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In this case, the disciplinary committee of the institution or faculty conducting the procedure will notify the other institution or faculty. Section 17 If it is discovered in the procedure that a crime has likely been committed, the Dean or the Chair of the Doctoral Council must report the case to the authorities. Act, Section 71 (3) If there is a pending criminal procedure in the same case, the disciplinary procedure will be suspended until the criminal case is closed or if the student cannot be heard or tried (as described in Section 70 (5)) in the disciplinary case through no fault of their own. (5) The disciplinary procedure must be completed within one month unless it is suspended under paragraph (3) above. Section 18 The suspension of the disciplinary procedure will interrupt the period of the statute of limitations. In this case, the statute of limitations period will restart when the criminal case is closed. Act, Section 70 (5) The student must be invited to the trial. Section 19 (1) The student must be summoned to the trial in a written form. The summons must specify the student’s name, the venue and date/time of the hearing and the role the summoned person will have in the procedure. The summoned person must be reminded to bring their proof of identity documents to the hearing. The fact that summons have been issued in writing or orally must be recorded in the case documents. (2) The student must be informed in the summons that they have the right to submit written materials in defence and can use/select a legal counsel in the procedure. Also, the summons must contain a warning that the student’s absence will not prevent the committee from holding a hearing and passing a decision. Section 20 (1) The student has the right to use the services of a legal counsel in the procedure. (2) The rights of the student and the counsel: (a) they may have access to the documents of the procedure; (b) they may put forward motions and submit comments; (c) and they may ask questions of the witnesses and experts. SEMMELWEIS UNIVERSITY Act, Section 70 (5) The disciplinary trial may be held even if the student or their authorised representative does not attend the trial in spite of a repeated summons issued in accordance with the applicable rules. Section 21 (1) The disciplinary trial is conducted by the chair of the disciplinary committee. It is the chair’s responsibility to check if the disciplinary rules are complied with; he or she must keep the trial in order, and make sure that the participants are able to exercise their rights. The chair will also appoint a person to record the minutes of the trial. Section 22 (1) Students, professors and employees of the University are allowed to attend the trial. Out of public interest or to protect the student’s interest, the disciplinary committee may order a closed hearing or order that a part of the hearing will be closed to the public. A closed hearing may be requested by the student or a witness if they render it probable that a public hearing would threaten their legitimate interests. Semmelweis University 31
SEMMELWEIS UNIVERSITY 32 (2) The disciplinary committee has a quorum if at least three members of the committee are present and at least one of them is a professor. (3) First, the chair of the disciplinary committee records who is present at the hearing and, if there is no legal obstacle to holding a trial, orders the witnesses to leave the room. Then the chair informs those present of the data on the basis of which the disciplinary hearing is held. After this, the committee hears the student’s testimony. (4) If the chair is not present, the trial is chaired by the other professor member of the committee. (5) Witnesses or other students tried in the same disciplinary procedure and not yet heard may not be present during the student’s testimony. Section 23 (1) If at the hearing the student admits their responsibility for the violation, and there is no doubt that the admission of guilt is frank, the trial must only be conducted to establish the circumstances (simplified trial). (2) If the student refuses to admit their responsibility, evidence must be presented. (3) The disciplinary committee hears the witnesses and experts if necessary and informs those present of the content of any documents obtained. (4) The witnesses must be asked whether they have any particular interest in the case and whether they are biased. They must be warned that they must tell the truth and that perjury has consequences under criminal law. (5) Witnesses not yet heard may not be present during the hearing of a witness. If the testimony of the witness contradicts the student’s or other witness’ statement, the persons making the contradictory statements must be allowed to confront each other to clarify the contradiction. Section 24 (1) Minutes must be kept of the disciplinary trial. The minutes must be signed by the chair of the disciplinary committee, the committee’s members and the keeper of the minutes. (2) The relevant contents of the minutes must be presented to those heard at the trial and, after they have read the part that concerns them, they must sign the relevant part. The persons heard at the trial may request the correction or supplementation of the contents of the minutes. If the person refuses to sign the minutes, the reason for the refusal must be recorded in the minutes. (3) The minutes must be added to the disciplinary case documents. Section 25 (1) The disciplinary committee will make its decision after the evidence procedure. The decision will be made in a closed session of the committee and will be passed by a simple majority vote (Annex 2). The closed session may only be attended by the chair and members of the disciplinary committee and the keeper of the minutes. (2) The decision may either impose a disciplinary sanction or terminate the procedure. (3) The committee’s decision may only be based on the testimonies heard at the trial and the evidence examined directly at the trial. If a fact is not proven beyond doubt, it may not be held against the student. (4) The introductory part of the decision must specify the case number, the faculty or doctoral school passing the decision and the name of the student against whom the disciplinary procedure has been started, the venue and date of the trial and whether the trial was open to the public.
