Regulations for Student Disciplinary Code

 

Eastern Mediterranean University By-Law for Education, Examinations and Success

(Regulation under Article 30)

 

 

With the approval of the Senate, the Rector’s Office has made this Regulation in accordance with Article 30 of the By-law for Education, Examinations and Success.

 

 

 

Chapter I. General Provisions

Brief Title

S99/175-12

S01/191-5

S07/278-3

S12/342-19

1.

This regulation is titled as the ‘Eastern Mediterranean University Student Disciplinary Code’

Aim

2.

This regulation has the aim of  defining the penalties to be imposed for students who have failed to fulfill duties assigned to them by rules, regulations and directives or who have taken part in prohibited activities, both within and outside Eastern Mediterranean University. This regulation also specifies disciplinary investigations, disciplinary penalties, bodies imposing disciplinary penalties, procedures to be followed in imposing disciplinary penalties and in making appeals against them.

Scope

3.

This regulation covers students who study at Eastern Mediterranean University.

Definitions

4.

Unless otherwise indicated, the terms “Department, Department Chair, Dean, Institute, Faculty, Preparatory School, Director of the Preparatory School, Rector, Rectorate, Senate, University (EMU), Board of Trustees (Board), Statute, School, School Director” have the same meaning as those given in the Statute establishing Eastern Mediterranean University.

 

The “Disciplinary Committee” is the committee elected by EMU Senate and is responsible for disciplinary matters of students.

 

“Student” refers to a person registered at Eastern Mediterranean University.

 

 

Chapter II. Disciplinary Offences and Penalties

Disciplinary Penalties and Definitions

5.

Disciplinary penalties are as follows:

 

a) Warning: This notifies the concerned student in writing that the  behavior in question is wrong and that the student must be more careful in his/her behavior.

 

b) Reprimand: A reprimand is a written statement telling the student that she/he is not fullfilling his/her student responsibilities or the behaviour in question is wrong .

 

c) Short term suspension from the University: Students who receive short term suspension from the University are informed in writing that they are banned from attending lectures, examinations, laboratories, and workshops and using the library from 1 to 15 days.  It is recorded in the student file and issued together with any official documents related with the concerned student. Students given this penalty are also banned from the University buildings (excluding dormitories), extensions and facilities during the period of punishment.

 

d) Medium-Term Suspension from the University: Students who receive medium term suspension from the University are informed in writing that they are banned from attending lectures, examinations, laboratories and workshops and using the library for a period between 16 days and 30 days. The penalty is recorded in the student’s file and issued together with any official documents related with the concerned student. Students given this penalty are also banned from the University buildings (excluding dormitories),  extensions and facilities during the period of punishment.

 

e) Long-Term Suspension from the University: Students who receive long-term suspension from the University are informed in writing that they are banned from attending lectures, examinations, laboratories and workshops as well as using the library and participating in cultural or sports events for a period between 31 days and one semester. The penalty is recorded in the student’s file and issued together with any official documents related with the concerned student. Students given this penalty are also banned from the University buildings (excluding dormitories),  extensions and facilities during the period of punishment.

 

 

f) Dismissal from the University: This penalty which terminates all relationship between the student and the educational institution is a permanent expulsion from the University. This penalty is recorded in the student’s file and issued together with any official documents related with the concerned student. A student who has been issued such penalty cannot, under any circumstances, be accepted back to the University as a student.

 

Disciplinary Offences

 

6.

The following are the actions and behavior forming the basis for the disciplinary penalties specified in Article 5 of this regulation.  

 

(a)

Warning:

A warning may be issued as a result of one of the following: 

(i) Without informing or receiving official permission from the University, taking part in any public meeting or other events and giving the impression of officially representing the University.

(ii) Damaging, defacing, tearing, amending or changing in any way the written notices, programs or other documents issued by the University.

(iii) Posting notices on the University campus without receiving official permission.

 (iv) Damaging the university’s informatics system and/or using it for any other purpose than specified;

(v.) Refusing to provide information or giving false information to the Disciplinary Committee when asked to do so;

(vi.) Attempting to hide from authorities a witnessed event or action that is prohibited and that requires disciplinary proceedings to be taken;

(vii.) Ignoring the warnings of the University traffic officers on the campus, or violating any other traffic rules of the University;

(viii.) Using derogatory, rude language or swearing to fellow students.

