- The Disciplinary Regulations of the Faculty of Business Administration (hereafter: the faculty, or the FPH) have adjusted the approach to be taken by the faculty in dealing with possible disciplinary offenses committed by; as well as the penalties to be imposed upon; the students of the faculty. This has been done in accordance with Law No. 111/1998 Coll., on universities, and in accordance with the changes and amendments to other relevant laws (the Universities Act), as amended (hereafter: the “Act”).
Definition of Terms
- A disciplinary offense is a breach of the obligations laid down by law, and/or the internal regulations of the University of Economics, and/or the faculty. Fraudulent behaviour by students, especially cribbing during examinations, and the abuse [plagiarism] of texts and/or works by other authors in the students´ papers, dissertations and theses, above and beyond the accepted and properly quoted citations, is also a disciplinary offenses.
- The Disciplinary Commission – This commission is established by the Dean as an advisory body. It consists of two members of the faculty’s academic staff, and two members, drawn from the faculty’s student body, who represent the students of the faculty. The chairperson of the commission is a member of the academic staff of the faculty. Disciplinary Committee sittings are not public. The members of the Disciplinary Committee serve a term of office of a maximum of two years.
Initiation of Disciplinary Proceedings
- Disciplinary proceedings are initiated by the Disciplinary Commission upon the Dean’s proposal. The proposal must include:
a) A description of the student’s conduct;
b) Justification for regarding an act as a disciplinary offense;
c) Existing evidence supporting the claim that a disciplinary offense has, in fact, been committed.
- If the proposal does not contain the particulars referred to in paragraph 1, the Disciplinary Commission shall return it to the Dean for completion.
- At the same time as the initiation of the disciplinary proceedings, the student concerned is acquainted with the Dean’s proposal [see Article 3, section. 1]. The student is informed of the Dean’s proposal by his/her receipt of a written summons to the oral proceedings of the Disciplinary Committee. The summons to the oral hearing must include the date, time and place where the meeting will take place. The summons must be delivered into the student’s own hand.
- If the summons cannot be delivered to the student, it will be published by posting on the faculty’s notice board, as well as on the faculty’s web page, for a period of fourteen calendar days. The last day of this period is deemed to be the day of receipt of the summons. If the summons is published in the abovementioned manner, the disciplinary hearing can take place, at the earliest, two weeks from the day on which the summons is deemed to have been delivered.
- The disciplinary offense can be dealt with by the Commission in the absence of the student concerned, if he/she is absent without reasonable excuse, even though he/she was duly summonsed to appear at the hearing.
Consideration of a Disciplinary Offense
- The Disciplinary Committee sit only if at least half of the committee members are in attendance. Any member of the Disciplinary Board who is biased against, or in favour of, the student whose transgression is being dealt with at the hearing, is barred from participating. The Commission decides by an absolute majority of those present. In the event. of a hung Commission, the chairperson has the deciding vote.
- During the hearing, the Disciplinary Commission is charged with the duty of determining the facts of the case, in particular the nature of the act by which the infraction was committed, the circumstances in which it occurred, as well as the consequences which the said infraction incurred.
- The Commission, as a result of the hearing, can arrive at one of three conclusions:
- The Commission finds that the accusation of having committed a disciplinary offense is unfounded or unproven or, upon examination of the facts and circumstances, that it is clear that no disciplinary offense was, in fact, committed;
- The Commission shall terminate the disciplinary proceedings in the case that the student who is accused of committing the disciplinary offense has ceased to be a student, or the one year deadline between the offense‘s having been committed and the Commission’s hearing has expired, or from the time it was dealt with in a criminal court.
- The Dean proposes the imposition of one or more of the following sanctions:
ii. a suspended expulsion from school for a fixed period with conditions to be fulfilled for certification;
iii. definitive expulsion from the school.
- These sanctions may be dispensed with, if the actual discussion of the disciplinary infraction leads to the accused student mending his/her ways.
- In imposing sanctions, the nature of the act by whose commission the infraction occurred, must be taken into account. So too must the circumstances under which it occurred, the consequences, the level of guilt, as well as the current behaviour of the student who stands accused of committing the infraction; in addition to any clear efforts made by him/her to remedy/mitigate the consequences of the offense.
- Expulsion is only possible in the case where the commission of the disciplinary offense was deliberate and intentional.
Decision on the Disciplinary Offense
- The Dean of the faculty delivers the decision on the disciplinary offense upon the conclusion of the hearing, and when the Disciplinary Committee has voted on the matter. The Dean cannot impose a more severe punishment than that which is recommended by the Disciplinary Committee. The Dean can, however, confirm the Commission’s decision, or amend it, or return it to the Commission for further consideration.
- The accused student is informed of the Commission’s decision to impose a sanction, or sanctions, by means of an official faculty letter, which is to be delivered into the said student’s own hand. The student also receives his/her documentation from the faculty management. The following information on the decision to impose a sanction, or sanctions, is not included in the student‘s documentation:
- A reprimand 12 months after the date on which the decision becomes final,
- A suspended expulsion upon the expiration of a specified time, but at least 24 months after the date on which the decision to impose this sanction becomes final.
Review of the Decisions
- If the student fails to lodge his/her application for review of the decision for a serious and acceptable reason, within the aforementioned 30 day period, the Dean of the FPH may waive the deadline.
All applications for appeal of the decision are submitted by the student to the Dean of the FPH. The submission of an application for review of the decision has the effect of suspending operation of that decision, while the application is being considered.
The Dean of the FPH has the right to allow the request for a review of the Commission‘s decision, and to change, or cancel, if it has been taken in violation of the law, or the internal regulations of the Prague University of Economics and Business, or those of the faculty itself. Otherwise it is passed on to the Rector for his/her decision.
The Commission’s decision is quashed in the case that facts come to light which would justify stopping the proceedings.
- The student has the right to apply for a review of the decision within 30 days from the date on which the decision was delivered to him/her.
- The disciplinary proceedings are not subject to the general regulations which normally govern the course of administrative proceedings.
- This Disciplinary Code repeals the Disciplinary Code of 1st July, 1999.
- This Disciplinary Code has been approved by the Senate of the Faculty of Business Administration on 3rd November, 2006.
- This Disciplinary Code has been approved by the Senate of the Prague University of Economics and Business, on 13th November, 2006.
- This Disciplinary Code comes into force in accordance with Section 39 sub-section 9 of Act No. 111/1998 Coll., [the Universities Act], as amended as well as with the changes and amendments to other relevant acts, as amended; on the date of its approval by the Senate of the Prague University of Economics and Business.
|Without Ident.||The Disciplinary Code for students of the Prague University of Economics and Business
NB: The vocabulary used in this document has the following meaning:
Faculty = The component Institution of a University, not the teaching staff.
Academic staff/workers/personnel = „Faculty“ in the North American meaning of the word.