| SATURDAY, 18 August 2012 |
Official Gazette REGULATIONS |
Number: 28388 |
From the Presidency of the Council of Higher Education:
HIGHER EDUCATION INSTITUTIONS STUDENT DISCIPLINE REGULATION
CHAPTER ONE
Purpose, Scope, Basis and Definitions
Purpose and scope
ARTICLE 1 – (1) The purpose of this Regulation is to regulate the disciplinary penalties and investigation procedures and principles to be given to students of higher education institutions.
(2) This Regulation covers all students in higher education institutions.
Rest
ARTICLE 2 – (1) This Regulation has been prepared based on Article 54 of the Higher Education Law No. 2547 dated 4/11/1981 and subparagraph (9) of paragraph (a) of Article 65.
Definitions
ARTICLE 3 – (1) In this Regulation;
a) Student: Persons receiving associate's degree, bachelor's degree, master's degree, doctorate degree, specialization in medicine or proficiency in art in higher education institutions,
b) Reprimand: Informing the student in writing that he has been reprimanded for his student-related misconduct,
c) Warning: Warning the student in writing that he should be more careful in his student behavior,
d) Higher Education Institutions: Universities, high technology institutes and their faculties, institutes, colleges, conservatories, vocational schools and application and research centers,
d) Suspension from the Higher Education Institution for One Week to One Month: The student is informed in writing that he/she has been suspended from the higher education institution for one week to one month and that he/she will not be able to attend classes and exams during this period.
e) Suspension from the Higher Education Institution for One Semester: Notifying the student in writing that he has been suspended from the higher education institution for one semester and that he will not be able to benefit from his student rights during this period.
f) Expulsion from the Higher Education Institution: Notifying the student in writing that he/she has been expelled from the higher education institution and will not be admitted again to the higher education institution from which he/she was expelled.
g) Suspension from the Higher Education Institution for Two Semesters: Notifying the student in writing that he has been suspended from the higher education institution for two semesters and that he will not be able to benefit from his student rights during this period.
expresses.
CHAPTER TWO
Disciplinary Penalties and Disciplinary Penalties
Requiring Disciplinary Crimes
Disciplinary offenses requiring a warningARTICLE 4 – (1) Actions that require a warning are as follows;
a) Failure to answer questions asked by higher education institution officials in a timely manner without a justified reason,
b) Hanging announcements outside the places determined by the higher education institution authorities,
c) To tear, tear, change, scribble or pollute the announcements, programs and the like posted with the permission of the higher education institution.
Disciplinary offenses requiring reprimand
ARTICLE 5 – (1) Actions requiring condemnation are as follows;
a) Reporting incomplete or incorrect information requested by higher education institution officials,
b) Disrupting the order of activities such as lectures, seminars, practices, laboratories, workshops, scientific meetings and conferences,c) Hanging posters and banners without permission within the higher education institution,
ç) To tear, tear, change, scribble or pollute the announcements, programs and similar announcements posted by the higher education institution,
d) Attempting to cheat in exams.
Disciplinary offenses that require suspension from the higher education institution for a period of one week to one month
ARTICLE 6 – (1) Actions that require suspension from a higher education institution for a period of one week to one month are as follows;
a) Taking actions that prevent the freedom to learn and teach,
b) Preventing the proper conduct of disciplinary investigations,
c) Giving someone else a document that provides them with rights from a higher education institution or using a document that belongs to someone else,ç) To take verbal or written actions that harm the honor and dignity of people in the higher education institution,
d) To take verbal or written actions that harm the honor and dignity of the staff of the higher education institution, inside or outside the institution,
e) Consuming alcoholic beverages in a higher education institution,
f) Organizing meetings in closed and open spaces of the higher education institution without permission from the authorities.
Disciplinary offenses requiring suspension from a higher education institution for one semester
ARTICLE 7 – (1) Actions that require suspension from a higher education institution for one semester are as follows;
a) Threatening the staff and students of the higher education institution,b) Taking actions that hinder the services of higher education institutions through occupation and similar acts,
c) Making actual attacks on the staff and students of the institution,
ç) Stealing in higher education institutions,
d) Destroying existing buildings, fixtures and similar materials within the higher education institution or damaging the information system,
e) Cheating or having others cheat in exams,
f) Plagiarism in seminars, theses and publications.
