REGULATIONS FOR STUDENT DISCIPLINARY CODE

 

(By-law 189/1988, 157/1989, 92/1990, 364/1991, 112/1993, 113/1993, 234/1994, 280/1994, 158/1995, 334/1995, 1215/1996, 58/1999, 557/1999, 699/1999, 854/2007, 435/2010)

 

Regulation under Articles 30 and 32

 

Eastern Mediterranean University Senate prepared the following Regulation in accordance with Articles 30 and 32 of Eastern Mediterranean University Education, Examinations and Success By-Law.

CHAPTER I

AIM, SCOPE, DEFINITIONS AND GENERAL PROVISIONS

Brief Name

22.09.2023

R.G. 192

EK III

A.E. 755,

21.02.2024

R.G. 37

EK III

A.E. 181

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, directives and principles 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 disciplinary procedures of students who study at Eastern Mediterranean University and disciplinary proceedings related to disciplinary penalties committed during the period of enrollment for former students whose connection with the University has been terminated for any reason.

Definitions

4.

Unless otherwise stated in this Regulation;

Information System refers to one or more devices capable of automatically processing data within a specific software framework or a connected or interrelated series of devices.

Disciplinary Board refers to the committee elected by EMU Senate and is responsible for student disciplinary procedures of the University.

Ethics Board refers to the Eastern Mediterranean University Research and Publication Ethics Board (BAYEK).

Student refers to an individual who is registered in an EMU program or is a current student of EMU or a former student of EMU.

Rectorate refers to the Eastern Mediterranean University Rector’s Office.

University refers to the Eastern Mediterranean University (EMU).

Any Person Affiliated with the University refers to academic or administrative personnel who works full-time or part-time in the university or in relevant units or revolving fund services, students, all individuals, whether employed on a contractual or commissioned basis, engaging in administrative, managerial, or academic activities at the university through appointment or invitation, providing services, or operating within the campus under a lease or operator agreement signed with the university, and as applicable, their employees.

Data Packet refers to the portable, minimized form of data that will be transmitted over a communication network connection.

The terms “Department, Department Chair, Dean, Institute, Faculty, Preparatory School, Director of the Preparatory School, Rector, Rectorate, Senate, University (EMU), Board of Trustees (VYK), Statute, School, School Director” have the same meaning as those given in the Statute establishing the North Cyprus Education Foundation and Eastern Mediterranean University (18/1986).

 

CHAPTER II

DISCIPLINARY PENALTIES AND OFFENCES

Disciplinary Penalties and Definitions

5.

The Disciplinary Penalties applied in the University are as follows:

(1)

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.

(2)

Reprimand: A reprimand is a written statement notifying the student that s/he is not fulfilling her/his student responsibilities or the behavior in question is wrong.

(3)

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 academic activities; lectures, examinations, laboratories, workshops and etc. from 1 to 15 days.  The penalty is recorded in the student file and is indicated on student’s transcript and student certificate.

(4)

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 academic activities; lectures, examinations, laboratories, workshops and etc. from 16 to 30 days.  The penalty is recorded in the student file and is indicated on student’s transcript and student certificate.

(5)

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 academic activities; lectures, examinations, laboratories and workshops for a period between 31 days and one semester. The penalty is recorded in the student file and is indicated on student’s transcript and student certificate.

(6)

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 is indicated on the student’s transcript. A student who has been issued such penalty cannot, under any circumstances, be accepted back to the University as a student.

Disciplinary Offenses

6.

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

(1)

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

(A)

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,

(B)

Damaging, tearing, amending or changing in any way the written notices, programs or other documents issued by the University or issued with the permission of the University,

(C)

Posting notices on the University campus without receiving official permission,

(D)

Damaging the university’s information system and/or using it for any other purpose than specified by the university,

(E)

Refusing to provide information or giving false information to the Disciplinary Committee when asked to do so,

(F)

Hiding from authorities, a witnessed event or action that is prohibited and that requires disciplinary proceedings to be taken,

(G)

Ignoring the warnings of the University traffic officers on campus, or violating any other traffic rules,

(H)

Using derogatory, rude language or swearing to fellow students.

