Disciplinary Code for Students of the Second Faculty of Medicine of Charles University

DISCIPLINARY CODE FOR STUDENTS OF THE SECOND FACULTY OF MEDICINE OF CHARLES UNIVERSITY

Under section 27 (1) (b) of Act No. 111/1998 Sb., to regulate higher education institutions and to change and amend other laws (“the Higher Education Act”), as amended, the Academic Senate of the Second Faculty of Medicine has adopted the following Disciplinary Code for Students of the Second Faculty of Medicine of Charles University as its internal regulation:

Article 1

Introductory Provision

Under Article 3 (13) of the Disciplinary Code for Students of Charles University (“the Disciplinary Code of CU”), this Disciplinary Code for Students of the Second Faculty of Medicine of Charles University (“the Code”) provides the details on the Disciplinary Board and the rules of procedure at the meetings of this Board at the Second Faculty of Medicine. Infringements of disciplinary rules by students, the imposition of sanctions for such infringements, the disciplinary proceedings, and appellate proceedings are regulated by the Disciplinary Code of CU.*

Article 2

Disciplinary Board of the Faculty

1. The Disciplinary Board of the Faculty (“the Board”) has six members; three members are students and the other three are academic staff.  The Board has four alternate members, two of which are students and two are academic staff. Members and alternate members of the Board must be members of the Academic Community.
2. The Dean appoints and dismisses members and alternate members of the Board subject to the approval of the Academic Senate of the Faculty.[1]
3. The term of office of the members of the Board is two years.
4. Membership in the Board terminates before the expiry of the term of office on the date of delivery of the Board membership resignation to its chairperson; by the termination of membership in the Academic Community of the Faculty; or by the removal of the member of the Board by the Dean. The reasons for termination of membership apply to alternate members by analogy.
5. Where a position of a member of the Board falls vacant under (4), the alternate member called by the chairperson of the Board takes the vacancy for the time remaining to the end of the term of office.
6. The Board elects the chairperson from among its members, and dismisses him. The Dean convenes the first session of the Board, during which the election of the chairperson will take place, within thirty days of the appointment of Board members.
7. Administrative support to the activities of the Board is provided by the Dean’s Office.

Article 3

Certain Rules of Procedure of the Disciplinary Board of the Faculty

1. Consideration of disciplinary infringements committed by students enrolled in the Second Faculty of Medicine is governed by the Administrative Procedure Code,[2] the Higher Education Act,[3] and the CU Disciplinary Code.[4]
2. Within five calendar days after the receipt of the Dean’s proposal under Article 4 (2) of the CU Disciplinary Code, the chairperson of the Board sends a notification of the commencement of disciplinary proceedings and the counterpart of the Dean’s proposal to the student. When the notification and the Dean’s proposal are delivered to the student, the chairperson of the Board sets the date for the hearing and invites the student whose disciplinary infringement will be considered to participate in the hearing before the Board.
3. Members and alternate members must participate in those sessions of the Boards to which they are invited. If it is known that a member of the Board is not able to participate in a session, the chairperson invites the appropriate alternate member so that the parity of composition of the Board is preserved. Such alternate member has the rights and duties of a member of the Board at a session to which he has been invited.
4. If the Board considers an infringement committed by a member of the Board, an alternate member for that member participates in the session of the Board.
5. The Board has a quorum if a majority of its members is present. The chairperson of the Board adjourns the session upon a member’s proposal if the parity of representation of students’ and academic staff members in the Board is not preserved. Each member of the Board must vote.
6. As a matter of principle, consideration of disciplinary infringements is not open to the public.[5]
7. Upon a member’s proposal, the Board may decide individual issues by secret ballot. In other cases the vote is public.
8. The chairperson of the Board may charge the Dean’s Office with the provision of expert assistance or expert assessment of facts related to the disciplinary infringement considered.

Article 4

Transitional and Final Provisions

1. Disciplinary proceedings started before the legal effect of this Code will be completed under the existing regulation.
2. The term of office of the Board appointed before the legal effect of this Code is not affected.
3. The Disciplinary Code for Students of the Second Faculty of Medicine of Charles University approved by the Academic Senate of Charles University on 10 October 2008 is hereby repealed.
4. The Code comes into force on the date of approval by the Academic Senate of Charles University.[6]
5. The Disciplinary Code becomes effective on 1 October 2017.

The Academic Senate of the Faculty approved this Code on ....................................................

The Academic Senate of Charles University approved this Code on ........................................