Disciplinary Procedure Concerning Academic Teachers
An academic teacher is liable for a disciplinary offence consisting in a breach of the duties of an academic teacher or of the dignity of the profession.
The expression of religious, ideological or philosophical beliefs does not constitute a disciplinary offence.
Termination of employment does not exclude disciplinary liability for a disciplinary offence committed during the period of employment.
The liability of academic teachers referred to in the Act – Law on Higher Education and Science does not exclude disciplinary or professional liability provided for in separate regulations.
Legal basis for liability
- Articles 275–306 of the Act of 20 July 2018 – Law on Higher Education and Science (hereinafter: PSWiN).
- Regulation of the Minister of Education and Science of 8 June 2022 on the detailed procedure for conducting mediation, explanatory proceedings and disciplinary proceedings in cases of disciplinary liability of academic teachers, as well as the manner of enforcing disciplinary penalties and their expungement.
- In matters not regulated by the above provisions, the relevant provisions of the Act of 6 June 1997 – the Code of Criminal Procedure (hereinafter: CCP) apply accordingly, with the exception of Article 82.
- Sections 183–187 of the Statute of the University of Lodz.
Stages of the proceedings – from notification to enforcement and expungement of a penalty
Below we present a simplified outline of the disciplinary procedure concerning academic teachers of the University of Lodz. The full text of the procedure is available in the attached document.
Before submitting a report to the Rector of the University of Lodz, it is advisable to consider whether the matter may be resolved amicably. Assistance in reaching an amicable resolution may be provided in particular by:
- the direct supervisor,
- the Dean of the faculty or the competent Vice-Dean,
- the Academic Rights Ombudsperson,
- the Coordinator for Counteracting Discrimination, Mobbing and Other Undesirable Behaviours at the University of Lodz.
Psychological support may also be obtained from the Support and Accessibility Centre of the University of Lodz.
Submission of a notification
When to submit a notification
If, due to the nature of the matter or a lack of consent of the persons concerned, it is not possible to resolve the matter amicably, a notification of a possible disciplinary offence should be submitted to the Rector of the University of Lodz.
Who may submit a notification
Notifications may be submitted by:
- members of the academic community of the University of Lodz,
- persons outside the University of Lodz.
If the notification is submitted by a member of the academic community of the University of Lodz, it is recommended that information about its submission be first provided to the head of the relevant organisational unit (e.g. a Dean or Director).
This step is not required if:
- the notification concerns that person,
- or in the opinion of the notifying person, providing such information could adversely affect the course of the proceedings.
Form of the notification
A notification may be submitted:
• using the form provided by the University of Lodz (Appendix No. 3)
• or in another form that enables an assessment of the validity of the notification.
Methods of submission
Notifications may be submitted:
- in paper form – by post to: Narutowicza 68, 90‑136 Łódź,
- in electronic form – via e‑Delivery (electronic delivery address: AE:PL-74796-17640-IHHIV-17),
- in person – by submitting the document at the Rector’s Office secretariat (room 111, Rector’s Office building),
- by e‑mail – to: rektor@uni.lodz.pl
Notifications concerning persons holding functions
If a notification of a possible disciplinary offence concerns:
- the Rector of the University of Lodz,
- the Chair of the Disciplinary Committee for Academic Teachers of the University of Lodz,
- the Chair or a member of the Disciplinary Committee at the General Council for Science and Higher Education,
- the Chair or a member of the Disciplinary Committee at the Minister,
the Rector of the University of Lodz forwards the notification to the minister competent for science and higher education.
If the notification concerns the Rector, the forwarding is carried out by the person designated at the University of Lodz to substitute for the Rector.
Actions available to the Rector after reviewing the notification
After analysing the notification, the Rector of the University of Lodz may:
- leave the matter without further action, if the act described does not constitute a disciplinary offence,
- refer the matter to mediation, if a dispute has arisen between the person concerned by the notification and the injured party,
- impose a reprimand, if the act constitutes a minor disciplinary offence and does not require explanatory proceedings.
Before imposing a penalty, the Rector hears the academic teacher or their defence counsel.
An academic teacher sanctioned with a reprimand may lodge an appeal with the District Court for Łódź‑Śródmieście in Łódź, 10th Labour and Social Security Division – Labour Court, within 14 days from the date of delivery of the notification of the penalty.
The Rector may also instruct the Disciplinary Spokesperson for Academic Teachers of the University of Lodz to conduct the case.
Suspension of an academic teacher
The Rector of the University of Lodz may suspend an academic teacher from the performance of their duties if criminal or disciplinary proceedings have been initiated against that person and, due to the seriousness and credibility of the allegations, their temporary removal from work is justified.
The suspension may not last longer than 6 months.
