Last update: 22.09.2024
This page aims to address many common questions related to studies in order to clarify the framework and limits of EPFL’s current rules. The answers to the questions listed have been written with the assistance of CARE, the legal service of the Federation of Student Associations (FAE) of UNIL.
If you can’t find the answers’ you’re looking for on AGEPoly’s website, don’t hesitate to contact our legal counsel [link].
For a summary of the rules during exams, open this page.
Table of contents:
- Regarding exams: content and grades
- Is it legal for professors to reuse questions from past exams?
- What recourse is there when a professor refuses to invalidate a wrong question on an exam?
- Is it legal not to mention the grading scale of an exam on its question paper?
- Is it allowed for professors to modify the grading scale of an exam or their course after the exam / course?
- Is a school required to provide the grade distribution for a course when requested, citing the Transparency Act (LTrans)? The same question applies to the raw points obtained in an exam.
- Regarding exams: organization and logistics
- Until when can professors announce a midterm?
- What are the limits regarding where and when professors can organize the consultation of their exam papers, assuming it is the unique occasion to consult one’s own exam copy?
- Stay in Switzerland
- If a student would be imprisoned if they return to their country without a degree, do they have the right to political asylum?
Common references below:
- The ordinance on the control of studies leading to a bachelor’s and master’s degree at EPFL (LEX 2.6.0.1) [only available in French]
- The internal directive on examination procedures at EPFL (LEX 2.6.1)
Regarding exams: content and grades
Is it legal for professors to reuse questions from past exams?
According to article 8 of LEX 2.6.1, it is formally prohibited for professors to reuse questions from past exams. Professors who do so expose themselves to significant legal and administrative risks, such as disciplinary sanctions, institutional reprimands, and potential litigation.
What recourse is there when a professor refuses to invalidate a wrong question on an exam?
In cases where a professor refuses to invalidate a wrong question on an exam, it is appropriate to refer to the principle of good faith. In accordance with article 9 of the Swiss Constitution, this principle requires that the state act in a loyal, honest, and reliable manner in all its interactions with citizens, including in the field of education. Thus, if a professor refuses to invalidate a wrong question on an exam, it could be considered a violation of the principle of good faith. Students have the right to assert this principle and request a review to ensure a fair evaluation that adheres to academic integrity standards.
Is it legal not to mention the grading scale of an exam on its question paper?
Yes, LEX 2.6.0.1 Article 13 gives professors considerable freedom in how grades are calculated.
Is it allowed for professors to modify the grading scale of an exam or their course after the exam / course?
For example, is it possible to announce that a 6/6 is obtained from 80% of the points and finally only give it from 90%? The answer is no, this constitutes a violation of the protection of the good faith of the individual in case of inaccurate information, as long as the student cannot reverse their decisions. This is trivially the case for exams and assignments that have already passed.
Is a school required to provide the grade distribution for a course when requested, citing the Transparency Act (LTrans)? The same question applies to the raw points obtained in an exam.
Yes, as long as such a grade distribution for a course or exam has been produced. It is not possible to deny access on the grounds that such a document was created for personal use or for data protection reasons, as the competent authority can anonymize the information. After a request for access, the authority (professor or otherwise) has 20 days to accept or deny the request. In the event of a refusal, mediation (Article 13 of the LTrans) or an appeal (Article 16 of the LTrans) can be pursued.
Regarding exams: organization and logistics
Until when can professors announce a midterm?
The annex of LEX 2.6.1 recommends: “The date of the exams, their number, their nature, and the weighting for the final grade should be announced reasonably in advance and bind the teaching and student parties.” However, this recommendation does not have intrinsic value. In practice, it is not permitted to add a midterm to a course if it was not already announced in some way in the course description, under the “Evaluation Method” section. Note that an evaluation method including “continuous assessment” leaves open the possibility of a midterm.
What are the limits regarding where and when professors can organize the consultation of their exam papers, assuming it is the unique occasion to consult one’s own exam copy?
According to article 15 of LEX 2.6.0.1, it must be possible for each student to consult their exam paper within 6 months following the communication of the result. On a case-by-case basis, if professors announce a date, time, or location that makes consultation impossible, then students can report this violation of their rights through their delegation.
Stay in Switzerland
If a student would be imprisoned if they return to their country without a degree, do they have the right to political asylum?
It would be necessary to prove that failing the exam would be the reason why the person would be imprisoned in their home country without justified grounds.