PART NINE

DISCIPLINARY AND PENAL PROCEDURES

 

General Principles

ARTICLE 53

  1. The President of the Council of Higher Education is the disciplinary superintendent of the Council of Higher Education and of university rectors; similarly rectors, of universities; deans, of faculties; graduate school and school of higher education directors, of graduate schools and schools of higher education; secretaries-general or secretaries, of the office of the relevant units. The administrative boards of the universities as well as of their attached units function, at the same time, as disciplinary committees. Associate and assistant professors are not admitted to the meetings of disciplinary committees when the case of a professor is in question; nor are assistant professors admitted when the case of an associate professor is under discussion.

  2. Disciplinary procedures, concerning teaching faculty members and the administrative and other personnel and also responsibilities of the disciplinary superintendents, are determined by the Council of Higher Education in accordance with the procedures and principles applied to civil servants.

  3. Penal Investigation Procedures

In the case of the allegation of criminal behavior on the part of the President or members of governing bodies of higher education, the administrators of higher education institutions, full-time or part-time faculty members and personnel subject to Law No. 657 on Civil Servants, alleged to have been committed as a consequence of their duties, or while carrying out their duties, the following provisions shall apply:

  1. Preliminary Investigation

    2. The investigation is carried out by a commission composed of at least three members of the Council of Higher Education at a meeting chaired by the Minister of National Education and not attended by the President of the Council of Higher Education, when (s)he himself/herself is the subject of the said investigation. In the case of others, the investigation is carried out by the President of the Council of Higher Education or other disciplinary superiors, either directly or by delegation to investigators whose number is to be determined by them.

    Faculty members appointed to investigate the case of another faculty member must be equal in rank to, or of higher rank than, the subject under investigation.

  2. The decision as to whether a final investigation is to be conducted, is made:

  1. by the 2nd Bureau of the Council of State, in the case of the President or members of the Council of Higher Education, or members of the Higher Education Supervisory Board,

  2. by a three-member commission composed of members of the Council of Higher Education, in the case of university rectors, vice-rectors, or secretaries-general of governing bodies,

  3. by a three-member commission composed of vice-rectors, chaired and appointed by the Rector, in the case of administrative board members of a university, faculty, graduate school or school of higher education, as well as in the case of deans and assistant deans of faculties, directors and assistant directors of graduate schools or schools of higher education, or university secretaries-general,

  4. by a three-member commission composed of members of the University Administrative Board, in the case of teaching faculty members, and of faculty, graduate school, or school of higher education secretaries,

  5. by the local, provincial administrative board, in the case of other staff subject to the provisions of Law No. 657 on Civil Servants.

  6. Regular and alternate members of investigatory commissions established by the Council of Higher Education or university administrative boards are appointed for a period of one year. Appointments are renewable.

  1. Presence of full membership of the body which is to decide upon the opening of a final investigation is necessary for a meeting to take place. Members concerning whom a preliminary investigation has been conducted or concerning whom a decision is to be reached do not participate in such meetings. Missing members are replaced by alternates. The provisions of Article 61 of this law apply with regard to other matters.

  2. With regard to members of the Council of Higher Education and the Higher Education Supervisory Board, objections to a decision by the 2nd Bureau of the Council of State authorizing the commencement of a criminal action as well as decision concerning dismissal of charges are automatically reviewed by the Administrative Affairs Board of the Council of State and decided upon. Objections by those concerned to decisions by other bodies authorizing the commencement of a criminal action as well as decisions concerning dismissal of charges are automatically reviewed and decided upon by the 2nd Bureau of the Council of State. In the event that the decision to initiate a criminal action is upheld, the trial is to be conducted by the relevant criminal division of the Supreme Court and appeal proceedings to be dealt with by the General Penal Board, in the case of the President and members of the Council of Higher Education and the Higher Education Supervisory Board. For all others, the trial is to be conducted by the local courts in the place where the crime was committed.

  3. In the case of a crime jointly committed by those of different status, the investigatory procedures as well as authority conducting the trial are to be determined with respect to the suspect occupying the highest status.

  4. In the case of penal investigations concerning the President of the Council of Higher Education and rectors, with regard to crimes covered by Law No. 1609 on Procedures Governing Prosecution and Trial of Civil Servants and their Co-Defendants with Regard to Certain Felonies, the penal investigation is to be carried out in accordance with the procedures indicated above. All others shall be dealt with in according with the afore-mentioned Law No. 1609.

    5. Permission for legal proceedings to be initiated concerning members of the Council of Higher Education and the President and members of the Higher Education Supervisory Board and administrative personnel of these institutions (including those of the Inter-university Board) is granted by the President of the Council of Higher Education, while that concerning university administrators, teaching faculty members, and civil servants is granted by university rectors.

  5. In the event of the following, the procedures stated above are not to be applied, but the investigation is to be carried out by the Public Prosecutor:

    6. Ideologically-motivated crimes aimed at abolishing basic rights and freedoms stated in the Constitution, abolishing the indivisible unity of the state with its country and people, abolishing the Republic, whose characteristics are indicated in the Constitution, for reasons based on discrimination according to language, race, class, religion, or sect, as well as related crimes; crimes directly or indirectly involving restriction of the freedom of learning and teaching; crimes interfering with the peace and order of institutions; boycotts, occupation, obstruction, as well as encouragement or provocation of the same; as well as being caught in flagrante delicto with regard to major crimes requiring severe penalties.

  6. Matters not covered by this law shall be dealt with in accordance with the Law on the Trial of Civil Servants, dated 4 February 1923.