What constitutes a disciplinary offence for faculty members (DEP)?
1. A disciplinary offence consists of any culpable and imputable act or omission of a member of the Teaching and Research Staff (DEP), Special Educational Staff (EEP), Laboratory Teaching Staff (EDIP) or Special Technical Laboratory Staff (ETEP) of Higher Education Institutions (AEI), whether on or off duty, which is contrary to the obligations arising from the Constitution and applicable provisions, or is incompatible with their office and undermines their standing or that of the AEI.
2. More specifically, a disciplinary offence is any breach of legal provisions concerning teaching, conduct of research, internal organisation, financial management and operation of AEIs, the status and condition of the member, and in particular:
a) failure to observe the regulations and decisions of the institution’s bodies,
b) refusal to participate in the procedures and bodies of the AEI, obstruction of their work, and disruption of their normal operation,
c) breach of the principle of impartiality towards students, as well as during staff selection and promotion procedures,
d) use of AEI premises, facilities and infrastructure in a manner contrary to their purpose, and concealment of involvement in work unrelated to one’s duties or holding of a second position,
e) involvement in work incompatible with one’s status or in prohibited activities,
f) unjustified absence from the performance of duties and incomplete fulfilment thereof,
g) plagiarism and any infringement of intellectual property rights and related rights, the conscious concealment of the direct or indirect contribution of other persons to the subject matter of one’s scientific research and teaching, and the failure to declare any conflict of interest in research in which one participates,
h) breach of the principle of equality, equal opportunities and equal treatment of men and women in matters of work and employment, in accordance with Law 3896/2010 (A’ 207); breach of the principle of equal treatment and combating discrimination on grounds of race, colour, national or ethnic origin, descent, religious or other beliefs, disability or chronic illness, age, family or social status, sexual orientation, gender identity or characteristics, in accordance with Law 4443/2016 (A’ 232, correction of error A’ 32), as well as the use of gender-discriminatory language; and the manifestation of any form of violence and harassment at work, in accordance with Law 4808/2021 (A’ 101), in the performance of duties,
i) the commission of acts that infringe the sexual freedom or sexual dignity of another person, or any act of economic exploitation of sexual life, sexual harassment, as well as the commission of unlawful acts involving discrimination on grounds of gender, race, colour, national or ethnic origin, descent, religion, disability, sexual orientation, gender identity or characteristics,
j) improper or inaccurate use of an academic title held,
k) any conduct that constitutes a disciplinary offence of a member of DEP, EEP, EDIP and ETEP of AEIs under a special provision.
When are disciplinary offences of faculty members (DEP) time-barred?
1. Disciplinary offences are time-barred five (5) years after the day of their commission. The limitation period for a continuing disciplinary offence begins from the day after the commission ceased.
2. A disciplinary offence which also constitutes a criminal offence is not time-barred before the criminal offence becomes time-barred. For such offences, acts of the criminal procedure interrupt the limitation period.
3. Specifically, the disciplinary offence of obtaining financial benefit or consideration for oneself or a third party in the performance of duties or on the occasion thereof, in accordance with point d) of paragraph 1 of Article 107 of the Code of Status of Public Civil Administrative Employees and Employees of Public Law Legal Persons (Law 3528/2007, A’ 26), is time-barred in accordance with paragraphs 1 and 3 of Article 112 of that Code.
4. The limitation period is interrupted by the bringing of disciplinary proceedings, but the period of such interruption may not exceed two (2) years.
5. The limitation of a disciplinary offence is interrupted by the commission of a new disciplinary offence aimed at concealing or hindering the bringing of disciplinary proceedings for the first. In such case, the first offence is time-barred when the second is time-barred, provided the limitation of the second occurs at a time later than the limitation of the first.
6. A disciplinary offence in respect of which a disciplinary decision has been issued imposing a disciplinary penalty at first instance is not time-barred.
What disciplinary penalties are imposed on faculty members (DEP)?
1. The disciplinary penalties imposed on members of the Teaching and Research Staff (DEP), Special Educational Staff (EEP), Laboratory Teaching Staff (EDIP) or Special Technical Laboratory Staff (ETEP) of Higher Education Institutions (AEI) are as follows:
a) written reprimand,
b) a fine of up to six (6) months’ salary, calculated on the salary received by the member at the time of issue of the first-instance disciplinary decision,
c) deprivation of the right to promotion to a higher rank for one (1) to three (3) years,
d) temporary suspension of one (1) month to one (1) year with full deprivation of salary,
e) permanent dismissal, which may be imposed in particular for the following offences: the commission of acts manifesting refusal to obey the Constitution; breach of duty under the Penal Code (Law 4619/2019, A’ 95) or other special criminal laws; obtaining unlawful financial benefit or consideration for oneself or a third party in the performance of duties or on the occasion thereof; the commission of offences against sexual freedom or offences of economic exploitation of sexual life; unjustified absence from duties for more than thirty (30) consecutive days during the academic year; and conduct distinctly unbecoming or unworthy, whether on or off duty.