If criminal proceedings are still pending, the period of suspension may be extended for a further 6 months.
Appeal against the suspension decision
An academic teacher against whom a suspension decision has been issued has the right to lodge an appeal within 14 days from the date of delivery of the decision.
The appeal shall be lodged with:
Sądu Rejonowego dla Łodzi-Śródmieścia w Łodzi [District Court for Łódź‑Śródmieście in Łódź]
X Wydziału Pracy i Ubezpieczeń Społecznych – Sądu Pracy [10th Labour and Social Security Division – Labour Court].
Notification of law enforcement authorities
If there is a justified suspicion that a criminal offence has been committed, the Rector of the University of Lodz is obliged to notify the law enforcement authorities, provided that the offence is prosecuted ex officio (Article 304 Section 2 CCP).
Mediation in a disciplinary matter
Who may refer a case to mediation
A disciplinary case concerning an academic teacher may be referred to mediation, depending on the stage of the proceedings, by:
- the Rector of the University of Lodz,
- the Disciplinary Spokesperson,
- the Disciplinary Committee.
Who conducts mediation
The mediator shall be an academic teacher designated by the Rector of the University of Lodz or a person chosen by the parties, if the mediation is conducted at the explanatory or disciplinary proceedings stage.
Is participation in mediation mandatory?
Participation in mediation is voluntary, and reaching a settlement may result in the discontinuation of the explanatory proceedings.
Significance of mediation outcomes
Positive outcomes of mediation are taken into account when imposing a disciplinary penalty.
Timeframe for mediation
Mediation is conducted within the timeframe set when the case is referred to mediation by:
- the Rector of the University of Lodz,
- the Disciplinary Spokesperson,
- the Disciplinary Committee.
In justified cases, at the mediator’s request, the time limit may be extended for the period necessary to complete the mediation.
Complaint against the Rector’s decision to refer the case to the Disciplinary Officer
When is a complaint available?
A complaint (appeal) against the Rector’s decision instructing the Disciplinary Officer to conduct the case may be lodged with the Disciplinary Committee at the Minister if the case concerns:
- religious beliefs,
- ideological beliefs,
- philosophical beliefs.
Where and how to lodge a complaint
The complaint shall be lodged with the Disciplinary Committee at the Minister through the Disciplinary Officer who received the instruction to conduct the case.
Time limit for lodging a complaint
The time limit for lodging the complaint is 7 days from the date of delivery of the Rector’s decision.
Time limit for examination of the complaint
The Disciplinary Committee at the Minister should examine the complaint within 21 days (instructional time limit).
Further appeal
An appeal against the decision of the Disciplinary Committee at the Minister may be lodged with the Sąd Apelacyjny w Warszawie – Sąd Pracy i Ubezpieczeń Społecznych [Court of Appeal in Warsaw – Labour and Social Security Court].
The lodging of an appeal does not suspend the conduct of the case by the Disciplinary Officer.
Preliminary Proceedings Conducted with the Participation of the Disciplinary Officer
Who initiates the proceedings
The Disciplinary Officer for Academic Teachers of the University of Lodz initiates the handling of the case upon instruction of the Rector of the University of Lodz or ex officio.
Exclusion of the Disciplinary Officer
The provisions on exclusion set out in § 3(1) and (2) of the Regulation apply to the Disciplinary Officer.
Actions taken by the Disciplinary Officer
After initiating the handling of the case, the Disciplinary Officer undertakes the actions necessary to determine whether there are sufficiently substantiated indications of a disciplinary offence, including an assessment of the seriousness of the act, and subsequently:
- issues a decision refusing to initiate explanatory proceedings, where no sufficiently substantiated indications of a disciplinary offence are identified;
- submits to the Rector of the University of Lodz an application for the imposition of a reprimand, where the act constitutes a minor disciplinary offence;
- issues a decision initiating explanatory proceedings.
Time limit for completion of the proceedings
The time limit for the completion of the preliminary proceedings is 3 months (instructional time limit).
Explanatory proceedings conducted by the Disciplinary Officer
Time limit for the proceedings
The explanatory proceedings should be conducted within a period of up to 6 months (instructional time limit).
Parties to the proceedings
The parties to the explanatory proceedings are:
- the person whose act is the subject of the proceedings,
- the injured party or the person who submitted a notification of the commission of an act bearing the characteristics of a disciplinary offence.
Rights of the person concerned by the proceedings
The person whose act is the subject of the explanatory proceedings has the right to:
- submit explanations or refuse to submit them,
- refuse to answer questions,
- use the assistance of a defence counsel,
- submit motions for evidence,
- inspect the evidence material after the completion of the evidence‑taking stage and submit a motion to supplement it within the time limit specified by the Disciplinary Officer.
