T.C
COUNCIL
- HEAD OF DEPARTMENT
BASE NO: 2011/6339
DECISION NO : 2013/8799
DATE OF DECISION:26/11/2013
Summary of the Request : Istanbul 1. 13/05/2011 day and date of the Administrative Court E:2010/2218, K:2011/763 49 of Law No. 2577, arguing that decision No. 2577 is contrary to the law. according to its article, it is a request that the appeal be reviewed and overturned.
Summary of the Defense : No defense is given.
Opinion of the Examining Judge of the Council of State: It is considered that the Court decision should be overturned with the adoption of the request.
ON BEHALF OF THE TURKISH NATION
The need for work was discussed by the Eighth Chamber of the ruling Council of State:
Dava, Istanbul University Faculty of Letters Department of Geography 4. article 8 of the Student Discipline Regulation of Higher Education Institutions published in the Official Gazette dated 13.01.1985 and numbered 18634 of the plaintiff, who is a class student. it was opened on 03.11.2010 with the request to cancel the transaction numbered 3230 for the punishment of “one week suspension from Higher Education Institution” in accordance with paragraph (a) of article (a).
Administrative Tribunal; a higher education institution from a week in suspension until a month will be given directly by the dean of the relevant faculty in the direction that the transfer of powers and in accordance with the legislation but also in case of the rule shall be given explicitly in the law that may be possible in the face of absence are established by law in which case the transaction uyarlik deputy dean for the reason that it was decided to cancel the transaction.
Article 16 of the Higher Education Institutions Student Discipline Regulation dated 13/1/1985 and published in the Official Gazette No. 18634 entitled “The Right to Defense”. in this article, at least seven days before the date of his defense, he will be notified in writing why the crime attributed to the student who has been opened a disciplinary investigation in paragraph (a) of article (a) consists of; it is stipulated that the student will be asked to be present on the specified day, time and place to make his/her defense, and if it is not possible to make a notification, the student will contact the investigator to make his/her defense, the matter will be announced in certain places of the organization to which he/she belongs.
35 of the same Regulation entitled “Notification and Address Notification”. in the article “Any kind of notification due to disciplinary prosecution shall be deemed completed by making it in writing to the address that the student informs the higher education institution at the time of registration or by announcing the receipt of the notification at the relevant higher education institution. Students who have not registered this in the institutions to which they belong or have given a wrong or incomplete address, even if they have changed the address they reported when registering at the higher education institution, cannot claim that they have not been notified if the notification has been made to their current address at the higher education institution.” the rule has been included and is entitled ”The Way of Correspondence” 37. in the article “Correspondence with persons shall be made with a return commitment. If the document is given by hand, the signed document is stored in the file. 35. the provisions of the Notification Law No. 7201 are applied in other matters, except for the form of notification in the article.” the arrangement has been included.
The examination of the file, the plaintiff, due to the verbal abuse and insult on 27.05.2010 actual security guards and two students invited to give its judgment in defense advertise disciplinary proceedings against the petitioner’s defense given on 11.10.2010 , organized in accordance with the verbs that were attributed by the report of inquiry brought the offer of TCL as the source of the realization of the bet, deputy dean of Student Disciplinary Regulations No. 3230 date 03.11.2010 process and institutions of higher education by 8. it is understood that in accordance with paragraph (a) of article “one week suspension from higher education institution” is punishable by a fine, and the case under consideration was opened with a request to cancel the said transaction.
Disciplinary action will be given to students of a higher education institution higher education institution within the aim of peace, tranquility, and discipline, training and education activities incompatible with education and training activities in a proper manner is the Prevention of acts and behaviors that hinder the execution. However, due to the fact that disciplinary penalties to be applied against students will closely affect the right of students to education and training, the procedures and principles for a disciplinary investigation are bound by strict rules. In this context, the 16th of the Higher Education Institutions Student Discipline Regulation. in its article, the obligations that the administration must comply with in order for the student who has been subjected to a disciplinary investigation to benefit from the right to defend himself are clearly and thoroughly regulated.
In accordance with the aforementioned legislation, in order for the plaintiff to defend, the reason for the crime attributed to the plaintiff must be reported to the address that the plaintiff reported to the higher education institution at least seven days before the date of his defense, and if notification is not possible, the announcement path must be applied, while during the investigation, the plaintiff’s address is requested to defend by announcement without going to the notification path.
Therefore; higher education institutions as provided in the student disciplinary regulations, were attributed to a certified notice to the plaintiff and the defense of the verb specified time due to failure of the investigation that is not understood executed in accordance with the aforementioned regulations prescribed in the rules, duly, regardless of the defense held, in the process of disciplinary action depending on the investigation report legislation and law has given uyarlik.
In this case, the subject matter of the lawsuit is unlawful due to the fact that the transaction was established by an unauthorized deputy dean as specified in the Court decision, as well as due to the fact that the plaintiff’s defense was not duly received during the disciplinary investigation phase.
For the reasons described; Istanbul 1. Administrative Court of Appeal decision the reasons mentioned above are approved for the file to be sent to the court referred to,after the date of notification of this decision 15 (fifteen) days following the path to the correction of the decision to be clear, it’s unanimous on 26/11/2013.
