Questions About Disciplinary Matters
1. What Is “Archive Research” (Background Check)?
It is a mandatory pre-employment procedure for those who have become entitled to appointment to our University from outside or by reappointment. The candidate’s information is sent to the Provincial Directorate of Security of the candidate’s place of residence for the background check. If the result is positive, the appointment process begins.
2. Within What Time Must a Disciplinary Investigation Be Initiated?
From the date the act/incident becomes known:
1 month for warning, reprimand, salary deduction, and stoppage of step advancement;
6 months for dismissal from the university teaching profession or dismissal from public service.
3. How Is the Right of Defense Exercised in a Disciplinary Investigation?
The person subject to investigation has the right to submit a written defense. No disciplinary sanction may be imposed without granting the right of defense.
4. Who Imposes the Penalty of Dismissal From the University Teaching Profession?
The High Disciplinary Board.
5. May a Faculty Member Who Receives a Disciplinary Penalty Apply to Court?
Yes. They may apply to the administrative court to challenge the penalty and request its annulment.
6. How Can an Administrative Staff Member Appeal a Disciplinary Penalty?
Within 7 days of notification, they may appeal to the superior disciplinary authority or apply to the administrative court.
7. Which Authority May Suspend a University Employee From Duty?
The Rector.
8. What Happens to Salary During Suspension?
One-third of the salary is withheld during suspension; until a final penalty is imposed, full salary cannot be entirely cut.
9. What Penalties Does the High Disciplinary Board Decide On?
It decides on dismissal from the university teaching profession and dismissal from public service.
10. Are Witness Statements Binding in University Disciplinary Investigations?
Witness statements may be used as evidence, but a single person’s statement alone is not conclusive; supporting evidence is required.
11. How Are Decisions Taken in Disciplinary Boards?
By majority vote. In the event of a tie, the chair’s vote is decisive.
12. Can Social Media Posts by Academics/Staff Lead to Disciplinary Penalties?
Yes, if posts undermine the institution’s reputation or involve ethical violations, they may be subject to disciplinary proceedings.
13. May the University Decide That a Teaching Staff Member Under Investigation Shall Not Teach?
Yes. During the investigation—especially where students may be affected—teaching may be temporarily suspended.
14. What Are the Limits of the Rector’s Authority to Impose Disciplinary Penalties?
The Rector may impose warning and reprimand. Salary deduction and stoppage of step advancement (or multiple salary deductions) are imposed by the disciplinary board of the unit where the person serves. Dismissal from the university teaching profession and dismissal from public service are imposed by the High Disciplinary Board upon the proposal of the appointing authority.
15. What Happens If the Same Disciplinary Offense Is Repeated Under Article 53 of Law No. 2547?
A more severe disciplinary penalty is imposed.
16. How May a Person Defend Themselves During a Disciplinary Investigation Under Article 53?
They may submit a written or oral defense, present evidence, call witnesses, and, where necessary, obtain legal counsel.
17. Are Disciplinary Procedures for Administrative Staff Assessed Under Article 53 of Law No. 2547?
Academic staff are subject to this article; administrative staff are generally subject to the Civil Servants Law (Law No. 657).
18. Does a Disciplinary Penalty Affect an Academic’s Title (Professor, Associate Professor)?
Not directly; however, it may limit prospects for academic promotion and administrative assignments.
19. May Disciplinary Penalties Be Expunged Under Article 53?
Upon application to the appointing authority:
Warning and reprimand may be removed from the personnel file after five years from enforcement;
Salary deduction and stoppage of step advancement (or multiple salary deductions) after ten years—if the person’s conduct during these periods justifies the request.
20. Do Disciplinary Penalties Affect Relations With Scientific Bodies Such as TÜBİTAK?
They may—especially for ethical violations, which can hinder participation in TÜBİTAK projects or access to funding.
21. Under Article 53 of Law No. 2547, What Is the Time Limit to Impose a Penalty After the Act Becomes Known?
A disciplinary penalty must be imposed within 2 years from the date the act becomes known; after this period, no penalty may be imposed.
22. If an Academic Resigns During the Disciplinary Process, Does the Process Continue?
Yes. The disciplinary investigation continues to completion.
23. How Is the Lawfulness of Disciplinary Penalties Reviewed Under Article 53?
By the administrative judiciary. The person may apply to the administrative court to seek annulment.
24. May the Disciplinary Process and Criminal Proceedings Run Concurrently?
Yes. If the act constitutes both a disciplinary offense and a criminal offense, both processes may proceed simultaneously.
25. While a Criminal Investigation Is Underway, May a Disciplinary Investigation Also Be Opened Against an Academic?
Yes. The criminal process is separate; where the act constitutes a disciplinary offense, a disciplinary investigation may be opened.
26. While a Criminal Investigation Is Underway, May a Disciplinary Investigation Also Be Opened?
Yes. If the act constitutes a disciplinary offense, the University administration may initiate a disciplinary investigation.
27. Does an Acquittal in Criminal Court Automatically Eliminate the Disciplinary Penalty?
No. An acquittal does not automatically nullify disciplinary proceedings or penalties.