Disciplinary offenses requiring suspension from the higher education institution for two semestersARTICLE 8 – (1) Actions that require suspension from the higher education institution for two semesters are as follows;
a) Preventing the performance of duties by using force and violence against higher education institution officials,
b) Preventing students from benefiting from higher education services by using force and violence against them,
c) Forcing a person or group to organize or participate in an act that is considered a crime by force or threat,
ç) Using, carrying and possessing drugs and stimulants within higher education institutions,
d) Cheating in exams by threatening, preventing cheating students from being removed from the exam hall, having someone else take the exam instead of oneself or taking the exam in someone else's place,e) Sexual harassment in higher education institutions,
f) Carrying and possessing firearms, their bullets, knives, other tools specially made for use in attack and defense, and explosives in higher education institutions, contrary to the Law No. 6136 on Firearms, Knives and Other Tools dated 10/7/1953,
g) Gaining an unfair advantage for himself or others by accessing the information system of the higher education institution.
Disciplinary offenses requiring expulsion from the higher education institution
ARTICLE 9 – (1) Actions that require expulsion from the higher education institution are as follows;
a) Establishing an organization for the purpose of committing a crime, managing such an organization or becoming a member of an organization established for this purpose, acting on behalf of the organization or assisting it without being a member, provided that it is finalized by a court decision,b) Selling, buying, giving to others and trading drugs or stimulants in higher education institutions,
c) Using firearms, bullets, knives, other tools specially made for use in attack and defense, and explosive materials in violation of the Law No. 6136 on Firearms, Knives and Other Tools,
d) Violating people's sexual immunity by engaging in sexual acts on their bodies.
Unforeseen disciplinary offenses
ARTICLE 10 – (1) Apart from disciplinary crimes that require suspension or expulsion from the higher education institution, the same type of disciplinary penalties are given to those who commit similar actions in terms of nature and severity to those that require warning and reprimand.Repetition of disciplinary offense
ARTICLE 11 – (1) A degree of severe punishment is applied in case of repetition of an action that has given rise to a disciplinary penalty.
(2) In case of repetition of the disciplinary offense, the penalty of expulsion from the higher education institution cannot be imposed.
CHAPTER THREE
Disciplinary Investigation
Chiefs authorized to initiate investigations
ARTICLE 12 – (1) The authorities authorized to initiate a disciplinary investigation are as follows;a) Dean due to disciplinary offenses in the functioning of the faculty,
b) Institute director due to disciplinary offenses in the functioning of the institutes,
c) Director of higher schools and vocational schools due to disciplinary offenses,
d) Conservatory director due to disciplinary crimes of conservatory operations,
d) University rectors regarding collective student transactions in common areas or venues.
(2) Chiefs authorized to initiate an investigation may conduct the investigation themselves or may appoint an investigator or investigators to carry out the investigation.Duration and statute of limitations of the investigation
ARTICLE 13 – (1) Disciplinary investigation begins immediately after the incident is learned. The investigation is concluded within fifteen days from the date of approval. If the investigation cannot be completed within this period, the investigator requests additional time with justification. The disciplinary chief authorized to initiate an investigation may extend the investigation period if he deems it appropriate.
(2) Starting from the date on which the superiors authorized to initiate an investigation become aware of the students who committed the disciplinary actions listed in this Regulation;
a) Within one month in case of warning, reprimand or suspension from the higher education institution for a period of one week to one month,
b) Within three months for suspension from the higher education institution for one or two semesters and expulsion from the higher education institution,
If a disciplinary investigation is not initiated, the authority to impose disciplinary punishment expires.(3) If disciplinary punishment is not imposed within two years at the latest from the date of committing the actions requiring disciplinary punishment, the authority to impose disciplinary punishment becomes statute of limitations. However, in cases where the disciplinary authority or board requires a judicial decision; The limitation period starts from the day the judicial verdict becomes final. The need in question is determined by a decision taken by the authorized disciplinary chief or board.
How the investigation is conducted
ARTICLE 14 – (1) Confidentiality of the investigation is essential.
