Expelled member loses summary proceedings against DSC

The pseudonymised court report (in Dutch) shows that the fourth year student was at the DSC society on the night of 24 to 25 September 2024 when two Committee members and a Senate (the management) member saw symptoms of drug use in him. In accordance with DSC’s drugs protocol, they decided to test the student for drug use. This showed a positive test for cocaine. The student was thus in breach of the student association’s zero tolerance policy for drugs.

Third suspension

In the student association’s penalty system, this would normally lead to a 30 week suspension. In this case though, the circumstances led to a higher penalty. As he was still in his trial period after two previous suspensions (on 25 January for four weeks and on 19 April for eight weeks, both because of violent incidents and both with a trial period of 52 weeks), this new violation counted as a repeat violation. This means that under DSC’s rules, the suspension period is doubled, in this case from 30 to 60 weeks.

It goes further than this though as DSC’s regulations also state that someone who is suspended for 52 weeks or more in total, will be expelled. Given his two previous suspensions, this student’s new violation of the rules has led to 72 weeks suspension in total, which automatically leads to expulsion.

Cut off from his social life

The student appealed against DSC’s decision. After this was rejected in its internal regulatory system, the student went to court. As a court case can take a long time, he started an urgent procedure (so-called ‘summary proceedings’). The aim was to have the expulsion reversed for at least the duration of the court case.

The student stated that the drugs test was not reliable

In his urgent procedure, the student stated that as a fourth year student, the expulsion cuts him off from an important part of his social life. Further, that DSC had made mistakes in the procedure that led to his expulsion. And that the rule that a long suspension automatically leads to expulsion was not communicated clearly. Finally, he stated that the drugs test was not reliable.

As shown in a report published on Monday, he was not able to convince the judge with these arguments. The judge saw no reason to reverse the suspension in the procedures undertaken and in the communications of the rules. The judge also deemed an inaccurate test result unlikely. Not only had DSC tested the same urine sample the next day to be absolutely certain, but the student himself had stated that he had used cocaine in the weekend before the test, on 21 and 22 September 2024. The judge deemed that the fact that this led to a positive test days later and thus to a violation of the zero tolerance policy does not mean that the policy constitutes ‘an inadmissible restriction on the private lives of DSC members’.

So the expulsion currently stands. At least until the verdict in the actual court case which the proceedings judge thinks ‘has little chance of success’ given the current judgement.