Disciplinary Regulations

Disciplinary Regulations

Article 1
Introductory provisions

1. The Disciplinary Regulations for Students of the University of Physical Education and Sport PALESTRA, spol. s r.o. (hereinafter referred to as the "Disciplinary Regulations", hereinafter referred to as "VŠTVS PALESTRA") regulate, in accordance with Act No. 111/1998 Coll., on Higher Education Institutions and on Amendments and Supplements to Other Acts (Act on Higher Education Institutions), as amended (hereinafter referred to as the "Act"), the procedure for hearing disciplinary offences of students of VŠTVS PALESTRA and imposing sanctions.
2. A disciplinary offence is a culpable violation of the obligations laid down by law or by VŠTVS PALESTRA regulations.
3. Disciplinary offences are dealt with by the Disciplinary Committee of VŠTVS PALESTRA.

Article 2
Disciplinary Commission

1. The Rector appoints the members of the Disciplinary Committee of VŠTVS PALESTRA and its chairman from among the members of the academic community of VŠTVS PALESTRA.
2. The Disciplinary Committee of VŠTVS PALESTRA discusses disciplinary offences of students of VŠTVS PALESTRA and submits proposals for a decision to the Rector.
3. The student part of the Academic Senate delegates a representative to the Disciplinary Committee of the VŠTVS PALESTRA.

Article 3
Sanctions

1. For a disciplinary offence, a student of VŠTVS PALESTRA may be subject to:
   a) Warning,
   (b) suspension from studies with a time limit and conditions for remediation,
   c) expulsion from studies.
2. A less serious disciplinary offence may be dealt with without sanction.
3. If the hearing of a disciplinary offence leads to a remedy, the imposition of a sanction may be waived.
4. When imposing sanctions, the degree of culpability, the circumstances under which the offence occurred, the consequences caused and the student's previous behaviour are taken into account.
5. A student may be expelled from studies in the event of intentional commission of a serious disciplinary offence or under Section 67 of the Act.
6. The time limit and conditions for correction may vary, depending on the seriousness of the disciplinary offence, from six to twelve months.
7. Repeated offenses during the remediation period may result in the student's dismissal from the program.

Article 4
Initiation of disciplinary proceedings

1. Disciplinary proceedings are initiated by the Disciplinary Committee of VŠTVS PALESTRA on the proposal of the Rector.
2. The petition shall contain a statement of the grounds from which it is clear what the offence is and the circumstances in which the offence was committed, pursuant to section 65(3) of the Act.
3. Disciplinary proceedings are initiated on the date on which the student receives the written proposal in his/her own hands.
4. A disciplinary offence cannot be dealt with if a period of one year has elapsed since the offence was committed (Section 66 of the Act).

Article 5
Meetings of the Disciplinary Committee

1. The meetings of the Disciplinary Committee of VŠTVS PALESTRA are closed to the public and its meetings are chaired by the Chairman.
2. The Disciplinary Committee of VŠTVS PALESTRA shall have a quorum if more than half of its members are present.
3. A resolution of the Disciplinary Committee of the VŠTVS PALESTRA is adopted if a majority of its members present vote in favour of it.
4. Minutes of the meeting of the Disciplinary Committee of VŠTVS PALESTRA shall be taken. The minutes shall be kept at the study department of VŠTVS PALESTRA and in the student's file.

Article 6
Hearing of a disciplinary offence

1. The student must be invited to the meeting of the Disciplinary Committee of VŠTVS PALESTRA in writing and in time. He/she has the right to propose and submit evidence, to inspect written documents and to comment on all documents.
2. If a student fails to appear at the meeting of the Disciplinary Committee of the VŠTVS PALESTRA without apology, the Committee shall act in his/her absence.
3. The Disciplinary Committee of the VŠTVS PALESTRA shall consider the offence on the basis of the evidence presented in order to prove whether the student has actually committed the disciplinary offence.
4. If it turns out that the disciplinary offence is not a disciplinary offence or if it cannot be proven that the student committed the disciplinary offence, the disciplinary proceedings will be discontinued in accordance with Section 69(2) of the Act.
5. The Disciplinary Committee of VŠTVS PALESTRA will communicate the draft decision to the accused student only if he/she is present at the hearing.
6. The Disciplinary Committee of VŠTVS PALESTRA shall submit a draft decision on the disciplinary offence to the Rector.

Article 7
Rector's decision

1. The Rector shall issue a decision based on the proposal of the Disciplinary Committee of VŠTVS PALESTRA within 14 days from the date of receipt of the proposal from the Disciplinary Committee of VŠTVS PALESTRA.
2. If the Rector deems it necessary for the proper clarification of the matter, he/she may refer the matter back to the Disciplinary Committee of the VŠTVS PALESTRA for further investigation.
3. The Rector may impose a lighter sanction than that proposed by the Disciplinary Committee of the VŠTVS PALESTRA, or may discontinue the disciplinary proceedings if the grounds under Section 69(2) of the Act are established.
4. The Rector's decision shall be made in writing. It shall contain a statement on the finding of a disciplinary offence and the imposition of a sanction, or a statement on the discontinuance of disciplinary proceedings. It shall also contain a statement of reasons and an indication of the possibility of lodging an appeal.
5. The Rector's decision is delivered by collection at the study department or by post or by sending an electronic version to the student's electronic address if the student has one and requests delivery to this address.

Article 8
Adjudication of a disciplinary offence

1. Section 68 of the Act applies to the decision on the disciplinary offence.
2. The student may appeal the decision in writing within 30 days of its delivery. The appeal always has suspensive effect (Section 68(4) of the Act).
3. The Rector's decision on an appeal in respect of a disciplinary offence shall be final and shall include the reasons for the decision and a statement that the decision is final.

Article 9
Final provisions

1. This Disciplinary Code for Students of VŠTVS PALESTRA cancels the Disciplinary Code for Students of VŠTVS PALESTRA registered by the Ministry of Education, Youth
   and physical education on December 2003 under No. 33103/2003 - 30.
2. These Disciplinary Regulations for Students of VŠTVS PALESTRA shall become effective pursuant to Sections 36(4) and 41(2) of the Act upon registration by the Ministry of Education, Youth and Sports.

Update 12/15/2019