The 31-year-old student was previously on the same course in Amsterdam-West, but was sent away there in February of this year after a conflict with a former student who ended in an incident violence. The ROC van Amsterdam therefore did not think it was a good idea to put him in the classroom again in Hilversum, certainly not because that class mainly consists of students from 16 to 20 years old.
Instead, the school offered him a different route: an accelerated variant of the training in which students largely work independently. The student refused that offer because he needs guidance due to his autism and concentration problems.
Council of State agrees with the student
The Council of State agrees with the student and wipes the school’s decision off the table. According to the judge, everyone who meets the requirements has the right to follow an MBO course. The school may only refuse anyone in very special cases. In this case, according to the judge, there were no good reasons to exclude the man.
The judge pointed out that he has been in a class with younger students for a year for a year without problems. The violent incident was also no reason to refuse him, because that conflict took place outside the school.
The Hilversum school must now allow the student next school year.