A student is subject to disciplinary responsibility for violation of university regulations and for an act that disgraces the dignity of the student (Article 307 Polish Law on Higher Education and Science, 20 July 2018 - hereinafter referred to as p.s.w.n.).
Disciplinary penalties include (Article 308 p.s.w.n.):
1. admonition;
2. reprimand;
3. reprimand with warning;
4. suspension from certain student rights for up to 1 year;
5. expulsion from the university.
Laws governing disciplinary responsibility of students:
I. Proceedings conducted by the Rector
After the initial review of the notification that a student may have committed a disciplinary offense, the Rector has the right to:
1. independently recognize the case and:
- recognize that the student's act does not fulfill the elements of a disciplinary offense and take no further action;
- recognize that the student's act fulfills the elements of a disciplinary offense, but it is a minor offense and impose a penalty of admonishment after hearing the student (Article 312(1) p.s.w.n.);
2. order the disciplinary commissioner to initiate and conduct an investigation.
II. Investigation by the disciplinary commissioner (duration: maximum 6 wks):
1. issuing of a decision to initiate an investigation (§ 5 of the Reg.);
2. the investigation of evidence (§ 6 of the Reg.);
3. bringing charges against the student whose act is the subject of the investigation and questioning him (§ 7 and 8 Reg., Art. 313 § 3 and 4 of the K.p.k..);
4. further investigation of evidence, in particular in connection with the consideration of the evidentiary motions of the student who is the subject of the investigation or his defense counsel (§ 9(1) of the Reg., Article 315 of the K.p.k..);
5. final familiarization with the collected evidence and possible supplementation of the evidentiary proceedings (§ 9(2) of the Reg., Article 321 of the K.p.k..);
6. conclusion of the investigation (Article 312(2) p.s.w.n., § 11 of the Reg.) - decision:
- decision to dismiss the proceedings, or
- application to the Rector for a reprimand, or
- application to the disciplinary committee for punishment (§ 12 of the Reg.)
III. Proceedings before the disciplinary committee
1. Preliminary actions of the chairman:
- preliminary evaluation of the application
- assignment of the adjudicating panel and the date of the meeting of the committee.
2. Classified meeting of the disciplinary committee:
- refusal to initiate disciplinary proceedings (§ 13(5) of the Reg.)
- return of the application to the disciplinary commissioner to complete the investigation (§ 13(4)(3) of the Reg., Article 344a of the K.p.k..)
- initiation of disciplinary proceedings - referral for hearing.
3. Hearing before the disciplinary committee:
- calling the case, checking the presence of summoned individuals and ordering witnesses to leave the courtroom (§ 18 para. 2 sentence 1 of the rozp., art. 381 and 384 of the K.p.k..);
- reading by the disciplinary commissioner of the request for punishment;
- hearing the accused (§ 18 para. 2 sentence 2 of the rozp.);
- taking evidence (§ 18 para. 3-7 of the rozp, Art. 392 and Art. 394 § 2 of the K.p.k..);
- closing of the committee's proceedings (Art. 405 of the K.p.k..);
- final votes (§ 18(8) of the Reg.);
- deliberation and voting on the judgment (§ 20 and 21 of the Reg., ch. 12 of the K.p.k..);
- announcement of the judgment (§ 24 of the Reg., Art. 418 of the K.p.k..)
4. Termination of proceedings before the disciplinary committee:
- acquittal or
- dismissal of the proceedings or
- punishment.
IV. Proceedings before the appellate disciplinary committee
1. Stages:
- calling the case and checking the presence of summoned individuals (art. 381 in connection with art. 458 of the K.p.k..);
- report on the disciplinary case under consideration (§ 28(1) of the Reg., art. 453 § 1a of the K.p.k..);
- hearing the parties (§ 28(2) of the Reg, Article 453 § 3 of the K.p.k..);
- deliberation and voting on the judgement (§ 20 in conjunction with § 31 of the Reg., Article 433, Article 434 § 1 and 2, and Article 454 of the K.p.k..);
- announcement of the decision (§ 24 in conjunction with § 31 of the Reg., Article 418 in conjunction with Article 458 of the K.p.k..).
2. Completion of the proceedings before the disciplinary appeals committee:
- uphold the judgement of the disciplinary committee or
- revoke the above-mentioned judgement and decide on the merits of the case or
- revoke the above-mentioned judgement and remit the case for reconsideration
V. Proceedings before administrative courts
Proceedings conducted in accordance with the provisions of the Polish Law on Proceedings before Administrative Courts.