YEDITEPE UNIVERSITY FACULTY OF DENTISTRY
STATUTES AND REGULATIONS
DISCIPLINARY REGULATIONS (DISCIPLINARY CODE)
STUDENT DISCIPLINARY REGULATIONS FOR INSTITUTIONS OF HIGHER EDUCATION
PART 1 -General rules Aim-Content- Legal Basis
PART 2- Disciplinary punishments and crimes
Disciplinary punishments- Disciplinary crimes that require detention and warning - Disciplinary crimes that require condemnation- Disciplinary crimes that require suspension from the higher education institution for a period between 1 week and 1 month. Disciplinary crimes that require suspension from the higher education institution for a period of 1 or 2 semesters- Disciplinary crimes that require expulsion from the higher education institution.-Unforeseen disciplinary crimes- Repetition of disciplinary crime.
PART 3- Disciplinary investigation
(No: 23358 May 31,1998) Authorized directors in charge of investigation - Duration of investigation–Method of investigation -Right of defense –Investigation report -Providence during investigation– Simultaneous execution of punishment and discipline -Termination of investigation- Directors and boards authorized to give diciplinary punishment –Meeting of the disciplinary board Organization of Board studies -Quorum of meeting -Rapporteurship– Method of interview– Voting–Decision–Decision period -Important considerations during disciplinary punishment .
PART 4- Application and notification of objection punishments-
Objection and duration and administrative judgement ways-lapse of time
PART 5- Various rules
Notification and address declaration- Delivery of files- Method of correspondence- prohibitions- rules- Abolition-Execution
PART 1 General rules Aim
Article 1- These regulations have been organized for the indication of disciplinary punishment rules and provisions to be given to those students who do not fullfill requirements set by laws, bylaws, regulations and instructions within and outside the premises of the Institution of Higher education, who do not obey necessary rules, who participate in prohibited activities and who perform actions that do not comply with studentship attributes, honors and dignity.
Article 2- These regulations indicate the disciplinary crimes and penalties, disciplinary directors authorized to give these penalties, disciplinary boards and investigations, objections to disciplinary penalties and methods and essentials for the execution of these penalties.
Article 3- The 54th item and a/9 clause of the 65th item of the Law of Higher Education no. 2547 comprises the legal basis of these regulations.
The meaning of each term is indicated below:
Higher education institutions :
Universities, faculties, academies, conservatories, vocational schools and practice and research centers
Student: Individuals who receive associate degree, license, master, PhD or proficiency in medicine or art education in a higher education institution.
Expulsion from an institution of higher education: Meaning that the student will be prohibited from entrance to the building, campus, surroundings and facilities of the Higher Education institution he or she is enrolled.
Disciplinary crimes and punishments
Article 5: Disciplinary crimes are listed as follows:
a) Detention (Warning): This is the written notice by which the student is informed about being more careful and cautious about studentship responsibilities and behavior.
b) Condemnation: This is the written notice given to the student to inform him/her that he is regarded as deficient in terms of studentship responsibilities and behavior.
c) Suspension from the Higher Education Institution for a period between 1 week and 1 month.
e) Suspension from an Insititution of Higher Education for 1 or 2 semesters.
This is the written notice to inform the student that he/she is suspended from the Institution of Higher Education for 1 or 2 semesters and will not benefit from studentship rights during this period.
f) Expulsion from an Institution of Higher Education:
This is the written notice to inform the student that he/she has been expelled from studentship without the further possibility of being accepted to another institution of higher education.
Disciplinary crimes requiring detention
Article 6- Deeds and conditions requiring a detention are as follows:
a) Attitudes and behavior that do not comply with the studentship dignity.
b) Crude and disrespectful behavior in human relationships, shouting, giving disturbance to other people, singing, playing instruments, being noisy and failure in keeping the environment clean.
c) Failure in answering questions asked by authorities on time without a justified reason.
d) Occupying seats designated for academic personnel and guests during meetings and ceremonies.
