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Disciplinary procedure concerning doctoral school students

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University of Lodz

A doctoral school student is subject to disciplinary liability for breaches of the regulations in force at the entity operating the doctoral school, i.e. the University of Lodz, as well as for conduct unbecoming of a doctoral student.

    Legal basis for disciplinary liability

    • Article 322(1) in conjunction with Articles 307(2) and 308–320 of the Act of 20 July 2018 – Law on Higher Education and Science.
    • The Regulation of the Minister of Science and Higher Education of 28 September 2018 on the detailed procedure for explanatory and disciplinary proceedings in student cases, as well as the enforcement and expungement of disciplinary penalties, as applied accordingly.
    • In matters not governed by the above provisions, the relevant provisions of the Act of 6 June 1997 – the Code of Criminal Procedure apply accordingly, with the exception of Article 82.
    • Sections 200–201 of the Statute of the University of Lodz.
    [Translate to English:] Element dekoracyjny

    Where to obtain assistance and information

    All information and support regarding disciplinary matters concerning students, doctoral school students and academic staff of the University of Lodz are provided by the Explanatory and Disciplinary Proceedings Section within the Rector’s Office of the University of Lodz.

     

    University of Lodz Rector’s Office building, room 104 (Narutowicza 68)
    e‑mail: dyscyplinarne@uni.lodz.pl
    phone: +48 42 635 40 09

    Stages of the proceedings – from notification to enforcement and expungement of the penalty

    Below we present a simplified outline of the disciplinary procedure concerning doctoral school students of the University of Lodz. The full text of the procedure is available in the attached document.

    Before submitting a notification 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 Director of the relevant Doctoral School,
    • the Doctoral Student Ombudsperson,
    • 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 UniLodz Support and Accessibility Centre.

    Submission of a notification

    When to submit a notification

    If, due to the nature of the case or the lack of consent of the parties involved, it is not possible to resolve the matter amicably, a notification of a suspected 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 UL academic community, it is recommended that information about its submission be first provided to the head of the relevant unit (e.g. a Dean or Director), unless the notification concerns that person or, in the opinion of the reporting person, such disclosure could negatively affect the course of the case.

    Form of the notification

    A notification may be submitted:

    • using the form provided by the University of Lodz (Appendix No. 2),
    • or in another form that enables an assessment of the validity of the notification.

    All available evidence should be attached to the notification, in particular:

    • copies of documents,
    • correspondence (paper, email, SMS),
    • audio or video recordings,
    • screenshots,
    • photographs.

    Methods of submission

    Notification may be submitted:

    • in paper form – by post to: Narutowicza 68, 90‑136 Łódź,
    • electronically – via e‑delivery (electronic delivery address: AE:PL‑74796‑17640‑IHHIV‑17),
    • in person – by submitting the document to the Rector’s Office secretariat (room 111, Rector’s Office building),
    • by email – to: rektor@uni.lodz.pl.
    Mediation in disciplinary matters

    Who may refer a case to mediation

    A disciplinary case concerning a doctoral school student may be referred to mediation, depending on the stage of the proceedings:

    • by the Disciplinary Officer – at the explanatory proceedings stage,
    • by the Disciplinary Committee – at the disciplinary proceedings stage.

    Who conducts mediation

    A mediator is appointed by the Disciplinary Officer or by the Disciplinary Committee, depending on the stage at which mediation is conducted.

    Is participation in mediation mandatory?

    Participation in mediation is voluntary.

    Significance of mediation outcomes

    Positive mediation outcomes may be taken into account when determining a disciplinary penalty.

    Timeframe for mediation

    Mediation is conducted within the timeframe set when the case is referred to mediation by the Disciplinary Officer or the Disciplinary Committee. In justified cases, this timeframe may be extended at the mediator’s request.

    Explanatory proceedings

    Who initiates proceedings

    Explanatory proceedings are initiated by the Disciplinary Officer upon instruction from the Rector of the University of Lodz, who is subsequently informed of the findings.

    Exclusion of the Disciplinary Officer

    The rules on exclusion of the Disciplinary Officer apply accordingly pursuant to the Code of Criminal Procedure.

    Time limits

    The standard duration of explanatory proceedings is up to 6 weeks. In justified cases, with the Rector’s consent, this period may be extended to 12 weeks (indicative time limit).

    Parties to the proceedings

    The parties to the explanatory proceedings are:

    • the person whose conduct is under investigation,
    • the injured party or the person who submitted the notification.

    Rights of the person concerned

    The person concerned has the right to:

    • provide explanations or refuse to do so,
    • refuse to answer individual questions,
    • be assisted by a defence counsel,
    • submit motions for evidence,
    • review the evidence after the evidentiary stage and request its supplementation within the time limit set by the Disciplinary Officer.

    Evidentiary actions by the Disciplinary Officer

    Evidentiary actions conducted by the Disciplinary Officer include:

    • hearing witnesses,
    • obtaining expert opinions,
    • securing and recording other evidence.

