Grant disadvantage compensation due to disability

Advanced training

The Commissioner for Handicapped and Chronically Ill Students organizes regular staff training courses on compensation for disadvantages. Further information can be found in the staff training database.

Conflicts and solutions

The contact for study offices, teaching staff and Examination Committees in the case of complex (guidance) cases is the Commissioner for Handicapped and Chronically Ill Students.

The compensation for disadvantages procedure is a general administrative procedure in accordance with Section 9 ff. of the German Administrative Procedures Act (VwVfG). The corresponding standards and procedure principles of the VwVfG therefore apply. The responsible Examination Committee decides on applications for compensation for disadvantages. More detailed information on the decision-making procedure, for example as to whether the Chairperson of the Examination Committee can make the decision alone, is specified in the relevant examination regulations. The Examination Committee should provide the applicant with written confirmation that the application has been received and must also provide information on the completeness of the application documents or, where required, request further information in this confirmation (Section 25 VwVfG).

In accordance with the principle of investigation (Untersuchungsgrundsatz, Section 24 VwVfG) and within the framework of the gathering of evidence (Beweisherhebung, Section 26 VwVfG), the Examination Committee can make its decision based on broad discretion with regard to the type and scope of the “determination of facts”. It can therefore consult the examiner among others and the Senate Commissioner for Students with Disability and Chronic Illnesses in particular in an advisory capacity. The Examination Committee should make use of the sound expertise of the Senate Commissioner for Students with Disability and Chronic Illnesses, especially when handling contentious cases. In case of doubt, a conversation with the applicant is also recommended. This often allows queries, ambiguities and misunderstandings to be quickly cleared up to the satisfaction of all parties involved. An exchange of information and ideas with the lecturer may also be a sensible idea. The principle of secrecy (Grundsatz der Geheimhaltung, Section 30 VwVfG), to which the members of the Examination Committee are bound with regard to the highly sensitive student data, is also important (cf. practical implementation).

The discretion of the Examination Committee when making its decision is limited by the principle of proportionality (Verhältnismäßigkeitsgrundsatz). This can, for example, be relevant if the evidence requested by the Examination Committee is extremely cost-intensive and required in an updated form although the evidence is already present in older documents and evidence can be presented that an improvement of the impairment is not foreseeable. In the case of procedural errors (e.g. a breach of the obligation to provide advice and information or the obligation of secrecy), the applicant can challenge the administrative act, namely the decision made by the Examination Committee (even after completing the examination).

Written notification

The applicant should be informed of the decision made by the Examination Committee as soon as possible and one week before the examination or start of the assessment period at the latest. In the written notification that compensation for disadvantages has been granted, the applicant should be informed about the relevant responsibilities and implementation process. It is important to bear in mind that the adjustment of the examination conditions in an individual case may be complex and therefore a sufficient amount of time for the organisation in the run-up to the examination must be allowed. The applicant should also be given time to calmly process the decision and consider whether they want to file an objection in the case of (partial) rejection.

Notification of the decision must always be made in writing. In the case of compensation for disadvantages that is fully or only partially granted, the applicant should be informed about the type and scope of compensation for disadvantages and the further procedure (cf. practical implementation). The Examination Committee must inform the examiner in particular about granted compensation for disadvantages so that the implementation is ensured. For data protection reasons, the disclosure of the grounds for granting compensation for disadvantages is not, however, permitted. Granted compensation for disadvantages is not allowed to be listed on degree certificates, diploma supplements or other comparable documents!

(partial) rejection

If the application is fully or partly rejected, the Examination Committee must inform the applicant of the grounds for the full or partial rejection. In accordance with Section 39 paragraph 1 VwVfG, “the chief material or legal grounds that led the authority to make its decision must be disclosed. The grounds given in connection with discretionary decisions should also contain the points of view which the authority considered while exercising its powers of discretion”. The grounds for the decision must be stated for the protection and legal clarity of all parties involved. From the perspective of the applicant, the grounds stated provide a basis for a possible objection. In the case of a decision to partially or fully reject the application, it is therefore essential that advice on legal remedies (Rechtsbehelfsbelehrung) is included.

