Student Disciplinary Code of Masaryk University
In accordance with section 36, subsection 2 of Act No. 111/1998 Coll., on Higher Education Institutions and on the Modification and Amendment of Other Acts (the Higher Education Act), the Ministry of Education, Youth and Sports registered the Student Disciplinary Code of Masaryk University on 24 February 2022 under Ref. No. MSMT- 4647/2022-3.
Mgr. Karolína Gondková
ředitelka odboru vysokých škol
Effective as of 1 Sep 2022
Subject of Regulation
(1) The Student Disciplinary Code of Masaryk University is an internal regulation of Masaryk University (hereinafter referred to as “MU”) under Section 17(1)(i) of Act No. 111/1998 Coll., on Higher Education Institutions and on Modification and Amendment of Other Acts (Higher Education Act), as later amended (hereinafter referred to as the “Act”).
(2) This Code defines the misconduct of MU students, regulates the detailed procedure of dealing with misconduct and of disciplinary proceedings, including the disciplinary committee and its Rules of Procedure, as well as the rules of imposing sanctions for misconduct. Further details may be regulated by the disciplinary regulations of the relevant faculty.
(3) Act No. 500/2004 Coll., Administrative Procedure Code (hereinafter referred to as the “Administrative Procedure Code”) shall apply to the procedure regarding misconduct in cases where this Code, faculty disciplinary regulations or the law do not provide special regulation.
(4) The provisions hereof concerning MU students shall apply mutatis mutandis to MU lifelong learning participants and to students enrolled at another higher education institution who study at MU on a temporary basis.
(1) Misconduct (Section 64 of the Act) in particularly includes:
a) fraud in the performance of study obligations or attempted fraud, including but not limited to:
- cheating or forbidden collaboration,
- giving clues to another examined student during a test,
- tampering with test questions, the test or another written assignment,
- unauthorized publication or distribution of test question, the test or another written assignment,
- use of unauthorized materials, information or aids including mobile communication devices,
b) plagiarism, i.e. use of the content, ideas or structure of another work without due attributing the source and citation or without a proper reason related to the type of use and the usual originality of the resulting work,
c) assisting in a fraud or plagiarism, e.g. provision of a work or another fulfilment to a student knowing it will be used for fraud or plagiarism,
d) provision or utilization of a service of writing the work by a person different from the student submitting the work in order to fulfil a study obligation (“ghostwriting”),
e) submitting the same or altered work in order to fulfil different study obligations without a prior consent of the course teacher to whom the work is submitted,
f) infringement of intellectual property rights held by MU, e.g. through tampering with study materials,
g) aggressive or disrupting behaviour, in particular:
- sexual harassment,
- bullying, physical or psychological violence or behaviour degrading to human dignity,
- acts of racism or other acts of gross intolerance, in particular on the grounds of religion, social status, sex, national or ethnic origin,
h) abuse of alcohol, narcotic drugs and psychotropic substances in MU premises; entry to MU premises or attendance of classes under the influence of alcohol or narcotic drugs and psychotropic substances,
i) unauthorized or unjustified entry to MU premises with a weapon or other object capable of threatening life, health or order,
j) delay in the payment of a lawfully assessed tuition fee,
k) unauthorized use of or damage to MU property or MU information technology,
l) reputational damage to MU.
(2) An attempt of misconduct is such behaviour of a student that is directed to the completion of a disciplinary offence and that was committed by the student with the intention to complete the offence. The attempt of misconduct is punishable under this Code if stipulated by this Code.
(3) Negligence is sufficient for the constitution of liability for misconduct. Fault shall be assessed under Section 15 of Act No. 250/2016 Coll., on Liability for Offences and Related Proceedings, as later amended.
(1) The disciplinary committee is an autonomous academic body.
(2) The number of members and substitutes of a faculty disciplinary committee and term of office are laid down by the faculty disciplinary regulations.
(3) The MU disciplinary committee has four members and two substitutes. The term of office of a member of the MU disciplinary committee is two years.
(4) Members and substitutes of the faculty disciplinary committee are appointed from the academic community and dismissed by the dean upon a prior consent of the faculty academic senate. The dean is not allowed to be a member of the faculty disciplinary committee.
