Higher education and scientific research

The Higher Education and Research Act (WHW)

The Higher Education and Research Act (WHW) is a Dutch act dating from 1992. This act (in full: the Wet van 8 oktober 1992, houdende bepalingen met betrekking tot het hoger onderwijs en wetenschappelijk onderzoek, the Act of 8 October 1992 containing provisions on higher education and scientific research) lays down the rules on higher education and scientific research in the Netherlands. Among other things, the act contains provisions on universities, universities of applied sciences (hogescholen), the Open University (Open Universiteit), the university medical centres (UMCs), the Royal Netherlands Academy of Arts and Sciences (Koninklijke Nederlandse Akademie van Wetenschappen, KNAW), the National Library of the Netherlands (Koninklijke Bibliotheek, KB) and academic titles.

Multi-year planning and objectives

Once every six years, the institution's board must draw up a plan for the institution. This plan must contain a description of the content and specifics of the institution's intended policy. Among other things, it pays attention to plans to improve the quality of education.

By way of derogation, the board of the Royal Netherlands Academy of Arts and Sciences and the institution's board of the National Library must draw up an institutional plan every four years. This institutional plan in any case covers the medium-term objectives, the main lines of the policy to be pursued and the financial, staffing, material and organisational conditions that must be met.

Funding of higher education

Universities of applied sciences and universities receive money from the government. This money is used not only to finance the education itself, but also for research, development and cooperation with academic hospitals. In addition to a fixed amount, they also receive a variable amount that depends on various factors, such as the number of students enrolled within the nominal duration of study and the number of completed bachelor's and master's degrees. In other words, universities of applied sciences and universities benefit from providing high-quality education and from their students actually obtaining a degree. Every year a budget is set by the central government. Only recognised universities of applied sciences and universities receive money from the central government.

Accreditation in higher education

All recognised programmes of universities of applied sciences and universities are included in the Central Register of Higher Education Programmes (Centraal Register Opleidingen Hoger Onderwijs, CROHO). To be included in this register, the programme must be recognised by the NVAO (Accreditation Organisation of the Netherlands and Flanders, Nederlands-Vlaamse Accreditatieorganisatie). This means that the quality of the programme is sufficient. If, after some time, the quality is no longer sufficient, a programme can lose its recognition. A recognised diploma may then no longer be issued. Recognition of the programme is also required for student finance.

Academic hospitals

An academic hospital is also called a university medical centre (universitair medisch centrum, UMC). In an academic hospital or UMC, the medical faculty and the hospital are brought together in a single organisational structure. This means that a UMC has tasks not only in the field of patient care, but also in education and research. The Netherlands has the following UMCs:

• Amsterdam UMC (VUmc and AMC)
• Universitair Medisch Centrum Groningen
• Leids Universitair Medisch Centrum
• Maastricht UMC+
• Radboudumc
• Erasmus MC
• Universitair Medisch Centrum Utrecht

Royal Netherlands Academy of Arts and Sciences (KNAW)

The Royal Netherlands Academy of Arts and Sciences (KNAW) is an independent and leading organisation dedicated to promoting science in the Netherlands. It is a society of respected scholars, an advisory body to the government and an organisation of the national scientific institutes. It was founded in 1851 and has since grown into a respected institution that plays a crucial role in the field of science.

National Library of the Netherlands (KB)

The Koninklijke Bibliotheek (KB) is the national library of the Netherlands, founded in 1798. It is based in The Hague, and its mission is to collect, preserve and make accessible the Dutch printed and digital heritage. Everything that is published in the Netherlands and about the Netherlands is collected. This includes not only books, but also magazines, newspapers, maps, manuscripts, e-books, audiobooks, photos and more. The KB provides access to this knowledge and culture of the present and the past and is therefore an important part of scientific research and higher education in the Netherlands.

Good governance and participation in higher education

In recent years, there have been various changes in the law that have led to more participation (medezeggenschap) in higher education. One example is the Act on strengthening governance (Wet versterking bestuurskracht, Wvb 2017). This act strengthened the powers of the participation bodies, including a clear role in the appointment and dismissal of board members. It set up a framework to encourage the board members, the supervisors and the participation bodies, each with their own responsibilities, to work together professionally. Among other things, laws and regulations set clear requirements for the appointment of the members of the Executive Board (College van Bestuur) and the nomination or appointment of the members of the Supervisory Board (Raad van Toezicht).

Market forces and digitalisation in higher education

Anyone looking at old photos of education sees people in tailored suits and wooden desks. Education in the Netherlands has changed incredibly and now focuses on further digitalisation. This has also affected the market for learning materials. On the one hand, there is the market for learning materials, which has become more international with companies such as Google and Microsoft, but on the other hand there are the universities of applied sciences and universities, which have a greater need for learning materials adapted to the local market.

A large gap has opened up between the demand side and the supply side. That is why more and more researchers are calling for government intervention. They point out that certain public values are under pressure (e.g. privacy), that the learning materials are difficult to fit within the current funding (they are becoming more expensive), that more and more bottlenecks are arising in terms of freedom of choice and that the adoption of open learning materials is running into difficulties. Furthermore, the quality is said to sometimes leave something to be desired.

