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Ruling Netherlands Institute for Human Rights

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17 October 2023

On Tuesday, October 17, 2023, the Netherlands Institute for Human Rights issued its ruling in the case looking at whether a student was discriminated against during the COVID-19 pandemic by the algorithm of Proctorio, the online testing supervision programme. The Board indicates that no discrimination occurred in this individual case. The Board does rule that VU Amsterdam did not handle the student's complaint with sufficient care.

As an inclusive university where equal treatment for all students is a fundamental starting point, we deeply regret that the student felt unheard in her experience. For this, we offer our apologies. We will review our internal complaint handling procedures to ensure that every complaint is handled carefully and promptly.

With today's knowledge, we will reevaluate whether, and if so, how remote testing can be responsibly implemented. The accessibility of education for students who cannot physically come to the campus and the prevention of potential negative effects are important considerations in this decision.

As a university, we are committed to working in education and research to contribute to a more peaceful and just future for everyone, where knowledge, understanding, and collaboration play a vital role. It is important to critically examine ourselves and identify areas for improvement. We hope that this case will raise awareness about the potential discriminatory effects of algorithms in software.

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