(5) Members and substitutes of the MU disciplinary committee are appointed from the academic community and dismissed by the Rector upon a prior consent of the MU Academic Senate. The Rector is not allowed to be a member of the MU disciplinary committee.
(6) Half of the members of the faculty disciplinary committee are students enrolled at the faculty. Half of the members of the MU disciplinary committee are students enrolled at MU. The substitutes are one student enrolled at MU and one academic employee of MU. Student members of the disciplinary committee must not be in an employment relationship with MU.
(7) Before the expiry of the term of office, membership of the disciplinary committee may be terminated by dismissal under subsection 4 or 5, a written resignation delivered to the dean/Rector or by the expiry of membership of the relevant part of the faculty or university academic community under subsections 4, 5 and 6. The membership of the disciplinary committee under subsection 6 shall also expire upon the establishment of employment relationship under subsection 6, fourth sentence.
Purpose of Disciplinary Proceedings
The disciplinary proceedings must find out or determine whether:
a) the act that is considered a case of misconduct really happened,
b) such act is a case of misconduct,
c) the misconduct was committed by a student,
d) the student was sanctioned for another case of misconduct in the past or whether the sanction was waived due to the fact that the disciplinary hearing led to remedy, in case such finding is relevant for the assessment of the offence in question,
e) whether a hearing can be held regarding the misconduct,
f) the misconduct was wilful or negligent,
g) what sanction should be imposed for the misconduct.
Initiation of Disciplinary Proceedings
(1) The disciplinary proceedings are conducted by the disciplinary committee of the faculty where the student is enrolled. In case the student is not enrolled at any faculty, the disciplinary proceedings are conducted by the MU disciplinary committee. In case the student is enrolled in studies at more than one faculty, the disciplinary proceedings are conducted by the disciplinary committee of the faculty that has been affected by the misconduct and that has been the first to receive the dean’s petition in the matter under subsection 3.
(2) A motion to initiate disciplinary proceedings may be filed by any person. The motion is filed with the dean/Rector. If the motion appears reasonable, the dean/Rector shall submit a petition to the disciplinary committee for the commencement of disciplinary proceedings.
(3) The petition of the dean/Rector for the commencement of disciplinary proceedings shall contain at least:
a) description of the act that is considered misconduct, specification of provisions of the regulations breached, place and time where the suspected misconduct was committed, if known,
b) identification of the student who is suspected of having committed the act,
c) reasoning why the act is considered misconduct,
d) stating evidence that forms the basis for the petition.
(4) The disciplinary proceedings are commenced ex officio. The proceedings are commenced on the day when the student has been delivered the notice of commencement of the proceedings (Section 46 Administrative Procedure Code and Section 69 of the Act) together with the duplicate of the dean’s/Rector’s petition; the notice may also contain the summons (Section 59 Administrative Procedure Code) to a hearing (Section 69(1) of the Act).
(5) Prior to the commencement of the proceedings, the disciplinary committee may gather explanations necessary for the verification of notices, other motions and own findings that may constitute a reason for the commencement of disciplinary proceedings (Section 137 Administrative Procedure Code).
Circumstances Excluding the Hearing of Misconduct
A hearing concerning misconduct cannot be held if the case has been decided in the disciplinary proceedings or if a period of one year has passed since the act that is considered misconduct was committed or since a final and conclusive conviction in a criminal case was made. This period shall not include the time when the person in question is not a student.
Hearing of Misconduct Before the Disciplinary Committee
(1) Promptly after the disciplinary proceedings have commenced, usually within 30 days of the delivery of the petition for the commencement of disciplinary proceedings, the chair shall convene the hearing. If necessary, the chair may invite a substitute before the first hearing convened under the preceding sentence. If it is known that any of the disciplinary committee’s members cannot attend the hearing, the chair shall invite the relevant substitute in such way that the parity of the committee is maintained. The substitute has the rights and obligations of a member of the committee in the hearing to which he/she was invited. A similar procedure shall apply in case the disciplinary committee is to deal with a case of a student who is a member of the committee.
(2) The student against whom the disciplinary proceedings are conducted shall be present in the proceedings. The student is the sole participant to the proceedings. The student must get a due summons to the hearing (Section 59 Administrative Procedure Code) at least five days in advance. The summons is usually delivered together with the notice of the commencement of the disciplinary proceedings.
