Guidelines for NMBU's Board of Student Affair
Please note! The Norwegian text is the official and authoritative text. The translation is for convenience only.
1 Legal basis
1.1 These guidelines were adopted by NMBU's Board on March 15, 2017, based on the Act relating to Universities and University Colleges sections 5-1, 9-1, and 9-2. They were revised on April 24, 2019, and again on September 2024, based on the Act relating to Universities and University Colleges (2024) sections 14-1 and 4-1.
1.2 NMBU establishes a Board for Student Affairs in accordance with the Act relating to Universities and University Colleges , section 14-1. This board is a continuation of NMBU's former Appeals Committee. These guidelines clarify the board's composition, authority, and procedures, respecting the board 's autonomy as outlined in section 14-1, third paragraph. Any changes to these guidelines must be approved by the university board.
2 The NMBU's Board of Student Affair's composition, appointment process and term of office
2.1 The board's composition must adhere to the requirements outlined in the Act relating to Universities and University Colleges, specifically Section 14-1.
2.2 The board chair and their deputy must meet the qualifications for judges as stipulated in the Courts Act, Section 54. Additionally, they must have experience working at a university. Both the chair and deputy are appointed by the university board for a four-year term.
2.3 Two members and up to two alternates for each of these members must be permanent employees in academic positions at NMBU. They are appointed by the university board for a four-year term.
2.4 Two active NMBU students and up to two alternates for each are appointed by the Student Parliament for a one-year term.
2.5 Two PhD students and up to two alternates for each are appointed by the Society of Doctoral Candidates at NMBU (SoDoC) for a one-year term. These members will participate as student representatives in cases involving PhD students.
2.6 Reappointment is allowed, and members can continue serving beyond their normal term until a replacement is appointed.
2.7 Board members must be able to follow the proceedings in Norwegian.
2.8 The rules on conflict of interest in the Public Administration Act apply to committee members.
2.9 The rector appoints a secretary for the board. The secretary must have strong legal expertise and preferably not be organizationally placed in departments frequently involved in board cases. The rector can determine the proportion of the secretary's working hours dedicated to the board. The secretary cannot be instructed on this work by anyone other than the board itself.
3 The duties of NMBU's Board of Student Affair
3.1. The board makes decisions or provides opinions on matters assigned to it by the Act relating to Universities and University Colleges, specifically sections 14-1, 12-1 to 12-10 (3), as well as any additional types of cases specified in these guidelines.
3.2. The board acts as an appeals body for all student appeals against individual decisions made by university bodies. This includes:
- a) appeals from prospective students who have been denied admission
- b) appeals from students regarding formal errors in the arrangement or evaluation of student performance
- c) appeals from students about the university's failure to fulfill its legal or contractual obligations related to teaching and the evaluation of student performance
- d) appeals from students about deficiencies in the physical learning environment, unless the matter can be handled by NMBU's workplace environment committee
- e) appeals from PhD candidates regarding the forced termination of their doctoral studies
- f) appeals from PhD candidates regarding the rejection of their PhD thesis or the non-award of a PhD degree
- g) appeals from Dr. Philos candidates regarding the rejection of their thesis or the non-award of a Dr. Philos degree.
3.3. The board can decide on legal costs in connection with its cases, according to the Public Administration Act, section 36.
3.4. The board is also the appeals body for complaints from employees or students regarding elections to the university's governing bodies, as outlined in NMBU's election regulations.
4 General Rules for Procedure
4.1 The board's work must comply with the provisions of the Act relating to Universities and University Colleges, as well as general administrative law rules and principles, including the general provisions and procedural rules of the Public Administration Act.
4.2 The board determines its own working methods within the framework of the law and these guidelines.
4.3 Normally, the board should make its initial decision within two months of receiving a case. If the case is not sufficiently clarified upon receipt, the deadline is extended as necessary to clarify the missing information.
