HIGHER EDUCATION LAW Law Number: 2547 Acceptance Date: 4/11/1981 Published in R. Newspaper: Date: 6/11/1981 Issue: 17506 Published Code: Type: 5 Volume: 21 Page: 3 CHAPTER NINE Disciplinary and Penal Affairs General principles: Article 53 – a. The President of the Council of Higher Education is the disciplinary supervisor of the Council of Higher Education and university rectors, the rector of the university, the dean of the faculty, the directors of institutes and colleges, and the general secretary or secretaries of these units are the disciplinary supervisors of the secretariat staff. The administrative boards of the university and its affiliated units also serve as disciplinary boards. Associate professors and assistant professors are not included in disciplinary committees when issues related to professors are discussed, and assistant professors are not included in disciplinary committees when issues related to associate professors are discussed. b. Disciplinary procedures of faculty members, civil servants and other personnel, and the powers of disciplinary superiors are regulated by the Council of Higher Education in accordance with the procedures and principles applied to civil servants. c. (Amended: 14/4/1982 - 2653/3 art.) Criminal investigation procedure: Presidents and members of higher education institutions, managers of higher education institutions, permanent and contracted faculty members and civil servants of these organizations and institutions subject to the Civil Servants Law No. 657, due to their duties or The following provisions apply to crimes alleged to have been committed while performing their duties: Page 36 Regulations: Article 65 – a. The following issues are regulated by the regulations to be issued by the Council of Higher Education:
(9) Issues regarding the disciplinary procedures of faculty members, civil servants and other personnel and students, the powers of disciplinary chiefs and the formation and functioning of disciplinary boards, Official Gazette Date: 21.08.1982 Official Gazette Number: 17789
DISCIPLINARY REGULATION FOR ADMINISTRATORS, LECTURER AND OFFICERS OF HIGHER EDUCATION INSTITUTIONS CHAPTER I General Provisions Purpose: Article 1 - This regulation applies to higher education institutions and higher education institutions administrators, faculty members, civil servants and other personnel who do not fulfill the duties imposed on them by laws, statutes and regulations at home and abroad, and those who do not comply with the requirements. It has been prepared in accordance with Article 53 of the Higher Education Law No. 2547 and subparagraph (9) of paragraph (a) of Article 65 of the Higher Education Law No. 2547, in order to indicate the disciplinary penalties to be given to those who do the work prohibited or behave in a way that does not comply with the dignity and dignity of the profession.
Scope: Article 2 - Disciplinary investigation, dismissal and objection procedures and implementation methods regarding higher education institutions and administrators, faculty members, civil servants and other personnel of higher education institutions are shown in this regulation.
Definitions and Abbreviations: Article 3 - Phrases and abbreviations used in this regulation: Law: Higher Education Law No. 2547, Authorized Officer to Appoint: President of the Council of Higher Education, President of the Interuniversity Board, Rector, Dean, Director of the School and Institute, University Administrator: Rector, Dean, Institute Principal, School Principal and Head of Department, Department and Art Branch, Disciplinary Chief: President of the Council of Higher Education, Rector, Dean, Institute Director, School Principal, General Secretaries and unit secretaries of higher institutions and universities, Faculty Member: Faculty members working in higher education institutions. teaching assistants, Civil Servant: Personnel employed in higher education institutions and higher education institutions subject to the Civil Servants Law No. 657, Other Personnel: Contracted or temporary employees employed in higher education institutions and higher education institutions, Higher Education Institutions: Higher Education Council and Interuniversity Board, Higher Education Institutions: Universities, faculties, institutes and higher schools, High Disciplinary Board: Higher Education Executive Board, General Assembly for disciplinary matters of Higher Education Council members, rectors and deans.