 

(b)

Reprimand:

A reprimand may be issued as a result of the following offences:

 

(i) Failing to provide information demanded by the University authorities, or giving them insufficient or false information;

(ii) Without the prior written consent of the Rectorate, organising or contributing to the organisation of an event, meeting, conference, show or an open discussion, etc., that is taking place either within or outside the University and giving the impression to the public or press that the event has been organized by the University.

(iii) Personally participating in or encouraging other students to take part in illegal events that are organized by student-related associations, unions etc., in and outside the University.

(iv.) Disturbing others by using rude remarks, written and/or oral and/or via social media, making jokes with sexual content, gossiping about a person’s sex life and/or demonstrating any other similar behavior,

(v.) Attempting to flirt with someone with behavior reaching disturbing extremes. 

(vi.) Committing plagiarism in homework; failing to show the source.

 (vii.) Disturbing a person or a group of people by using defamatory remarks, written and/or oral and/or via social media, that cause polarization due to differences of language, race, religion and religious sect.

 

 

(c)

Short term Suspension from the University:

 

A short term suspension may be imposed for one of the following:

 

(i) Taking alcohol on the campus or causing disturbance on the campus in an intoxicated condition.

(ii) Apart from scientific and academic discussions, within the University, personally or as part of a group, engaging in propaganda or actions favoring political views or parties.

(iii) Within or outside the University, personally showing, encouraging or participating in actions showing disrespect or contempt for the President or any other member of the Board of Trustees, or for any employees of the University or their family members or their guests by speaking, writing or behavior; intentionally causing damage to the aforementioned people’s movable or immovable property/ies.

(iv) Within or outside the University, behaving in a manner disruptive to the peaceful working of the University officials.

(v) Within or outside the University, attempting to impose intentional physical assault to other students or University staff or any other person.

(vi) Intentionally attempting to damage movable/immovable property of a fellow student.

 (vii) Attempting to cheat or to help others cheat in any examination.

(viii) Using the Internet network communication’s band width and storage areas for other purposes than education.

(ix) During the representation of the University in activities taking place outside the University, engaging in behavior that would affect the healthy operation of the activity.

(x) Insistently repeating the behavior specified in Article 6/ b/v and 6/b/vi.

(xi) Repeating the behavior and/or offense specified in Article 6/b/vii and 6/b/viii

(xii) Attempting to damage any type of vehicle, equipment, and other similar movable property and/or material of the University as well as the buildings, yards, extensions, and facilities that belong to University.

 

(d)

Medium Term Suspension from the University:

This type of suspension may be imposed for one of the following offences:

 

(i) Causing recoverable damage to and/or using and/or allowing others to use the University buildings, tools, equipment, property or material for any purposes other than specified.

(ii) Selling alcoholic beverages within the University.

(iii) Entering the buildings to which access is denied by authorized bodies, or disobeying the issued penalty of being banned from entering University buildings. By any means, disrupting or attempting to disrupt lectures,

(iv) By using the University’s computer and/or informatics system, storing, sending and/or deliberately hiding or keeping materials containing content that violates personal rights and/or insulting language.

(v.) Intentionally attempting to engage in actions aiming to crack or obtain the passwords of the individual/s or institution who possess informatics or communication tool/s (e.g. sniffer, keyloggeri spyware, trojan and program software with similar aims).

(vi.) Engaging in actions aiming to intentionally obstruct the work of other users who possess informatics or communication tools.

(vii.) On the Internet network, attempting to locate, observe or change some or all packages related with the University. 

(viii.) Attempting to steal or to exhibit disgraceful and embarrassing behavior.

 

 

(e)

Long-Term Suspension from the University:

This type of suspension may be imposed for one of the following offences:

(i) cheating or helping others cheat in any examination or project.

(ii) engaging in activities that cause polarization due to differences of language, race, religion and religious sect.

