Quite a few students fail an exam on their second and third attempt. In most cases this is accompanied by the end of your studies. However, students can defend themselves against this. Find out whether it's worth it, who will help and how to go about it.
Challenging an exam can save your degree
The exam has been written and corrected and graded by the professor. Unfortunately it wasn't quite enough. And since this was already the third attempt, the course is suddenly on the verge of being completed. However, there is also good news: you can generally challenge unfair exam results and grades. An examination challenge is particularly common when the respective exam contributes to the final grade. This includes, for example, bachelor's, master's exams and state exams - but also exams that you inevitably have to pass in order to be admitted to the final thesis . An examination challenge is not a request for a pardon, but rather a legally provided opportunity to defend oneself against unfair treatment.
Is it worth appealing for an exam?
In many cases it is advisable to appeal the exam - not just if you fail. A non-representative survey of 100 students at 10 universities in North Rhine-Westphalia showed: Quite a few fight for better grades and get it right. Around a quarter have already negotiated a grade at least once, of which 80 percent were able to improve their results. If a correct answer was evaluated as incorrect or insufficient time was given to prepare for the exam, the courts can decide in favor of the student. The chances are quite good if the examiner illegally applies a penalty rule, i.e. deducts points for incorrect answers. The same applies if the final examination was not carried out by two examiners. However, it becomes more difficult when it comes to the weighting of the answers, as this is usually at the discretion of the professor.
Tip: If you want to take advantage of the opportunity to view the exam , you should hurry up. In some cases, the viewing time is only 10 minutes.
What typical errors can occur?
The following errors in particular can give rise to an examination challenge:
- Correction errors
For example, even though the answer is completely correct, the professor only awards two points instead of three.
- Errors in judgment
Contrary to the examiner's opinion, the answer is correct, which can be proven by experts, reports or specialist literature.
- Procedural errors
Concentration during the test was significantly disrupted by construction noise. It is important that you have already complained about this during the exam.
When should the exam be challenged?
Together with the notice informing you of the failure, you will also receive instructions on legal remedies. This explains how you can formally lodge an objection. Some universities also offer pre-printed forms. Note: Once you receive the decision, you only have one month to file an objection. In the letter of objection, you should explain as clearly as possible why the test is considered incorrect.
Who can help me appeal my exam?
Given the impact that an exam or grade can have on the further course of your studies, it is often worth seeking professional legal advice. Some lawyers specialize in audit challenges and know exactly where possible errors lurk and how an objection should be formulated. After all, good argumentation is of great importance. The legal advisor also makes use of the applicable case law. For example, the Federal Administrative Court has decided that partial points can be awarded even if the answer is incorrect - namely if the solution shows a coherent train of thought and a certain knowledge of the subject matter. It is also important that you focus your objection on the facts of the case without personally attacking the examiners involved.
By the way: If the one-month deadline for the objection has expired, an examination challenge usually has no chance of success. However, this can be extended to one year if the information on legal remedies is missing or incorrect. An experienced lawyer can best assess this.
Conclusion
Challenging an exam is often the last chance to get a fair grade or even a degree. Although challenging is a legal right, many students do not take advantage of this opportunity - despite some good prospects of success. When making an objection, it is important that it is made within the legally stipulated period and that it is well justified. The support of a lawyer can be crucial, especially when it comes to a good argument or any formal errors.