(2)

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

(A)

Failing to provide information demanded by the University authorities, or giving them insufficient or false information,

(B)

Without the prior written consent of the University Rector’s Office, organizing or contributing to the organization 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,

(C)

Participating in or encouraging other students to take part in illegal events in the University,

(D)

Disturbing anyone who is affiliated with the University 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,

(E)

Attempting to flirt with someone, who is affiliated with the University, with behavior reaching disturbing extremes.

(F)

Disturbing a person or a group of people by using defamatory remarks, written and/or oral and/or via social media, that cause anger and polarization due to differences of language, religion, religious sect, race, ethnicity, gender and sexual orientation,

(G)

Signing the attendance list on behalf of another student or getting someone signed the attendance on one’s account during the class.

(3)

Short-Term Suspension from the University – This penalty may be issued as a result of the following offences:

(A)

Causing disturbance on the campus in an intoxicated condition due to alcohol consumption,

(B)

Apart from scientific discussions, personally or as part of a group, engaging in propaganda or actions favoring political views or parties within the University,

(C)

Within or outside the University, personally showing, encouraging or participating in actions showing disrespect or contempt (verbally or written) 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; intentionally causing damage to the aforementioned people’s movable or immovable property/ies,

(D)

Behaving in a manner disruptive to the peaceful working of the University officials,

(E)

Attempting to impose intentional physical assault to anybody who is affiliated with the University,

(F)

Intentionally attempting to damage movable/immovable property of a fellow student,

(G)

Attempting to cheat or to help others cheat in any examination,

(H)

Using the storage space of the Information System Internet for other purposes than education or in a manner referred as a criminal act as specified in the relevant section of the By-law effective in the Turkish Republic of Northern Cyprus,

(I)

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,

(J)

Insistently repeating the behavior specified in Article 6(2)(D), 6(2)(E) and 6 (2)(F),

(K)

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,

(L)

Continuously following or spying anyone who is affiliated with the University, or contacting the relevant person via phone, e-mail or instant messages causing disturbing behavior towards the individual,

(M)

Within the university campus, attempting to impose any physical assault to anyone who is not affiliated with the University,

(N)

With the purpose of gaining commercial interest, using course notes and course related other materials belonging to the academic personnel without receiving their permission.

(4)

Medium-Term Suspension from the University – This penalty may be issued as a result of the following offences:

(A)

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,

(B)

Selling alcoholic beverages within the University,

(C)

Entering the buildings to which access is denied by authorized bodies, or disobeying the issued penalty of being banned from entering University buildings,

(D)

By using the University’s computer and/or information system, storing, sending and/or deliberately hiding or keeping materials containing content that violates personal rights and/or includes insulting language,

(E)

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, key logger, spyware, Trojan and program software with similar aims).

(F)

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

(G)

On the Internet network, attempting to locate, observe or change some or all data packages related with the University available on the internet,

(H)

Attempting to steal or to exhibit disgraceful and embarrassing behavior within the University,

(I)

Outside the University, attempting to steal or to exhibit disgraceful and embarrassing behavior towards anyone who is affiliated with the University,

(J)

Having someone to do anyone course project and/or graduation project and/or assignment on one’s own account or, doing any course project and/or graduation project and/or assignment by using artificial intelligence tools or, copying other people’s work or, doing another student’s course project and/or graduation project and/or assignment on their account,

(K)

Attempting to prevent smooth operation of classes or imposing any disruptive behavior preventing the classes.

(5)

Long-Term Suspension from the University – This type of suspension may be imposed for one of the following offences:

(A)

Cheating or helping others cheat in any examination or project,

(B)

Engaging in activities that cause polarization due to differences of language, religion, race, gender, ethnicity, sexual orientation and religious sect,

(C)

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, preventing an official meeting taking place within the University,

(D)

Committing theft, or exhibiting disgraceful and embarrassing behavior,

(E)

Without official permission, using University’s information and communication tools for commercial purposes such as sale or advertising,

(F)

Gambling or being present in a casino,

(G)

Providing an environment for others to gamble,

(H)

Imposing intentional physical assault to someone who is affiliated with the University,

(I)

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.

