The students affected by repetition of a part of tests of EBAU (evaluation of baccalaureate for access to University) in University of Extremadura, as a result of a filtration of examinations, have requested, in addition to public pardon of rector , an indemnity covering costs of travel and damages caused by cancellation of scheduled end-of-course trips, in addition to return of rates of selectivity. If University of Extremadura refuses to compensate affected students voluntarily, what steps should y take to get out unscad, at least economically, after disgust of repeating evidence again?
The educational administration, as public administration, has obligation to assume economic damages attributable directly to its activity, also those caused by authorities and personnel at its service. article 106.2 of Constitution recognizes to citizens right to be compensated for any injury that y suffer "in any of ir property and rights as a result of operation of public services, except in cases of force majeure". The law of legal system of public sector states in its article 32 that " individuals have right to be compensated by corresponding public administrations, of any injury that y suffer in any of ir property and rights, provided that Injury is result of normal or abnormal operation of public services except in cases of force majeure or damages that individual has legal duty to bear in accordance with law. "Steps to follow
First of all, it must be taken into account that administration has a number of prerogatives, which implies need to make a pre-claim before corresponding organs of University Centre within one year of Produced fact. Only once petition has been interposed and rejected, students will be able to go to courts to claim compensation, assisted by a lawyer.
The students will have to demonstrate economic, effective (not mere expectations), assessable and individualized damage, and that this has occurred as a result of poor functioning of educational administration, ie y must To specify alleged causal relationship between travel and cancellation expenses and functioning of educational service.
The causes that exonerate administration are force majeure, exclusive guilt of victim or criminal action of a third party in production of damage. The causal nexus would be broken if it was demonstrated, for example, that tests were hacked despite fact that university had an adequate security system. On contrary, if filtration of tests had been caused by an oversight of centre, when contents of tests were uploaded to a public folder, university should respond to consequences.
The case of EBAU test repeated at University of Extremadura is not only one in which tests have resulted in compensation in charge of educational administration.7,500 euros for an academic title ' Phantom '
The University of Vigo has recently been condemned to compensate with 7,500 euros per pupil to 21 students of 75 who studied "police sciences" and who were promised to obtain a degree in Criminology technician. This amount compensates both total amount of two years of course (5,000 euros) and moral damages (2,000 euros).
The Court of contentious considered insufficient 3,000 euros that administration had granted in administrative way to students who claimed. In his sentence declares that y were deceived by university, that bid an intermediate title, that of technician in criminology, to surpass two first courses, when this one is of "impossible to obtain" outside field of professional training.A million pesetas for a suspense that was not
In 1998 Supreme Court endorsed compensation of one million pesetas to a high school student whose institute reported that he had suspended philosophy when, in reality, was approved (and thus was in official academic qualification). The newsletter with suspense in philosophy caused student to reenroll in COU, taking a year to enter university. The state attorney alleged in appeal that no compensation was provided and, in any case, "only derivative of tuition fees". But, for supreme it was "evident attendance of an abnormal functioning of public service that is provided in Institute, when y deliver bulletins of notes or ballots to students". As for amount, one million pesetas, Tribunal considered it entirely appropriate for "repetition of course of COU and delay of access to university".