Terms bachelor’s and master’s not adequately protected

NCOI University of Applied Sciences and twelve other private institutions have prevailed in a legal case concerning the use of terms such as bachelor’s and master’s. The Inspectorate of Education had imposed fines for misleading practices, but the Council of State did not uphold them on appeal.

In the Netherlands, degrees such as bachelor’s and master’s are protected, but according to the court, the law is not sufficiently clear about the names of programs. If you make it clear that no official master’s degree is attached to a program, the court says you may put an “executive master,” “professional master,” or another made-up term on a diploma.

Fines

For years, the Inspectorate of Education has sought to prevent prospective students and employers from being misled through warnings and fines: education providers were not simply allowed to award master’s or bachelor’s diplomas, according to the Inspectorate’s position.

The court has now struck down that policy. As long as you do not imitate a recognized program (such as a bachelor’s in nursing) and do not claim government recognition, you are not awarding a protected degree, according to the ruling.

Amendment to the law

The government will reimburse the fines that were imposed, Minister of Education Rianne Letschert says. But what will the consequences be? 

“I take the ruling extremely seriously,” she says in a written response. “The law is intended to protect the standing of higher education and to prevent students and employers from being misled. This remains, and will continue to be, important.”

She will also consult with the Inspectorate to consider “whether the standards in the law need to be clarified.” In other words, she is considering an amendment to the law.

Crossed the line

In the Netherlands, you may only award an official degree (such as a bachelor’s or master’s degree) if the program has been approved by the NVAO, the organization responsible for quality assurance in higher education. 

The Inspectorate of Education concluded from this that a program may not call itself a bachelor’s or master’s program if it has not been accredited by the NVAO. This is why the Inspectorate imposed fines on programs that, in its view, crossed the line.

“We will carefully study the ruling of the Council of State and assess what it means for our work,” the Inspectorate says in a response. It will discuss tightening the law with the minister, “so that we can continue to effectively carry out our supervisory duties.”

No degree

For now, private education provider NCOI appears to be the only party pleased with the court’s ruling. A press release states: “The diplomas issued were correct and did not give the impression that a degree had been awarded.”

“Diplomas from an accredited master’s program at NCOI explicitly state that a master’s degree has been earned. That was not stated on the diplomas involved in this case.” However, the word “master” did appear in the names of the programs and on the diplomas.

This article was translated using AI-assisted tools and reviewed by an editor.