Disciplinary Rules for Students and Student Infractions
The disciplinary infractions and the options for discipline are defined in Sections 64 to 67 of the Higher Education Act. A disciplinary infraction occurs when obligations stipulated in legal regulations or the internal regulations of a higher education institution or its constituent parts (internal regulations at university/faculty) are infringed.
In particular, these include:
- any form of cheating when performing study obligations,
- passing off (parts of) someone else’s work as one’s own,
- repeated violation of the rules when using the faculty computer network,
- repeated violation of the rules and regulations concerning faculty buildings and internal regulations,
- aggressive or inappropriate behaviour – either physical or verbal – to a member of academic staff, a university employee, or a person acting in cooperation with the university,
- deliberate destruction, damage, theft, or misuse of faculty property or the property of a member of academic staff, faculty employee, or a person acting in cooperation with the university,
- use of addictive substances at the faculty premises,
- entrance into the faculty premises or participation in education under the influence of addictive substances,
- the failure to pay the effectively assessed tuition fees,
- acting on and off the academic premises in a way that belittles the seriousness of the faculty and university.
The decision to discipline is always made by the faculty’s Disciplinary Committee. The Committee has 6 members half of whom are representatives of students. The sanction for violation of an obligation can be an admonition, conditional expulsion, or expulsion. Should the discussion of a disciplinary infraction lead to its being rectified, no sanction need be imposed (Section 65 (2) of the Higher Education Act). A disciplinary infraction may not be dealt with if more than a year has passed since it was committed or if a final verdict has been handed down in the case of a criminal matter. The one-year limit does not include any time in which the individual was not a student. Expulsion is only possible in the case of the deliberate commission of a disciplinary infraction (Section 65 (3) of the Higher Education Act).
Disciplinary Rules for Students
Article 1 – Introductory Provisions
The Disciplinary Rules regulate disciplinary infractions by students at the Faculty of Fine Arts of Brno University of Technology (hereinafter referred to as “FFA BUT” or “faculty”), the process of hearing and deciding on them, as well as sanctions.Article 2 – Disciplinary Infractions and Sanctions
- A disciplinary infraction is a culpable violation of obligations laid down by legal regulations or BUT internal regulations and internal regulations of BUT units.
- A student may be sanctioned for a disciplinary infraction in the following way:
a) admonition,
b) conditional expulsion including the specification of a deadline by which certain conditions must be met,
c) expulsion. - Should the discussion of a disciplinary infraction lead to its being rectified, no sanction need be imposed.
- In imposing sanctions, the character of the action constituting the infraction, the circumstances leading up to it, its consequences, the extent of liability, as well as the former behaviour of the student who committed the infraction, and any demonstrated effort to remedy the consequences, will be taken into account.
- Expulsion is only possible in the case of the deliberate commission of a disciplinary infraction.
- Conditional expulsion is only possible when conditions for imposing the sanction of expulsion are met and, taking into account the student’s personality and the former behaviour of the student and the circumstances, it is reasonable to expect that the student does not commit any serious disciplinary infraction.
- The limit and conditions for certification concerning conditional expulsions are set according to the extent of the seriousness of the disciplinary infraction. The limit for certification begins when the decision on the disciplinary infraction comes into effect and lasts for at least six months.
Article 3 – Disciplinary Committee of FFA BUT
- The Disciplinary Committee of the faculty hears disciplinary infractions of students enrolled at the faculty.
- The Dean appoints the members and alternates of the Disciplinary Committee from among the members of the academic staff with the approval of the Academic Senate.
- The Disciplinary Committee has six members and the term of office lasts for two years. Three members are appointed from among the students, three members are appointed from among the academic staff. The alternates are one member of the academic staff and one student.
- The Disciplinary Committee of the faculty elects and removes the Chairperson from among its members.
- The Dean shall simultaneously appoint a secretary of the Disciplinary Committee of the faculty, who may not be a member of the Disciplinary Committee of the faculty. The secretary shall perform organisational and administrative tasks necessary to provide for the activity of the Disciplinary Committee of the faculty. The secretary shall keep records of oral hearings and voting of the Disciplinary Committee of the faculty.
- The Disciplinary Committee of the faculty has a quorum if more than half of the members are present. The Disciplinary Committee’s resolution is adopted if more than half of the members are in its favour.
Article 4 – Party to the Proceedings
- The student against whom the disciplinary proceedings are initiated shall always be a party to the proceedings.
- At any time during the proceedings, the party to the proceedings is entitled to propose and present evidence and to comment on all the materials for the hearing. The Disciplinary Committee is obliged to allow the student to inspect and take notes from all written documents, except for the voting record.
