{"id":103850,"date":"2019-10-02T16:38:25","date_gmt":"2019-10-02T14:38:25","guid":{"rendered":"https:\/\/www.erasmusmagazine.nl\/en\/?p=103850"},"modified":"2025-12-19T11:24:29","modified_gmt":"2025-12-19T10:24:29","slug":"executive-board-violated-the-councils-rights-when-it-investigated-eshcc-staffs-e-mails","status":"publish","type":"post","link":"https:\/\/www.erasmusmagazine.nl\/en\/2019\/10\/02\/executive-board-violated-the-councils-rights-when-it-investigated-eshcc-staffs-e-mails\/","title":{"rendered":"\u2018Executive Board violated the Council\u2019s rights when it investigated ESHCC staff\u2019s e-mails\u2019"},"content":{"rendered":"

The University Council believes that the Executive Board\u2019s failure to ask the Council\u2019s prior advice for the investigation of the ESHCC employees\u2019 e-mails constitutes a violation of the Council\u2019s rights.<\/p>\n

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\n\t\n\n<\/svg>\n<\/span>\n\tImage by:<\/span>\n\n\t\t\t\n\t\t\t\t\t\t\tElmer Smaling<\/a>\t\t\t\t\t<\/span>\n\t<\/p>\n<\/figcaption><\/figure>

The university\u2019s Executive Board suspects that one or more employees of the Faculty of History, Culture and Communication sent NRC<\/em> journalist Frank van Kolfschooten information on alleged plagiarism<\/a> by then ESHCC Dean Dymph van den Boom. For this reason, the Board decided to have the Hoffmann Bedrijfsrecherche forensic science agency scan staff e-mails<\/a>. Sources have told EM<\/em> that at least five, but possibly up to twenty members of staff have been investigated. The University Council feels that it should have been notified of the investigations beforehand.<\/p>\n

The Higher Education and Research Act (WHW) stipulates that the Executive Board must apply for the University Council\u2019s advice if certain decisions are likely to affect \u2018the proper way in which things are done\u2019 at the university (Article 9.33a of the WHW). The chair of the University Council, Hans van den Berg, believes that the university\u2019s Executive Board could have predicted that the investigation by Hoffmann Bedrijfsrecherche would greatly affect \u2018the proper way in which things are done\u2019. \u201cThere was great unrest at the faculty<\/a> already, due to the merger plans<\/a> and the plagiarism affair<\/a>. Furthermore, a similar e-mail investigation conducted in Maastricht had resulted in a lot of drama.\u201d In that particular case, the Maastricht municipal<\/a> government was ordered to pay compensation to the employees who had been the subject of the investigation.<\/p>\n

\u201cIn addition, online privacy is such a sensitive subject at the moment. That in itself should have been a reason to discuss it with the Council. For instance, they normally ask for our permission before installing cameras, which frankly constitutes less of a violation of people\u2019s privacy than an investigation of their e-mails,\u201d says Van den Berg.<\/p>\n

Arbitration Board<\/h2>

And so the University Council believes that the Board should have requested its formal advice for the investigation. If the Council had issued a negative opinion on the request, the Executive Board should at least have formally noted that the investigation was not sanctioned by the Council. \u201cWhich then would have allowed us to take the case to the Arbitration Board, perhaps.\u201d<\/p>\n

The Council is concerned that the e-mail investigation will have a significant impact on the university. Among other things, the employees will feel less safe, the employees who have been investigated may sue the university, and the university\u2019s reputation may suffer some damage. Furthermore, ESHCC\u2019s employees will have \u2018wasted a lot of time\u2019 because of this case.<\/p>\n

Zero tolerance<\/h2>

On Tuesday afternoon, the Executive Board answered the University Council\u2019s questions regarding the investigation. \u201cWe wish to demonstrate that we don\u2019t tolerate this type of behaviour (the alleged leak \u2013 ed.),\u201d said Roelien Ritsema van Eck, one of the three members of the Executive Board. \u201cEmployees must be able to do their work safely in the knowledge that procedures are in place to protect them. In this case, those procedures were not followed, which was wrong. We think it\u2019s not OK for people to talk to the media when they disagree with something.\u201d She believes the Board\u2019s legal position is strong. \u201cNaturally, we asked for a lot of input from others, and we think we have observed the law and all the relevant privacy legislation. It goes without saying that we tread very carefully where our employees\u2019 privacy is concerned.\u201d<\/p>\n\n\t

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