Student Disciplinary Investigations in Higher Education Institutions in the Light of Judicial Decisions

Abstract

The purpose of disciplinary penalties in higher education institutions is to ensure peace, tranquility and discipline within the higher education institution, to prevent acts and behaviors that are incompatible with educational and educational activities and prevent the healthy conduct of educational and educational activities. It is observed that when disciplinary investigations conducted in higher education institutions are transferred to administrative jurisdiction, they are usually canceled because they are faulty in terms of procedure. In the audit conducted by the Court of Accounts at a university; when the case files and results transferred to administrative jurisdiction from the investigations conducted against academic and administrative personnel and students alleged to have committed illegal acts within the university were examined, it was found that 17 out of 21 case files resulted in cancellation against the administration. It has been seen that 16 of the cases that resulted against the administration were caused by non-compliance with the investigation procedures. Therefore, in higher education institutions; due to non-compliance with the procedural provisions, cases are lost, trial expenses and proxy fees are paid, the student who should be penalized as a result of cancellation does not receive a penalty, trust in the law is damaged, and the reputation of the institution is weakened. In this study, the issues that investigators should pay attention to when taking statements and defense, sub-punishment and repetition application, time out, application of court decisions, preparation of an investigation report, notification, issuing a punishment by a disciplinary supervisor or disciplinary board, objection, analysis of court decisions made related to investigations were conducted.