Disciplinary Code for Students of CU ****************************************************************************************** * ****************************************************************************************** Under section 36 (2) of Act No. 111/1998 Sb., to regulate higher education institutions an amend other laws (the Higher Education Act), the Ministry of Education, Youth and Sports r Disciplinary Code for Students of Charles University under ref. n. MSMT-38084/2016 on 14 D                                                                                          …                                                                                         Mg Gondková                                                                    Director of the Higher Department ****************************************************************************************** * Disciplinary Code for Students of CU of Charles University of 14 December 2016 ****************************************************************************************** Under sections 9 (1) (b) and 17 (1) (i) of Act No. 111/1998 Sb., to regulate higher educat and to change and amend other laws (“the Higher Education Act”), as amended, the Academic University has adopted the following Disciplinary Code for Students of Charles University regulation: ****************************************************************************************** * Article 1 Introductory Provision ****************************************************************************************** 1.The Code provides the details on the consideration of infringements of disciplinary rule the imposition of sanctions for such infringements, and the disciplinary proceedings . 2.Further details conformable to this Code are provided in the Disciplinary Code of each f 3.Where the Higher Education Act provides no special regulation, the decision on an infrin disciplinary rules is governed by the Administrative Procedure Code. ****************************************************************************************** * Article 2 Infringement of Disciplinary Rules and Sanctions ****************************************************************************************** 1.An infringement of disciplinary rules is an intentional breach of duties provided in leg internal regulations of the University and its units.    2.The following sanctions may be imposed on the student for an infringement of disciplinar a.admonition; b.conditional expulsion for a set time period and conditions for proving one´s disciplin period of conditional expulsion; or c.expulsion from study. 3.The following factors are taken into consideration before the imposition of sanctions: t conduct which resulted in the infringement; the circumstances of the infringement and it the extent of fault; and the previous conduct of the student in question and his efforts consequences. 4.The imposition of sanctions may be waived if the mere consideration of the infringement correction, mainly in the case of an infringement of disciplinary rules resulting from n minor infringement. 5.An admonition may be issued only for an infringement resulting from negligence or for a infringement. 6.The sanction of expulsion from study may be imposed only for a serious and intentional i of disciplinary rules. The sanction of conditional expulsion may be imposed only if the the expulsion from study were fulfilled but the infringement was not committed in a most way, and if the student has shown repentance and can reasonably be expected not to commi infringement in the future. 7.The period of conditional expulsion and conditions therefor are determined according to of the infringement of disciplinary rules; the period is not shorter than six months or three years. 8.If the student fulfils the set conditions within the period of conditional expulsion, th that he has improved his behaviour; in the contrary case, the dean decides that the sanc expulsion from study will be applied, even during the course of the conditional expulsio fails to make a decision within two months of the lapse of the period of conditional exp preceding sentence, the student is deemed to have improved his behaviour. ****************************************************************************************** * Article 3 Disciplinary Board ****************************************************************************************** 1.Any accusation of an infringement of disciplinary rules is considered by the Disciplinar faculty (“the Board”). 2.The members and alternate members of the Board are appointed by the dean from among the academic community of the faculty, subject to the approval of the academic senate of the Board elects the chairperson from among its members, and dismisses him. The dean convene session of the Board, during which the election of the chairperson will take place, with of the appointment of Board members. 3.The Board has at least six members. Half of the members are students. Two members of the and two students are the alternate members. 4.The term of office of the members of the Board is no more than two years. When establish the dean bears in mind the principle of the continuity of its activities. 5.Members and alternate members must participate in those sessions of the Board to which t If it is known that a member of the Board is not able to participate in a session, the c invites the appropriate alternate member so that the parity of composition of the Board Such alternate member has the rights and duties of a member of the Board at a session to been invited. 