The penalty of permanent dismissal may be imposed for any offence if, during the five-year period preceding its commission, at least two (2) disciplinary penalties higher than written reprimand had been imposed on the member by the competent Disciplinary Council.
2. When the penalties of points b), c) and d) of paragraph 1 are imposed, the Disciplinary Council may additionally impose the sanction of deprivation of the right to participate in election procedures for the appointment of single-member governing bodies of AEIs for a period of up to five (5) years.
3. In cases involving the offences of receiving bribes, bribery, plagiarism, offences against sexual freedom or offences of economic exploitation of sexual life, as well as sexual harassment, no penalty lower than temporary suspension may be imposed.
4. A single (1) disciplinary penalty is imposed for each disciplinary offence. If multiple offences have been committed, a single (1) consolidated disciplinary penalty is imposed.
5. No disciplinary penalty may be imposed without a prior call to defence statement.
6. The type of penalty and its measurement are determined by considering the personality and degree of culpability of the person prosecuted, the gravity and nature of the offence, the circumstances under which it was committed, and mitigating or aggravating circumstances. Recidivism constitutes an aggravating circumstance. Principles and rules of criminal law apply by analogy, provided they do not conflict with the provisions hereof.
7. In the case of acts that infringe sexual dignity, an aggravating circumstance is the commission of such acts against minors or in abuse of authority and duties as a member of DEP, EEP, EDIP and ETEP of AEIs. In the case of acts of a racist nature, an aggravating circumstance is the commission of such acts in abuse of authority and duties as a member of DEP, EEP, EDIP and ETEP of AEIs.
8. Where the offence is due to slight negligence, the disciplinary body may, considering the circumstances of commission and the personality of the person prosecuted, refrain from imposing a penalty.
9. Where the disciplinary penalty of permanent dismissal is imposed and the offence is one of obtaining unlawful financial benefit or consideration for oneself or a third party in the performance of duties or on the occasion thereof, the Disciplinary Council may additionally impose an administrative sanction of ten thousand (10,000) to one hundred thousand (100,000) euros.
When does disciplinary liability of faculty members (DEP) begin and end?
1. Disciplinary liability begins upon acquisition of the status of member of the Teaching and Research Staff (DEP), Special Educational Staff (EEP), Laboratory Teaching Staff (EDIP) or Special Technical Laboratory Staff (ETEP) of the Higher Education Institution (AEI).
Subject to paragraph 3, offences committed before acquisition of the above status, in respect of which no disciplinary decision has been issued by an organ of prior service in the public sector or in a Public Law Legal Person (NPDD), are punishable by disciplinary measures under this Chapter, if not time-barred.
Such disciplinary cases are referred to the Disciplinary Councils.
2. If disciplinary proceedings are brought before the departure, in any manner, of the DEP, EEP, EDIP or ETEP member from the AEI, the disciplinary procedure continues until a final and irrevocable judgment is issued, unless the person prosecuted dies.
In such case, the Disciplinary Council may impose any of the prescribed disciplinary penalties. If the disciplinary penalty imposed is higher than a fine, the Disciplinary Council converts it, depending on the gravity of the offence, into a fine.
3. The commission, during the selection procedure and until acceptance of appointment, of an act relating to participation in the selection procedure or the conditions of appointment which is unlawful or incompatible with the office of the member, constitutes a disciplinary offence. The limitation period begins from acceptance of appointment.
How are disciplinary proceedings brought against faculty members (DEP)?
1. Disciplinary proceedings are brought either by referral before the Disciplinary Council or by call to defence statement.
The referral document and the call to defence statement contain:
a) the full name and service details of the person prosecuted, and
b) a description, in terms of place and time, of the factual circumstances constituting the disciplinary offence, the conditions under which it was committed, and reference to the provisions providing for it.
2. A second disciplinary prosecution for the same offence is not permitted. After issue of a final decision, renewed disciplinary prosecution for the same factual circumstances is not permitted.
3. Disciplinary prosecution of multiple persons for the same or related disciplinary offences is permitted provided they fall within the jurisdiction of the same disciplinary body or council.
4. Multiple disciplinary offences allegedly committed by the same person prosecuted may be the subject of the same disciplinary prosecution. If separate disciplinary prosecutions have been brought, the cases may, on consideration of the circumstances, be joined for trial.
5. The referral document may not be revoked.
6. The referral document and the call to defence statement are served on the person prosecuted without delay. Service thereof, as well as of all documents of the procedure, is effected by sending them via official electronic mail to the official electronic address of the person prosecuted. The recipient is presumed to gain access to the contents of the document at the latest ten (10) working days from service, unless the recipient proves the existence of force majeure preventing access to the contents, or unless such inability is due to reasons concerning the public sector entity. If service in this manner is not possible for any reason, it is then effected by an employee of the Higher Education Institution or by a bailiff, with proof of receipt. If the person prosecuted refuses receipt, the person effecting service draws up an act in which the refusal is certified.
