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Family difficulties not an extraordinary circumstance for exam reinstatement

ACOM/153/1997Court of Justice / Administrative ChamberSep 24, 1997Dismissed

Open source

Extracted by Omnilex

Omnilex summary

A student challenged an exam-related sanction, invoking RU.22 al. 3 and arguing that his mother's poor health and difficult relations with his father justified relief. The deciding authority, CRUNI, held that these circumstances, while unfortunate, did not amount to an extraordinary circumstance within the meaning of the regulation. The appeal was dismissed.

Omnilex headnote

RU.22 al. 3; extraordinary circumstances justifying relief from an exam sanction are interpreted restrictively. Personal or family difficulties, including a parent's poor health and strained parental relations, do not as such constitute an exceptional situation unless they are shown to be of a gravity and impact exceeding ordinary life disturbances; the authority retains discretion in assessing whether the threshold of exceptionality is met.

Full text

Descripteurs

UNIVERSITE; ETUDIANT; EXAMEN(EN GENERAL); RADIATION(EFFACEMENT); PARENTS; ETUDES UNIVERSITAIRES; DUREE; POUVOIR D'APPRECIATION; CIRCONSTANCE EXTRAORDINAIRE; CERTIFICAT MEDICAL; CRUNI

Normes

RU.22 al.3

Résumé

N'a pas été assimilé à une situation exceptionnelle au sens de l'art.22 al.3 RU, le fait que le recourant subisse des perturbations en raison de la santé déficiente de sa mère et de ses mauvaises relations avec son père.

Keywords

universitystudentexamexpulsionparentsmedical certificateextraordinary circumstancediscretion

Extracted by Omnilex

Key legal questions extracted by Omnilex

Key legal question

Whether the student's family situation constituted an extraordinary circumstance under RU.22 al. 3 justifying relief from the exam sanction.

Extracted holding

No. The difficulties caused by the mother's health and the strained relationship with the father were not treated as an extraordinary circumstance within the meaning of RU.22 al. 3.

Extracted reasoning

The court held that the described personal and family disturbances did not reach the level of exceptionality required by the regulation.

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