Disciplinary crimes requiring condemnation
Article 7- Deeds and conditions requiring condemnation are as follows:
a) Exercising behavior that disrupts the feeling of reputation and trust required by the studentship title.
b) Writing on the walls and fixtures of the Higher Education Institution, drawing signs, pictures, figures etc.
c) Presenting incomplete and falsified information to the authorities of the Higher Education Institution or not giving any information when required.
d) Posting advertisements to sites other than those specified by the authorities of the Higher Education Institution.
e) Disrupting the order of studies such as courses, seminars, practicalstudies, workshops and conferences.
f) Participation to activities of the Higher Education Institution such as courses, seminars, conferences, practical studies in a drunken condition.
g) Gambling or enthusing others to participate in gambling activities.
h) (28.12.1989/20386) has been abolished.
Deeds and conditions requiring suspension from the Higher Education Institution, for 1 week to 1 month period.
Article 8- Deeds and conditions requiring suspension from the Higher Education Institution for a period between 1 week and 1 month are as follows:
- b) Direct or indirect inhibition of learning and teaching freedom, participation of acts that disrupt silence, peace and working order in Institutions of Higher Education.
- c) Participation in actions that impair the order and program of ceremonies.
- d) Participating in political acts within the Institution of Higher Education.
- e) Insisting on occupying seats designated for academic staff in meetings and ceremonies in spite of previous warning.
- f) Prevention of disciplinary prosecutions to proceed in a healthy way.
- g) Distribution of notices, posters or pancartes inside the Institution of Higher Education.
g) Giving out a beneficial certificate granted to him/her by the Institution of Higher Education to another person or using a similar certificate belonging to another person.
h) Writing immoral inscriptions, drawing or sticking pictures on fixtures, walls, doors etc.
i) Tearing, removing, changing, scribbling or messing up notices or programs posted by the permission of the Institution of Higher Education.
Article 9- Deeds and conditions requiring suspension from the Higher Education Institution for a period between 1 or 2 semesters are as follows:
a) Threatening administrative staff and other members of the Higher Education Institution, written or verbal insult towards their dignity.
b) Speaking or publishing aggressively against the personalities and decisions of administrators of higher education, provoking students against them or attempting similar activities individually or collectively.
c) Attempting actions such as riot, invasion, prevention apart from political or ideological purposes or exhibiting behavior that disrupts the services of the Institution of Higher Education.
d) Participating in actions which result in polarization in terms of language, race, color, religion or doctrine.
e) Practicing assult towards institutional personell and fellow students.
f) Writing political inscriptions, sticking pictures, pletes, logos etc. on fixtures, doors, walls and similar places.
h) Consumption of alcohol within the premises of the Institution of Higher Education.
i) Provoking students or other individuals to participate in an act that would disrupt the studies and education in the Institute of Higher Education.
j) (Nov.15 1990/20696) Organization of or participating in meetings in open or closed areas belonging to the Institute of Higher Education, without getting permission from authorities, making declarations using student representative title when in reality no such representation authority exists.
k) Entrance to the buildings of the Institution of Higher education when prohibited, damaging or destroying buildings.
l) Preservation, duplication and distribution of all kinds of published material prohibited in the Law of Higher Education.
m) (Nov 15, 1990/ 20696) Cheating, making others cheat, or attempting these kinds of acts. Deeds and conditions requiring expulsion from the Institution of Higher Education
Article 10- Deeds and conditions requiring expulsion from the Institution of Higher Education areas follows:
a) Forcing staff and students to leave the Institution using violence, prevention of duties or forcing students to participate in these types of actions.
b) Disrupting the higher education institution’s working peace and order with ideological and political purposes or participating in activities such as riots, invasion, prevention and deceleration of the work of the personnel and provoking activities serving these purposes.
c) Keeping and distributing political or ideological posters, pancartes, bands etc. within the Insititution of Higher Education. Writing and exhibiting political inscriptions on higher education institution’s properties. Performing written or verbal ideological propaganda.
d) Forcing an individual or group to organize or participate in a criminal action, to make falsified declarations or show forged evidences or taking over a crime.
e) Participating in illegal organizations, taking actions on behalf of these organizations or helping them.
f) Using, carrying, keeping or trading narcotics.
g) Having been punished for offenses commited against the identity of the nation.
h) Acting contrary to the no 6136 law regarding firearms, knives and other weapons and carrying guns, bullets, knives and other defense weapons, explosives , keeping them within the Institution of Higher Education or having been convicted for these crimes previously.
i) Establishing open or secret organizations or societies within the premises of the Institution of Higher Education, without permission.
j) Cheating by threatening during examinations, preventing cheating students from being expelled from the classroom, having other individuals enter examinations on behalf of him or her or participating examinations on behalf of others.
k) Prevention of work related with disciplinary prosecutions or performance of the disciplinary committee by threatening and violence.
l) Rape and violence
m) Hiding or accomodating people searched by Security Forces.
n) Prevention of entrance to classrooms or courses or the conduction of exams, forcing or provoking students to leave the classroom during a course.
o) Tormenting an individual or a group or stimulating such an action for any reason.
p) Exhibiting behavior and attitude that disrupts flag ceremonies or exhibiting deliberate disrespectful behavior during the ceremony.