(J)

Within the University, having in possession of a gun or any other devices specially made for offensive or defensive purposes

(K)

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

(L)

Attempting to control someone’s behaviors through threat, blackmail or any other promise or, thusly, committing sexual harassment,

(M)

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

(N)

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

(O)

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

(P)

Having someone else or using artificial intelligence to write a thesis or graduation project for one’s place; or writing a thesis or graduation project for someone else,

(R)

Committing plagiarism in any assignment, seminar, thesis, project, internship report, publications and other similar academic products,

(S)

Accessing the physical location or digital platform where examination questions are stored with the intent of acquiring them prior to the scheduled examination, or to instigate or facilitate such activities

(T)

Possessing or using drugs or similar substances within or outside of the University,

(U)

Altering any document issued by the University or any official authority and, using amended or forged documents,

(V)

Investigating, altering and harming documents located in information technology devices such as computers or telephones which belong to units or individuals affiliated to the University, and intentionally placing any kind of viruses in information technology tools to cause harm,

(Y)

Hacking the password of information technology devices belonging to the University or individuals affiliated with the University, possessing such devices without getting permission or using the devices with other persons’ usernames and passwords without any permission and authorization,

(Z)

Committing theft, or exhibiting disgraceful and embarrassing behavior against an individual affiliated with the University,

(AA)

Within the university, imposing physical assault to an individual who is not affiliated with the University,

(BB)

Attempting to use a weapon or any other dangerous tool or, using a weapon or any other dangerous tool in a manner that does not cause any severe physical harm,

(CC)

Disrupting the procedures related to the disciplinary investigation or preventing smooth operation of the Disciplinary Board by using force or threatening,

(DD)

Coercing anyone affiliated with the University, whether an individual or a group, by threatening or compelling them to make false statements, present fake evidence, or admit to a crime,

(EE)

Attempting to use a firearm,

(FF)

Intentionally killing, crippling or injuring an animal or causing intentional torment to any animal.

(6)

Dismissal from the University – This penalty is issued for following actions and behaviors:  

(A)

Forcing a person or a group affiliated with the University by threats to organize an illegitimate action or to take part in it,

(B)

Attempting to rape or committing rape,

(C)

Inflicting torture on an 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,

(D)

Encouraging the use of or dealing in drugs or similar substances within or outside the University,

(E)

Within or outside the University, assaulting any personnel of the University or any member of their family,

(F)

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

(G)

Engaging in behavior specified in 6(5)(L) or 6(5)(M) against minors under 18 years of age,

(H)

Causing unrecoverable and intentional damage to the buildings, yards, extensions, and facilities of the University,

(I)

Disrupting the procedures related to the disciplinary investigation or preventing smooth operation of the Disciplinary Board by using force or threatening.

 

CHAPTER III

DISCIPLINARY INVESTIGATION

Authorized Investigation Officials

7.

Officials authorized to start investigations are as follows:

(1)

In cases where the disciplinary offences or group incidents have been committed by a group of students from multiple faculties and schools, the Vice Rector affiliated with the Student Disciplinary Board,

(2)

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

(3)

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

(4)

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

(5)

In cases where it is deemed necessary, the Rector or Vice Rector affiliated with the Student Disciplinary Board.

Authorized officials conduct a disciplinary investigation by appointing an investigator or investigators.  Members of the Student Disciplinary Board cannot be appointed as investigators.  

Investigation Period

8.

(1)

Disciplinary investigation official launches an investigation and appoints investigator(s) within the first 10 working days after the offence has been reported.

(2)

In cases where the Rector’s office decides not to use its power to launch an investigation for an informed disciplinary matter, another Investigation Official is informed regarding the matter within 10 working days. In this respect, the relevant Investigation Official launches an investigation on the matter within 10 working days, starting from the day s/he was initially informed on the matter by the Rector’s Office,

(3)

The investigation must be finalized within a maximum of 15 days from the official appointment of the investigator(s).

