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Objection to the censorship of an exam accompanying study

Hello,

my son is studying at a distance university. At the end of April, he received a certificate stating that he had passed a study-accompanying exam with a sufficient grade. He tried to contact them via email to ask if he could have access to his work. He received no response. We then filed a timely objection, stating that the grading was not understandable. Suddenly, the case officer of my son contacted him and claimed not to have received the email. However, he could have access to his work by appointment. An appointment was made, my son went there and was able to see his work, but was not allowed to copy it. The point distribution was not recognizable based on the corrections. He wrote down the most important questions. He asked for an explanation of the evaluation. He was told to make a phone appointment for that. The conversation took place on the scheduled date.

The following was expressed:

The case officer had given him a lower grade anyway. The whole thing was too superficial. The question of what was missing in the individual tasks could not be answered in any case. The question about a point distribution scheme or an expectation horizon was answered in such a way that the students themselves had to figure it out. Sometimes she said for one task, a few more points could be given, for other tasks she would have given less.
The objection was not valid anyway, as it was unfounded.
My son then ended the conversation without results. That was on June 14th. In my opinion, the objection is still valid. There must be another written decision or something like that first.

We do not want to let this go, as it all sounds like excuses. What else can we do or what should we do next?

Thank you

Bernhard Müller

Dear questioner,

The distance learning university must decide on the objection in writing.

If this is not done within 3 months from the filing of the objection, then you can sue for a change in the grade.

If the distance learning university has the status of a public corporation, the administrative court would likely have jurisdiction.

If it is a private university, then the civil court would likely have jurisdiction.

If you are unsure about the organizational form of the university, file the lawsuit with the administrative court. It will provide a corresponding note if it considers itself not competent. Then it can be requested to refer the legal dispute to the competent court.

The court that determines this is the court where you filed the lawsuit.

However, the lawsuit is likely to be successful only if you can explain to the court what is wrong with the assessment.

I hope that my response was able to help you.

Yours sincerely,

Bernhard Müller, attorney

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Bernhard Müller

Bernhard Müller

Berlin

Bernhard Müller ist seit April 2004 als Einzelanwalt tätig. Wer Streit mit seinem Vermieter hat, etwas erbt, vererben will, sich scheiden lassen will, wer Ärger mit der Polizei oder sonst ein rechtliches Problem hat, findet bei Rechtsanwalt Bernhard Müller kompetente Beratung. Im Jahr 2009 hat er 2 mal hintereinander den Jusline Kommentierwettbewerb gewonnen.

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