Unforeseen disciplinary crimes
Article 11- Similar punishments are given to those who exhibit similar behavior and actions both qualitatively and quantitatively to the aforementioned deeds requiring disciplinary punishment.
Repetition of the disciplinary crime
Article 12- The repetition of a deed or act requiring disciplinary punishment during the studentship period necessitates 1 level higher penalty. One level higher penalty is given in the third repetition of the disciplinary deeds or actions requiring the same penalty.
(May 31, 1998/23358) Authorized superiors for investigation
Item 13- Authorized superiors for investigation
a) University rector, for student deeds in common premises and areas and/or group actions
- b) The Faculty Dean, for disciplinary crimes commited by Faculty students.
- c) The director of the institute, for disciplinary crimes commited by the institute students.
- d) The director of the conservatory, for crimes commited by the conservatory students.
Authorized superiors for investigation may conduct this process in person or they can assign an investigator or investigators.
For group actions or persisting actions, an examination and investigation Council is formed consisting of the academic staff of the Faculty , institute, vocational school or conservatory , under the presidency of the rector or vice rector. This council presents the causes of student deeds and precautions necessary to prevent their repetition as a report to the Rector.
The Council further proposes to the authorized disciplinary superiors for the penalties to be given to students whose guilts have been confirmed, such as detention, condemnation and expulsion from the Institute of Higher education between 1 week and 1 month. This proposal is presented to the University Disciplinary Council for penalties such as suspension from the Institute of Higher Education for 1 or 2 semesters and expulsion from the Faculty.
Duration of investigation
Article 14- The disciplinary investigation is inititated on the first week day following the notification about the incident. In case the investigation is conducted by the assignment of an investigator, he/she is informed about the delay in decision. The investigation is terminated within a maximum of 15 days following the date of approval.
(Feb 2, 1993/ 21484) In case the investigation is not completed within this specified period, the investigator may demand for an additional period. In case the disciplinary superior giving the investigation order finds it suitable, the period of investigation may be extended.
The Method of Investigation
Item 15- The investigator may listen to the witnesses conduct surveillance and refer to an expert or may prefer to initiate regency. Each investigation process is recorded on a proceedings list. The proceedings list is organized in such a way that it reflects the whereabouts and period of the deed, its content, participants and testimonies as questions and answers in case they have been received. It is then signed by the investigator, clerk, testifier and those present in the exploration and certificate authorities. In case of rogatory commission, clear information is indicated regarding the identity, address etc. of the witness. The witness is made to take an oath accordingly and the type of oath is recorded.
All personell of the Institute of Higher Education are obliged to present information, files and other documents and fulfill all assistance required by the investigators without any delay.
Right of defense
a) The content of the crime attributed to the student for whom a disciplinary investigation has been initiated is informed as a written document at least 3 days prior to the day of defense. In this document, the student is asked to be present on the day, hour and place for defense. In cases when it is not possible to make a notification, the subject regarding the referral of the student to the investigator for defense is announced at certain sites of the institution.
b) In the notification declared to the student, it is recorded that in case he/she has no excuse for not participating in the defense procedure, he/she is considered as relinquished from defense and a verdict will be announced based on other existing evidences.
c) A student who presents a valid excuse and who is detected as not obeying the invitation due to a compelling excuse, is given an additional period and asked to send his/her written defense in the designated time. Students under arrests are informed about submitting their defenses in a written form.
d) The 35th and 37th items of this regulation are valid for all kinds of notifications.
e) The investigation is executed in such a way that the student is able to defense him/herself appropriately. However; no opportunity can be granted to extend the period of investigation with an excuse for defense.