(3) The disciplinary proceedings may be held in the student’s absence only if the student has failed to appear for the hearing without providing a due and reasonable excuse delivered to the chair of the disciplinary committee no later than at the moment of the start of the hearing.
(4) An excuse under subsection 3 is in particular a confirmation clearly suggesting that the student was unable to attend the hearing. The disciplinary committee shall assess the excuse and if the excuse is accepted, the committee shall set a new date of the hearing. The chair of the disciplinary committee shall ensure that the student gets the summons under subsection 2.
Course of Disciplinary Proceedings
(1) The disciplinary hearing is opened by the chair or a member authorized by him/her by informing those present of the content of the petition for the commencement of disciplinary proceedings and summarizing the results of previous hearings.
(2) Except for the discussion and voting of the disciplinary committee, the student has the right to be present at the hearing, to suggest and present evidence, to express his/her view of all the documents and information in the hearing, to inspect supporting documents (Section 38 Administrative Procedure Code), to inspect the minutes of the hearing except for the minutes of the voting, and to make extracts from such materials.
(3) The student may choose his/her proxy in accordance with Section 33 Administrative Procedure Code. The student’s proxy, who shall submit a written authorization granted by the student or to whom the student shall grant authorization before the disciplinary committee, shall have the rights mentioned in subsection 2.
(4) The state of facts shall be ascertained through evidence taken by the disciplinary committee on its own initiative, upon the dean’s proposal or upon a proposal by the student. The disciplinary committee is obliged to take the necessary evidence and to discuss the matter in order to find out beyond reasonable doubt whether the student committed the misconduct or not.
(5) Each member of the university academic community or a non-academic employee of the university is obliged to appear at the hearing upon a summons made by the disciplinary committee and to testify about the facts material for the disciplinary proceedings, if his/her testimony is proposed as evidence. However, a testimony may be withheld by a person who would place himself or a person close to him/her in a danger of prosecution for a criminal or administrative offence. Members of the academic community or university employees who were summoned to the hearing to testify shall not participate in the hearing until heard by the disciplinary committee.
Termination and Suspension of Disciplinary Proceedings
(1) In case the disciplinary committee considers the results of evidence-taking as sufficient to assess the case, it shall adopt a draft decision on the misconduct.
(2) The disciplinary committee shall terminate the disciplinary proceedings in case it has transpired during the proceedings that:
a) the act stated in the petition for the commencement of disciplinary proceedings did not happen or is not a case of misconduct,
b) the misconduct was not committed by the student concerned,
c) the person who committed the misconduct has ceased to be a student (Section 55 or 56 of the Act), or
d) the misconduct cannot be dealt with in accordance with Section 6.
(3) The draft decision on the misconduct shall contain a verdict and a reasoning.
(4) Before the draft decision is issued, the disciplinary committee shall invite the student to familiarize him/herself with the supporting information and documents for the decision and gives him/her the opportunity to comment on them.
(5) The disciplinary committee may suspend the disciplinary proceedings in case the student interrupts the studies under Section 54 of the Act, until the repeated enrolment or until the termination of studies.
Decision-making on the Misconduct
(1) The decision in the disciplinary proceedings is issued by the dean/Rector upon a proposal by the disciplinary committee without undue delay after the receipt of the draft decision.
(2) In accordance with Section 12, the dean/Rector may by his/her decision impose the sanction proposed by the disciplinary committee or may impose a lighter sanction or waive sanction.
(3) The decision concerning the misconduct is made in writing and contains:
a) specification of the university and, as the case may be, the faculty, and its Rector/dean,
b) first name and surname of the student, date of birth, UIN (university identification number), degree programme, address of residence, mailing address given by the student under Section 61 of the Act, if different from the address of residence,
c) verdict of the decision, which
- determines that the student committed misconduct (describing the misconduct and specifying the legal regulations breached),
- and imposes sanction or waives sanction under Section 65(2) of the Act;
e) advice on the student’s right to lodge an appeal and how to exercise this right including the addressee and statutory periods, the dates when such periods start and which administrative body decides on the appeal,
f) file number or reference number, date and place of issue,
g) name, position and signature of the issuing person.