• Example: advice on legal remedies (Rechtsbehelfsbelehung)
  "Gegen diese Entscheidung können Sie innerhalb eines Monats nach ihrer Bekanntgabe bei der Universität Leipzig, xy-Fakultät, Prüfungsausschuss, Adresse xy schriftlich oder mündlich zur Niederschrift des Prüfungsausschusses Widerspruch erheben."
  
  English: "You can object to this decision within one month after being informed of the decision by notifying Leipzig University, Faculty of xy, Examination Committee, address xy in writing or as an oral statement to be recorded for the Examination Committee."

Objection

The decision on compensation for disadvantages is an administrative act, the implementation of which can be reviewed with recourse to the administrative court. The respective examination regulations contain information on the requirements for possible opposition proceedings. If compensation for disadvantages has already

Obligation to report problems immediately

If compensation for disadvantages has already been granted and is not correctly implemented during the examination, the examination candidate has an obligation to report problems immediately. If, for example, a time extension or granted pauses are not provided in accordance with the application during the examination, this must be reported to the examination supervisor or examiner immediately. Problems cannot be reported after the examination.

The implementation of compensation for disadvantages often involves different areas of responsibility and stakeholders (for example examiners, those responsible for the allocation of rooms and the study office) and requires (organisational) resources. The expenses and efforts connected to these resources should not be passed on to the student. The organisation of examination conditions, including those within the context of compensation for disadvantages, is a fundamental responsibility of the University. The Examination Committee should therefore inform the individuals and bodies responsible for the implementation of the measures, especially the examiner, about the necessary modifications and ensure that they are made. For organisational processes (individual appointment, alternative room, etc.) a clarifying discussion with the person responsible for holding the examination (and the applicant) is possible where applicable.

In such discussions, only the ‘how’ of the granted compensation for disadvantages and not the grounds for the decision to grant compensation for disadvantages (a possible clinical picture, symptoms, etc.) is allowed to be communicated on the grounds of data protection. Where possible, the anonymity of the person entitled to compensation for disadvantages should be preserved in full. The decision made by the Examination Committee is binding for the examiner.

• Note
  The applicant is generally responsible for procuring any aids or resources. The costs of a writing aid with no prior subject-specific knowledge or an assistant for practical examinations or internships are regularly covered by the regional social welfare (Sozialhilfe) institution or the integration funding and assistance institutions. A pool for hiring aids and resources for the implementation of compensation for disadvantages (for example laptops with speech output) has also been established at the University and an accessible workstation for examinations has been created (cf. Appendix 3).

The data involved in compensation for disadvantages procedures is usually highly sensitive data. Particular care must therefore be taken with regard to data protection and confidentiality! In terms of data protection law, the collection and processing of personal data in compensation for disadvantages procedures are only
permitted with the explicit consent of the data subject pursuant to Article 9 paragraph 2 point a) of the General Data Protection Regulation (GDPR).

Decision-makers are bound to the principle of secrecy (Section 30 VwVfG) and have a duty of confidentiality in dealings with third parties unless they have been released from these obligations by means of a written document signed by the applicant. This duty also applies to dealings with the examiner or other “organisational bodies”, which are allowed be notified of the decision and the necessary modifications but normally not permitted to receive information on the grounds for the decision (form of impairment). All members of the Examination Committee should be informed about their obligation of secrecy.

If the Examination Committee believes that additional information is necessary (in addition to the information already provided), it can submit a written request to the applicant for the doctor providing treatment or the Senate Commissioner for Students with Disability and Chronic Illnesses to be released from their duty of confidentiality. Only data that are necessary for the procedure are allowed to be collected. The applicant can redact details that are not required on documents and forms.

The decision made by the Examination Committee (notification) is only permitted to be documented in the written record and in the examination files (or student files in the case of compensation for disadvantages for the organisation and completion of university studies) of the student. All other documents (for example medical certificates) remain in the hands of
the Examination Committee.