Anti-cheating software was not biased against VU student's skin color: Ruling

A student from the Vrije Universiteit (VU) in Amsterdam was not discriminated against by the anti-cheating software used by the university during exams due to her skin color. The student filed a complaint alleging that the program Proctorio had difficulty detecting her due to her dark skin tone. However, the Netherlands Institute for Human Rights rejected her claim in a non-binding ruling on Tuesday.

During the Covid-19 crisis, exams at the VU were often taken online. To prevent fraud, students had to install anti-cheating software on their computers. Before they were given access to the exam questions, they had to go through several checks, including one which used a webcam. Part of the software's role was to recognize the candidate's face

The student in question, Robin Pocornie, filed a complaint alleging that the software used to proctor an exam did not initially recognize her because of her skin color when she attempted to log in and complete the exam. It was only after she directed an additional light onto her face that Proctorio's surveillance software finally recognized her.

According to the non-binding verdict from the institute, the VU demonstrated that Pocornie did not experience more login issues than other students. On the occasions when she did encounter login problems, the institute attributed these to her unstable internet connection or the fact that she was wearing glasses.

The institute did criticize the manner in which the VU handled the student's complaint. The university's student ombudsman did not want to address her complaint. In such a scenario, they should have directed her to the appropriate authority. As a result, Pocornie "had to go to great lengths, and raise her complaint with multiple agencies" before the VU looked into her discrimination claim.

The institute’s decision deals only with Pocornie's case. This does not imply that anti-cheating software is inherently non-discriminatory. According to the institute, "it is entirely possible that the use of Proctorio or similar AI software could indeed lead to discrimination in a different situation."