Disciplinary Boards: a - In the Council of Higher Education: the board consisting of the 1st Legal Counselor, Personnel, Research-Planning, Coordination and Administrative and Financial Affairs Department Heads, under the chairmanship of the Secretary General, b - In the Interuniversity Board: the board consisting of the Legal Counselor, the Personnel Manager and two experts, under the chairmanship of the Secretary General. formed board, c - In Higher Education Institutions: It refers to the boards of directors of these institutions. CHAPTER II Disciplinary Crimes and Punishments Disciplinary Penalties: Article 4 - Disciplinary penalties are as follows: a - Warning: It is a written notification that one should be more careful in duty and behavior, b - Reprimand: It is a written notification that one is flawed in duty and behavior, c - Dismissal from management duty: Rectorate , dean, institute director, college director, department head, department head, art branch head, science branch head or art branch head, d - Deduction from salary: It means deducting gross salaries between 1/30-1/8, e - Suspension of advancement in rank: It is the suspension of advancement in the current rank for 1-3 years, depending on the severity of the act, f - Consideration of resignation: It is the termination of the relationship in the position as if it were voluntary, g - (Amended:OG-07/11/1998-23516) Dismissal from the university teaching profession: State or dismissal from the university teaching profession, without being re-employed as an academic staff member or assistant at a foundation higher education institution. Dismissal from public service: It is the dismissal from office as a civil servant in public institutions and organizations such as general and annexed budget administrations, special provincial administrations, municipalities, unions established by special provincial administrations and municipalities, revolving funds, funds, bail funds, etc., on a permanent basis. (Repealed paragraph:OG-21/08/1999-23793) Warning Penalty: Article 5 - Acts and situations that require a warning penalty are as follows: Showing indifference or acting irregularly in the protection, use and maintenance of relevant official documents, tools and equipment, b - Arriving late for duty without excuse or permission, leaving early, leaving the place of duty, c - Not complying with the saving measures determined by the Institution, d - Irregular application or complaint e - Acting in an attitude and behavior that does not befit the dignity required by the title one holds, f - Showing indifference or remaining indifferent towards one's duties and employers, g - Acting contrary to the specified dress code, h - Acting contrary to the principle of performing the task in cooperation, i - Acting in violation of the principle of performing the task in cooperation with students Acting against the dignity of the civil servant and faculty members in their relations with the university, j - Leaking or disseminating the speeches made and decisions taken in the university organs outside the body, without being based on a specific purpose, even though it is not authorized (Applications to be made to official authorities for legal reasons are excluded from this provision.) k - Not responding to questions asked by authorized bodies in accordance with the law, statute and regulations in a timely manner without a justified reason. l - Being busy with work other than his duty during working hours, m - Not paying attention to the training of his staff,
Penalty of Reprimand: Article 6 - Acts and situations requiring reprimand are as follows: a - Acting negligently in the full and timely execution of given orders and duties, in fulfilling the procedures and principles determined by the institutions at the place of duty, in the protection, use and maintenance of official documents, tools and equipment related to the duty. , b - Failure to inform the institution about the profitable activities of their spouses, minors or stranded children within the specified period, c - Acting disrespectfully to the superior with their behavior and behavior while on duty, d - Acting in a manner that would undermine the sense of reputation and trust required by the official title, e - Outside of service, - Using official tools, equipment and similar items belonging to the state or revolving fund in private affairs, f - Losing official documents, tools and similar items belonging to the institution and scientific documents or books that cannot be replaced, g - To colleagues, staff, business owners or mistreating students,h - Teasing colleagues and business owners with words or actions, i - Acting against public morality and indecency at the place of duty and writing, drawing or making signs, pictures and similar figures, j - Authorized persons in higher education institutions in order to carry out services in accordance with the rules. To object to the decisions taken, orders and instructions given by the authorities, except for the cases specified in Article 11 of Law No. 657, as amended by Law No. 2670, k - To cause legal action to be taken against you by deliberately not paying your debts, l - To disrupt the peace, tranquility or working order of institutions, m - Reporting incompletely or incorrectly or not reporting the situations and situations that need to be reported to the university or its affiliated units, n - Giving private lessons for a fee to the students of the faculty, institute or college to which he/she is affiliated or assigned, o - Discussing the speeches made and decisions taken in the university organs, although there is no authority. , to cause behavior in favor or against the organ or its members by disseminating or leaking it outside the organ, excluding official authorities, without being based on a specific purpose, Dismissal from Management Position: Article 7 - Acts and situations that require the penalty of separation from management duty are as follows: a - Obtaining any non-legislative benefit, under any name, directly or through an intermediary, from the institution under its management or an enterprise related to it, b - Not to carry out or comply with the decisions or orders of a superior manager or board in accordance with the law, statute or regulations, c - Not to take the necessary measures to ensure efficient or peaceful