Facts
The complainant studied at the Medical Faculty of the University of Basel in the Bachelor's degree program in Medicine. On June 13, 2019, she failed an examination for the third time. The examination results were published 21 days after the examination. Prior to this announcement, the complainant had neither claimed exam incapacity nor requested annulment of the examination.
The Medical Faculty of the University of Basel excluded the complainant from studying medicine with a ruling of July 11, 2019. The appeal filed by the complainant against this ruling was rejected by the Appeals Commission of the University of Basel with a decision of February 11, 2020. The complainant appealed to the Appellate Court of the Canton of Basel-Stadt as an administrative court and requested a re-evaluation of the matter and the granting of another examination attempt.
The Appellate Court rejected the appeal with a judgment of May 7, 2020. The complainant filed a complaint in public law matters with the FSCR on June 15, 2020, and requested the annulment of the judgment of May 7, 2020.
Considerations
The FSCR examined the admissibility of the complaint and came to the conclusion that the complaint in public law matters is admissible, as there is no ground for exclusion. The complainant is entitled to appeal, as she is particularly affected in her protected interests by the contested judgment.
The FSCR applied the law ex officio and examined the allegations made. It found that the lower court had rightly excluded the complainant from studying medicine at the University of Basel, as she had accepted the risk of not passing the examination due to a dissociative reaction, although she had known about the danger of…