Article 17- A report is prepared following the termination of the investigation. In the report, the approval, date of initiation, identity, criminal subjects, stages, evidences and received defense of the invesigation process are summarized. Each item of the crime is analysed to affirm that the crime is stable and a disciplinary punishment is proposed. In case they are present, the originals or copies of the documents are added to the report with a slip. The investigation report along with the file is referred to the authority opening the investigation.
Providence during the investigation
Article 18- In case they feel necessary, the investigators may request from the authority in charge that a decision is made for the prohibition of the alleged student from entering the premises of the Institution of Higher Education. The decision of the authority is executed under these conditions.
The translocation of the student within the Institute of Higher Education or leaving the institution and the change in the location of the institution does not pose an obstacle for the initiation of the investigation, its continuation and decision making processes.
Concurrent execution of penalty and disciplinary prosecutions
Article 19- The initiation of the penalty prosecution due to the same incident does not delay the disciplinary prosecution process.
The alleged person’s conviction or non-conviction does not pose a disadvantage for the execution of the disciplinary penalty.
Termination of the investigation Article 20-
The investigation report and records are either directly terminated after the review of the dean in faculties and the director in institutes, conservatories and vocational schools or they are immediately presented to the related disciplinary board. The disciplinary Board gathers within no later than 3 days and proceeds as necessary.
In case necessary, the dean, the director or the disciplinary board in charge of examining the investigation file may request the completion of specific investigative procedures from the same investigator or a member of the disciplinary board.
Directors and Boards authorized to give disciplinary punishment
Article 21- (May 15, 1989/23358) Included in disciplinary penalties
a) Detention, condemnation and suspension from the Institution of Higher Education for a period between 1 week and 1 month, are presented directly by the dean of the related faculty or the director of the related institute, conservatory or vocational school.
b) Penalties such as suspension from the Institute of Higher Education for 1 or 2 semesters or expulsion are given by the authorized disciplinary board. The administrative boards of the university, Faculties, institutes, conservatoriers and vocational schools also function as the disciplinary boards of their own institutions.
The meeting of the disciplinary board
Article 22- The disciplinary board gathers on the scheduled day and hour and site upon the announcement of the president.
Organization of the Board’s studies
Article 23-Preparation of the meeting agenda, its announcement to the relavant parties and orderly execution of the Board’s studies are provided by the President.
Article 24- The meeting quorum of the administrative board as the disciplinary board is more than half of the whole number of Board members.
Article 25- The duty as a rapporteur is executed by the member assigned by the President. The rapporteur completes the examination of the referred file in no later than 2 days and presents it to the President.
Article 26- In the Board, the deed is discussed following the explanations of the rapporteur. In case necessary, the Board may prefer to listen to the investigators. When it is ascertained that the issue has been enlighted and discussed adequately, a voting is conducted and the verdict is announced by the President.
Article 27- Each member is responsible of giving and acceptance or rejection vote in disciplinary boards. An abstaining vote cannot be given. The verdict is decided with the absolute majority of the participants. In case the votes are equal, the side of the president is considered as the majority. The verdict summary is determined by a proceedings signed by the members.
Item 28- The authorized director for disciplinary penalties or the disciplinary board is in charge of accepting the penalty proposed in the investigation report; they can give a penalty for or against the alleged on the condition of presenting valid justifications.
Period of the verdict
Article 29- The authorized director for disciplinary penalties are obliged to make their decisions regarding detention, condemnation and suspension from the Institution of Higher Education, in no later than 5 days after the termination of the investigation.
In cases when other types of disciplinary penalties are required, the file is immediately referred to the disciplinary board. The disciplinary board is obliged to make a verdict in a maximum of 10 days following the receipt of the file.
Remarkable issues during disciplinary penalties Article 30-
a) The authorized director for disciplinary penalties and disciplinary boards take into consideration issues such as the severity of the acts and behavior constituting the disciplinary crime, the cause of action of the student, whether a previous disciplinary penalty has been given, general attitude, behavior and actions and penitence for commiting the involved deed, while making a final decision for penalty.
b) A penalty that is one-level higher is inflicted in case the student is involved in a crimeful activity within his/her Institution of Higher education along with other students from other institutions of Higher education.
c) In collective disciplinary crimes, in case the offenders cannot be detected in person, an appropriate penalty is given to each of the students constituting the group by the authorized director or boards.