work in the place for which he is responsible for management, or to turn a blind eye to actions that will disrupt the peace, or to provoke or encourage such actions. or supporting, d - Using, causing to be used or condoning the use of a vehicle for the authority or official service in the place for which the management and the person is primarily responsible, outside the legal limits, e - Study report that must be submitted at the end of the year in accordance with Article 42 of the Higher Education Law No. 2547 and relevant regulations. Resisting in not giving a decision without a justified reason or not carrying out the audit work required by law, f - Not convening the boards despite a written warning, g - Being negligent in the administration of the unit for which he is responsible or not fulfilling the duties assigned by the legislation, Deduction from Pension: Article 8 - Acts and situations that require the penalty of deduction from pension are as follows: a - Intentionally; Not carrying out the given orders and duties completely and on time, not fulfilling the procedures and principles determined by the institutions at the place of duty, not protecting, not maintaining or misusing official documents, tools and equipment related to the duty, b - Absence from duty for a maximum of two days without excuse, faculty member with partial status To be absent for a maximum of eight hours without interruption, c - To use official documents, tools, equipment and the like belonging to the state or revolving fund to gain private benefit, d - To lie and make false statements to the people he is responsible for in matters related to his duty, e - To verbally disrespect his superior while on duty. f - Assisting in the unauthorized use of any place within the boundaries of the place of duty for meetings, ceremonies and similar purposes, g - Leaving the borders of the province in which one resides without permission, h - Making a collective application or complaint, i - Having the reputation and reputation required by the official title he/she carries within the service. Acting in a manner that would undermine the sense of trust, j - Keeping any prohibited publications that are not related to scientific expertise at the place of duty,k - To leak or disseminate the conversations made and decisions taken in university organs, except for official authorities, in order to cause behavior in favor or against the organ or members, even though there is no authority, Attempting to directly or indirectly gain any illegal benefit from an organization, m - Tearing, tearing, altering, slandering or polluting the announcements, programs and the like posted by the order or permission of the university administrator, n - Falsifying or falsifying the documents given in line with his/her duty. Using documents obtained or having others use them, o - Using or helping to use any place within the borders of the university and its affiliated units for purposes other than the purposes of the service without the permission of the competent authority, p - Using motor vehicles belonging to the state or revolving fund for private purposes, r - When called or assigned Not attending meetings without an acceptable excuse, Suspension of Progression in Rank: Article 9 - Acts and situations that require the punishment of suspension of rank advancement are as follows: a - For faculty members who have been on duty for 3-9 days without permission or with an excuse accepted by the institutions, or in partial status, without permission or an excuse accepted by the institutions. Being absent for 12-36 hours, c - Providing benefit in any way related to his duty, d - Performing humiliating or humiliating acts and actions towards his superior and his entourage, e - Not visiting any place within the boundaries of his place of duty for meetings, ceremonies or similar activities. To use or cause to be used for unauthorized purposes, f - To prepare untrue reports or documents, g - To give information or statements on official matters to the press, news agencies or radio and television institutions without authority, except for scientific discussions and statements, h - To carry on business or in a partial status To engage in other profitable activities prohibited for Civil Servants, apart from the opportunities granted by the Higher Education Law No. 2547, i - To discriminate against language, race, gender, political thought, philosophical belief, religion and sect in the performance of their duties, to engage in behavior that targets the benefit or harm of individuals, j - Not declaring assets in specified situations and periods, k - Disclosing information that is prohibited to be disclosed, l - Insulting or threatening one's superior, entourage, colleagues or business owners, m - Deliberately not carrying out assigned duties and orders,n - Engaging in actual activities for the benefit or detriment of any political party, o - Not returning the official documents, equipment and laboratory materials related to the duty, even after the end of the duty and despite being requested in writing by the institution, or not completing the handover on time, p - Directly or through an intermediary. Asking for gifts and accepting gifts for the purpose of gaining benefits even if not on duty, or asking for or receiving loans from business owners or students, r - Acting in violation of the programs of higher education ceremonies or encouraging or provoking others to do these actions, s - Related to duty within the university without permission from the authorities posting illegal advertisements or making incentives, t - Attempting actions such as boycott, occupation, slowing down work that are not for political and ideological purposes, or engaging in behavior that will disrupt public services, u - Holding on-site meetings, giving speeches or conferences, concerts, performances without permission from university administrators , organizing ceremonies, open sessions and similar activities, v - Using force and violence to remove staff or students from the workplace, prevent them from performing their duties, or encourage or force students to engage in such behavior. Considering Retired from Duty: Article 10 - Acts and situations that require the penalty of being considered resigned are as follows. a - Becoming a member of any association, other than public interest