6.The session of the Board is presided over by its chairperson. 7.Only the members of the Board, or the secretary designated by the chairperson of the Boa present during consideration and voting. 8.The Board decides on the following questions in the given order: a.the guilt; b.whether a sanction will be imposed; and c.the type of sanction; 9.In the case of voting under paragraph 8 (c), the first vote is on the sanction of expuls In the case of the sanction of conditional expulsion from study, the Board votes on the conditions of conditional expulsion. 10The Board has a quorum if a majority of its members is present. Each member of the Board resolution of the Board is passed if a majority of present members vote for it. 11If the Board: a.fails to arrive at a decision that the student is guilty, it proposes to the dean to d proceedings; b.fails to arrive at a decision that a sanction will be imposed, it proposes to the dean imposition of a sanction; c.fails to arrive at a decision to impose the sanction of expulsion from study, it votes imposition of sanction of conditional expulsion from study; d.fails to arrive at a decision to impose the sanction of conditional expulsion from stu to the dean to impose the sanction of admonition on the student. 12A record is made of the sessions and voting of the Board. 13The Disciplinary Code of individual faculties provide further details on the number and of the members of the Board, the rules of order of the Board, and the provision of exper the Board. ****************************************************************************************** * Article 4 Commencement of Disciplinary Proceedings ****************************************************************************************** 1.Disciplinary proceedings are held at the faculty where the student accused of an infring disciplinary rules (“the student”) is enrolled. If the student is enrolled at more than disciplinary proceedings concerning the same case may be held only at one of them. 2.The dean presents a proposal to the Board to commence disciplinary proceedings if he fin student’s conduct has breached a duty laid down in Article 5 (8) of the Constitution, or conduct has breached the duty to heed the reputation of the University. 3.The dean’s proposal must contain the description of the act, including the evidence upon proposal relies, and the reasons for which the act is considered to be an infringement o rules. 4.The disciplinary proceedings are begun on the date of delivery of the notice of the comm proceedings, along with the counterpart of the dean’s proposal, to the student. ****************************************************************************************** * Article 5 Consideration of Proposal and the Dean’s Decision in Disciplinary Proceedings ****************************************************************************************** 1.The chairperson of the Board convenes a session of the Board immediately upon commenceme disciplinary proceedings. 2.The student must be invited to every session of the Board. 3.With the exception of discussions and voting, the accused student has the right to be pr sessions of the Board, as well as to offer and submit evidence, express his opinion on a considered, inspect written documents and, with the exception of records of voting, insp minutes of sessions of the Board, and take extracts from them. 4.The student may choose someone to be his representative (“the chosen representative”). T representative shows the Board the written authorisation from the student, or is granted by the student before the Board, and has the rights provided in paragraph 3. 5.The Board may resolve to act when the student is not present only if neither the accused representative has appeared at a session without any justification. Justification must b and must be delivered to the chairperson of the Board not later than on the date of the Board. 6.The Board is obliged to produce necessary evidence and to consider the case in such a wa may be established without any doubt whether the student has infringed the disciplinary consideration must be led in such a way as to enable the Board to make a proposal under usually no later than thirty days after its first session. 7.The dean issues a decision on the disciplinary proceedings upon the proposal of the Boar delay after the date of delivery of the proposal. 8.If a situation arises which makes the consideration of an infringement of disciplinary r section 66 of the Higher Education Act impossible, the dean discontinues the proceedings 9.If it becomes apparent that no infringement of disciplinary rules was committed, if the prove that an infringement of disciplinary rules was committed by the student, or if the to be a student, the disciplinary proceedings are discontinued. 10If he believes it to be necessary for due clarification of the case, the dean may refer the Board for further examination, stating his reasons in written form, before he issues 11The student must be given an opportunity to comment on the documents creating the basis before a decision on merits is issued. 12The dean may: a.impose the sanction proposed by the Board; b.impose a milder sanction; or c.waive the imposition of a sanction. 13The decision is executed in writing. The decision contains a statement part, reasoning, of the right to appeal. 