(2) The investigator may listen to witnesses, conduct discovery and consult an expert. Investigation procedures are recorded in a report. Amount; It is prepared in a way that indicates where and when the transaction was carried out, the nature of the transaction, who participated, the questions and answers if a statement was taken, and is signed by the investigator, the clerk, the person making the statement and, if any, those who were present during the discovery. While taking a statement, the witness and, in case of appointment of an expert, the expert are sworn to; The witness's identity, address and similar descriptive information are stated.(3) The personnel of higher education institutions provide all kinds of information, files and other documents requested by the investigators without any delay and provide the assistance requested.
(4) The investigator conducts and completes the investigation, limited to the persons and actions about which the investigation is initiated. During the investigation, the investigator who detects that other disciplinary crimes have been committed other than the action investigated or that other people should be included in the investigation within the scope of the same crime, reports the situation to the competent authority.
(5) The fact that the student moves within the higher education institution after committing the disciplinary offense, or changes the higher education institution, or leaves the higher education institution for whatever reason, does not constitute an obstacle to opening and continuing an investigation and taking the necessary decisions.right of defense
ARTICLE 15 – (1) The student against whom a disciplinary investigation is initiated is notified in writing of the crime charged, at least seven days before the date of his defense. In this article; The student is asked to be present to make his defense on the specified day, time and place.
(2) If the person who comes to defend himself requests to present his defense in writing, he may be given a period of not less than three days. After the written defense is submitted, the investigator may ask additional questions to the student.
(3) In the invitation sent to the student; It is stated that if the person does not comply with the call even though he has no excuse or does not give his apology in time, he will be deemed to have given up his defense and the necessary decision will be made about him based on other evidence.
(4) The student who makes a valid apology or who does not comply with the invitation due to force majeure is given an appropriate period of time. Arrested students are informed that they can submit their defense in writing.(5) The investigation is carried out in a way that allows the student to defend himself/herself properly.
investigation report
ARTICLE 16 – (1) When the investigation is concluded, a report is prepared. The report summarizes the approval of the investigation, the start date of the investigation, the identity of the person being investigated, the alleged crimes, the stages of the investigation, the evidence and the defense received. It is discussed whether the alleged crime is proven or not and the necessary disciplinary punishment is proposed. The originals or copies of the documents related to the investigation are attached to the report by attaching them to a series of documents. The investigation report, together with the file, is submitted to the authority that opened the investigation.
Conducting criminal prosecution and disciplinary investigation simultaneously
ARTICLE 17 – (1) The fact that a criminal prosecution has been initiated against the student due to the same incident does not delay the disciplinary investigation. The fact that a criminal prosecution has been initiated against the student, whether he has been convicted according to the law or not, does not constitute an obstacle to disciplinary punishment.Concluding the investigation
ARTICLE 18 – (1) Warning, reprimand and suspension from higher education institutions for a period of one week to one month are given by the relevant faculty dean, institute, conservatory, college or vocational school director.
(2) The rector has the authority to warn, reprimand and issue suspensions of up to one month from higher education institutions for disciplinary offenses committed in common spaces.
(3) Penalties of suspension from the higher education institution for one or two semesters and expulsion from the higher education institution are given by the authorized disciplinary board.
(4) In investigations carried out by faculties, institutes, conservatories, colleges and vocational schools, the board of directors of these units acts as the disciplinary board, and in investigations carried out by the rectorate, the university board of directors serves as the disciplinary board.
(5) The rector, dean, director or disciplinary committee examining the investigation file may, if deemed necessary, request the same investigator or a member of the disciplinary committee to complete certain investigation procedures that it deems deficient.Working procedure of the disciplinary committee
ARTICLE 19 – (1) The disciplinary board meets at the place, day and time to be determined upon the call of the president.
(2) The preparation of the meeting agenda, its announcement to the relevant parties, and the orderly conduct of the board's work are ensured by the chairman.
(3) The meeting quorum of the board of directors as a disciplinary board is the absolute majority of the total number of board members.
Rapporteurship and interview procedure
ARTICLE 20 – (1) The duty of rapporteur in the Disciplinary Boards is carried out by the member appointed by the president. The rapporteur member completes the review of the file to be referred within two days at the latest and submits the report to the president.(2) The rapporteur's statements are first heard in the Board. If the Board deems necessary, it may also listen to the investigators. At the end of the discussions, a vote is taken and the decision is announced by the chairman.