associations, without the written permission of the Rector, b - Not starting the assigned duty within 15 days without permission or a valid excuse, c - Leaving the duty for 10 uninterrupted days without permission or an excuse accepted by the institution. , for those with partial status, to be absent from duty for 40 hours or more without interruption, d - Not to attend the meetings of the board of which he is a member twice in a row without permission or excuse, or three times in total within a year, Dismissal from University Teaching Profession or Public Service: Article 11 - (Amended:OG-07/11/1998-23516) Penalty of dismissal from university teaching profession for those who commit the following disciplinary offenses in paragraph (a), dismissal from public office for those who commit the following in paragraph (b): penalty is given. Those who are sentenced to dismissal from public service are also dismissed from the university teaching profession. a) Acts and situations that require the penalty of dismissal from the university teaching profession are as follows. 1) To undertake a paid or unpaid official or private job, to take on an additional duty or to perform a freelance profession in a place other than higher education institutions, except for those whose work is permitted by the authorized bodies of the higher education institution and its parent organization in accordance with the provisions of the Higher Education Law No. 2547 or other laws, 2 ) To prevent the conduct of educational activities such as lectures, seminars, conferences, laboratories, graphic studies, exams, or to participate in actions to be taken for this purpose in any way, 3) To represent all or part of another's scientific work or study as one's own work without specifying the source. . b) Acts and situations that require the penalty of dismissal from public office are as follows.1) To take action aimed at changing or eliminating any of the characteristics of the Republic; Disturbing the peace, tranquility and working order of institutions by taking actions for ideological, political, destructive or separatist purposes or by supporting these actions; Participating in actions such as boycott, occupation, obstruction, work slowdown and strike, or not coming to duty collectively for these purposes, provoking and encouraging them, providing aid, 2) All kinds of prohibited publications or political or ideological declarations, posters, banners, tapes and Printing, reproducing, distributing similar ones, or writing, depicting and hanging them in the workplace or on objects in the workplace, displaying them or making verbal ideological propaganda, 3) Without permission or an excuse acceptable to their institutions, 20 days of duty for those with permanent status in total within a year. Not coming, showing 80 hours of absence for those with partial status, 4) Not fulfilling the duties or orders given by their superiors in matters related to war, state of emergency or general disasters, 5) Violating their superior, their entourage, colleagues or students, 6) Public service or teaching To engage in disgraceful and embarrassing behavior that is incompatible with his/her status as a member of staff, 7) Disclosing secret documents without authorization, 8) Hiding those wanted for political and ideological activities at the place of duty, 9) Engaging in attitudes and behaviors abroad that would lower the reputation of the State or damage the dignity of duty, 10) Committing acts contrary to the Law No. 5816 on Crimes Committed Against Atatürk, 11 ) Being a member of illegal organizations, carrying out activities in these organizations or providing assistance, 12) Encouraging or provoking university students or members to commit a disciplinary offense that will disrupt the work of higher education institutions, 13) Using drugs, 14) Searching at the workplace or affiliated places , confiscating anyone's belongings, deliberately opening their mail, etc., inciting others to do so, or taking part in such actions, 15) Threatening a person or group to organize or participate in an act that is considered a crime, or to make a false statement or lie. To force or incite to force to show evidence or to bear the blame.
16) (Added:OG-25/11/2001-24594) Not declaring assets in order to hide the assets acquired unjustly and to mislead the institution, or making false declarations of assets for the same purpose, acquiring property unjustly, in case of inconsistency between assets and income. Not being able to explain the source of its existence. Unforeseen Disciplinary Offenses: Article 12 - The same type of disciplinary penalties are given to those who commit similar acts and situations in terms of nature and severity to the acts and situations listed above that require disciplinary punishment. Failure to Apply the Term Suspension Penalty: Article 13 - In cases where it is not possible to impose the penalty of suspension of the progress of the manager, faculty member, civil servant or other personnel based on their salary grade and level, ¼ - ½ of their gross salaries will be deducted depending on the severity of the act and in case of repetition, they will be dismissed from their duties. is terminated. Consequences of Suspension Penalty: Article 14 - While the progress of faculty members, administrators, civil servants and other personnel who receive the suspension of grade progression penalty is suspended for the duration of the penalty period, the procedures regarding the academic promotion and appointment of the faculty member are also suspended for the duration of the penalty and the compulsory waiting period is terminated. is dropped. Civil servants cannot take competitive exams and auditions during this period. Repetition of Disciplinary Offense: Article 15 - If an act or situation that has given rise to a disciplinary penalty is repeated within the period for deletion of the penalty from the record, a severe penalty will be imposed. In the third application of disciplinary punishments given for separate acts or situations that require the same degree of punishment, a degree of severity is given. Evaluation of Good Conduct: Article 16 - A milder penalty may be imposed on administrators, faculty members, civil servants and other personnel whose work has been positive during their past service and who have a good or very good record.