14The statement part provides the identification of the student by his first name, surname or personal identification number, permanent address, programme of study, description of finding of the infringement of disciplinary rules and the determination of a sanction, o of the infringement of disciplinary rules and the waiver of a sanction, or the statement discontinuation of disciplinary proceedings. The dean imposes the duty to cover the cost on the student who was found guilty in a separate statement. 15A dean’s decision which has been announced and which may not be reviewed is in legal for ****************************************************************************************** * Article 6 Appeal ****************************************************************************************** 1.A student may file an appeal against the dean’s decision. A student who has waived his r after being notified of the decision no longer has the right to file an appeal. If the s an appeal once filed, he may not file such appeal again. 2.The appeal may challenge the statement part of the decision, or any of its statements or provisions; the appeal against the reasoning is inadmissible. The student states in his name and surname, the date of birth and permanent address. It must be clearly stated in decision it challenges, what it proposes and what the alleged disagreement between the d proceedings which preceded, and legislation or internal regulations is. 3.Any new facts and proposals of new evidence, which are mentioned in the appeal or during proceedings, will be taken into account only in cases where the student could not use th proposals earlier; where the student claims that he could not have carried out a certain proceedings of the first instance, such act must be carried out simultaneously with the 4.The period for filing an appeal is within 30 days of the notification of the decision; t been met if the letter containing the appeal is handed to the postal service operator on the deadline. An appeal may not be filed before a decision has been issued; if an appeal the decision is notified to the student, it is deemed to have been filed on the first da period. 5.In the case of missing, incomplete or incorrect notification of the right to appeal, an filed within 15 days of the date of notification of a rectifying resolution if such reso issued, but no later than 90 days of the date of notification of the decision. Non-notif decision cannot be invoked by a student who has become demonstrably aware of the decisio an appeal may be filed within 90 days of the date on which the student became aware of t 6.The student may apply for a waiver of default on appeal within fifteen days of the date obstacle that prevented him from filing an appeal ceased to exist; the request for a wai may be granted a suspensive effect if the student faces a risk of serious harm. The appl be dealt with unless an appeal is filed simultaneously with it. A default on an appeal w the student proves that the obstacle was due to serious reasons arising through no fault decision on the waiver of default is made by the dean in the form of a resolution. A def waived if one year has lapsed from the day on which the application therefor was to be f 7.An admissible appeal that was filed on time has a suspensive effect. Owing to the suspen an appeal, the decision neither comes into full force and effect, nor is enforceable, no legal consequences arise as a result of the suspensive effect. The suspensive effect of not be excluded. 8.An appeal is filed with the Dean. 9.The Dean amends the proceedings according to the circumstances; this does not apply if t filed late or if it was inadmissible. 10The Dean may change or cancel the decision if it means granting the appeal; this decisio appealed. The provisions of Article 14 (7) to (12) apply accordingly. 11If the dean fails to find conditions for proceeding under (10), he hands over the file w to the appellate administrative body, i.e., the Rector, within 30 days of the date of de appeal. In the case of an appeal that is late or inadmissible, the dean hands over the f Rector within ten days; in his opinion the dean will limit himself to the statement of r for the assessment of the appeal as late or inadmissible. 12If, prior to the handover of the file to the Rector, the dean finds out that a circumsta the discontinuance of proceedings has occurred, he will, without further ado, cancel the decision and discontinue the proceedings. 13The Rector reviews compliance of the appealed decision and proceedings preceding the dec regulations and internal regulations. Defects in the proceedings which may not reasonabl have influenced the compliance of the appealed decision with legal regulations and inter are not taken into account. 14If the Rector concludes that the appealed decision is in conflict with legislation or in regulations: a.he cancels the challenged decision or its part and discontinues proceedings, b.he cancels the challenged decision or its part and returns the matter back to the dean consideration; in the reasoning of his decision the Rector expresses his legal opinion binding on the dean in new proceedings on the matter; the new decision may be appealed c.he changes the challenged decision or its part; the change may not be made if the poss filing an appeal would thus be endangered; the student has a right to comment on the n provided by the Rector; the Rector changes the decision in the reasoning part if it is rectify errors in the reasoning; the Rector may not change the challenged decision to the student unless the challenged decision contravenes legislation. 