4.7 At the meeting, held on 6 September 1993, the Director informed the author that
he had until the end of October 1993 to sit the remaining examinations. The author
again said nothing about having suffered from discrimination. By 16 September
1993 a draft timetable had been prepared and the author was invited to discuss it.
However, he refused to do so. He was subsequently formally invited to sit the
examinations. In response he called in sick and did not turn up on the examination
dates.
4.8 On 24 September 1993, there was a meeting of the NPA medico-social team
where it was noted that the author's teachers considered him perfectly capable of
achieving good results, but that there were doubts about the reasons he had given
for his absence. No reference was made to his colour or ethnic background.
4.9 In December 1993, the Examining Board decided to propose to the Director of
the NPA that the author's enrolment be terminated as of 1 March 1994. The Director
gave the author notice of his dismissal on 26 January 1994, to which the author's
representative replied by letters of 18 February 1994 and 24 March 1994. Despite
the representative's request that the author be given another chance, he was
released from service as of 1 October 1994.
4.10 The author lodged an objection to his dismissal on 5 August 1994. He alleged
that his poor grades and frequent absence were merely a consequence of the way he
had been treated by the teaching staff at the NPA. He also maintained that the
Minister had wrongly overlooked the above-mentioned recommendation 4 of the
Boekraad Committee in his case. At the hearing, held on 26 September 1994 as part
of the objection procedure, the author presented examples intended to demonstrate
the bias he had encountered from teachers:
The fact that the pass mark for "training sessions" was not allowed to count
for the following year;
The inclusion of the results achieved at the afternoon session in the grade for
Statistics, in spite of an alleged agreement to the contrary;
The fact that the second opinion on the author's Psychology examination
given by a member of staff of the Free University of Amsterdam was ignored;
The fact that other students were allegedly later given pass marks after
discussion of their case, whereas the author was not;
The fact that Law graduates had actually failed the Statistics examination, but
were nevertheless allegedly given pass marks.
However, these examples had nothing to do with discrimination.