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performance will have no effect on whether a disciplinary procedure is started or on what sanction is applied. Section 9 (1) The procedure may be terminated with a warning as an alternative to a sanction if the severity of the violation is moderate with regard to the circumstances of the case (the character of the student, the motives of the violation and the manner of committing the violation in particular) and therefore not even the mildest sanction is required and the educational effect of the warning will suffice. (2) By issuing a warning, the disciplinary board expresses its disapproval and communicates to the student that their actions were wrong and instructs them not to violate the rules in the future, thus avoiding future disciplinary procedures. PART 4. DISCIPLINARY PROCEDURE SEMMELWEIS UNIVERSITY Act, Section 70 (1) The student may act in person or through a representative authorised through a power of attorney in accordance with Sections 222–223 of the Civil Code. Section 10 The disciplinary procedure starts after a violation is reported or after a competent person officially learns of the violation. Act, Section 71 (1) A disciplinary procedure may be started by the head of the institution or the person specified in the rules of organisation and operation. Section 11 (1) The disciplinary procedure is started by an order of the Dean or the Chair of the Doctoral Council. (2) If the Dean or the Chair of the Doctoral Council is permanently obstructed in starting the procedure, the deputy appointed for this purpose may initiate the procedure. Act, Section 70 (5) The student and their authorised representative must be notified of the start of the procedure. The notification must specify the reason for the disciplinary procedure. Section 12 The official decision on starting the procedure must include the name, address, faculty, major, year and doctoral programme of the student and also a brief description of the alleged violation. Act, Section 70 (5) The student must be granted a hearing and must be allowed to present their defence and position. If, at the hearing, the student disputes the fact that the violation occurred, or if establishing the facts of the case is required, a trial must be held. If it is the student that has initiated the procedure, the procedure must be started and carried out. If the student’s proposed evidence is rejected, the reason for the rejection must be specified in the decision, unless it is established that the student has not violated the rules. Act, Section 70 (6) If the student violates their obligations during practical education, the disciplinary procedure will still be carried out by the institute of higher education. Semmelweis University 29

SEMMELWEIS UNIVERSITY 30 Act, Section 71 (2) The disciplinary decision of the first instance is made by the disciplinary committee of the institution, which has at least three members. The students’ representative council will appoint at least one third of the disciplinary committee members. Section 13 (1) The disciplinary procedure of first instance is conducted by the disciplinary committee of the given faculty or doctoral school of the University. Act, Section 73 (3) The appeal against the first-instance decision is heard by the head of the institution of higher education or a committee formed by the head of the institution for this purpose. (2) The appellate decision is made by a committee formed by the Rector of the University. Section 14 (1) The affected faculty establishes a five-member disciplinary committee consisting of 2 professors and 3 students. The two professors of the disciplinary committee are chosen by the Faculty Council and the Doctoral Council for a 3-year term. The chair of the disciplinary committee is the lead professor appointed by the Faculty Council or the Doctoral Council. The professor members may only be re-appointed once after the expiry of their first term. (2) The 3 student members of the disciplinary committee will be elected by the Faculty Students’ Representative Council and the Doctoral Students’ Representative Council in accordance with their own rules. The representative councils will notify the Dean or the Chair of the Doctoral Council of the elected committee members. The student members will be elected for 1-year terms. Section 15 (1) The following persons may not be involved in making a decision in a disciplinary case: (a) those who cannot be expected to make an unbiased decision in the given case; (b) in the appellate procedure, those who participated in the first instance phase of the procedure. (2) The members of the disciplinary council must disclose any conflicts of interest to the Dean or the Chair of the Doctoral Council, whichever is applicable. Conflicts of interest in the appellate procedure must be reported to the Rector. (3) A conflict of interest motion may be brought by the student and their legal representative in any phase of the procedure. The motion must be recorded in the minutes of the procedure. (4) The decision on the motion will be made in a closed sitting of the committee. A formal decision must be made on the acceptance or rejection of the motion. If the motion is accepted, the disciplinary hearing must be adjourned until a new committee member is appointed. (5) The rule on excluding a member of the committee due to a conflict of interest must also be applied to the person keeping the minutes. Section 16 If the student is a student at more than one institution of higher education or at more than one faculty of Semmelweis University (has multiple majors or is a guest student), the institution or faculty with the right to conduct the disciplinary procedure will be the one that the obligation the student has failed to fulfil is related to or the one that has been the injured party of the student’s action.

SEMMELWEIS UNIVERSITY<br />

30<br />

Act, Section 71 (2) The disciplinary decision of the first instance is made by the<br />

disciplinary committee of the institution, which has at least three members. The students’<br />

representative council will appoint at least one third of the disciplinary committee<br />

members.<br />

Section 13 (1) The disciplinary procedure of first instance is conducted by the disciplinary<br />

committee of the given faculty or doctoral school of the University.<br />

Act, Section 73 (3) The appeal against the first-instance decision is heard by the head of<br />

the institution of higher education or a committee formed by the head of the institution<br />

for this purpose.<br />

(2) The appellate decision is made by a committee formed by the Rector of the University.<br />

Section 14 (1) The affected faculty establishes a five-member disciplinary committee consisting of<br />

2 professors and 3 students. The two professors of the disciplinary committee are chosen by the<br />

Faculty Council and the Doctoral Council for a 3-year term. The chair of the disciplinary committee<br />

is the lead professor appointed by the Faculty Council or the Doctoral Council. The professor<br />

members may only be re-appointed once after the expiry of their first term.<br />

(2) The 3 student members of the disciplinary committee will be elected by the Faculty Students’<br />

Representative Council and the Doctoral Students’ Representative Council in accordance with their<br />

own rules. The representative councils will notify the Dean or the Chair of the Doctoral Council of<br />

the elected committee members. The student members will be elected for 1-year terms.<br />

Section 15<br />

(1) The following persons may not be involved in making a decision in a disciplinary case:<br />

(a) those who cannot be expected to make an unbiased decision in the given case;<br />

(b) in the appellate procedure, those who participated in the first instance phase of the<br />

procedure.<br />

(2) The members of the disciplinary council must disclose any conflicts of interest to the Dean or<br />

the Chair of the Doctoral Council, whichever is applicable. Conflicts of interest in the appellate<br />

procedure must be reported to the Rector.<br />

(3) A conflict of interest motion may be brought by the student and their legal representative in<br />

any phase of the procedure. The motion must be recorded in the minutes of the procedure.<br />

(4) The decision on the motion will be made in a closed sitting of the committee. A formal<br />

decision must be made on the acceptance or rejection of the motion. If the motion is<br />

accepted, the disciplinary hearing must be adjourned until a new committee member is<br />

appointed.<br />

(5) The rule on excluding a member of the committee due to a conflict of interest must also be<br />

applied to the person keeping the minutes.<br />

Section 16 If the student is a student at more than one institution of higher education or at more<br />

than one faculty of Semmelweis University (has multiple majors or is a guest student), the<br />

institution or faculty with the right to conduct the disciplinary procedure will be the one that the<br />

obligation the student has failed to fulfil is related to or the one that has been the injured party of<br />

the student’s action.

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