Voting and decision
ARTICLE 21 – (1) The chief or disciplinary board authorized to impose disciplinary punishment is free to accept or reject the punishment recommended in the investigation report; It may also impose another disciplinary punishment, provided that it gives reasons.
(2) Decisions in disciplinary committees are taken by the absolute majority of those attending the meeting. In case of equality of votes, the majority is deemed to be achieved in the direction of the vote cast by the chairman.
(3) If the investigator is a member of the disciplinary board, he cannot attend and vote in the meetings of the file he is investigating.Decision time
ARTICLE 22 – (1) Chiefs authorized to impose disciplinary punishments must decide on warnings, reprimands, and suspensions from the higher education institution for a period of one week to one month, within ten days at the latest from the day the investigation is completed.
(2) In cases requiring other disciplinary penalties, the file is immediately transferred to the disciplinary board. The disciplinary board must make a decision within ten days at the latest from the date it receives the file.
Things to consider when imposing disciplinary punishmentARTICLE 23 – (1) When giving one of these punishments, the superiors authorized to impose disciplinary penalties and the disciplinary committees must consider the severity of the actions that constitute the disciplinary crime, whether the student under investigation has received a disciplinary penalty before, his/her behavior, attitude and movements, whether he/she feels remorse for the act he/she committed. they take into consideration.
CHAPTER FOUR
Application and appeal
Notification of penalties
ARTICLE 24 – (1) The disciplinary penalty imposed at the end of the disciplinary investigation is determined by the chief authorized to initiate an investigation;
a) To the student against whom a disciplinary investigation is carried out,b) To the organization and higher education institution that gives scholarships or loans to the student,
c) If a penalty of expulsion from the university is given, in addition to the above, all higher education institutions, the Council of Higher Education, ÖSYM, police authorities and relevant military branches.
is notified.
Implementation of disciplinary penalties
ARTICLE 25 – (1) Unless the date on which the disciplinary punishment will be applied is specified in the decisions of the chief or board authorized to impose disciplinary punishment, disciplinary punishments are applied from the date they are given.
Ways to appeal against disciplinary penalties
ARTICLE 26 – (1) An objection may be made to the university administrative board within fifteen days against the disciplinary punishments imposed by the disciplinary superiors and boards.(2) In case of objection, the university administrative board, which is the objection authority, makes a final decision on the objection within fifteen days. In case of objection, the university board of directors, which is the objection authority, examines the decision and either accepts or rejects the imposed penalty. In case of rejection, the disciplinary board or authorized disciplinary supervisor decides on the objection, taking into account the reason for rejection.
(3) Administrative legal action may be taken against the penalties imposed in accordance with this Regulation, without exercising the right of objection.
CHAPTER FIVE
Miscellaneous and Final Provisions
Notification and address reportingARTICLE 27 – (1) All kinds of notifications due to disciplinary investigation are made by hand delivery upon signature or in writing to the address provided by the student to the higher education institution, or electronically to the person who requests notification to this address by providing an electronic address suitable for notification. In cases where notification is not possible by these means, the notification is deemed to be completed by announcing the notification document in the relevant higher education institution.
(2) Students who have changed the address they declared when registering to a higher education institution, but have not registered it with the institutions they are affiliated with, or who have given an incorrect or incomplete address, are deemed to have been notified if the notification is made to their current address in the higher education institution.
File delivery
ARTICLE 28 – (1) The files of the disciplinary investigation are delivered and received together with the serial sheet. There are the signatures of the deliverer and the recipient at the bottom of the series note.Correspondence form
ARTICLE 29 – (1) In correspondence with individuals, without prejudice to the method of notification in Article 28, the provisions of the Notification Law No. 7201 shall apply to other matters.
(2) If the document is delivered by hand, the signed document is kept in the investigation file.
Ongoing disciplinary investigations
PROVISIONAL ARTICLE 1 – (1) The provisions of this Regulation shall apply to disciplinary investigations that were initiated but not completed before the effective date of this Regulation.Repealed Regulation
ARTICLE 30 – (1) The Higher Education Institutions Student Disciplinary Regulation published in the Official Gazette dated 13/1/1985 and numbered 18634 has been abolished.
Force
ARTICLE 31 – (1) This Regulation shall enter into force on the date of its publication.