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SEMMELWEIS UNIVERSITY<br />
32<br />
(2) The disciplinary committee has a quorum if at least three members of the committee are<br />
present and at least one of them is a professor.<br />
(3) First, the chair of the disciplinary committee records who is present at the hearing and, if<br />
there is no legal obstacle to holding a trial, orders the witnesses to leave the room. Then the<br />
chair informs those present of the data on the basis of which the disciplinary hearing is held.<br />
After this, the committee hears the student’s testimony.<br />
(4) If the chair is not present, the trial is chaired by the other professor member of the<br />
committee.<br />
(5) Witnesses or other students tried in the same disciplinary procedure and not yet heard may<br />
not be present during the student’s testimony.<br />
Section 23<br />
(1) If at the hearing the student admits their responsibility for the violation, and there is no doubt<br />
that the admission of guilt is frank, the trial must only be conducted to establish the<br />
circumstances (simplified trial).<br />
(2) If the student refuses to admit their responsibility, evidence must be presented.<br />
(3) The disciplinary committee hears the witnesses and experts if necessary and informs those<br />
present of the content of any documents obtained.<br />
(4) The witnesses must be asked whether they have any particular interest in the case and<br />
whether they are biased. They must be warned that they must tell the truth and that perjury<br />
has consequences under criminal law.<br />
(5) Witnesses not yet heard may not be present during the hearing of a witness. If the testimony<br />
of the witness contradicts the student’s or other witness’ statement, the persons making the<br />
contradictory statements must be allowed to confront each other to clarify the contradiction.<br />
Section 24<br />
(1) Minutes must be kept of the disciplinary trial. The minutes must be signed by the chair of the<br />
disciplinary committee, the committee’s members and the keeper of the minutes.<br />
(2) The relevant contents of the minutes must be presented to those heard at the trial and, after<br />
they have read the part that concerns them, they must sign the relevant part. The persons<br />
heard at the trial may request the correction or supplementation of the contents of the<br />
minutes. If the person refuses to sign the minutes, the reason for the refusal must be<br />
recorded in the minutes.<br />
(3) The minutes must be added to the disciplinary case documents.<br />
Section 25<br />
(1) The disciplinary committee will make its decision after the evidence procedure. The decision<br />
will be made in a closed session of the committee and will be passed by a simple majority<br />
vote (Annex 2). The closed session may only be attended by the chair and members of the<br />
disciplinary committee and the keeper of the minutes.<br />
(2) The decision may either impose a disciplinary sanction or terminate the procedure.<br />
(3) The committee’s decision may only be based on the testimonies heard at the trial and the<br />
evidence examined directly at the trial. If a fact is not proven beyond doubt, it may not be held<br />
against the student.<br />
(4) The introductory part of the decision must specify the case number, the faculty or doctoral<br />
school passing the decision and the name of the student against whom the disciplinary<br />
procedure has been started, the venue and date of the trial and whether the trial was open to<br />
the public.