    Conclusion of explanatory proceedings

    Upon completion of explanatory proceedings, the Disciplinary Officer:

    • issues a decision discontinuing the proceedings (subject to approval by the Rector of the UL),
    • submits a motion to the Rector of the UL to impose a reprimand in the case of a minor offence,
    • submits a motion to the Disciplinary Committee for Doctoral Students of the UL to impose a disciplinary penalty.
    Disciplinary proceedings – first instance

    Initiation of proceedings

    Disciplinary proceedings are initiated upon a motion by the Disciplinary Officer and are conducted by the Disciplinary Committee for Doctoral Students of the University of Lodz.

    Adjudicating panel

    As a rule, the adjudicating panel consists of three members:

    • two academic staff members,
    • one doctoral school student.

    Where expulsion from the University is sought, the panel consists of five members:

    • three academic staff members,
    • two doctoral school students.

    The provisions on exclusion, applied accordingly under the Code of Criminal Procedure, also apply to the recording clerk.

    Parties to the proceedings

    The parties are:

    • the accused doctoral school student,
    • the Disciplinary Officer.

    Statue of limoitations

    Disciplinary proceedings may not be initiated after 6 months from the date on which the Rector of the UL became aware of the act, or
    3 years from the date of its commission, subject to statutory exceptions. Where the act constitutes a criminal offence, proceedings may be initiated until the expiry of the limitation period for that offence.

    Public nature of hearings

    Hearings are in principle public. The public may be excluded in whole or in part for reasons of public decency or to protect the interests of the accused doctoral student, the University or third parties.

    Disciplinary measures

    The Disciplinary Committee may suspend a doctoral school student from doctoral student rights if, despite proper notification, they repeatedly and unjustifiably fail to attend Committee hearings.

    Possible decisions

    The Disciplinary Committee may decide to:

    • acquit the accused person,
    • impose a disciplinary penalty (reprimand, formal warning, formal warning with reprimand, suspension from specified doctoral student rights for up to one year, expulsion from the University),
    • discontinue the proceedings.

    Finality of decisions

    A decision becomes final if no appeal is lodged within the prescribed time limit or if the appeal is validly withdrawn. Finality is confirmed by the Chairperson of the Disciplinary Committee.

    Disciplinary proceedings – second instance

    Time limit for lodging an appeal

    An appeal against a decision of the Disciplinary Committee for Doctoral Students of the UL may be lodged with the Appeals Disciplinary Committee for Doctoral Students of the UL within 14 days of delivery of the decision together with its justification.

    Decisions of the Appeals Disciplinary Committee for Doctoral Students of the University of Lodz

    The Appeals Disciplinary Committee may:

    • uphold the challenged decision,
    • set aside the decision and decide the case on the merits,
    • set aside the decision and remit the case for reconsideration.
    Judicial review

    Where can a complaint be filed?

    A final decision of the Appeals Disciplinary Committee for Doctoral Students of the UL may be challenged by lodging a complaint with the Voivodeship Administrative Court (WSA) in Łódź within 30 days of delivery of the decision together with its justification.

    Further judical control

    A cassation appeal against a judgment may be filed with the Supreme Administrative Court and must be prepared by a qualified legal representative.

    Reopening of proceedings

    When can an application for reopening be submitted?

    Disciplinary proceedings concluded by a final decision may be reopened if:

    • a serious breach of law occurred that could have affected the outcome,
    • new facts or evidence emerge indicating innocence, incorrect legal qualification or unjustified discontinuation,
    • procedural breaches seriously impaired the right of defence or the decision was issued by an improperly composed body or with the participation of a person subject to exclusion,
    • the decision forming the basis for discontinuation was repealed or substantially amended.

    When reopening is not possible

    Reopening on the grounds of a serious breach of law is not permitted if the case has already been examined by an administrative court.

    Who may submit an application for reopening

    An application for reopening may be submitted by:

    • the penalised person,
    • the Disciplinary Officer for Doctoral Students of the University of Lodz.

    To whom should the application be submitted?

    An application for reopening disciplinary proceedings shall be submitted to the Disciplinary Committee that issued the final decision in the case.

    Within what time limit shall the application be submitted?

    The application must be submitted to the Disciplinary Committee that issued the final decision, within 30 days of becoming aware of the grounds for reopening.

    Enforcement and expungement of disciplinary penalties

    Enforcement of disciplinary penalties

    Upon receipt of a final decision, the Rector of the University of Lodz promptly orders enforcement of the disciplinary penalty and places the decision in the doctoral student’s personal file.

    A disciplinary penalty shall be expunged by operation of law

    As a rule, a disciplinary penalty is expunged by operation of law after 3 years from the date on which the decision became final. Upon application by the penalised person, earlier expungement may be ordered, no sooner than one year after finality.

    Until expungement, the penalty of expulsion from the University prevents re‑admission to studies at the University of Lodz.

    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.