(4)

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

(5)

Only in cases where there are students from more than one faculty or school involved in disciplinary offences and, collective student incidents, then, the investigator(s) appointed to carry out the investigation may request from their authorized official, whom initially assigned the duty of investigator(s), for a second and the final time, in writing an extension of an additional period of 10 days stating his/her reasons for it.

Conduct of Investigation

9.

(1)

The investigator hears the witnesses, collects facts and consults experts. 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.  

(2)

Statements that are taken online must be recorded and the relevant recording is added into the registration investigation report file. For online statements, a signature is not sought from the individual who gives the statement.

(3)

The personnel of the University are obliged to provide promptly all the information, records, documents, and assistance that the investigator(s) may require. In accordance with professional ethics, information that requires confidentiality is not within the scope of this regulation.

(4)

In the event of student(s) changing places within the University, changing the higher education 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.

(1)

A student who is the subject of a Disciplinary Investigation is informed through an invitation, of the offence imputed to her/him at least three days prior to the date on which s/he is required to present her/his defense. Then, notices are put up on notice boards in the relevant academic unit of the student to inform her/him that s/he should contact the investigator to present her/his defense. Moreover, the notification is also sent to the relevant student’s portal account or student e-mail address (……@emu.edu.tr).

(2)

If the student has not collected the invitation for defense and s/he has not contacted the investigator(s) on the specified date, s/he will be deemed to have waived his/her right to a defense and the investigation is conducted solely based on other evidence in her/his absentia.

(3)

The student collects the enclosed invitation concerning the investigation sent to her/him from the Institute, Faculty or School Secretariat by providing signature. The notification sent to the student provides information on the nature of the offence imputed on the student and the student is instructed to appear to conduct her/his defense at the time, date and place specified in the notification. In the notification, 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 her/him based on other evidence.

(4)

If the student provides a valid excuse for her/his failure to appear or proves that s/he was prevented from appearing by conditions beyond her/his control, s/he is either allocated a new date for defense or allowed a reasonable period in which s/he is required to send her/his defense in writing. Students who are under arrest are informed that they can send their defense in writing or via e-mail through their student e-mail addresses allocated to them by the University. The defense must be submitted or send to the investigator.

(5)

The conduct of the investigation should allow the student to use her/his right to defend fully.  However, it is not allowed to exceed the investigation time limitations stipulated in the regulations under the pretext of defense.

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’ defense. 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.

(1)

If deemed necessary, the investigator(s) may request the authorized official to submit a request to the Vice Rector who is in charge of issues regarding Student Disciplinary Board to ban the suspect from entering the University premises

(2)

Independent of the regulation made under the first paragraph of this article, the Vice Rector responsible for the Student Disciplinary Board is authorized to issue a mandatory decision prohibiting the accused students from entering University premises during the investigation, if deemed necessary.

Concluding the Disciplinary Investigation

13.

(1)

The investigation is finalized following the submission of the investigation report and file to the authorized official launching the investigation.

(2)

The authorized official by whom the investigation has been launched takes the relevant action within the framework of Article 14, within 6 (six) working days following the submission of the investigation file and the report. 

(3)

The authorized official or Disciplinary Board examining the investigation report and file may ask the investigator to correct any defects which are found in the process of the investigation. The investigator is granted extra 4 working days to complete such procedures, independently of the period allocated to her/him in accordance with Article 8.

Officials and Boars Authorized to Impose Disciplinary Penalties

14.

The Rector, 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 penalties or dismissal from the University penalty are imposed by the Disciplinary Board.

 

CHAPTER IV

DISCIPLINARY BOARD

Formation of the Disciplinary Board

15.

(1)

The Disciplinary Board 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.

(2)

The Disciplinary Board members are proposed by Institute Director, Faculty Deans and Directors of Schools and English Preparatory School among academic staff members of the unit (in Institute academic staff members teaching in postgraduate programs) and the proposed names are submitted to the Senate for approval.