CHAPTER IIIDisciplinary Investigation Chief Authorized to Investigate: Article 17 - The chief authorized to investigate disciplinary offenses are the sequential disciplinary superiors. When the Disciplinary Chief has personal or indirect information about the disciplinary offense, he can conduct the investigation himself or have it done by appointing an investigator. The President of the Council of Higher Education, superior organizations and all higher education institutions; Rector, the entire university, Dean, the entire faculty; The director of the institute or college is the disciplinary chief of all officials at all levels of the institute or college and can initiate or have a disciplinary investigation initiated against them ex officio. Head of Department; Heads of departments of science, art, science or art submit disciplinary investigation requests related to their field of duty to the nearest disciplinary supervisor. This request shall be implemented without delay. If investigators are appointed among faculty members, they must have the academic title of the defendant or a higher academic title. In investigations against managers, title equality or superiority is sought. In a disciplinary case in which the superior disciplinary chief has initiated or has initiated an investigation, the lower disciplinary chief cannot conduct or have an investigation carried out separately. If there is an investigation that has already been opened, these are combined with the investigation file opened or opened by the superior superior.Investigation About Rectors Article 18 - (Amended:OG-31/12/1987-19681) Opening an investigation about rectors is possible with the decision of the President of the Council of Higher Education. This investigation is carried out by members of the Higher Education Supervisory Board. Warnings, reprimands and salary cuts for rectors are given by the President of the Council of Higher Education. (Amended last sentence: 18/9/1996-22761) For other penalties, the decision of the High Disciplinary Board is mandatory. Statute of Limitations: Article 19 - Starting from the date on which the authorities authorized to investigate learned that these acts and situations were committed against those who committed the acts and situations that constitute a disciplinary offense listed in this regulation; a - For the penalties of warning, reprimand, deduction from salary and suspension of promotion, a disciplinary investigation is initiated within one month. b - For the penalty of dismissal from civil service, a disciplinary prosecution is initiated within six months. If not initiated, the authority to impose a disciplinary penalty becomes statute of limitations.(Amended paragraph:OG-04/11/1989-20332) If disciplinary punishment is not finally imposed within two years from the date of committing the acts and situations that require disciplinary punishment, the authority to impose punishment expires. Conducting Criminal Prosecution and Disciplinary Prosecution Together Article 20 - The initiation of criminal prosecution against administrators, faculty members, civil servants or other officials due to the same incident does not delay the disciplinary prosecution. Whether or not the defendant is convicted under the Criminal Code does not prevent the imposition of disciplinary punishment. The disciplinary investigation or its results do not affect the criminal investigation. Effect of Displacement: Article 21 - The fact that the defendant has changed his/her superior institution, Higher Education Institution or status after the disciplinary offense, or has left the institution, prevents the initiation of a disciplinary investigation by the higher education institution or superior institution to which he/she was affiliated at the time of the crime, its completion if it has started, and the imposition of disciplinary punishment when necessary. Impossible.Investigation Period: Article 22 - If the investigation is carried out by appointing an investigator, the investigation decision is notified to the investigator without delay. The investigator completes the investigation within two months from the date of notification of the decision. If the investigation is not completed within this period, the investigator requests additional time with justification. If the disciplinary supervisor grants additional time, he/she reports the situation to the higher disciplinary supervisor.Method of Conducting an Investigation: Article 23 - The investigator may listen to witnesses, make discovery and apply to an expert, or may have these done by letter rogatory when necessary. Each investigation process is recorded in a report. The minutes are prepared to indicate where and when the transaction took place, the nature of the transaction, who participated, and if a statement was taken, the questions and answers, and it is signed by the investigator, the clerk and the person who testified or those who were present during the discovery or the document custodians. In the rogatory instruction, the witness's identity, address and similar explanatory information are clearly stated. The questions to be asked are determined carefully. It is stated that the witness must be sworn in and the new form to be sworn is also written. All personnel of Higher Education Institutions or other public or private institution officials are obliged to provide all information, files and other documents requested by disciplinary investigators without any delay and to provide the assistance requested. A disciplinary investigation will be initiated against those who act contrary to paragraph 2 of this article or delay or cause a disciplinary investigation.
Right to Defense: Article 24 - Disciplinary punishment cannot be given without a defense. Those who do not make their defense within the period given by the investigator or the disciplinary board, which is not less than seven days, or on a specified date, are deemed to have given up their right to defend. In the letter sent to the defendant, it is stated that the act for which a disciplinary investigation has been initiated is determined and that if he does not make his defense within the specified time, he will be deemed to have given up his defense. Investigation Report: Article 25 - A report is prepared when the investigation is completed. The report summarizes the approval of the investigation, the start date of the investigation, the identity of the person being investigated, his official capacity, criminal matters, the stages of the investigation, the evidence, and the defense received. Each crime item is analyzed separately, it is discussed whether the crime is proven according to the evidence, and the punishment to be applied is proposed. If any, the original or copies of the document are attached to a series of ballots and added to the report. The report is submitted to the approval authority without delay.CHAPTER IV Suspension from Duty: Definition: Article 26 - Suspension from duty is a precautionary measure taken against administrators, faculty members, civil servants and other personnel of higher education institutions and higher education institutions, in cases where it is deemed necessary for the State public service to remain on duty. Suspension measures can be taken at any stage of the investigation.