(iii) By any means, disrupting lectures, forcing other students to leave a classroom during a lecture, leading or otherwise encouraging others to boycott a lecture or to invade and occupy any property of the University without permission; preventing an official meeting taking place within the University

(iv) Committing theft, or exhibiting disgraceful and embarrassing behavior.

(v) Without official permission, using University’s informatics and communication tools for commercial purposes such as sale or advertising.

(vi) Gambling or being present in a casino

(vii) Providing an environment for the others to gamble.

(viii) Within or outside the University, imposing intentional physical assault to other students or University staff or any other person.

(ix) Within or outside the University, personally threatening the President or any other member of the Board of Trustees, or any employees of the University or their family members or students by speaking, writing or behavior; intentionally causing damage to the aforementioned people’s movable or immovable property/ies.

(x) Both within and outside the university, having in possession or attempting to use a gun or any other devices specially made for offensive or defensive purposes.

(xi) Having someone else sit for the exam for oneself or sitting for an exam for the place of someone else.

(xii) Committing sexual harrasment by controlling the behavior of another person through threat, blackmail or any other promise.

(xiii) Violating someone else’s sexual privacy without his/her consent by touching, hugging or demonstrating similar sexual behavior.

(xiv) Causing unrecoverable and intentional damage to any type of vehicle, equipment, and other similar movable property and/or material of the University

(xv) Causing unrecoverable damage to the buildings, yards, extensions, and facilities of the University as a result of careless and imprudent behavior.

(xvi) Having someone else do homework, write a thesis or project for one’s place; or doing homework, writing a thesis or project for someone else.

(xvii) Committing plagiarism in seminar, thesis, project, internship report, publications and other similar academic products.

 

 

(f)

Dismissal from the University

 

Dismissal is issued for one of the following offences:

(i) Modifying the information on any official document issued by

    the University or using modified or falsified documents.

(ii) Forcing a person or a group by threats to organize an  

      illegitimate action or to take part in it; forcing the person or

      the group members to make false statements or give false

      evidence, or to take responsibility for such an illegitimate

      action.

(iii) Obstructing, by force or threat, any disciplinary investigation              carried out by the disciplinary committee; or preventing, by force or threat, the disciplinary committee from functioning. 

(iv) Committing rape or attempting to commit rape;

(v)  Inflicting torture on some individual or group for any reason     resulting in the loss of effective functioning of sensory or other organs, and/or permanent speech disorders and/or permanent scars/marks on face or body and/or life threatening injuries, physical and/or psychological suffering and other similar damages; or encouraging others to inflict torture with the aforesaid consequences on some individual or group for any reason; 

(vi) Acquiring examination questions before the examination date by physically entering the place where they are kept or via the numerical environment and/or encouraging others to engage in actions as such.

(vii) Taking or keeping in possession drugs or similar substances within or outside the University.

(viii) Encouraging the use of or dealing in drugs or similar substances within or outside the University.

(ix) Within or outside the University, assaulting any personnel of the University or any member of their family.

(x) Within the University, using a gun or any other devices specially made for offensive or defensive purposes

(xi) Using the informatic and communication tools in such a way that would constitute a crime according to TRNC laws or international agreements TRNC agreed to unilaterally or  in which TRNC is a party.

(xii) Without any official authorisation, viewing, modifying or damaging the files on the computers of the individuals or units operating under the University; deliberately spreading any type of computer virus.

(xiii) Cracking or obtaining the passwords of the individual/s or the institution who possess informatics or communication tool/s.

(xiv) Without any permission or authorisation, using the informatics tools with someone else’s username and password;

(xv) ) On the Internet network, locating, viewing or changing all packages related with Eastern Mediterranean University. 

(xvi) Without authorisation or permission, using the lecture notes or other course related materials of the academic staff members for personal and commercial benefits.

(xvii) Allowing someone else to use an official document issued by the university or any other official body for one’s place or using a document issued for someone else for personal benefits.

(xviii) Engaging in behavior specified in 6/e/xiii and 6/e/x/iv against minors under 18 years of age.

(xix) Causing unrecoverable and intentional damage to the buildings, yards, extensions, and facilities of the University.