According to experts, the government can intervene in various ways. For example, the government could encourage open learning materials and open standards and impose more binding agreements on digital learning materials. The government could also contribute in terms of funding. Not only to cope with digital learning materials becoming more expensive, but also so that teachers can be better supported.

Liability of universities of applied sciences or universities for study delay

If a university of applied sciences or a university fails to meet its obligations or its duty of care towards students and the student suffers a study delay as a result, the educational institution may be liable for this. This is because study delay also means financial loss, for example because you enter the labour market later.

In such cases, the student can try to hold the educational institution liable and claim compensation. Examples of situations in which an educational institution can be held liable are failing to provide sufficient teaching and support facilities, failing to comply with established teaching and examination regulations, or wrongly refusing access to an exam. However, it is important to note that liability is not established automatically; the student must prove that there was negligence or shortcomings on the part of the educational institution and that these led to the study delay and the loss suffered. That is not so easy, because there are often several causes underlying the study delay.

Graduation and the examination board

Graduation is an important moment for students. It marks the end of a learning path during which they have developed their knowledge, insights and skills. The graduation process varies depending on the educational institution and the type of programme. Sometimes a student may disagree with the way things have been handled.

Graduating from university

At university (university education, wo), the graduation phase consists of carrying out scientific research. This can take various forms, such as a literature study, research at an external organisation or a research programme at the university itself. Students present the results of their research in a thesis or a presentation.

Graduating from a higher professional education (hbo) programme

To graduate from a higher professional education (hbo) programme, students must have passed all exams, including the final examination. The graduation programme, or curriculum, is determined by the programme and can consist of, for example, professional assignments and a graduation internship. The final examination can take various forms, such as a literature study, a bachelor's thesis or a portfolio. Information about this can be found in the Teaching and Examination Regulations (onderwijs- en examenregeling, OER). The programme's examination board (examencommissie) supervises the entire process and is responsible for the exams.

Graduating cum laude

Graduating cum laude, or 'with honours', is an achievement showing that a student has completed his or her studies with excellent results. The criteria for graduating cum laude are set by the educational institution and can vary per institution. They can be found in the OER or in the Rules and Guidelines of the examination board. It is also possible to obtain a doctorate cum laude for research. The rules on this are set out in the university's Doctorate Regulations (Promotiereglement).

Disagreeing with how things were handled

If a student disagrees with the way things were handled around his or her graduation, he or she can submit a complaint to the examination board of the programme concerned. If the student disagrees with the decision of the examination board, he or she can appeal to the Examination Appeals Board (College van Beroep voor de Examens, CBE).

Legal position of students in higher education

It is important for students to be well informed about their legal position. They are entitled to fair and equal treatment, while they also have a number of obligations. We highlight the most important aspects of the legal position of students in higher education, including rights and obligations, admission and removal, legal conflicts and the rights of students with a disability or a support need.

Rights and obligations of students in higher education

The legal position of students in higher education is governed by the WHW. Students in higher education have both rights and obligations. These rights include, among other things, the right to access to good-quality education, the right to have a say and to participate, and the right to a fair assessment. Students are also entitled to study guidance and have a right to information about their study progress. They also have the right to use the buildings and facilities of the educational institution. The educational institution may not simply end the programme midway. Students have the obligation to comply with the provisions of the teaching and examination regulations, to apply themselves to their studies and to behave in accordance with the institution's code of conduct.

Agreement between the student and the university of applied sciences or university

When a student enrols at a university of applied sciences or university, an agreement is created between the student and the educational institution. Under this agreement, the institution undertakes to provide education and guidance. The student who enrols in a programme undertakes to apply himself or herself to that programme and to follow the rules and guidelines.

Students who do not keep to the agreements can be penalised. Under certain circumstances they can be suspended or expelled, for example in the case of serious misconduct or fraud. In both cases, the procedures and rules of the educational institution must be followed meticulously in order to protect the student's rights.

Conflicts with universities of applied sciences or universities

If a conflict arises between the student and the educational institution, a student has various options. First of all, the student can raise the problem internally. For this, the student can turn to a confidential adviser or an internal complaints service, for example. If this does not lead to a solution, the student can, for example, go to the examination board (if the conflict relates to assessments) or involve the participation council in the conflict. In some cases it may be necessary to call in legal assistance. Legal expenses insurance can be useful here, as this insurance covers the costs of legal assistance and helps to resolve disputes.

Rights of students with a disability or support need

Students with a disability or support need are entitled to appropriate facilities and adjustments to guarantee equal opportunities in education. Educational institutions are required to make reasonable adjustments and to offer a sufficiently high level of accessibility, so that these students can take part in education on an equal footing.

The binding study advice in higher education

The binding study advice (bindend studieadvies, BSA) is an important topic in higher education. It is advice given to students by the educational institution. It relates to their progress and performance. It can be either positive or negative, but the consequences are especially serious with a negative study advice. A negative advice can mean that a student may not continue studying at the institution concerned.