Disciplinary Regulations Academics

Disciplinary Regulations




Definitions

a. “The College”: the Jerusalem College of Engineering, including the pre-academic preparatory program.

b. “Instructor”: Anyone who fulfills a teaching or training function on behalf of the College.

c. “Employee”: Anyone employed by the College or acting in its service and is not an instructor.

d. “Student”: Anyone who has registered for studies at the College and has been accepted by it as a student or as a pupil in the pre-academic preparatory program, including anyone who has requested to be accepted and whose application has not yet been rejected; anyone who has completed his/her lawful courses studies or has not yet received a diploma; anyone who was a student and/or has requested to be accepted as a student, even after having completed and/or discontinued and/or his/her application to be accepted has been rejected – with respect to acts performed during the time that he/he was a student or a candidate to be accepted as a student.

e. “Disciplinary infraction”: Infractions as specified in Section 3 of these regulations including attempting, soliciting or abetting such infractions, as well as infractions of the disciplinary rules as will be determined periodically by the College’s authorities.

f. “Disqualification of tests, work or exercise”: Disqualification has the same effect as failing and receiving a score of zero (0).

g. “Disciplinary Officer”: One of the heads of department who will be appointed by the Management Board for this role.

h. “Disciplinary Committee”: Comprised of three members: the Disciplinary Officer (Chairman of the Committee), a member of the academic staff and a student who is a member of the Student Council. The staff member will be appointed by the Management Board and the student member through election by the students. The Disciplinary Officer will be entitled to change this composition if the circumstances justify such a change.

i. “Appeals Board”: Comprised of four members: the President of the College or his/her deputy (Chairman of the Committee), two members of the academic staff with a minimum grade of lecturer and the Chairman of the College’s Student Council. Members of the staff will be appointed by the Management Board. The Chairman of the Committee will be entitled to change this composition if the circumstances justify such a change.

Judicial authorities

The following bodies have authority to deliberate on and decide on student disciplinary infractions:

a. The Disciplinary Officer.

b. The Disciplinary Committee.

c. The Appeals Board.

Disciplinary infractions

A disciplinary infraction is one of the following acts performed by a student:

a. Failure to obey the instructions of the College’s authorities, its instructors or employees, provided by them during and in the course of the fulfillment of their jobs.

b. The willful transmittal of misleading information to the College, its authorities, instructors or employees, or the performance of a fraudulent act or the willful concealment of information for the purpose of obtaining rights from the College, both with respect to studies at the College and with respect to any benefits whatsoever provided on its behalf or through it.

c. Infringement on the copyright or intellectual proprietary rights or any other property of other persons.

d. Fraudulence in studies, tests, exercises, course works and other tasks imposed on the student.

e. Breach of regulations or instructions related to the use of the College’s equipment and/or facilities in his/her possession, or if use been made on its behalf or in its name, including study halls, classrooms and exercise halls, dormitories, offices and any other installation that causes damage, willful and/or erroneous destruction and/or their theft.

f. Breach or failure to maintain or failure to exercise or failure to safeguard and/or the instructions and/or guidelines and/or safety rules that must be practiced and/or taken at the College, including with respect to and/or related to the use, handling and maintenance of equipment, materials, facilities and other property of the College and of others, whether or not any damage whatsoever has been caused to them.

g. Willful or negligent damage to college property or of property used for its needs, including incautious use and breach of safety instructions or other instructions.

h. Harm to environmental quality within the College’s facilities or other place when the student is present or is using them in the framework of the student’s activities at the College.

i. Willful disturbance to proper order at the College and to its proper management.

j. Lateness and/or absences of an unreasonable and unjustifiable amount.

k. Behavior that involves violence (verbal and/or physical), whether performed within the boundaries of the College or in proximity to it, whether performed toward the College, its employees, instructors and students and or toward third parties.

l. Behavior that harms the dignity of the College’s instructors or employees and the other students, or interferes in performing their jobs, whether performed in relation to their positions and/or job of those harmed as instructors or employees, whether performed within the boundaries of the College or in any other location in which the student is located as a student of the College. In the matter of this clause, incitement based on religion, sex or race toward instructors at the College, its employees and its students shall be considered as behavior that is incompatible with the dignity of the College or the status of the students in it.

m. Political activity that constitutes incitement against the state and its institutions or against any other movement, or any other political activity, or any organization to demonstrate or to hold demonstrations, whether on a political background or not performed in the boundaries of the College or in proximity to it without being provided specific authorization by the College Administration. (If approval will be given, such approval will be provided in writing.)

n. Sexual harassment and/or other harassment as defined in the Israel Sexual Harassment Law 5758-1998.