(4) The decision of the dean/Rector on the misconduct shall enter into force as of the day of:
a) vain lapse of the period for appeal,
b) delivery of the Rector’s decision that changes or upholds the decision issued by the dean,
c) waiver of the right to appeal.
(1) The student whose misconduct has been decided by the dean/Rector has the right to appeal against the decision.
(2) If the student waived the right to appeal after being notified of the decision he/she shall not have the right to appeal.
(3) If the student withdrew a lodged appeal, he/she cannot lodge it again.
(4) The appeal may contest the operative part of the decision, an individual verdict or its ancillary provisions. It is not admissible to lodge an appeal only against the reasoning of the decision.
(5) The appeal shall contain the first name, surname, date of birth and address of residence of the student. The appeal must clearly indicate which decision is appealed and what the proposal is, where the decision or the previous proceedings contradict legal regulations or internal regulations of MU or the faculty. In case the student objects that he/she was not enabled to enter into a certain act in the first- instance proceedings, such an act must be entered into together with the appeal.
(6) The period of appeal is 30 days and shall commence on the day when the decision was delivered. The period is considered valid if, on the last day of the period, the mail containing the appeal is submitted to a post license holder. The appeal may only be lodged after the issuance of the decision. If the appeal was lodged prior to the notification of the decision, it shall be considered to have been lodged on the first day of the period of appeal. In the event that the Advice is missing, is incomplete or incorrect, the appeal may be lodged within 15 days after the correction of the decision, if issued, however, no later than within 90 days of the day of the notification of the decision. A failure to notify of the decision cannot be invoked by a student who has provably familiarized him/herself with the decision.
(7) The student may ask for a waiver of missing the deadline for lodging an appeal within 15 days after the obstacle that prevented him/her from lodging the appeal has passed, provided he/she sends the appeal together with the request; such an appeal may be granted a suspensive effect if the student is at the risk of serious harm. Missing the deadline for lodging the appeal shall be waived if the student proves that the obstacle occurred due to serious reasons beyond his/her fault. A waiver of the missed deadline is decided on by the dean/Rector through a resolution; the missed deadline cannot be waived if one year has passed since the deadline for lodging the appeal.
(8) A timely lodged and admissible appeal has a suspensive effect; as a result of the suspensive effect, the legal force, enforceability and other legal effects of the decision shall not occur. Suspensive effect of the appeal cannot be ruled out.
(9) The appeal is lodged with the authority that decided on the misconduct under Section 10(1). Subsections 11 and 12 shall not apply to an appeal against a decision of the Rector.
(10) The dean/Rector may supplement the file with other decisive facts on the basis of the appeal. Before the decision on the appeal is issued, the dean/Rector shall invite the student to familiarize him/herself with the supporting information and documents for the decision and gives him/her the opportunity to comment on them.
(11) Based on the appeal, the dean may cancel or change the decision, if he/she thus grants the appeal in full; such a decision may be appealed.
(12) In case the dean does not establish the conditions for a procedure under subsection 11, he/she shall refer the file with his/her opinion to the appellate administrative body, which is the Rector, within 30 days after the date of delivery of the appeal. In the event the appeal is inadmissible or belated, the dean shall refer the file to the Rector within 10 days. In his/her opinion, the dean shall only state the reasons decisive for the assessment of the delay or inadmissibility of the appeal. If the dean finds out before referring the file to the Rector that a circumstance has occurred that substantiates the termination of the proceedings, he/she shall cancel the contested decision and terminate the proceedings without further action.
(13) The Rector reviews the compliance of the contested decision and proceedings that preceded its issuance with legal regulations and internal regulations. Defects of the proceedings that cannot be reasonably considered to have affected the compliance of the contested decision with legal regulations or internal regulations shall be disregarded.
(14) If the Rector concludes that the contested decision contradicts legal regulations or internal regulations of MU or the faculty:
a) the Rector shall cancel the contested decision or its part and shall terminate the proceedings,
b) if the contested decision was issued by the dean, the Rector shall cancel the contested decision or its part and shall remand the matter for a new hearing; in such case, the Rector shall express the legal opinion that is binding on the dean in the new hearing, or
c) the Rector shall change the contested decision or its part in favour of the student; the Rector may change the contested decision to the detriment of the student only due to its contradiction with legal regulations.
