According to the court’s ruling, red flags were already evident during the pre-master’s programme in March 2019. The student was asked to take notes during a work group and was criticised by his instructor and fellow students for his attitude.
He then ‘approached a fellow student in a threatening manner’ and received a warning. Despite this, the programme continued to give him opportunities, allowing him to complete the pre-master’s.
However, problems resurfaced. In September, the student started his master’s specialising in Orthopedagogy. During his clinical internship, he received criticism from his supervisor, after which he ‘acted angrily and intimidatingly’. His internship was terminated.
Warning
The examination committee anticipated further issues and warned in October 2020 that they held the ‘iudicium abeundi’ – the right to expel unsuitable students in extreme cases. The student was advised to undertake a ‘self-improvement programme’ and seek help for his ‘aggression regulation problems and inappropriate behaviour’.
The student seemingly experienced delays in his studies, possibly due to the COVID-19 pandemic, and only began a new internship in 2022. This was ‘prematurely and immediately’ terminated in April 2023 following another incident with his internship supervisor. The court’s ruling does not specify the exact details, but it mentions he allegedly told her she was not allowed to call the police if he got angry and spoke of a future together.
Unsuitable
The examination committee concluded that the situation was untenable. Both internship institutions deemed him unsuitable as an intern special education teacher. In June 2023, the examination committee advised the Executive Board to expel the student, which occurred in October.
The student protested, arguing he had not received an official warning. However, the court dismissed this, stating that he had indeed been warned, and, regardless, a warning is ‘not a legal requirement for expulsion’.
What matters are the behaviours and statements that are unacceptable in the context of the profession or practical training, explained the judge. The issue is not that an incident occurred, but that there appears to be no prospect of improvement. The student chose ‘not to seek treatment for his behavioural issues’, summarised the judge.
Rare Occurrence
It is rare for a student to be expelled for such reasons. The Rotterdam university also intended to expel a medical student who went on a rampage and murdered three people at the end of September 2023: his neighbour, her daughter, and a lecturer from his programme.
Educational institutions had previously complained about a lack of options to expel students, but according to former minister Robbert Dijkgraaf, the law provides ample scope if decisions are well substantiated.
The law had already been expanded since 2010. Then-Education Minister Ronald Plasterk made these changes after an openly paedophilic man sought to study Orthopedagogy. Several universities refused him admission. Plasterk wanted to ensure educational institutions would be robust enough in such exceptional cases.