Punishment

A student who has been found guilty of a disciplinary infraction shall have one or more of the following penalties imposed:

a. A written warning that will be appended to the student’s personal file.

b. A reprimand or serious reprimand in writing that will be appended to the student’s personal file.

c. Cancellation (full or partial) of any reduction in tuition, study award or scholarship, or revocation of the right to receive them for a period of time, or in general.

d. Prevention of use of the College’s facilities and equipment for a period as will be determined.

e. Temporary or permanent expulsion of the student from the College, including a prohibition on participation in studies and tests.

f. Disqualification of tests, coursework, exercises or laboratory reports.

g. Revocation of rights or study achievements, including disqualification of the right to receive a diploma or certification that testifies to these studies.

h. Imposition of a monetary fine at a rate that will not exceed one-half of full tuition of a student in good standing for that same year.

i. Service work at the College: cleaning, maintenance, clerical work, security.

The penalties enumerated above can be imposed fully, partially, “conditionally”, permanently or for particular periods of time, all at the discretion of the appropriate disciplinary authority.

Compensation

If a student has been found guilty of a disciplinary infraction, and as result of the infraction damage has been caused to materials belonging to the College, the supreme Disciplinary Committee will have the authority to require, in addition to any penalty that will be imposed on the student, or in lieu thereof, to pay the College monetary compensation at a rate that will not exceed the damage caused as result of the infraction.

Complaint submittal procedures

a. A complaint regarding a disciplinary infraction may be submitted in writing by an instructor, employee or student (hereinafter: “the complainant”) to the College’s Academic Center.

b. The Academic Center is entitled to request explanations and clarifications from the complainant as well as documents and other evidence.

c. The Academic Center will transmit the complaint together with all relevant material to the Disciplinary Officer.

d. After a complaint has been filed with the Chairman of the Disciplinary Committee, the Chairman of the Disciplinary Committee may issue an interim decision (such as postponement of the review of the tests, discontinuation of studies, and prohibition of the use of college facilities). Such interim decisions shall be valid until a ruling has been issued on the complaint or through an earlier time as will be determined by the provider of the decision. To the extent possible, interim decisions will be provided after the maker of the decision will enable the students to make his claims heard. Copies of interim decisions will be sent to the respondents, to the claimant and to interested parties related to provision of the interim decisions.

e. If the Disciplinary Officer comes to the conclusion that the complaint is without merit or that the opening of disciplinary proceedings is unjustified, he/she may order summary rejection of the complaint and so notify the complainant in writing. If the Disciplinary Officer has summarily rejected the complaint, such decision shall be final without right of appeal.

f. If the Disciplinary Officer decides that the opening of disciplinary proceedings against the student is justified, he/she will decide if deliberations will be held personally with him/her as a “sole litigant” or before the Disciplinary Committee. Whether the complaint is heard personally or in front of the Disciplinary Committee, its investigation will be made in accordance with the procedures as detailed in Section 7 below.

g. The Disciplinary Officer will send a copy of the complaint to the accused and to the Academic Coordinator and will notify members of the Disciplinary Committee, the accused and the Academic Coordinator regarding a place and time for a hearing. The hearing will not take place sooner than seven (7) days from the date of sending of such notification.

h. A summons to the deliberations before the Disciplinary Officer, the Disciplinary Committee and the Appeals Board and any decision by any of the aforesaid will be transmitted to the parties related to the matter by personal delivery or by registered mail.

i. The Academic Coordinator or his/her representative will serve as the plaintiff during the disciplinary hearing.

j. The “plaintiff” (the Academic Coordinator or his/her representative) will be entitled to be assisted by legal counsel for the purpose of preparing the summons for the hearing and preparations for the hearing. Subject to receipt of approval from the Disciplinary Committee, the plaintiff may be represented at the hearing by an attorney.

