Disciplinary Procedure

The course of a disciplinary procedure

1. Initiation

A report of a disciplinary violation, for example plagiarism, is submitted to the University Attorney.

2. Investigation and its conclusion

If, in the opinion of the University Attorney, there is suspicion of a disciplinary violation, he or she summons the accused person to a hearing. At the hearing, the accused person is questioned about the allegation and may comment on it. The accused person has the right to be assisted by Attorney and to inspect the case files. In addition, the University Attorney may question other persons and, for example, obtain files in order to clarify the facts of the case.

If the University Attorney considers that a violation of the Disciplinary Regulations has occurred, he or she has two possible courses of action: In the case of a minor violation, he or she may issue a reprimand or — with the consent of the accused person — order community service for the benefit of the university. If these disciplinary measures appear insufficient, the University Attorney may also impose a suspended exclusion from university continuing education for a period of up to one semester. If the violation is more serious, the University Attorney may apply to the Disciplinary Commission for the imposition of a sanction (see below). In minor cases, or if the conduct of the accused person has already been sanctioned elsewhere, the University Attorney may refrain from taking any measure and discontinue the proceedings. If no disciplinary violation can be established, the University Attorney shall discontinue the proceedings.

3. Proceedings before the Disciplinary Commission

The Disciplinary Commission consists of faculty members, assistants, students, and representatives of the staff. On the basis of the application by the University Attorney, it conducts a closed (non-public) hearing in the presence of the person concerned and the University Attorney. If, after confidential deliberation, the Commission is of the opinion that a serious disciplinary violation has occurred, it imposes a sanction. If, contrary to the view of the University Attorney, it cannot establish a disciplinary violation, it discontinues the proceedings.

4. Appeal

An appeal may be lodged with the Appeals Commission against the decision of the Disciplinary Commission, and against the decision of the Appeals Commission an appeal may be brought before the Administrative Court. Decisions of the University Attorney that conclude the proceedings (reprimands, discontinuations) may likewise be challenged. In these cases, the Appeals Commission has jurisdiction.

5. The consequences of disciplinary violations

The legal consequences of any disciplinary violations are set out in § 11 of the Disciplinary Regulations. These include, first, a written reprimand as a formal warning (lit. a). Furthermore, community service of up to 40 hours for the benefit of the university may be ordered, provided the accused person consents (lit. b). Another disciplinary measure is exclusion from studies or from examinations for a period of one to six semesters (lit. d). In the case of serious or repeated violations, permanent exclusion from the university may be ordered as the most severe sanction. The measures under § 11 lit. d and e may be suspended subject to a probationary period of up to six semesters if the overall circumstances suggest that the accused person will behave properly in the future.