(3)

Academic Staff members of the Disciplinary Board are elected for a period of two years and student members serve for a period of one year. Members whose period of service expires, may be re-elected.

(4)

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 her/his 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 Board meetings.     

(5)

At the Student Disciplinary Board, the duty of chairmanship is undertaken by the representative of a different faculty/school/English Preparatory School each academic year.  The unit representative or by-proxy 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 Board undertakes the responsibility of all written and official correspondence issues. However, if there are not two faculty members with administrative responsibilities receiving a reduction in teaching load, except the administrative staff with the position of Dean or Director in the academic unit, a faculty member from the same academic unit can be appointed as an alternate member of the Disciplinary Board. In the absence of the chair, this member can preside over the Student Disciplinary Board.

(6)

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.  

(7)

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

(8)

The appointment of the Disciplinary Board is essential at the beginning of each Academic Year. However, the existing Disciplinary Board continues its duties until the new Disciplinary Board is appointed to conclude cases pending from the previous year.

Duties of the Disciplinary Board

16.

Following are the duties of the Disciplinary Board:

(1)

In light of the investigation report and investigation file, evaluating the findings after listening to the student being accused with an offence and, in cases where a penalty is called for making a decision on the nature of the penalty. Iif the complainant is a member of the Disciplinary Board, such memer will have no right to vote in the decision to be made.

(2)

Reconsidering previous Disciplinary Board decisions that are forwarded by the Rector’s Office. Reporting to the Rector’s Office the Board’s reasons for changing or not changing any decisions.

(3)

Meeting at the end of every semester to review the student disciplinary situation in general and advising the Vice Rector’s Office concerning the Student Disciplinary Board some measures to be taken for the consideration.

(4)

Making proposals for the amendment of the Student Disciplinary Regulations with the consideration of difficulties experienced in implementation of the relevant rules/regulations.

Convening of the Disciplinary Board

17.

(1)

The Disciplinary Board convenes upon the call of the Chairperson or Acting Chairperson by a simple majority. The Board 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. In the absence of the Chairperson, the Acting Chairperson acts as the Chairperson.   

(2)

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 is informed by the Chair of the Board when the representative of the relevant unit fails to attend two consecutive meetings, for the purpose of ensuring regular attendance to meetings. Teaching hours of representatives acting as a member of the Board are arranged by the relevant unit with a consideration of the Board meeting times.  

Decisions of the Disciplinary Board

18.

(1)

The Disciplinary Board makes a decision on a case latest within 45 days of receiving the request. However, disciplinary files submitted to the Disciplinary Board 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 Board. Decision on postponed cases must be given within 45 days from the starting date of lectures of the following semester.

 

(2)

The decision of postponement by the Disciplinary Board also applies for the appeals submitted after the decision of postponing is made and, procedures concerning the evaluation of the objections are suspended until the course commencement of the following academic semester.

 

(3)

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

 

(4)

In the case of a disciplinary investigation being launched due to the same incident, the Disciplinary Board may decide to postpone the disciplinary investigation. In cases as such, durations specified in paragraph (1) of this Article are not taken into consideration. 

Paragraph 154

(5)

The conviction or non-conviction of the accused under the Penal Code does not constitute an impediment to the application of disciplinary proceedings.

 

(6)

In disciplinary investigations initiated by the Disciplinary Board with allegations of plagiarism, the Board may request an opinion from the EMU Scientific Research and Publication Ethics Board for the determination of plagiarism. In such a case, the timelines specified in the paragraph (1) of this article are suspended until the opinion of the Scientific Research and Publication Ethics Board is communicated to the Disciplinary Board.

Right to Defense

19.

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

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 Chairperson of the Disciplinary Board is responsible for all the other correspondence relevant to the Board and is liable to submitting all the taken decisions to the Rector’s Office. The justified decisions of the Disciplinary Board are submitted to the approval of the Rector’s Office within 15 working days.