Hearing procedures

a. The Disciplinary Officer or the Disciplinary Committee, according to case, will hear the complaint within thirty (30) days of receipt of the complaint. In urgent cases (also according to the severity of the infraction) efforts will be made to hold the hearing as soon as possible.

b. The Disciplinary Officer and the Disciplinary Committee will hear witnesses, and will become familiar with the facts and documents submitted to them. The Disciplinary Committee may decide an issue brought before them by majority vote.

c. The Disciplinary Officer and the Disciplinary Committee, according to case, will first hear the complaint and the evidence relating to the complaint as presented by the plaintiff. Thereafter, the student’s evidence will be heard, and in the end of the response by the plaintiff to the student’s claims.

d. In any case, the Disciplinary Officer and the Disciplinary Committee will hear the position of both parties. Notwithstanding the aforesaid, receipt of the position of the parties in writing and in documents may be considered as a hearing of parties.

e. The Disciplinary Officer and the Disciplinary Committee, according to case, will be entitled to be assisted by legal counsel regarding legal questions only.

f. Deliberations of the committee will be recorded in a protocol. Any decision (including interim decisions and other decisions) and rulings will be provided in writing. A copy of the protocol and of any decision and/or ruling will transmitted to the student, to the Academic Coordinator, to the President of the College, to his/her deputy and to the Dean of Students.

g. If the student does not appear for the hearing before the Disciplinary Officer or the Disciplinary Committee at the time of the hearing, the Disciplinary Officer or the Disciplinary Committee will be entitled to hold the hearing [in absentia]. Nothing in the aforesaid shall be construed as derogating from the power of any of the aforementioned bodies to postpone the hearing to a later date, whether as a result of an appeal from a party to the hearing or at their own initiative.

h. Decisions by the Disciplinary Officer and the Disciplinary Committee may be appealed to the Appeals Board, both by the student and by the Academic Coordinator (as plaintiff).

i. The Disciplinary Officer and the Disciplinary Committee have the authority to shorten the time frames and dates above subject to the precise adherence to the transmission of summons to the hearing and the other documents to their knowledge.

Appeals Board

a. The Appeals Board shall consider appeals submitted to it regarding decisions of the Disciplinary Officer and the Disciplinary Committee (hereinafter: “appeals”).

b. Appeals shall be submitted in writing not later than fifteen (15) days from the date on which the decision or ruling that is the subject of the appeal has been transmitted for appeal. A decision or ruling made in the presence of the appellant shall be considered as a decision or ruling that has been transmitted to him/her. The Appeals Board shall begin deliberations on the appeal not later than 30 days from the date of receipt of the appeal.

c. If the Chairman of the Appeals Board has come to the conclusion that there is no merit to the request for the appeal or that opening of a hearing on the appeal is not justified, the Chairman of the Appeals Board is entitled to order summary rejection of the appeal and shall so notify the complainant in writing. If the Chairman of the Appeals Board has summarily rejected the appeal, such decision shall be final without right of further appeal in the subject case.

d. The appeal shall include a brief and concise description of the facts and other claims and shall have copies of the protocols of the first legal forum and all its decisions appended to it.

e. The Appeals Board shall first hear the appeal and all evidence related to the appeal as presented by the appellant. Thereafter, evidence from the respondents will be heard and finally the response of the appellants to the claims of the respondents.

f. The Chairman of the Appeals Board will determine a date for hearing of the appeal and shall so notify the appellant, the respondents and other parties if there be any.

g. In any case, the Appeals Board shall hear the position of both parties. Notwithstanding the aforesaid, receipt of the position of the parties in writing and in documents may be considered as a hearing of the parties.

h. The Appeals Board is empowered to accept the appeal, wholly or in part, to determine or reduce or increase the punishment, to convert it to another punishment or to reject the appeal.

i. In the case of a dispute between members of the Appeals Board and a tie vote (absence of majority) in the positions of its members, the Chairman may, but is not required, to decide the matter with an additional vote.

j. The deliberations of the Board will be recorded in a protocol. The protocol and the decisions of the Appeals Board shall be in writing and shall be transmitted to the parties.

Closed hearing and publication of the results of the legal processes

a. The hearings before the Disciplinary Officer, the Disciplinary Committee and the Appeals Board shall be heard in closed session, unless the authority before which the hearing is being held orders otherwise at the request of one of the parties.

b. [If] in the opinion of the disciplinary authority that has issued a decision or ruling, such decision or ruling has public importance, [that authority] shall be entitled to order its publication, wholly or in part, partially or fully, with or without the names of those involved, all as the disciplinary authority will deem fit.

Preservation of powers

a. The authority of the Disciplinary Officer, the Disciplinary Committee and the Appeals Board to hear and to decide on a disciplinary infraction shall not be revoked because of the holding of criminal procedures in court against the student or by providing a ruling in such processes.

b. Without derogating from the aforesaid, if criminal procedures are undertaken against a student, the Disciplinary Officer and the Disciplinary Committee shall be entitled to postpone its deliberations through the conclusion of those same processes and/or to decide to cancel the hearing on the complaint.

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