Evidentiary actions of the Disciplinary Officer
The Disciplinary Officer may, in particular:
- hear witnesses,
- obtain expert opinions,
- secure and preserve other evidence.
Disciplinary Measures
If a witness, an expert or the person whose act is the subject of the explanatory proceedings fails, without justification, to appear in response to a summons issued by the Disciplinary Officer, or if a witness or expert unjustifiably refuses to testify, the Disciplinary Officer may apply to the district court competent for the place of residence of the summoned person for the imposition of a fine of up to PLN 1,500.
This penalty shall not apply if the summoned person was not informed of the consequences of failure to appear or refusal to testify.
Completion of the explanatory proceedings
The explanatory proceedings may be concluded by:
- issuing a decision to discontinue the explanatory proceedings,
- submitting to the Rector of the University of Lodz an application for the imposition of a reprimand, where the act constitutes a minor disciplinary offence,
- submitting by the Disciplinary Officer to the competent Disciplinary Committee an application to initiate disciplinary proceedings.
Appeal against the dismissal of the case
A complaint (interlocutory appeal) may be lodged against a decision of the Disciplinary Officer to discontinue the explanatory proceedings, within 14 days from the date of service of the decision, to the Disciplinary Committee for Academic Teachers of the University of Lodz.
In the event of repeated discontinuation, a complaint may be lodged with the Disciplinary Committee at the Minister.
Statute of limitations
Explanatory proceedings shall not be initiated after the expiry of 5 years from the date of commission of the act.
If the act bears the characteristics of a criminal offence, explanatory proceedings may be initiated until the expiry of the limitation period for criminal liability for that offence.
The above limitation rules do not apply to explanatory proceedings against an academic teacher accused of committing an act referred to in Article 287(1)(1)–(5) of the Law on Higher Education and Science.
Suspension of the explanatory proceedings
The Disciplinary Officer may suspend the explanatory proceedings in the event of a long-term obstacle preventing their conduct, or in the event that preparatory or court proceedings are initiated concerning the act that is the subject of the explanatory proceedings — for the duration of those circumstances.
Disciplinary proceedings – first instance
Initiation of the proceedings
Disciplinary proceedings are initiated upon application of the Disciplinary Officer.
The proceedings are initiated by the Chair of the Disciplinary Committee for Academic Teachers of the University of Lodz or by the Chair of the Disciplinary Committee at the General Council for Science and Higher Education. Jurisdiction of the committee depends on the type of penalty sought and the function held by the person concerned by the explanatory proceedings.
The duties of the Chair also include appointing the adjudicating panel to hear the case.
Adjudicating panel
The adjudicating panel shall consist of at least three members.
The Chair of the adjudicating panel must hold an academic degree not lower than that held by the accused.
As a rule, the Disciplinary Committee for Academic Teachers of the University of Lodz adjudicates in three‑member panels composed of:
- two academic teachers,
- one student.
The provisions on exclusion set out in § 3(1), (2) and (5) of the Regulation apply to members of the adjudicating panel and the recording clerk.
Parties to the proceedings
The parties to the disciplinary proceedings are:
- the accused,
- the Disciplinary Officer.
Public nature of hearings
The disciplinary hearing is public exclusively to the following persons:
- employees of the University of Lodz,
- representatives of student and doctoral candidate self‑government bodies – if the disciplinary offence concerns the rights of a student or doctoral candidate,
- the injured party,
- representatives of the General Council for Science and Higher Education,
- representatives of the Minister,
- a representative of the trade union of which the accused is a member – with the consent of the accused.
Disciplinary measures
If a witness or expert fails, without justification, to appear when summoned by the Disciplinary Committee, or unjustifiably refuses to testify, the Chair of the adjudicating panel may apply to the district court competent for the place of residence of the summoned person for the imposition of a fine of up to PLN 1,500.
This penalty shall not apply if the witness or expert was not informed of the consequences of failure to appear or refusal to testify.
Possible decisions
Disciplinary proceedings may result in:
- acquittal of the accused,
- refraining from imposing a disciplinary penalty,
- imposing a disciplinary penalty,
- discontinuation of the disciplinary proceedings.
Disciplinary penalties include:
- reprimand,
- admonition,
- admonition with a reduction of the basic salary by 10%–25% for a period from one month to two years,
- deprivation of the right to perform the duties of a supervisor, reviewer and member of committees in proceedings for awarding academic degrees and academic titles – for a period from one year to five years,
- deprivation of the right to hold managerial positions in higher education institutions – for a period from six months to five years,
- dismissal from employment at a higher education institution,
- dismissal from employment at a higher education institution with a ban on employment at higher education institutions – for a period from six months to five years,
- deprivation of the right to practise the profession of an academic teacher for a period of 10 years.
