The role of academic arbitration courts in protecting student rights in Latvia

As the new academic year starts in Latvia, a published legal analysis addresses where a lecturer's academic judgment ends and a university's duty to ensure a fair process and good governance begins. The piece, published by LV portāls, examines the function of academic arbitration courts operating within Latvian higher education institutions.

Despite its name, an academic arbitration court is not a commercial dispute body under the Civil Procedure Law. Instead, it is part of a university's self-governance structure, regulated by the Law on Higher Education Institutions. Its members are elected by secret ballot from among academic staff, administrative staff cannot serve on it, and at least one-fifth of its members must be student representatives. Its decisions are carried out by university administration.

What falls under its authority

The body reviews complaints from students and academic staff about restrictions on academic freedom, disputes between university officials, and challenges to administrative decisions. Typical cases involve expulsion, academic leave, admission to exams, or recognition of prior study results. It is important not to confuse this institution with a faculty appeal commission, which reviews the conduct of a specific exam, or with an administrative court, which reviews the legality of the arbitration court's own decision.

While universities have autonomy to set assessment criteria, this does not grant immunity from review — the arbitration court can examine whether requirements were clear and equally applied, whether the student was heard, and whether the decision contains obvious errors or arbitrariness.

Experience at Riga Stradiņš University

Practice at the Riga Stradiņš University Academic Arbitration Court shows that decisions have both been upheld and overturned. Upon finding procedural shortcomings, the body has annulled expulsions, granted additional deadlines, or ordered a repeat exam before a different commission — but it has never changed a grade itself. At the same time, practice shows that not every study-related dispute, such as private-law claims for refunds, falls within its competence.

The analysis stresses that an effective appeal must be specific — identifying the contested decision, the violated requirement, and the desired remedy. The law allows universities to decide for themselves whether to establish such a body, but its core task is to ensure that university decisions are legally sound and justified.