Executive
ARTICLE 32 – (1) The provisions of this Regulation shall be enforced by the President of the Council of Higher Education.
HIGHER EDUCATION INSTITUTIONS STUDENT DISCIPLINE REGULATION
CHAPTER ONE
Purpose, Scope, Basis and Definitions
Purpose and scope
ARTICLE 1 – (1) The purpose of this Regulation is to regulate the disciplinary penalties and investigation procedures and principles to be given to students of higher education institutions.
(2) This Regulation covers all students in higher education institutions.
Rest
ARTICLE 2 – (1) This Regulation has been prepared based on Article 54 of the Higher Education Law No. 2547 dated 4/11/1981 and subparagraph (9) of paragraph (a) of Article 65.
Definitions
ARTICLE 3 – (1) In this Regulation;
a) Student: Persons receiving associate's degree, bachelor's degree, master's degree, doctorate degree, specialization in medicine or proficiency in art in higher education institutions,
b) Reprimand: Informing the student in writing that he has been reprimanded for his student-related misconduct,
c) Warning: Warning the student in writing that he should be more careful in his student behavior,
d) Higher Education Institutions: Universities, high technology institutes and their faculties, institutes, colleges, conservatories, vocational schools and application and research centers,
d) Suspension from the Higher Education Institution for One Week to One Month: The student is informed in writing that he/she has been suspended from the higher education institution for one week to one month and that he/she will not be able to attend classes and exams during this period.
e) Suspension from the Higher Education Institution for One Semester: Notifying the student in writing that he has been suspended from the higher education institution for one semester and that he will not be able to benefit from his student rights during this period.
f) Expulsion from the Higher Education Institution: Notifying the student in writing that he/she has been expelled from the higher education institution and will not be admitted again to the higher education institution from which he/she was expelled.
g) Suspension from the Higher Education Institution for Two Semesters: Notifying the student in writing that he has been suspended from the higher education institution for two semesters and that he will not be able to benefit from his student rights during this period.
expresses.
CHAPTER TWO
Disciplinary Penalties and Disciplinary Penalties
Requiring Disciplinary Crimes
Disciplinary offenses requiring a warningARTICLE 4 – (1) Actions that require a warning are as follows;
a) Failure to answer questions asked by higher education institution officials in a timely manner without a justified reason,
b) Hanging announcements outside the places determined by the higher education institution authorities,
c) To tear, tear, change, scribble or pollute the announcements, programs and the like posted with the permission of the higher education institution.
Disciplinary offenses requiring reprimand
ARTICLE 5 – (1) Actions requiring condemnation are as follows;
a) Reporting incomplete or incorrect information requested by higher education institution officials,
b) Disrupting the order of activities such as lectures, seminars, practices, laboratories, workshops, scientific meetings and conferences,c) Hanging posters and banners without permission within the higher education institution,
ç) To tear, tear, change, scribble or pollute the announcements, programs and similar announcements posted by the higher education institution,
d) Attempting to cheat in exams.
Disciplinary offenses that require suspension from the higher education institution for a period of one week to one month
ARTICLE 6 – (1) Actions that require suspension from a higher education institution for a period of one week to one month are as follows;
a) Taking actions that prevent the freedom to learn and teach,
b) Preventing the proper conduct of disciplinary investigations,
c) Giving someone else a document that provides them with rights from a higher education institution or using a document that belongs to someone else,ç) To take verbal or written actions that harm the honor and dignity of people in the higher education institution,
d) To take verbal or written actions that harm the honor and dignity of the staff of the higher education institution, inside or outside the institution,
e) Consuming alcoholic beverages in a higher education institution,
f) Organizing meetings in closed and open spaces of the higher education institution without permission from the authorities.
Disciplinary offenses requiring suspension from a higher education institution for one semester
ARTICLE 7 – (1) Actions that require suspension from a higher education institution for one semester are as follows;
a) Threatening the staff and students of the higher education institution,b) Taking actions that hinder the services of higher education institutions through occupation and similar acts,
c) Making actual attacks on the staff and students of the institution,
ç) Stealing in higher education institutions,
d) Destroying existing buildings, fixtures and similar materials within the higher education institution or damaging the information system,
e) Cheating or having others cheat in exams,
f) Plagiarism in seminars, theses and publications.