 

 

 

III. Disciplinary Investigations

Authorised Investigation Officials

7.

Officials authorized to start investigations are as follows:

(a) In cases where the disciplinary offence has been committed by a group of students from multiple faculties and schools,  the Vice Rector responsible for ‘Security Affairs’

(b) In cases where the disciplinary offence has been committed by a postgraduate student, the Director of the Institute for Graduate Studies and Research,

(c) In cases where the disciplinary offence has been committed by a Faculty student, the Dean of the relevant faculty,

(d) In cases where the disciplinary offence has been committed by a student from one of the Schools, the Director of the relevant School.

 

Authorised officials conduct a disciplinary investigation by appointing an investigator or investigators.

Members of the Disciplinary Committee cannot be appointed as investigators.   

Investigation

Period

8.

A disciplinary investigation has to be launched and an investigator/investigators has/have to be appointed within the first 10 (ten) working days after the offence has been reported. The investigation must be finalised within a maximum of 15 days from the official appointment of the investigator/s.

If the investigation has not been concluded within the given time limit, the investigator may demand in writing an extension of an additional period of 15 days stating his/her reasons for it.    

Conduct of the

Investigation

9.

The investigator hears the witnesses, collects facts and consults experts; s/he is also entitled to do so by proxy, where necessary. A record of the proceedings must be kept at each stage and it should include the following information: the time, place and nature of the investigation, the identity of those present, and the questions put and answers given if an affidavit has been made.  The record is then signed by the investigator, the secretary and the party who made the affidavit or those that were present during the fact-finding process, and those that provided certain documents. In the instructions for investigation by proxy, the witness’ identity and address, and other informative details are clearly stated. The witness is put under an oath in the required manner.

 

The personnel of the University are obliged to provide promptly all the information, records, documents, and assistance that the investigator may require.

 

In the event of students changing places within the higher education institution, changing the institution or leaving the higher education institution, regardless of the reason, the process of launching

the investigation, its conduct and taking the necessary decisions is not impeded.

The Right to Defense

10.

(a) The student who is the subject of a disciplinary investigation is informed in writing, of the offence imputed to him at least three days prior to the date on which he is required to present his defence. In the letter sent to him/her, the student is instructed to appear to conduct his/her defence at the time, date and place specified.  When such notification is impossible, notices are put up in the relevant Institute, Faculty or School to inform the student that s/he should contact the investigator to present his/her defence. In cases as such, the notification is also sent to the relevant student’s portal account or the student is informed via telephone.

(b) If the student has not received the invitation for defense, s/he will be deemed to have waived his/her right to a defense

(c) In the notification sent to the student, it is made clear that if s/he ignores the notification without a valid excuse, or fails to inform the authorities of his/her excuse in time, s/he will lose the right to defend her/himself and a decision will be made about him/her based on other evidence.

(d) If the student provides a valid excuse for his/her failure to appear, or proves that s/he was prevented from appearing by conditions beyond his/her control, s/he is allowed a reasonable period in which s/he is required to send his/her defence in writing. Students who are under arrest are informed that they can send their defence in writing.

(e) The conduct of the investigation should allow the student to use his/her right to defend fully.  However, this right will not be abused by the student by making it a false reason to delay the conclusion of the investigation.

Investigation

Report

11.

A report is prepared at the end of the investigation by the investigator.The report includes the approval for the investigation, starting date of the investigation, the identity of the student/s who is/are the subject of the investigation, the nature of the committed offences, stages of the investigation, evidence and student’s/students’ defence. In the report, each item of offence is individually considered, the evidence obtained is carefully assessed to determine whether or not the offence was actually committed and appropriate penalty is proposed. The originals and copies of existing documents are enclosed with the report and are submitted to the authorized official in a file.

Possible

Measures to

Be Taken

During

Investigation

12.

If s/he finds it necessary, the investigator may ask the Vice Rector under whom the Security Affairs operate to ban the suspect from entering the University premises.

Conclusion of

the Disciplinary

Investigation

13.

(a) The investigation is finalised following the submission of the investigation report and file to the authorised official launching the investigation.

