34KB)
- B 13/01 (Rewriting the provisions and scope for dealing with minors) (Document in German) (PDF, 25KB)
- B 13/01 (The person who owes a debt to the animal hospital may be not only the owner but, under some circumstances, also the keeper of an animal. Definition of a keeper) (Document in German) (PDF, 25KB)
- B 13/01 (If several people sign a quotation, they are jointly liable for the debt) (Document in German) (PDF, 25KB)