Disciplinary offenses requiring suspension from the higher education institution for two semestersARTICLE 8 – (1) Actions that require suspension from the higher education institution for two semesters are as follows;
a) Preventing the performance of duties by using force and violence against higher education institution officials,
b) Preventing students from benefiting from higher education services by using force and violence against them,
c) Forcing a person or group to organize or participate in an act that is considered a crime by force or threat,
ç) Using, carrying and possessing drugs and stimulants within higher education institutions,
d) Cheating in exams by threatening, preventing cheating students from being removed from the exam hall, having someone else take the exam instead of oneself or taking the exam in someone else's place,e) Sexual harassment in higher education institutions,
f) Carrying and possessing firearms, their bullets, knives, other tools specially made for use in attack and defense, and explosives in higher education institutions, contrary to the Law No. 6136 on Firearms, Knives and Other Tools dated 10/7/1953,
g) Gaining an unfair advantage for himself or others by accessing the information system of the higher education institution.
Disciplinary offenses requiring expulsion from the higher education institution
ARTICLE 9 – (1) Actions that require expulsion from the higher education institution are as follows;
a) Establishing an organization for the purpose of committing a crime, managing such an organization or becoming a member of an organization established for this purpose, acting on behalf of the organization or assisting it without being a member, provided that it is finalized by a court decision,b) Selling, buying, giving to others and trading drugs or stimulants in higher education institutions,
c) Using firearms, bullets, knives, other tools specially made for use in attack and defense, and explosive materials in violation of the Law No. 6136 on Firearms, Knives and Other Tools,
d) Violating people's sexual immunity by engaging in sexual acts on their bodies.
Unforeseen disciplinary offenses
ARTICLE 10 – (1) Apart from disciplinary crimes that require suspension or expulsion from the higher education institution, the same type of disciplinary penalties are given to those who commit similar actions in terms of nature and severity to those that require warning and reprimand.Repetition of disciplinary offense
ARTICLE 11 – (1) A degree of severe punishment is applied in case of repetition of an action that has given rise to a disciplinary penalty.
(2) In case of repetition of the disciplinary offense, the penalty of expulsion from the higher education institution cannot be imposed.
CHAPTER THREE
Disciplinary Investigation
Chiefs authorized to initiate investigations
ARTICLE 12 – (1) The authorities authorized to initiate a disciplinary investigation are as follows;a) Dean due to disciplinary offenses in the functioning of the faculty,
b) Institute director due to disciplinary offenses in the functioning of the institutes,
c) Director of higher schools and vocational schools due to disciplinary offenses,
d) Conservatory director due to disciplinary crimes of conservatory operations,
d) University rectors regarding collective student transactions in common areas or venues.
(2) Chiefs authorized to initiate an investigation may conduct the investigation themselves or may appoint an investigator or investigators to carry out the investigation.Duration and statute of limitations of the investigation
ARTICLE 13 – (1) Disciplinary investigation begins immediately after the incident is learned. The investigation is concluded within fifteen days from the date of approval. If the investigation cannot be completed within this period, the investigator requests additional time with justification. The disciplinary chief authorized to initiate an investigation may extend the investigation period if he deems it appropriate.
(2) Starting from the date on which the superiors authorized to initiate an investigation become aware of the students who committed the disciplinary actions listed in this Regulation;
a) Within one month in case of warning, reprimand or suspension from the higher education institution for a period of one week to one month,
b) Within three months for suspension from the higher education institution for one or two semesters and expulsion from the higher education institution,
If a disciplinary investigation is not initiated, the authority to impose disciplinary punishment expires.(3) If disciplinary punishment is not imposed within two years at the latest from the date of committing the actions requiring disciplinary punishment, the authority to impose disciplinary punishment becomes statute of limitations. However, in cases where the disciplinary authority or board requires a judicial decision; The limitation period starts from the day the judicial verdict becomes final. The need in question is determined by a decision taken by the authorized disciplinary chief or board.
How the investigation is conducted
ARTICLE 14 – (1) Confidentiality of the investigation is essential.
