Uitspraak
RECHTBANK AMSTERDAM
beschikking van de kantonrechter
de besloten vennootschap ONCAMPUS AMSTERDAM B.V.,
[verweerder] ,
VERLOOP VAN DE PROCEDURE
Feiten
Later he wanna finish the class and said: If you guys keep doing this, don’t listen to others in English, don’t communicate with others in English, use Chinese interface social software, go home, go back to China, there are many excellent universities there, you can also get a good education, there is no need to come to the Netherlands.”
I am writing to confirm to you that the organisation has decided to commence an investigation into allegations of inappropriate behaviour, relating to your conduct in the workplace. The alleged misconduct is in relation to recent academic investigation into a student complaint, where comments and remarks alleged to have been made by you and were alleged to have been inappropriate and offensive”
Hi [verweerder] ,
Following our recent investigation and the discussions regarding your professional conduct within the workplace, I am writing to confirm that I have decided to informally issue you with a letter of concern following an incident which was reported as a formal student complaint on the 12th October 2021. Please note that this is not a disciplinary warning, but a record of this will be stored on your employee file.
Hi [naam 6] ,
My understanding is this recording has not been watched as this is the first time its existence has been raised. (..)”
After 6 months of investigating a lesson from October 8th last year, you gave failed to establish what records were made? This is really not a great admission to have to make, is it [naam 6] ?
Dear [naam 4] & [naam 6]
I am critically aware that you are currently off work unwell, though have sent a number of emails to which you have intimated a desire for a reply.
In order to clarify the position on the specific points you have raised;
The investigation into the student complaint has concluded and you have received the outcome;
Our process has been exhausted and there are no further stages;
There is no intention to retract the Letter of Concern nor compel Dr [naam 7] to apologise;
Additionally, we do not believe there is a need for any report to the ICO in respect of this matter, nor to contact the students involved;
I have reviewed the partial recording of the 8 October 2021 IELTS class as directed by you and find no evidence to over-turn the outcome of the investigation and, from what is available to view, your behaviour in the video does not reach the standards we would expect of an ONCAMPUS colleague and we will consider if we will come back to you on this subject later; and
Further, your failure to divulge the existence of this recording is clear evidence you did not engage fully with any of the investigations, as is sensibly required.
Verzoek
Verweer
Beoordeling
€ 7.724,00 bruto zal worden toegewezen.
The findings of the investigation were that, on the balance of probabilities, the alleged comments do appear to have been made”. Van een beschuldiging zonder enige vorm van bewijs kan, gelet op de klacht en de verklaring van de andere student, in ieder geval niet gesproken worden.