(b) The authorised official by whom the investigation has been launched takes the relevant action within the framework of Article 14, within 3 (three) working days following the submission of the investigation file and the report. 

(c) Having examined the file, the authorised official launching the investigation may ask the investigator to correct any defects which are found in the process of the investigation.

Officials and

Boards

Authorized to

Impose

Disciplinary

Penalties

14.

The relevant vice rector,  dean of the faculty or the director of an institute or school is authorized to issue a warning or a reprimand. Short, medium or long term suspension or permanent suspension from the University penalties are  imposed by the Disciplinary Committee.

 

 

IV. Formation, Duties and Authority of the Disciplinary Committee

 

Formation

of the

Disciplinary

Committee

15.

a) EMU Disciplinary Committee consists of a member and a stand-by member from each Faculty, School and Institute, Foreign Languages and English Preparatory School as well as a student member and stand-by student member elected by the University Student Council .

 

b) Institute Director, Faculty Deans and Directors of Schools and English Preparatory School propose in writing academic members (in Institute academic staff members teaching in postgraduate programs) from their unit to the Senate, and from the proposed names, the Senate elects the members of the Disciplinary Committee.

 

c) Academic Staff members of the Disciplinary Committee are elected for a period of two years and student members serve for  a period of one year. Members whose period of service finishes may be re-elected.

 

d) The proposed members must not have any disciplinary record in their files.  If the member is found guilty of committing any disciplinary offenses, s/he loses his/her membership. The replacement member is elected through the same method. If the member is a suspect or accused in any disciplinary investigation, s/he cannot attend the EMU Disciplinary Committee meetings.      

 

e) At the Student Disciplinary Committee, the duty of chairmanship is undertaken by the representative of a different faculty/school/English Preparatory School each year.  The unit representative undertaking the duty of the chairmanship is expected to be an academic administrator who has reduction in course load (e.g. dean/assistant director, department chair/assistant director). The unit secretary of the academic staff member who has undertaken the duty of the chairmanship in the committee undertakes the responsibility of all written and official correspondence issues.   

 

The duty of chairmanship is assigned according to faculty/school/ school code (starting from 01). Substitute member of the faculty/school/school who has undertaken the duty of the chairmanship carries out duties as the Acting Chairperson and attends and chairs meetings which the Chairperson is unable to attend.   

 

f) If deemed necessary by the Committee, a legal advisor found suitable by the Rector’s Office assists the Committee.

 

Duties of the

Disciplinary

Committee

16.

Following are the duties of the EMU Disciplinary Committee:

(a) In cases where a penalty is called for, the Committee will evaluate the findings and decide on the exact penalty only after studying the investigator’s report and having listened to the accused.  If the complainant is a member of the Disciplinary Committee, such member will have no right to vote in the decision to be given.

(b) Informing the Rector’s Office about the Committee’s decisions in writing.

(c) Reconsidering previous Disciplinary Committee decisions that are forwarded by the Rector’s office or the Senate. Reporting to the Rector’s Office the Committee’s reasons for changing or not changing any decisions.

(d) Meeting at the end of every semester to review the student disciplinary situation in general, and advise some measures to be taken  for the consideration Vice Rector responsible for Disciplinary Affairs.

(e) Producing proposals for the amendment of the Student Disciplinary Regulation with the consideration of difficulties experienced in application. If necessary, expressing opinions about student discipline in the University in general. 

Convening

of the Disciplinary

Committee

17.

(a) The Disciplinary Committee convenes upon the call of the Chairperson or Acting Chairperson by a simple majority. The Committee makes its decisions by the majority of the members present in the meeting. During voting, abstention is not allowed. In case of a tie, the vote of the Chairperson determines the decision (counts as two votes). In the absence of the Chairperson, the Acting Chairperson acts as the Chairperson.   

 

(b) Members are expected to regularly attend the meetings and inform their units, accordingly. A member not attending a meeting due to a valid excuse ensures the attendance of the substitute member for his/her place. The dean or director of a faculty/school representative who fails to attend two consecutive meetings is informed by the Chair of the Committee for the purpose of ensuring regular attendance to

meetings. Teaching hours of representatives  acting as a member of the Committee are arranged by the relevant unit with a consideration of the Committee meeting times.  