(2) The investigator may listen to witnesses, conduct discovery and consult an expert. Investigation procedures are recorded in a report. Amount; It is prepared in a way that indicates where and when the transaction was carried out, the nature of the transaction, who participated, the questions and answers if a statement was taken, and is signed by the investigator, the clerk, the person making the statement and, if any, those who were present during the discovery. While taking a statement, the witness and, in case of appointment of an expert, the expert are sworn to; The witness's identity, address and similar descriptive information are stated.(3) The personnel of higher education institutions provide all kinds of information, files and other documents requested by the investigators without any delay and provide the assistance requested.
(4) The investigator conducts and completes the investigation, limited to the persons and actions about which the investigation is initiated. During the investigation, the investigator who detects that other disciplinary crimes have been committed other than the action investigated or that other people should be included in the investigation within the scope of the same crime, reports the situation to the competent authority.
(5) The fact that the student moves within the higher education institution after committing the disciplinary offense, or changes the higher education institution, or leaves the higher education institution for whatever reason, does not constitute an obstacle to opening and continuing an investigation and taking the necessary decisions.right of defense
ARTICLE 15 – (1) The student against whom a disciplinary investigation is initiated is notified in writing of the crime charged, at least seven days before the date of his defense. In this article; The student is asked to be present to make his defense on the specified day, time and place.
(2) If the person who comes to defend himself requests to present his defense in writing, he may be given a period of not less than three days. After the written defense is submitted, the investigator may ask additional questions to the student.
(3) In the invitation sent to the student; It is stated that if the person does not comply with the call even though he has no excuse or does not give his apology in time, he will be deemed to have given up his defense and the necessary decision will be made about him based on other evidence.
(4) The student who makes a valid apology or who does not comply with the invitation due to force majeure is given an appropriate period of time. Arrested students are informed that they can submit their defense in writing.(5) The investigation is carried out in a way that allows the student to defend himself/herself properly.
investigation report
ARTICLE 16 – (1) When the investigation is concluded, a report is prepared. The report summarizes the approval of the investigation, the start date of the investigation, the identity of the person being investigated, the alleged crimes, the stages of the investigation, the evidence and the defense received. It is discussed whether the alleged crime is proven or not and the necessary disciplinary punishment is proposed. The originals or copies of the documents related to the investigation are attached to the report by attaching them to a series of documents. The investigation report, together with the file, is submitted to the authority that opened the investigation.
Conducting criminal prosecution and disciplinary investigation simultaneously
ARTICLE 17 – (1) The fact that a criminal prosecution has been initiated against the student due to the same incident does not delay the disciplinary investigation. The fact that a criminal prosecution has been initiated against the student, whether he has been convicted according to the law or not, does not constitute an obstacle to disciplinary punishment.Concluding the investigation
ARTICLE 18 – (1) Warning, reprimand and suspension from higher education institutions for a period of one week to one month are given by the relevant faculty dean, institute, conservatory, college or vocational school director.
(2) The rector has the authority to warn, reprimand and issue suspensions of up to one month from higher education institutions for disciplinary offenses committed in common spaces.
(3) Penalties of suspension from the higher education institution for one or two semesters and expulsion from the higher education institution are given by the authorized disciplinary board.
(4) In investigations carried out by faculties, institutes, conservatories, colleges and vocational schools, the board of directors of these units acts as the disciplinary board, and in investigations carried out by the rectorate, the university board of directors serves as the disciplinary board.
(5) The rector, dean, director or disciplinary committee examining the investigation file may, if deemed necessary, request the same investigator or a member of the disciplinary committee to complete certain investigation procedures that it deems deficient.Working procedure of the disciplinary committee
ARTICLE 19 – (1) The disciplinary board meets at the place, day and time to be determined upon the call of the president.
(2) The preparation of the meeting agenda, its announcement to the relevant parties, and the orderly conduct of the board's work are ensured by the chairman.
(3) The meeting quorum of the board of directors as a disciplinary board is the absolute majority of the total number of board members.
Rapporteurship and interview procedure
ARTICLE 20 – (1) The duty of rapporteur in the Disciplinary Boards is carried out by the member appointed by the president. The rapporteur member completes the review of the file to be referred within two days at the latest and submits the report to the president.(2) The rapporteur's statements are first heard in the Board. If the Board deems necessary, it may also listen to the investigators. At the end of the discussions, a vote is taken and the decision is announced by the chairman.
Voting and decision
ARTICLE 21 – (1) The chief or disciplinary board authorized to impose disciplinary punishment is free to accept or reject the punishment recommended in the investigation report; It may also impose another disciplinary punishment, provided that it gives reasons.