15If the Rector fails to find a reason to apply to procedure under paragraphs (14), (16) o dismisses the appeal and affirms the appealed decision. If the Rector changes or cancels decision only in part, he affirms the remaining part. 16If the Rector ascertains that a circumstance justifying the discontinuation of proceedin he will cancel the appealed decision and discontinue proceedings. 17The Rector will dismiss an appeal if it was filed late or if it is inadmissible. In the legally effective decisions, he will examine if there are reasons to review the decision proceedings, to open new proceedings, or to issue a new decision. If he finds    grounds review proceedings, open new proceedings, or issue a new decision, a late or inadmissibl deemed to be the impulse to initiate review proceedings, or as an application for new pr an application for the issuance of a new decision. If the Rector concludes that the appe time and is admissible, he will return the case to the dean. 18The Rector issues a decision in the appeal proceedings within 30 days; the period starts date on which the file is handed over to the Rector. Provisions of Article 14 (7) to (11 Rector’s decision accordingly. 19No appeal may be filed against the Rector’s decision; the Rector’s decision comes into l it is notified to the student. The dean’s decision affirmed under paragraph (15) comes i simultaneously with the Rector’s decision. 20If the student withdraws the filed appeal, the appeal proceedings are discontinued on th the appeal is withdrawn. The appealed decision comes into legal force on the day followi of discontinuance of proceedings; a resolution is issued regarding the fact that the pro discontinued. This resolution is recorded in the files and the student is notified there may only be withdrawn before the issuance of a Rector’s decision. 21Further to the decision under paragraph (14), the Rector or the Dean takes such directiv to restore the rights of the student and eliminate or at least alleviate the damage caus student by the erroneous decision. ****************************************************************************************** * Article 7 Transitional and Final Provisions ****************************************************************************************** 1.The Student Disciplinary Code of Charles University in Prague, registered by the Ministr Youth and Sports on April 26 1999, is hereby repealed. 2.Proceedings started before the legal effect of this Code will be completed under this Co 3.The Code was approved by the Academic Senate of the University on November 25, 2016. 4.The Code comes into force on the date of registration by the Ministry of Education, Yout 5.The Code becomes effective on the first day of the calendar month following the date of force. PhDr. Tomáš Nigrin, Ph.D.                                            Prof. MUDr. Tomáš Zim President of the Academic Senate                                                           Translator’s note: Words importing the masculine include the feminine, and unless the cont requires, words in the singular include the plural and words in the plural include the sin S. 64 of the Higher Education Act. S. 65 (3) of the Higher Education Act. S. 65 (3) of the Higher Education Act. S. 65 (2) of the Higher Education Act. S. 31 (3) of the Higher Education Act. Sentence one of s. 31 (1) of the Higher Education Act. Sentence two of s. 31 (1) of the Higher Education Act. S. 31 (2) of the Higher Education Act. Sentence one of s. 69 (1) of the Higher Education Act. Sentence two of s. 69 (1) of the Higher Education Act. Sentence three of s. 69 (1) of the Higher Education Act. S. 69 (2) of the Higher Education Act. S. 79 (5) of the Administrative Procedure Code and the regulation of the Ministry of the I No. 520/2005 Sb., on the scope of expenses in cash and loss of earnings which the administ reimburses to other persons and on the flat fees for the costs of proceedings. S. 81 (1) of the Administrative Procedure Code. S. 81 (2) of the Administrative Procedure Code. S. 81 (3) of the Administrative Procedure Code. S. 82 (1) of the Administrative Procedure Code. S. 82 (4) of the Administrative Procedure Code. Sentence one of s. 68 (4) of the Higher Education Act. S. 40 (1) (d) of the Administrative Procedure Code. Sentence two and three of s. 83 (1) of the Administrative Procedure Code. S. 83 (2) of the Administrative Procedure Code. S. 84 (2) of the Administrative Procedure Code. S. 41 (2) to (4) and (6) of the Administrative Procedure Code. S. 85 (1) of the Administrative Procedure Code. Sentence two of s. 68 (4) of the Higher Education Act. S. 86 (1) of the Administrative Procedure Code. Sentence two and three of s. 86 (2) of the Administrative Procedure Code. S. 87 of the Administrative Procedure Code. S. 88 (1) of the Administrative Procedure Code and s. 68 (5) of the Higher Education Act. S. 88 (2) of the Administrative Procedure Code. S. 68 (6) of the Higher Education Act. Sentence three of s. 89 (2) of the Administrative Procedure Code. S. 90 (1) and (3) of the Administrative Procedure Code. S. 90 (5) of the Administrative Procedure Code. S. 90 (4) of the Administrative Procedure Code. S. 92 (1) of the Administrative Procedure Code. S. 92 (2) of the Administrative Procedure Code. S. 90 (6) of the Administrative Procedure Code. S. 91 (1) of the Administrative Procedure Code. S. 91 (3) of the Administrative Procedure Code. S. 68 (7) of the Higher Education Act. S. 36 of the Higher Education Act. The registration was completed on December 14, 2016.