Finalization of the Decisions

21.

Decisions of the Disciplinary Board are finalized as follows:

(1)

Disciplinary Board decisions are finalized following the approval of the Rector’s Office within the 10 working days as from the decision is submitted to the Rector’s Office for approval.

(2)

If the Rector considers a decision and/or given penalty by the Disciplinary Board submitted for approval as not appropriate or procedurally incorrect, s/he can state the reasons and request the Disciplinary Board to reconsider the relevant decision or penalty. In such a case, the timelines specified in the paragraph (1) of this article are suspended. The Board reviews and concludes the received request and its prior decision within 15 working days from the date of referral to it, excluding the deferral period specified in Article 18(1) of this Regulation.

(3)

The Disciplinary Board can either make a new decision in its second time evaluation or repeat its previous decision following the reconsideration.

(4)

The reconsidered decision of the Disciplinary Board becomes effective on the date it is submitted to the Rector’s Office.

 

CHAPTER V

ANNOUNCEMENTS

Announcement of Disciplinary Matters

22.

(1)

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 sending an invitation to the relevant Faculty Dean’s Office or School Director or Department Chair’s Office. A notice is posted on the announcement boards of the academic unit where the relevant student is registered to. The notice in question informs the student that s/he can collect the invitation from the Secretariat of the relevant academic unit. However, detailed information on the subject of the invitation is not specified in the written notice. The announcement is considered to have been communicated to the student when the invitation has been posted on the notice boards of the relevant academic unit at least 3 working days prior to the meeting date and has been sent to the student’s email address with the “emu.edu.tr” extension, as well as being placed in the personal student portal.

(2)

The invitations extended to those summoned as witnesses shall specify the purpose and subject matter for which they are being called before the Disciplinary Board, and it shall be indicated that failure to comply with the summons without a valid excuse or failure to timely communicate any excuse shall constitute a disciplinary offense.

(3)

The invitations extended to those summoned as defendants shall specify the nature of the alleged offense and inform them of the designated day, time, and location where they can present their defense. It shall be indicated that failure to comply with the summons without a valid excuse or failure to timely communicate any excuse shall be deemed a waiver of defense. Furthermore, it will be stated that a decision will be rendered based on other evidence in the event of such waiver.

(4)

Finalized disciplinary penalties are announced by the Rector’s Office through the medium of relevant academic unit. Within 15 working days after receiving a given decision of the Disciplinary Board, the Rector’s Office forwards the decision in writing via the Deans’ Office to the Department Chair or School Directorate to be submitted to the student(s), and to the Registrar’s Office to be placed in the student file(s). The relevant unit calls the student to collect the written disciplinary board decision via posting on the announcement board of the relevant unit. The student is notified that the decision can be collected from the Secretariat of relevant academic unit. However, personal information of the student is not violated by the summons. Additionally, this disciplinary committee decision is also communicated to the student's email address with the “emu.edu.tr” extension and portal. The student receives the document for which the summons was issued in a sealed envelope through signature confirmation from the secretary’s office of the relevant Institute, Faculty, or School where they are enrolled.

(5)

The student may receive the disciplinary board decision through notice board announcements by signing for it, or by learning about the decision through the portal or email. In any case, the appeal period begins on the fifth (5th) workings day of the date the decision is sent via e-mail and student portal. However, if the starting date of the appeal period determined in this manner coincides with the period between the first day of final exams of the relevant semester and the start date of classes for the next semester, the appeal period begins from the class commencement date of the following semester.

 

 

CHAPTER VI

APPLICATION AND APPEALS

Enforcement of Disciplinary Penalties

23.

(1)

In accordance with the Regulations for Student Disciplinary Code, the relevant Institute, Dean’s or Director’s Office is responsible for implementing the finalized disciplinary penalties. If deemed necessary, a copy of the penalty announcement is sent to the University Security Affairs Unit by the Rector’s Office.