Authorities: Article 27 - The authorities for dismissal are as follows: a - Chiefs authorized to appoint, b - (Repealed:OG-29/11/1995-22478) In order for rectors to be suspended from office, the decision of the Higher Education Executive Board is required. All dismissal decisions are notified to the superiors authorized to appoint and to the Council of Higher Education. Responsibility of the Dismissing Official: Article 28- It is mandatory to initiate an investigation into those who are dismissed within 10 business days following the dismissal. Failure to initiate an investigation within the prescribed period after dismissal; Officials who are found to have taken this action arbitrarily or out of spite or spite, as a result of the investigation, are subject to legal, financial and criminal liability.Rights and Obligations of Those Suspended from Duty: Article 29 - Those who are suspended from duty shall be paid two-thirds of their salaries during this period. Such people continue to benefit from the social rights and benefits provided by law. In the event of the situations listed in Article 31 of this regulation, one-third of their salaries will be paid to them, and the time they spend away from duty will be used in the advancement of their grades, and the part of this period that exceeds the minimum waiting period required for promotion to a higher grade will be deducted from this grade. It is evaluated by being made and counted as the waiting period required for academic promotion. Removal of the Measure: Article 30 - At the end of the investigation, the authorities in Article 27 may take the measure of removal from office, except for the recommendation of dismissal from the university teaching profession or public office; Those who are suspended by the members of the Higher Education Supervisory Board are immediately removed by the Presidency of the Council of Higher Education. The provision of Article 28 shall apply to the officer who does not lift the suspension measure.Situations Where Resumption of Duty Is Necessary: Article 31 - Those who, although a measure of dismissal has been taken, are given another disciplinary penalty by the competent authority or authorities at the end of the investigation without being dismissed from the university teaching profession or public office, and those whose disciplinary prosecution has been annulled by amnesty before the criminal decision, upon the finalization of these decisions. or if the measure lasts three months, they will be immediately reinstated. Discretion of the Chief: Article 32 - The measure of dismissal may be lifted at any time as stated in Article 30, in cases where the acts subject to investigation do not prevent the continuation of service. CHAPTER V Disciplinary Punishment Chiefs and Boards Authorized to Give Disciplinary Punishment Article 33 - (Amended:OG-29/11/1995-22478) Chiefs and Boards authorized to give disciplinary punishments are as follows: a - Warning, reprimand and salary deduction penalties are given by the disciplinary chiefs. b - The punishment of suspension of promotion is given by the superiors authorized to appoint after the decision of the disciplinary board of the institution to which the officer is affiliated, and for deans, this punishment is given by the decision of the High Disciplinary Board upon the proposal of the disciplinary chief. c - Penalties for dismissal and dismissal from management are given by the superiors authorized to appoint after the decision of the Disciplinary Board is taken, and for deans, these penalties are given by the decision of the High Disciplinary Board upon the proposal of the disciplinary chief. d - The penalty of dismissal from the university teaching profession or public service is given by the decision of the High Disciplinary Board, upon the request of the disciplinary superiors.Disciplinary Committees: Article 34 - In disciplinary committees, associate professors and assistant professors cannot participate in discussing issues related to professors, assistant professors in discussing issues related to associate professors, and relevant members cannot participate in discussing issues related to themselves. For this reason, if the Board cannot be formed, a higher board is in charge. In case people of different degrees commit a crime together, the investigation procedure and the disciplinary board in charge are determined according to the higher-level defendant. Meeting of the Boards: Article 35 - The boards meet at the place, day and time to be determined upon the call of the chairman. Organizing the Board's Work: Article 36 - The chairman ensures that the meeting agenda is prepared, announced to the relevant parties, and the board's work is carried out regularly.Meeting Quorum Article 37 - The meeting quorum of the General Assembly of Higher Education, as the High Disciplinary Board, is fourteen people, and the meeting quorum of the Executive Board is six people. The meeting quorum of other disciplinary boards is more than half of the total number of board members. Rapporteurship: Article 38 - The duty of rapporteur in the boards is carried out by the member appointed by the president. The rapporteur member completes the review of the file to be referred within 5 days at the latest. Discussion Procedure: Article 39 - After listening to the rapporteur's explanations, the matter will be discussed in the Board. If the Board deems necessary, it may also listen to the investigators. When the issue is clarified and the deliberations are concluded to be sufficient, a vote is taken and the decision is announced by the chairman.Voting Article 40 - In Disciplinary Committees, each member is responsible for casting his/her vote by accepting or rejecting. Abstaining votes are not allowed. Decisions are taken by the absolute majority of those attending the meeting. The President casts his vote last in the voting. In case of equality of votes, the side with the chairman is considered the majority. The summary of the decision is determined by a report signed by the members. Decision Article 41 - The Disciplinary Board and the High Disciplinary Board do not have the authority to determine a separate penalty, they accept or reject the penalty. In case of refusal, the superiors authorized to appoint are free to impose another disciplinary penalty. Decision Period: Article 42 - Disciplinary superiors must issue