Finality of the Decision
A decision against which no appeal has been lodged within the prescribed time limit, or where the appeal has been effectively withdrawn, becomes final.
The finality of the decision shall be confirmed by the Chair of the Disciplinary Committee.
Disciplinary proceedings – second instance
Time limit for lodging an appeal
An appeal shall be lodged within 14 days from the date of delivery of the decision issued in the first instance together with its statement of reasons.
Where and how to lodge an appeal
The appeal shall be lodged with the Disciplinary Committee at the Minister, through the disciplinary committee which issued the first‑instance decision.
Decisions of the Disciplinary Committee at the Minister
The Disciplinary Committee at the Minister may:
- uphold the decision issued in the first instance – in which case the decision becomes final;
- repeal the decision issued in the first instance in whole or in part and issue a decision on the merits of the case – such a decision is final;
- repeal the decision issued in the first instance in whole and refer the case for re‑examination by a different panel of the disciplinary committee which adjudicated in the first instance, with the possibility of indicating further instructions regarding the conduct of the proceedings.
Judicial review
Competent court
The parties are entitled to lodge an appeal against the final decision of the Disciplinary Committee at the Minister with the Sąd Apelacyjny w Warszawie – Sąd Pracy i Ubezpieczeń Społecznych [Court of Appeal in Warsaw – Labour and Social Security Court].
Rules for filing an appeal
The provisions of the Code of Civil Procedure governing appeals shall apply to the appeal accordingly.
Further appeals
There is no cassation appeal against a judgment of the appellate court.
Effect of lodging an appeal
Lodging an appeal with the Court of Appeal in Warsaw – Labour and Social Security Court does not suspend the enforcement of the final decision.
Reopening of proceedings
When can an application for reopening be submitted?
Disciplinary proceedings concluded by a final decision may be reopened if:
- a gross violation of the law has occurred which may have affected the content of the decision;
- after the decision was issued, new facts or evidence unknown at the time of its issuance have come to light, indicating the innocence of the accused, an incorrect legal classification of the act, or unjustified discontinuation of the proceedings;
- provisions were violated in a manner that prevented or significantly hindered the exercise of the right to defence, or the decision was issued by a disciplinary committee in an improper composition or with the participation of a person subject to exclusion;
- a final decision which constituted the basis for discontinuation of the proceedings has been repealed or materially amended.
When reopening is not permitted
Reopening of the proceedings on the grounds of a gross violation of the law is inadmissible if the case has already been examined by the Court of Appeal in Warsaw – Labour and Social Security Court.
Where to submit the application
An application for reopening of the disciplinary proceedings shall be submitted to the Disciplinary Committee which issued the final decision in the case.
Who and when may apply for reopening
An application for reopening of the proceedings may be submitted, within 30 days from the date on which information about the grounds justifying reopening was obtained, by:
- the accused,
- the defence counsel,
- the Disciplinary Officer,
- and, after the death of the accused or in the event of justified doubts as to their sanity, also by their spouse, a lineal relative, a brother or a sister.
Enforcement and expungement of disciplinary penalties
Enforcement of a disciplinary penalty
The Rector of the University of Lodz, immediately after receiving a final decision of the Disciplinary Committee, orders the enforcement of the imposed disciplinary penalty, places the decision in the personal file of the academic teacher, and notifies the Minister thereof.
Information on a final disciplinary penalty referred to in Article 276(1)(4)–(8) of the Law on Higher Education and Science is entered into the POL‑on system.
Information on the termination of the employment relationship resulting from the imposition of a penalty referred to in Article 276(1)(6)–(8) LoHES is entered into the academic teacher’s employment certificate.
Expungement by operation of law
Disciplinary penalties specified in Article 276(1) LoHES are expunged:
- after 3 years – in the case of penalties referred to in points 1–3,
- after 5 years – in the case of penalties referred to in points 4–7,
- after 15 years – in the case of the penalty referred to in point 8,
counting from the date of enforcement of the penalty, provided that during this period the sanctioned person has not been subject to another disciplinary penalty and has not been finally convicted of an intentional criminal offence or an intentional fiscal offence.
Expungement upon application of the sanctioned person
The Disciplinary Committee which imposed the disciplinary penalty may, upon application of the sanctioned person, decide on its expungement.
The application may be submitted no earlier than after the lapse of 2 years from the date of enforcement of the penalty.
Bodies involved in disciplinary proceedings
Files for download
UniLodz Unified
Please note that other procedures applicable at the University of Lodz may also apply to your case, in particular the Anti‑Discrimination and Anti‑Mobbing Procedure at the University of Lodz.
Further information is available on the UniLodz Unified website.