Naruszenie przepisów obowiązujących w uczelni jako przesłanka odpowiedzialności dyscyplinarnej studenta

Abstract

Violation of the regulations in force at the university is one of the basis of student’s disciplinary liability. The law does not specify a catalogue of these regulations, which contributed to discrepancies in the scientific works and jurisprudence of disciplinary commissions. The article aims to determine the normative content of this basis. The considerations include changes introduced by the Higher Education and Science Act, as well as statements of the representatives of science and jurisprudence. The analysis leads the author to the position that the considered basis includes the abovementioned Act, as well as the internal law of the university issued on its basis, in particular its statute and study regulations. Although internal acts can not be indicated exhaustively, in order to establish the disciplinary offence it is necessary to determine that the infringed obligation was legally binding for the student.