warnings, reprimands and salary cuts within 15 days from the day the investigation is completed. In cases where the penalty of suspension of promotion is required, the investigation file is submitted to the competent disciplinary board within 15 days to notify its decision. The disciplinary board submits its decision based on the investigation documents within 30 days from the date of receipt of the file. The file regarding the investigation carried out by the disciplinary superiors for the penalty of dismissal from the university teaching profession or public service is decided by this board within a maximum of six months from the date of its submission to the High Disciplinary Board.Decision Procedure of the High Disciplinary Board: Article 43 - In examining the files submitted to it, the High Disciplinary Board may, if it deems it necessary, examine the registry file and all kinds of documents of the person concerned, obtain information from the relevant institutions, hear sworn witnesses and experts or have them heard on behalf of the person, conduct a local investigation or have them made. is authorized. Those who are subject to a penalty of dismissal from the university teaching profession or civil service, have the right to examine the investigation documents, excluding the registry file, to have witnesses heard, and to defend themselves orally or in writing before the disciplinary board, through themselves or their representatives. Writing of Decisions Article 44 - Decisions are written by the rapporteurs within 15 days at the latest from the date of their decision, stating that they were given with reasons and unanimously or by majority. It is signed by the president and members. Those who disagree write their reasons and sign.Notification of Decisions to the Person Relevant Article 45 - Disciplinary penalties given by superiors authorized to impose penalties are given by these superiors; The penalties imposed by the disciplinary boards are notified to the relevant parties within ten days at most following the completion of the signatures of the decisions by the Presidencies of these boards. In case of penalties given by the superiors authorized to impose penalties based on the decisions of the disciplinary board, these decisions are also added. During the notification of the disciplinary penalty, the objection procedure and deadline are reminded in writing. CHAPTER VI Implementation and Objection Implementation Article 46 - Disciplinary penalties take effect from the date they are given and are implemented immediately. The penalty of deduction from salary is applied at the beginning of the month following the date of the penalty. Disciplinary penalties given are reported to the registrar, the penalty for dismissal from the university teaching profession is reported to all university rectorates, and the penalty for dismissal from public office is also reported to the State Personnel Office.Objection Article 47 - (Amended paragraph: 18/9/1996-22761) Objection against disciplinary punishments given by disciplinary superiors or disciplinary committees can be made to a higher disciplinary superior or disciplinary committees. Administrative legal action may be taken against the disciplinary penalties stated in this regulation. Objection Period and Action to be Taken Article 48 - The deadline for objections to disciplinary penalties given by disciplinary superiors and disciplinary boards is 7 days from the date of notification of the decision to the relevant person. Disciplinary penalties not objected within this period become final. In case of objection, the objection authorities may review the decision and accept the sentence as it is, or they may mitigate the penalty or revoke it completely. The objection authorities are obliged to make their decisions within 30 days from the receipt of the objection petition and the decision and its annexes. (Amended paragraph:OG-10/12/1987-19660) The suspended penalties are deleted from the record.Deletion of Disciplinary Penalties from the Register After a Period Article 49 - Disciplinary penalties are recorded in the register. Those who have been sentenced to a disciplinary penalty other than dismissal from the university teaching profession or public service may apply to the superior authorized to appoint them 5 years after the imposition of warning and reprimand penalties, and 10 years after the imposition of other penalties, and request that their penalties be deleted from the registry file. If the behavior of the person punished within the periods stated above is deemed to justify this request, it is decided to fulfill the request and this decision is recorded in the registry file. In deleting the penalty of suspension of promotion from the record, the provision of the above paragraph shall be applied after obtaining the opinion of the disciplinary board. CHAPTER VII Miscellaneous Provisions Keeping of Records Article 50 - The disciplinary investigation initiated is written on separate pages of a book with page numbers pre-numbered and the number of pages recorded at the end. All phases of the investigation are recorded in this notebook. General secretaries or secretaries are responsible for keeping the ledger.File DeliveryArticle 51 - Disciplinary investigation files 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. Form of Correspondence Article 52 - Correspondence with individuals is made via registered mail. If the document is delivered by hand, the signed document will be kept in the file. In other matters, the provisions of the Notification Law No. 7201 apply. Article 53 - This Regulation shall enter into force on the date of publication in the Official Gazette. Execution Article 54 - This Regulation is enforced by the President of the Council of Higher Education. *** Provisional Article 1(1) - Previously in force penal provisions regulating these issues shall apply to acts and situations that require disciplinary punishment and were committed before the date of entry into force of this Regulation. The provisions regarding limitation periods for initiating disciplinary proceedings in Article 19 of this regulation do not apply to acts and situations committed before the entry into force of this regulation. However, transactions regarding acts and situations committed before the publication of this regulation shall be concluded within two years from the date of publication.