(15) If the Rector finds out that a circumstance has occurred that substantiates the termination of the proceedings, he/she shall cancel the contested decision and terminate the proceedings without further action.
(16) The Rector shall reject a belated or inadmissible appeal; in case the decision has entered into force, he/she shall subsequently examine whether there are grounds for the review of the decision in the review proceedings, for the resumption of the proceedings or for the issuance of a new decision. In case the Rector finds the prerequisites for initiating the review proceedings or for the issuance of a new decision, the belated or inadmissible appeal shall be considered a motion for the review proceedings or a request for the resumption of the proceedings or for the issuance of a new decision. In case the Rector concludes that the appeal was lodged in time and that it is admissible, he/she shall return the matter to the dean.
(17) If the Rector does not find a reason for the procedure under subsection 14 to 16, he/she shall reject the appeal and shall uphold the contested decision; in case the Rector changes or cancels the contested decision only in part, he/she shall uphold the rest of it.
(18) The Rector shall issue a decision in the appeal procedure within 30 days; the period shall commence on the day of handover of the file to the Rector. The provisions of Section 9(4) shall apply mutatis mutandis.
(19) The Rector’s decision in the appeal procedure cannot be appealed. An appeal may be lodged against the new decision of the dean under subsection 14(b).
(20) If the student withdraws a lodged appeal, the appeal procedure shall be terminated on the day of the withdrawal; the contested decision shall enter into force on the day following the termination of the procedure; a resolution noted in the file is issued on the termination of the procedure and the student shall be notified thereof; the appeal may be withdrawn until the issuance of the Rector’s decision.
(21) The Rector/dean shall adopt adequate measures following a decision under subsection 13 so that the student’s rights are restored and consequences of the defective decision are remedied or at least mitigated.
(1) The following sanctions may be imposed for misconduct:
b) conditional expulsion from studies with a period and conditions for proving one’s discipline, or
c) expulsion from studies, if it is apparent that the misconduct was committed wilfully.
(2) The sanctions imposed depend on the nature of the misconduct, behaviour through which the misconduct was committed, circumstances, manner and consequences of the act, the student’s motives, degree of fault, as well as hitherto conduct of the student including his/her study results, and whether he/she regretted the misconduct or tried to remedy the harmful consequences caused.
(3) In case the sanction of conditional expulsion has been imposed, it applies that the student must not commit another disciplinary offence or more serious misconduct during the prescribed period under the sanction of expulsion from studies.
(4) The sanction may be waived in case the hearing of the misconduct can be considered to lead to remedy.
(5) If more disciplinary offences are dealt with, only one sanction shall be imposed for all of them.
(6) It is not possible to impose a stricter sanction than that proposed by the disciplinary committee.
(7) The sanction is enforceable as of the day of legal force of the decision on the misconduct.
(8) The sanction shall be written in the student’s file and Academic Records of the Information System (hereinafter referred to as “IS MU”).
Execution of Sanctions
(1) The sanction of reprimand is executed by making a record in the student’s file.
(2) The sanction of conditional expulsion from studies is executed by making a record in the student’s file plus an authorized officer for studies supervises the fulfilment of conditions for proving the student’s discipline, whereon the officer reports to the dean/Rector. Based on the information from the office for studies, the dean/Rector shall assess whether the student has proved his/her discipline. In case the student has failed, the dean/Rector shall issue a decision to which the provisions of Section 10 shall apply as appropriate. The sanction of conditional expulsion from studies in conjunction with the decision on the student’s failure to prove his/her discipline has the effects of the sanction of expulsion from studies.
(3) The sanction of expulsion from studies shall be executed in such way that the student is terminated the studies as of the day of legal force of the decision on the misconduct.
Rules of Procedure of the Disciplinary Committee
Internal Organization of the Disciplinary Committee
(1) The disciplinary committee elects the chair from its members. The presence of an absolute majority of all members of the disciplinary committee is necessary for the election to be valid. The candidate who obtained the votes of an absolute majority of all disciplinary committee members is elected in the first round. If none of the candidates receives the necessary number of votes, the election is repeated and the candidate with the highest number of votes is elected in the second round.
(2) If the disciplinary committee has no chair, its session is convened by the dean/Rector; election of the chair is the first item on the agenda of a session convened in this way.