Article 5 – Initiation of Disciplinary Proceedings
- The disciplinary proceedings shall be initiated by the Disciplinary Committee of the faculty following a Dean’s proposal.
- The proposal pursuant to Section 1 of this article must always contain:
a) description of the act which is considered a disciplinary infraction, including a specification of the particular legal and/or internal regulations violated;
b) designation of the student purportedly committing the disciplinary infraction;
c) justification as to why the act is considered a disciplinary infraction;
d) adduced evidence supporting the proposal. - The disciplinary proceedings shall be initiated by acquainting the student with the proposal pursuant to Section 1.
Article 6 – Hearing before the Committee
- The non-public oral hearing on the disciplinary infraction shall be held in the presence of the student. This discussion of the infraction may only take place in the absence of the student if the student has failed to excuse themselves in advance. The Chairperson of the Disciplinary Committee assesses the reason for the excuse. The notice of the oral hearing is delivered to the student by hand and via the IS BUT at least five days prior to the discussion.
- The Dean has the right to attend the hearing before the Committee. The Dean has the right to delegate it to the Vice-Dean.
- The chairperson of the Committee shall order the initiation of the oral hearing for a date no later than within 15 business days of the delivery of the proposal.
- The oral hearing shall be initiated by the chairperson of the Committee by informing the participants of the contents of the proposal for initiation of the proceedings and by summarising the findings made so far. Then the student shall be allowed to provide his/her statement on the proposal.
- As a rule, the chairperson of the Committee shall prepare and conduct the hearing so as to be able to reach a decision in one oral hearing. The chairperson of the Committee shall take appropriate measures to steer the hearing to obtaining underlying materials for a fair assessment of and decision on the matter.
- The hearing of the Committee shall be recorded. The record shall contain in particular: the designation of the matter at hand, and a description of the course of the oral hearing. The record shall be signed by the chairperson and the secretary.
Article 7 – Suspension of the Proceedings
The Disciplinary Committee may suspend the proceedings of the act, which is subject to the proceedings if the subject of proceedings against the student takes place with another body until the proceedings with another body are terminated effectively.Article 8 – Proposal of the Committee
- In cases where, after a hearing, the Disciplinary Committee concludes that the act referred to in the proposal for initiating disciplinary proceedings has not or does not constitute a disciplinary infraction, or where it becomes apparent in the proceedings that the disciplinary infraction has not been committed by the student concerned and/or that the person who committed the disciplinary infraction has ceased to be a student, the Committee proposes to the Dean that the disciplinary proceedings be discontinued by its decision. This procedure also applies to cases where the disciplinary infraction cannot be heard.
- In cases other than those referred to in Section 1, the Disciplinary Committee, after hearing the case, proposes to the Dean that they, by their decision, find the student guilty of a disciplinary infraction and impose the proposed sanction under Article 2 of this Code or refrain from imposing a sanction.
- In addition to the recommendation, the Committee's proposal also states its reasons.
- The Committee decides on the proposal by vote. The proposal is adopted if more than a majority of the members present are in favour of it.
- The Committee submits the proposal for a decision on the disciplinary infraction to the Dean, through the Chairperson, within 5 working days of the adoption of the resolution.
Article 9 – Decision-making
The issuance of the decision on the disciplinary infraction is a decision on the rights and obligations of students within the meaning of Section 68 (1)(h) of Act No. 111/1998 Coll. on Higher Education Institutions and on Amendment to Other Acts (the Higher Education Act), as amended. The relevant provisions of the Act shall thus apply to the decision-making.Article 10 – Final Provisions
- The Disciplinary Rules for Students of FFA BUT were approved by the FFA Academic Senate on 22 February 2017.
- The Disciplinary Rules for Students of FFA BUT enter into force on the day of the approval.
Disciplinary Committee
The Disciplinary Committee discusses disciplinary infractions of FFA BUT students and submits a proposal for the decision. Its work is governed by the Disciplinary Rules for Students (see above). The Disciplinary Committee has 6 members. Half of the members of the FFA Disciplinary Committee are students. The term of office of the members of the Disciplinary Committee is two years. Should any of the above-mentioned members of the Disciplinary Committee terminate their employment or studies at the FFA BUT, their term of office ends no later than the date of termination of such employment or studies. The Secretary of the Disciplinary Committee is not a member of the Disciplinary Committee. The Secretary performs the organizational and administrative tasks necessary to ensure the activities of the Disciplinary Committee.
The current members of the Committee are listed here.
Responsibility: doc. MgA. Filip Cenek