Decisions

of the

Disciplinary

Committee

18.

(a) The Disciplinary Committee gives its decision on a case latest within 45 days of receiving the request. However, disciplinary files sent to the Disciplinary Committee within the last two weeks leading up to the last day of lectures, within the Final Examination period, or after this period may be postponed to the following semester upon the decision of the Disciplinary Committee. Decision on postponed cases must be given within 45 days from the starting date of lectures of the following semester.

(b) The Disciplinary Committee is free to accept or reject the mode of punishment proposed in the report of investigation.  The Committee can put another disciplinary punishment into force provided that the reasons for it are explained. 

(c) In the case of a disciplinary investigation being launched due to the same incident, the Disciplinary Committee may decide to postpone the disciplinary investigation. In cases as such, durations specified in item (a) are not taken into consideration.  

 

(d) The start of penal proceedings involving a student will not delay the start of the disciplinary proceedings.

 

(e) A disciplinary penalty will still be imposed regardless of the suspect being convicted of the same offence under the penal code. A student who is under detention as a result of a Court Case is not allowed to sit in examinations taking place during his/her detention and cannot claim any rights in lieu of such losses.

Right to Defense

 

 

19.

Following the completion of the investigation and before giving a decision concerning an accused student, the Disciplinary Committee must give a chance to the student for defending himself / herself before the Disciplinary Committee. However, if the accused student fails to appear before the Disciplinary Committee without any valid reason, a decision in absentia will be given.

Putting Decisions in

Writing

 

 

20.

Decisions are written together with reasons behind them, evidences are summarized, articles of the statute, regulation, by-law, or policy upon which the decisions are based indicated, and signed by the members supporting the decision. Members opposing the decision note their objection and sign. The Chairman of the Disciplinary Committee is responsible for the writing, approval, filing and other communications concerning the decisions.   

Finalization of

the Decisions

21.

Decisions of the Disciplinary Committee are finalized as follows:

(a) All decisions except ‘Dismissals’ become final following their approval by the Rector’s Office latest within ten days from the date of the Committee’s decision.

 

(b) ‘Dismissals’ become final after they are approved by the Senate, following the approval of the Rector. The approval process is completed within 30 days from the date of the Committee’s decision.

 

          (a) When the Rector or the Senate considers a decision and/or  

             given penalty by the Disciplinary Committee submitted for

            approval as not appropriate or procedurally incorrect, they

            can state the reasons and ask the Disciplinary Committee to

            reconsider their decision during the first upcoming

           Disciplinary Committee meeting. Except in the case

           of ‘Dismissals’, if, upon reconsideration, the Disciplinary

           Committee decides not to change its previous decision, it

            becomes final. For the ‘Dismissal’ penalty, the decision of  

          the Senate is final.  

 

 

V. APPLICATION AND APPEALS

Announcement

of

Disciplinary

Matters

 

 

22.

(a) Announcement of the disciplinary issues (opening of the case, student’s summoning  to the Disciplinary Committee as the ‘accused’ or a ‘witness’ etc...) to the student takes place by posting a written notice on the Student Discipline Announcement Board as well as by sending a copy of the notice to the concerned School Director or Department Chair and sending the notice to the relevant student’s e-mail address or posting it on the relevant unit’s announcement board. Following the fulfillment of the said notification procedures, such students are assumed to have been informed about the disciplinary issue.

    

(b) Finalized disciplinary penalties are announced by the Rector’s Office. Within 15 working days after receiving a given decision of the Disciplinary Committee, the Rector’s Office forwards the decision in writing via the Deans’ Office to the Department Chair or School Directorate concerned and to the Registrar’s Office to be placed in the student file. The relevant Chair or Director must communicate this decision in writing to the concerned student/s. Another copy of the finalized disciplinary decision is put on the Student Announcement Board.  The Registrar’s Office also informs the student/s’ mother or  father, or, in the absence of both parents, the person named by the student next of kin.