(3) Chair of the disciplinary committee:
a) organizes the work of the disciplinary committee and represents it toward third parties,
b) convenes, chairs and ends disciplinary committee’s sessions, proposes the order of offences to be heard.
(4) The disciplinary committee elects the vice-chair from its members who substitutes the chair if necessary, in particular in his/her absence.
(5) The disciplinary committee cooperates with the office for studies of the faculty/MU, which provides it with the necessary information about students and all the assistance needed. The sessions of the disciplinary committee are attended by an authorized officer of the faculty office for studies, usually an officer for studies, who:
a) participates in the organization of the disciplinary committee’s work,
b) takes minutes of the disciplinary committee’s session in accordance with Section 18 Administrative Procedure Code,
c) ensures the registration of all documents associated with the disciplinary proceedings in the records management system,
d) takes care of administrative processing of the disciplinary committee’s documents,
e) ensures that the decision of the dean/Rector on the misconduct is made in writing and duly sent,
f) provides the disciplinary committee with information about the situation in the studies of the student whose misconduct is dealt with,
g) provides the disciplinary committee with information on potential previous sanctions imposed on the student for misconduct, and
h) reports to the dean/Rector on the fulfilment of conditions for proving the student’s discipline, set by the dean/Rector’s decision on the misconduct if the sanction of conditional expulsion was imposed.
Sessions of the Disciplinary Committee
The disciplinary committee’s sessions are run by its chair. Ensuring that minutes are taken of each session and voting is the responsibility of the chair of the disciplinary committee.
Decision-making of the Disciplinary Committee
(1) The disciplinary committee decides on matters within its competence through a resolution.
(2) The disciplinary committee constitutes a quorum if a majority of its members are present. The resolution of the disciplinary committee is adopted in case a majority of the present members approved it.
(3) The disciplinary committee votes about guilt, whether to impose sanctions and the type of sanctions. If the disciplinary committee fails to reach a resolution:
a) that the student is guilty, it shall propose to the dean/Rector to terminate the proceedings,
b) on sanctions, it shall propose to the dean/Rector to waive the sanctions,
c) on the sanction of expulsion from studies, it shall vote on imposing the sanction of conditional expulsion from studies,
d) on the sanction of conditional expulsion from studies, it shall propose to the dean/Rector to reprimand the student.
Common, Transitional and Final Provisions
(1) Delivery of documents in the disciplinary proceedings is governed by Section 69a(2) of the Act, and Section 19 et seq. Administrative Procedure Code.
(2) Documents issued during acts in the disciplinary proceedings, unless delivered directly during these acts, shall be delivered to the address specified by the student in the IS MU.
(3) Personal delivery of documents shall apply a) to:
- summons to the disciplinary proceedings,
- summons for a member of the academic community or an employee of the university under Section 8(5) hereof,
- decision on the misconduct,
- decision on an appeal against the decision on misconduct,
- decision that the student who was conditionally expelled from studies has not proved his/her discipline within a determined period, b) document where personal delivery is required by the issuing body.
(4) The delivery date of a document is the day when the addressee received the document. If the addressee refuses to accept the document, such refusal has the effects of receipt.
(5) If a document in the disciplinary proceedings cannot be delivered due to the student’s failure to fulfil the obligation under Section 63(3)(b) of the Act, or if the document cannot be delivered to the mailing address specified by the student, it shall be delivered by public notice, whereas MU is not obliged to appoint a guardian for the student.
(1) Liability for misconduct shall be assessed under existing regulations if the action constituting liability occurred before the effective date hereof; it shall be assessed under this Code only if such procedure is more favourable for the student.
(2) Proceedings commenced before the effective date hereof shall be completed under this Code.
(3) A disciplinary committee established before the effective date hereof shall be considered as established under this Code.
(1) This Code has been approved in accordance with section 9, subsection 1, letter b), point 3 of the Act by the MU Academic Senate on 17 January 2022.
(2) In accordance with section 36, subsection 4 of the Act, this Code shall enter into force on the day of registration with the Ministry of Education, Youth and Sports.
(3) This Code shall enter into effect on 1 September 2022.
prof. MUDr. Martin Bareš, Ph.D.