Provisional Article 1(1) - The provisions of this Regulation shall apply to investigations that were opened and not resolved before the effective date of this Regulation amendment. Provisional Article 1(1) - The provisions before the amendment shall apply to investigations that have been opened and have not yet been decided due to an act committed before the effective date of this Regulation. However, the provisions of this Regulation that are in favor of personnel are applied to investigations that have been opened before but have not yet been decided. _______________________ (1) These are the temporary articles of the regulations that amend this Regulation.5375 (1) Initial investigation: For the President of the Council of Higher Education, by a board of at least three members consisting of members of the Council of Higher Education, in a meeting chaired by the Minister of National Education, in which he is not present. For others, by the President of the Council of Higher Education or other disciplinary authorities, directly or by an appropriate number of investigators appointed by them. If an investigator is appointed among faculty members, they must have the academic title of the faculty member about whom the investigation will be conducted or a higher academic title. (2) Whether or not the final investigation will be opened; a) 2nd Chamber of the Council of State regarding the President and members of the Council of Higher Education and the President and members of the Higher Education Supervisory Board, b) A three-person board consisting of members of the Council of Higher Education for university rectors, vice-rectors and general secretaries of higher institutions,
c) A three-person board consisting of university, faculty, institute and college board members, faculty deans and vice deans, institute and college directors and assistants and university general secretaries, chaired by the rector and vice rectors appointed by the rector, d) A three-person board to be formed among the university board members regarding faculty members, faculty, institute and college secretaries, e) The locally authorized provincial administrative board decides on civil servants subject to the Civil Servants Law No. 657. f) Principal and substitute members to be appointed to the boards to be formed by the Council of Higher Education and the university boards of directors are elected for one year. It is possible for those whose terms have expired to be re-elected. (3) The committees that will decide whether or not to open a final investigation meet with the full number of members. Members who have made the initial investigation and members about whom a decision will be made cannot participate in the committees. The deficiencies are completed with substitute members. In other matters, the provisions of Article 61 of this Law apply.(4) Objection to the necessary judicial decision given in the 2nd Chamber of the Council of State regarding the President and members of the Council of Higher Education and the Higher Education Supervisory Board and the spontaneous review of the decisions prohibiting judicial proceedings belong to the Administrative Affairs Board of the Council of State. The objections made by the relevant parties to the necessary hearing decisions given by other boards and the prohibition of hearing decisions are automatically reviewed and decided by the 2nd Chamber of the Council of State. The trial of the President and members of the Council of Higher Education and the Higher Education Supervisory Board, the need for which has been finalized, belongs to the relevant criminal chamber of the Supreme Court of Appeals, the appeal review belongs to the General Criminal Assembly, and the trial of other officials belongs to the courts of justice where the crime was committed. (5) In case people of different statuses commit a crime together, the investigation procedure and the competent jurisdiction are determined according to the higher rank in terms of duty. (6) The above-mentioned criminal prosecution procedure shall be applied in the criminal investigation to be carried out against the President of the Council of Higher Education and the rectors for their crimes falling within the scope of Law No. 1609 on Prosecution and Trial Procedure for Civil Servants and Their Accomplices for Certain Crimes. For all officials other than these, the provisions of the Law No. 1609 on Prosecution and Trial Procedure for Civil Servants and Their Accomplices Due to Certain Crimes apply. The permission required for legal prosecution for crimes falling within the scope of the Law No. 1609 on Prosecution and Trial Procedure for Civil Servants and Their Accomplices for Certain Crimes is granted to the members of the Council of Higher Education and the Higher Education Supervisory Board.
5376 It is taken from the President of the Council of Higher Education for the President and members of the Processing Board and the officers of these institutions (including the officers of the Interuniversity Board), and from the university rectors for the university administrators, faculty members and civil servants. (7) Crimes committed for ideological purposes with the aim of destroying the fundamental rights and freedoms stated in the Constitution, the indivisible integrity of the state with its territory and nation, or the Republic based on the distinctions of language, race, class, religion and sect, the characteristics of which are specified in the Constitution, and crimes related to these, directly or indirectly violate the freedom to learn and teach. The above-mentioned procedures are not applied in cases of boycott, occupation, obstruction, encouragement and provocation, crimes related to anarchic and ideological events that indirectly restrict, disrupt the peace, tranquility and working order of institutions, and in cases of red-handed crime that require heavy punishment; In these cases, the Public Prosecutor directly carries out the prosecution. (8) For matters not included in this Law, the provisions of the Law on Civil Servants' Prosecution dated 4 February 1329 apply.