What did you encounter in your first three months as chairman?
‘I have been chairman since November 1st and I observe that a lot of things are going well. Topics like safety and undesirable behaviour are in the spotlight and that is accompanied by a lot of regulations. That is not specific to this university. Everyone has made the leap towards creating a 'safe environment'. In principle, that's good, because that's what you want to offer as a university, but you have to guard against overkill that makes you lose transparency and visibility. If someone has a complaint, you want them to be able to find their way easily. Many separate counters do not make that better. The intention at this university is undoubtedly good, but I feel like this is the time to take a fine-tooth comb through it. To what extent is there overlap and how do you solve it? I realise that adjusting the support structure is beyond my authority: I am nothing more than the chairman of the complaints committee, but discussion on the matter is good and, as far as I am concerned, necessary.’
Speaking of authority: What exactly is your role within the support structure of the UT?
‘The complaints committee is the formal capstone. We only come into the picture if a complaint is not resolved in the preliminary stage and mediation does not offer a solution. We investigate and assess, after which we provide a formal advice to the board. Not everyone wants to file a formal complaint, which is understandable. Something like that does not foster a working relationship, but under some circumstances there is no other option.’
'Imagine being accused of undesirable behaviour. That may be justified, but if that is not the case, you are immediately down five-nil and it is very difficult to get rid of that'
‘These days, there is a lot of focus on unacceptable behaviour. That is good, but it is no less important to also deal carefully with the accused in such a case. Here, by the way, they call a defendant the accused, but that reminds me too much of the inquisition. Imagine being accused of undesirable behaviour. That may be justified, but if that is not the case, you are immediately down five-nil and it is very difficult to get rid of that. You see it in the media, politics and case law: things still go wrong too often, with investigation committees not working properly, for instance. The university is in the right for wanting to prevent that.’
Does unacceptable behaviour play a role in the complaints?
‘I find it difficult to judge that as of now, but I found two such complaints in the last annual report. Both were declared unfounded, by the way. It is justified that there is more attention for unacceptable behaviour, but we must be careful not to overshoot the mark. You see more fear and people reigning themselves in within normal working relationships. People are becoming very cautious. Finding the right balance in that is difficult.’
Resolving disputes is in my DNA, as is the need to uncover the truth. I hope to do that full of enthusiasm for the next four years’
You have a long-standing record at the Ministry of Justice, have been an arbitrator and judge and live in The Hague. What brings you to the complaints committee at a university in Twente?
‘I have been interested in a position on a complaints committee for some time now. The distance isn’t an issue, as I don't have to be here often and the train journey is pleasant. Besides, I like coming to this region. The position may seem like a completely different world from my previous positions, but nothing could be further from the truth. Filing a claim in court is basically also a complaint. Resolving disputes is in my DNA, as is the need to uncover the truth. I hope to do that full of enthusiasm for the next four years, especially in this dynamic environment with many young and interesting people.’
Have you dealt with any complaints in those three months?
'No. In the last academic year, twelve complaints came through, some of which were withdrawn. Given the total number of people working and studying here, that's not much. That could mean that the university is doing an excellent job, but it could also be that people do not know how to find their way around. What could also be the case is that many complaints are already resolved in a preliminary process. If that is done carefully, that is fine. What you don't want is complaints not getting through while they should.’
‘Personally, I think the required careful assessment of complaints related to (sexually) unacceptable behaviour is only properly guaranteed by the complaints commission. We are able to properly secure the process legally, even though we are not a court. We call for witnesses, consult experts and conduct pure adversarial proceedings. This is of great importance. Everyone here does their utmost to handle reports and complaints properly, but – especially in cases of alleged unacceptable behaviour – it is of the utmost importance that this handling is covered with sufficient safeguards. The fact that the number of complaints is low, incidentally, may also have to do with culture. In general, students from Asian backgrounds are less likely to complain. And don't underestimate the influence of hierarchical working relationships. Accusing your supervisor as a PhD? That takes a lot of guts.’
‘The behaviour must take place within the context and responsibility of the university. If you're drunkenly fighting over a bar on Saturday night, I don't need to know about it. Rather not, actually’
If someone reports to the complaints committee with a complaint, what happens?
‘The complaint is first reviewed and assessed by the secretary of the complaints committee. Then the complaint goes to me as soon as possible and together we make a plan of action. With that, we start the procedure. Hearing is then mandatory. This does not have to take place in each other's presence, although that is preferred. Witnesses and experts may be called. Then the complaints committee reaches a verdict, which gets send to the Executive Board in the form of a recommendation. The Executive Board then makes the final decision, which is almost always conforms to our advice. If that is not the case, the Executive Board must notify the complainant and the defendant. If we find during a hearing that mediation is an option, we aim for that. A solution that satisfies both parties is always best.'
Can a UT member approach the committee with all their complaints?
‘It has to regard concrete behaviour. That is restricted in a well-defined manner. We don't deal with complaints that have to do with the conducted policies. The UT has a separate disputes committee for that, as it does for whistleblowers and scientific integrity. Moreover, the behaviour must take place within the context and responsibility of the university. If you're drunkenly fighting over a bar on Saturday night, I don't need to know about it. Rather not, actually.’
As a chairman, what do you deem most important when handling a complaint?
‘A careful yet swift process. Nothing is as frustrating as having to wait months for a verdict. And that applies to the complainant as well as the defendant. It is the task of the complaints committee to carefully arrive at a sound verdict as quickly as possible.’