(2)

The disciplinary penalties cannot be implemented until the end of the appealing period. Relevant Institute, Dean’s or Director’s Office determines the dates to implement the Short-Term, Medium-Term and Long-Term Suspension penalties. 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.

(1)

No appeals can be filed for penalties of ‘Warning’ or a ‘Reprimand’.

(2)

The appeal period for short-, medium- and long-term suspensions is 5 working days as of the announcement of the penalty in accordance with Article 22. The student can appeal to the penalty by submitting a written objection within 5 working days. The relevant penalty cannot be implemented during the appeal period.

(3)

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 and the case is sent back to the Disciplinary Board for a reconsideration. This requires the Rector to give his/her reasons in writing for requesting this reconsideration of the case. The Disciplinary Board must make a final decision on the issue within 10 working days excluding the duration of postponement period. If the final decision is not changed, the implementation goes ahead as usual. In the event that the Board has decided to change its decision, the procedure continues as given in Article 21 of this Regulation.

(4)

Appeal period for ‘Dismissal from the University’ is 15 working days as of the announcement of the decision. The appeals against ‘Dismissal from the University’ are sent to the Senate by the Rector. The Senate re-examines the case and gives the accused another chance to defend himself or herself. The Senate may ask for extra information in writing from the Disciplinary Board and/or the accused. The decision is rendered within 30 working days from the date the application is submitted, starting from the first Senate meeting following the submission date. The Senate may approve, cancel, or impose another penalty as specified in this discipline regulation for the decision of dismissal from the university. The decision of the Senate in this matter is final. In the event that the Senate approves the decision concerning the appeal, the penalty of dismissal from the university is enforced.

 

CHAPTER VII

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” operating 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. However, the penalty of ‘dismissal from the University’ cannot be imposed as a higher degree penalty.

Community Involvement Projects

27.

(1)

Students who received short-, medium- and long-term suspension penalties are liable for participating in Community Involvement Projects. The students fulfill this liability within the framework of Community Involvement Center, Principles for Rehabilitation and Implementation of Community Involvement Projects. 

(2)

Following the expiration of the disciplinary penalty, the student carries out community involvement projects within the dates to be specified by the Community Involvement Center. However, upon the request of the student and if deemed appropriate by the Community Involvement Center, the community involvement projects may be carried out during the disciplinary penalty period.

Pardoning of Penalties

28.

(1)

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 or having time less than one year until his7her graduation, the student can apply for a pardon on the condition that s/he does not receive additional disciplinary penalties and fulfills duties in community involvement projects to be determined by the Community Involvement Center.

21.02.2024

R.G. 37

EK III

A.E. 181

(2)

Penalties of ‘Warning’ and ‘Reprimand’ can be pardoned by the issuing Chair or Disciplinary Board, and penalties of ‘Short’, ‘Medium’ and ‘Long’ term suspensions can be pardoned upon the recommendation of the relevant Dean’s Office or Directorate and the approval of the Senate.

 

(3)

Disciplinary penalties received by students registered at Eastern Mediterranean University in programs they have previously studied or graduated from may be forgiven, provided that they meet the conditions specified in this regulation, through the method determined in this regulation.

 

(4)

In an event of a penalty being pardoned, the imposed penalty is not recorded in the documents given to the student. However, loss suffered by the student as a result of the penalty is not compensated.

Administrative Precaution

29.

(1)

While forwarding the case of a student to the Disciplinary Board and before the completion of the disciplinary proceedings, with the approval of the Rectors’ office, the Vice Rector under whose responsibility the Student Disciplinary Board, 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.

(2)

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 Student Disciplinary Board appear may ban the student from entering the dormitories. 

 

CHAPTER VIII

FINAL PROVISIONS

Repealing

30.

This regulation repeals the ‘Eastern Mediterranean University Regulations for Student Disciplinary Code’ which came into force upon the Eastern Mediterranean University Senate decision (ref. no S99/175-12).

Executive Power

31.

This regulation is executed by the Eastern Mediterranean University, Rector’s Office.

Coming into Force

32.

This regulation comes into force as of the date its publication in the Official Gazette.