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Arbitration Clause PDF Print
Article 38
  1. 1. The Dean shall, at the request of the first supplicant, agree to act as an intermediary:
    a. if, during the preparation of the dissertation a disagreement arises between the supervisor and co-supervisor, between the supervisor and the doctoral candidate, or between the co-supervisor and the doctoral candidate;
    b. if a dispute arises among the supervisors, the supervisor and the co-supervisor, or between the (co-)supervisor and the doctoral candidate concerning the approval of the thesis;
    c. if the Assessment Committee refuses the candidate access to the defence ceremony.
  2. If the Dean is himself a member of the Assessment Committee, the Board of Deans shall appoint a professor as an intermediary.
  3. The intermediary shall in any event hear the parties to the dispute, in order to achieve an amicable solution. His findings and reasoned conclusions shall be specified in a report, which he shall discuss with the parties. The report and a written summary of the discussions shall be communicated by him to the parties and the Board of Deans.
Article 39
  1. If the assistance of the intermediary does not lead to an agreement within four weeks, either or both of the parties may apply to the Board of Deans in writing, with a request for arbitration.
  2. Within a period of four weeks after receipt of a communication as stipulated in the first paragraph, the Board of Deans shall appoint a committee that shall give advice in the matter of the dispute. The committee shall comprise three professors who have not been involved in the preparation of the dissertation.
  3. The committee as stipulated in the second paragraph shall in any event consult all those involved and is authorized to consult experts. The committee shall then draw up a written report of its findings.
  4. Within eight weeks after its institution, the committee referred to in the second paragraph shall present its advice to the Board of Deans in the form of a reasoned draft decision, submitting the report as stipulated in the third paragraph.
  5. The Board of Deans shall arbitrate the dispute within a period of four weeks after receipt of the advice referred to in the fourth paragraph. The decision of the Board of Deans shall be communicated forthwith in writing to all those involved. If the decision deviates from the advice as stipulated in the fourth paragraph, the advice, accompanied by the grounds upon which deviation was made, shall be communicated to all involved and to the committee referred to in the second paragraph.
  6. The provisions of the General Administrative Law apply.
 

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