4.4 The board must ensure that the case is adequately clarified before making a decision. If necessary, the board may request that the party who brought the case forward provide additional information.
4.5 The board's secretary performs administrative tasks, arranges meetings, prepares written presentations of cases, and writes minutes of the committee's meetings. The secretary normally has the authority to decide on practical matters related to case preparation but not on matters that could affect the substantive decision.
4.6 The secretary may reject cases that clearly fall outside the board's mandate. The secretary's decision is referred to the board. Appeals of such decisions must be submitted to the board for consideration before being forwarded to the appeals body.
4.7 Documents for the board are archived in the university's archive system.
4.8 The board or its secretary must ensure that parties and others receive guidance as stipulated in Section 11 of the Public Administration Act.
4.9 The board's decisions are normally made in meetings. The board is quorate when the chair or deputy chair and two other members are present.
4.10 In cases involving denied access to information or other matters that must be decided before the board can meet, a decision can be made through electronic communication if the board considers the procedure to be sound.
4.11 The board must ensure that appeals it is to handle as an appeals body have been considered by the first-instance body before the board makes a decision in the case.
4.12 A party to a case should normally be given the opportunity to appear before the board and present their views. The student may be accompanied by a lawyer or other assistant at their own expense or at the university's expense when required by the Act relation to Universities and University Colleges and the fee regulations.
4.13 The board submits an annual report to the university board on the board's activities.
5 Cases based on Student Complaints
5.1 For students and prospective students to file a complaint with the board, they must have a legal interest in the outcome of the case.
5.2 Complaints from students or prospective students about formal errors, deficiencies in the learning environment, or individual decisions on other matters are normally public, but can be made private if the conditions of the Public Access Act are met.
5.3 The board can overturn appealed decisions. It can make new decisions in cases that do not need to be decided by the University Board itself. In case of a tie, the chair has a casting vote.
5.4 In cases of formal errors in teaching or the evaluation of student performance, the board can decide on a re-exam or a re-grading for the student who has complained, as per the Act relating to Universities and Colleges, section 11-9. The board cannot change the content of the grading decisions.
5.5 In cases of deficiencies in the physical learning environment, the board makes decisions about changing the conditions, unless the matter involves significant budgetary allocations or falls under the jurisdiction of the workplace environment committee.
5.6 Decisions made by the board as an appeals body cannot be appealed further.
6 Cases of Cheating, Other Dishonesty, and Sanctions
6.1 The rector, or a delegate, can bring cases to the board for determination of whether a student's actions fall under the provisions of the Act relating to Universities and University Colleges, sections 12-1 to 12-8. The rector must provide relevant information and propose a sanction.
6.2 Students who may face serious sanctions must be notified of the case and given the opportunity to explain themselves before the board makes a decision.
6.3 In sanction cases brought by the university, personal information is normally kept confidential. However, students with a legitimate interest in privacy can request that the board assess the need for openness in the proceedings.
6.4 Students who have a right to legal aid must be informed of this right in accordance with the Act relating to Universities and University Colleges, section 12-9, and the fee regulations.
6.5 Students who are a party to a case of cheating or dishonesty and who do not speak Norwegian can request to give their statement in English and receive the board's decision in English.
6.6 The board can impose sanctions in accordance with the provisions of Chapter 12 of the Act relating to Universities and University Colleges. Decisions on expulsion and loss of examination rights must be made by a two-thirds majority. In case of a tie, the vote that is most favorable to the student shall prevail.
6.7 Initial decisions on sanctions made by the board can be appealed to the Joint Appeals Committee, as per the Act relating to Universities and University Colleges, section 14-2, and the relevant regulations. Such appeals are first submitted to the board for reconsideration before being forwarded to the Joint Appeals Committee for a final decision.
6.8 A student can appeal a final decision on expulsion, exclusion, unsuitability, or dismissal to a court of law. A lawsuit must be filed within three months of the student being notified of the final decision, as per the Act relating to Universities and University Colleges, section 12-10.