(2) Decisions in disciplinary committees are taken by the absolute majority of those attending the meeting. In case of equality of votes, the majority is deemed to be achieved in the direction of the vote cast by the chairman.
(3) If the investigator is a member of the disciplinary board, he cannot attend and vote in the meetings of the file he is investigating.Decision time
ARTICLE 22 – (1) Chiefs authorized to impose disciplinary punishments must decide on warnings, reprimands, and suspensions from the higher education institution for a period of one week to one month, within ten days at the latest from the day the investigation is completed.
(2) In cases requiring other disciplinary penalties, the file is immediately transferred to the disciplinary board. The disciplinary board must make a decision within ten days at the latest from the date it receives the file.
Things to consider when imposing disciplinary punishmentARTICLE 23 – (1) When giving one of these punishments, the superiors authorized to impose disciplinary penalties and the disciplinary committees must consider the severity of the actions that constitute the disciplinary crime, whether the student under investigation has received a disciplinary penalty before, his/her behavior, attitude and movements, whether he/she feels remorse for the act he/she committed. they take into consideration.
CHAPTER FOUR
Application and appeal
Notification of penalties
ARTICLE 24 – (1) The disciplinary penalty imposed at the end of the disciplinary investigation is determined by the chief authorized to initiate an investigation;
a) To the student against whom a disciplinary investigation is carried out,b) To the organization and higher education institution that gives scholarships or loans to the student,
c) If a penalty of expulsion from the university is given, in addition to the above, all higher education institutions, the Council of Higher Education, ÖSYM, police authorities and relevant military branches.
is notified.
Implementation of disciplinary penalties
ARTICLE 25 – (1) Unless the date on which the disciplinary punishment will be applied is specified in the decisions of the chief or board authorized to impose disciplinary punishment, disciplinary punishments are applied from the date they are given.
Ways to appeal against disciplinary penalties
ARTICLE 26 – (1) An objection may be made to the university administrative board within fifteen days against the disciplinary punishments imposed by the disciplinary superiors and boards.(2) In case of objection, the university administrative board, which is the objection authority, makes a final decision on the objection within fifteen days. In case of objection, the university board of directors, which is the objection authority, examines the decision and either accepts or rejects the imposed penalty. In case of rejection, the disciplinary board or authorized disciplinary supervisor decides on the objection, taking into account the reason for rejection.
(3) Administrative legal action may be taken against the penalties imposed in accordance with this Regulation, without exercising the right of objection.
CHAPTER FIVE
Miscellaneous and Final Provisions
Notification and address reportingARTICLE 27 – (1) All kinds of notifications due to disciplinary investigation are made by hand delivery upon signature or in writing to the address provided by the student to the higher education institution, or electronically to the person who requests notification to this address by providing an electronic address suitable for notification. In cases where notification is not possible by these means, the notification is deemed to be completed by announcing the notification document in the relevant higher education institution.
(2) Students who have changed the address they declared when registering to a higher education institution, but have not registered it with the institutions they are affiliated with, or who have given an incorrect or incomplete address, are deemed to have been notified if the notification is made to their current address in the higher education institution.
File delivery
ARTICLE 28 – (1) The files of the disciplinary investigation are delivered and received together with the serial sheet. There are the signatures of the deliverer and the recipient at the bottom of the series note.Correspondence form
ARTICLE 29 – (1) In correspondence with individuals, without prejudice to the method of notification in Article 28, the provisions of the Notification Law No. 7201 shall apply to other matters.
(2) If the document is delivered by hand, the signed document is kept in the investigation file.
Ongoing disciplinary investigations
PROVISIONAL ARTICLE 1 – (1) The provisions of this Regulation shall apply to disciplinary investigations that were initiated but not completed before the effective date of this Regulation.Repealed Regulation
ARTICLE 30 – (1) The Higher Education Institutions Student Disciplinary Regulation published in the Official Gazette dated 13/1/1985 and numbered 18634 has been abolished.
Force
ARTICLE 31 – (1) This Regulation shall enter into force on the date of its publication.
Executive
ARTICLE 32 – (1) The provisions of this Regulation shall be enforced by the President of the Council of Higher Education.