 

Enforcement of Disciplinary Penalties

23.

a) The relevant Dean’s or Director’s Office or Institute Directorate is responsible for implementing the finalised disciplinary penalties. If deemed necessary, a copy of the penalty announcement is sent to the University Security Unit.

 

b) Unless stated otherwise by the Committee or the academic unit the student is attached to, disciplinary penalties take effect from the date of their official conveyance to the relevant student.  However, special care is put not to enforce ‘short’ and ‘medium’ term of suspension from the university during the exam periods specified in the academic calendar of the relevant academic year. Calendar date is applied in the imposition of penalties. In any case, penalties are imposed in semesters student is registered to a course or courses.  

Appeals

24.

No appeal can be filed against a ‘Written Warning’ or a ‘Reprimand’.

Appeals against all other penalties can be submitted in writing to the

Rectors’ office within 5 days following the announcement of the penalty. Students appealing against announced penalties cannot attend educational activities such as lectures, examinations, laboratory work, cultural and sports activities involving group participation or represent the University in any activity until the appeal is finalized.

 

If deemed appropriate by the Rector, the imposition of ‘short, medium or long term suspensions’ from the University may be temporarily suspended upon the appeal of the concerned student. The case is sent back to the Disciplinary Committee. This requires the Rector to give his reasons in writing for requesting this reconsideration of the case. The Disciplinary Committee must give the final decision on the issue within 10 working days. If the final decision is not changed, the implementation goes ahead as usual. In the event that the Committee has decided to change its decision, the procedure continues as given in Article 21 of this By-law. The time that has elapsed during the process of finalizing the decision is deducted from the penalty period of the relevant student.

 

Appeals against ‘Dismissal from the University’ are sent to the Senate by the Rector. The Senate may decide temporarily to suspend the imposition of the penalty, examine the case and give the accused another chance to defend himself or herself. The Senate may ask for extra information in writing from the Disciplinary Committee and/or the accused. The Senate must give its decision within 10 working days of receiving the appeal. The decision of the Senate on the appeal is final.

 

 

VI. OTHER PROVISIONS

Investigation of Sex Crimes

25.

The investigator investigating a case to do with sex crimes receive the support of  the “Unit Against Sexual Harassment and Sexual Assault” established/to be established within the University. 

Issuance of A Penalty of One Degree Higher Severity

26.

The recurrence of an offense previously penalized during the same academic year entails a penalty of one degree higher severity.

 

Pardoning of

Penalties

27.

Upon the student’s application for a pardon,

-after having served the disciplinary penalty recorded in his/her student file, if the student is observed to have been flawless in his/her conduct for a minimum of one year following the date of serving the penalty was completed,

- after the student served the disciplinary penalty recorded in his/her student file, if there is less than a year left for his/her graduation and if s/he is observed to have been flawless in his/her conduct within this time period following the date of serving the penalty was completed,

- if the student has undertaken duties in Community Involvement Projects on a voluntary basis,

 

  a) Penalties of ‘warning’ and ‘reprimand’ may be pardoned by the issuing chair/committee,

 

b) Penalties more severe than a Reprimand can be pardoned with the proposal of the relevant Dean or Director and the approval of the Senate.

The penalty is no longer noted on official documents issued. However, loss suffered by the student as a result of the penalty is not compensated.

Administrative

Precaution

28.

a) While forwarding the case of a student to the Disciplinary Committee and before the completion of the disciplinary proceedings, with the approval of the Rectors’ office, the Vice Rector under whose responsibility the security affairs appear, a Dean or a Director of School may be authorized to impose a precautionary suspension on a student: suspending the student form the University or banning his/her entrance to lectures, laboratories, workshops and examinations.

 

b) Students who have been issued ‘short’, ‘medium’ or ‘long term’ suspension are not banned from dormitories. However, in cases where there is a possibility  that the student who received a penalty or is currently under disciplinary investigation may violate the security or peace of the dormitory, Vice Rector under whose responsibility the security affairs appear may ban the student from entering the dormitories. 

Coming into

Force

29.

This By-law comes into force from the date it is approved by the Senate.

Executive

Power

30.

The Rector has the ultimate responsibility for the execution of this Bylaw.