Execution and objection Notification of penalties
Article 31- The penalty given at the end of the investigation is notified to the following interested parties by the authorized director:
a) The student for whom a disciplinary investigation is executed
b) To the closest family member declared by the student in case of the absence of parents.
c) Public or private institutions or individuals providing scholarship or credit for the student.
d) The Institution of Higher Education.
e) In case a discharge penalty is given, the following parties are also notified with a written document:
(1) All Higher Education Institutions
(2) Security authorities
(3)Related military departments
(4) Institute of Higher Education OSYM Regulations
Disciplinary penalties may also be declared via posting, in the Institute of Higher Education or related organizations, when necessary.
Article 32 – (Oct 26, 1993/21740) In case the date starting from which the verdicts of authorities and boards will be executed is not indicated, disciplinary penalties start on the date they are sentenced.
Objection and its duration and adjudication
Article 33- (April 25, 1993)An objection cannot be presented to a higher administrative authority for detention and condemnation penalties given by disciplinary directors and suspensions from the Institute of Higher Education between 1 week and 1 month and 1 or 2 semesters decided by disciplinary boards. Adjudication can be selected for penalties indicated in this regulation. The
student reserves the right to make an objection to the university administrative board within 15 days against verdicts regarding expulsion from the institution of higher education.
In case of objection, the university administrative board that serves as the objection authority reviwes the verdict and makes a final decision about acceptance or rejection.
In case of rejection, the disciplinary board and authorized disciplinary director makes a final decision regarding the objection, taking into consideration the justifications for rejection.
Adjudication is possible for verdicts given by the university administrative board resulting against the student.
Lapse of time
Article 34- Starting from the day that authorities in charge are informed that actions and conditions with a crimeful nature listed in these statutes and regulations have been commited by the involved students.
a) Within 1 month for penalties such as detention condemnation, and suspension from the Institute of Higher Education between 1 week and 1 month.
b) In case a disiciplinary investigation has not been initiated within 6 months for penalties such as suspension from the Institute of Higher Education for 1 or 2 semesters or expulsion, the authority for giving a disciplinary penalty undergoes a lapse of time.
In case a disciplinary penalty is not given within 2 years starting from the commitment of deeds necessitating disciplinary punishment, the authority for penalty undergoes a lapse of time. However; in cases when the disciplinary director or board requires a judiciary verdict, the lapse of time initiates on the day that the verdict is ascertained. The aforementioned requirement is detected by an interim decision taken by the authorized director or board.
Notification and address declarations
Article 35- a) All types of notifications regarding disciplinary prosecution are considered completed by written notification to the address declared by the student during registration or by being announced at the institution of higher education along with the notification certificate.
b) In case the students have not recorded the change of address they have declared during registration or they provided incorrect or incomplete address information, they may not claim that they haven’t received any notification.
Delivery of files
Article 36- Files belonging to the disciplinary investigation are delivered and received along with a slip. Signatures of the deliverer and recipient appear at the bottom of the slip.
Mode of correspondence
Article 37-Correspondences with persons are made in a reply paid manner. In case the document is delivered by hand, the signed document is kept in his/her folder.
In all other issues, the rules of the no.7201 notification law are executed, with the delivery mode in Item 35 remaining reserved.
Article 38- Confidentiality is essential during all stages of the investigation process. For those who disobey, the regulations of this statutes and regulations document or those of “The regulations for administrators, faculty staff and officials” are executed.
Article 39- “University Students Disciplinary regulation” published in the no. 1457 Official Gazette dated April 13, 1974, has been abolished.
Temporary article 1- For actions or deeds requiring disciplinary penalty commited prior to the date of implementation of these statutes and regulations, previously valid penalty rules regulating these issues are executed.
Verdicts in Item 34 related with time lapse regarding the initiation of diciplinary prosecution, can not be executed for actions or deeds commited prior to the date of implementation of these statutes and regulations. On the other hand, actions or deeds commited prior to the publication of these statutes and regulations are terminated within 2 years following publication.
Article 40- This statute is implemented on the day it is published in the Official Journal. Article 40-
Article 41- This statute is executed by the Director of Board of Higher Education.
(*) These statutes and regulations have been implemented following publication in the Official Journal no 18634, dated Jan 13, 1985.