7. Disciplinary proceedings brought by the Rector are mandatorily notified to the Minister of Education and Religious Affairs, in order to assess whether there is a lawful case for placing the person prosecuted on suspension from the performance of duties.
What is the relationship between disciplinary proceedings and criminal trial for faculty members (DEP)?
1. The disciplinary procedure is autonomous and independent of criminal or other proceedings. Criminal proceedings do not suspend the disciplinary procedure. The disciplinary body may, however, by a decision freely revocable, order, for exceptional reasons, the suspension of the disciplinary procedure, which may not exceed one (1) year. Suspension is not permitted if the disciplinary offence, due to the circumstances of its commission and disclosure, seriously affects the standing and public image of the Higher Education Institution (AEI).
2. The disciplinary body is bound by the assessment contained in a final and irrevocable decision of a criminal court or in a final and irrevocable acquittal order only as to the existence or non-existence of factual circumstances constituting the objective elements of a disciplinary offence.
3. The following are obliged to communicate without delay to the Minister of Education and Religious Affairs and to the competent Rector, where they concern a member of Teaching and Research Staff (DEP), Special Educational Staff (EEP), Laboratory Teaching Staff (EDIP) or Special Technical Laboratory Staff (ETEP):
a) the Public Prosecutor of the Court of First Instance, of any criminal prosecution brought,
b) the Clerk of the Court or judicial council, of referral or acquittal orders, as well as conviction or acquittal judgments at every level of jurisdiction, and
c) the Prison Director, of cases of incarceration in a correctional facility. In the case of conviction judgments, the bringing of disciplinary proceedings is mandatory. In other cases, the competent disciplinary bodies must, within one (1) month of being informed in accordance with the first sentence, decide with reasons on whether or not to bring disciplinary proceedings against the DEP, EEP, EDIP or ETEP member of the AEI.
What are the disciplinary bodies for members of Teaching and Research Staff (DEP)?
1. Disciplinary authority over members of Teaching and Research Staff (DEP) is exercised by:
a) the Rector, or acting Rector, or the President of the Governing Committee and, if prevented, his lawful deputy, who may impose the penalty of a fine up to one (1) month’s salary,
b) the Disciplinary Council of DEP members of Higher Education Institutions (AEI), which may impose any penalty.
2. The Minister of Education and Religious Affairs may bring disciplinary proceedings for offences provided for herein or in another special law:
a) against a DEP member through the Rector, and
b) against the Rector or Vice-Rector, Dean or President of a Department, or the President and Vice-President of the Governing Committee, by referral before the Disciplinary Council.
3. Disciplinary offences of DEP members which, in the judgment of the person bringing disciplinary proceedings, may entail a penalty higher than a fine of up to one (1) month’s salary are referred to the Disciplinary Council.
4. If an offence is committed at another AEI, disciplinary authority is exercised by the Rector of the AEI to which the DEP member belongs.
5. If an offence is committed by a DEP member in the performance of duties as Rector or Vice-Rector, Dean or President of a Department, or President and Vice-President of the Governing Committee of an AEI, the competent disciplinary body, at first and last instance, is the Disciplinary Council of DEP members of AEIs. If at the time of referral the DEP member is no longer performing such duties, referral is made by the Rector or the President of the Governing Committee and, if prevented, by the Minister of Education and Religious Affairs.
6. With regard to medical doctors who are DEP members serving in university clinics, laboratories and special units of hospitals of the National Health System, the disciplinary law of the doctors of the National Health System (ESY) applies in the performance of their clinical work within hospitals, and they are subject to disciplinary review for their acts or omissions by the corresponding disciplinary bodies of the ESY.
How does the Disciplinary Council of DEP members operate?
1. The Disciplinary Council of members of Teaching and Research Staff (DEP) of Higher Education Institutions (AEI) is presided over, in alternation every two years, by the President of the Council of State or of the Areios Pagos, who is replaced by a Vice-President of the relevant court. This deputy, together with one (1) further Vice-President, is appointed by act of the President at the beginning of each judicial year.
The composition of the Council includes as members:
a) one (1) Areopagite, when presided over by the President of the Council of State or his deputy, or one (1) Councillor of State, when presided over by the President of the Areios Pagos or his deputy,
b) one (1) Councillor of the Court of Audit, who are appointed with their deputies by the relevant judicial councils,
c) the Vice-Rector to whom the area of responsibility of academic affairs is assigned, or the Vice-President of the Governing Committee of the AEI of which the person prosecuted is a DEP member and, if prevented, the Vice-Rector to whom the area of responsibility of financial affairs of the AEI is assigned, or the DEP member of the Governing Committee with the most years of service at the rank of Professor, Associate Professor and, in their absence, Assistant Professor,
d) one (1) Rector of another AEI of the country, with his deputy, appointed by decision of the Minister of Education and Religious Affairs.
2. If a Rector or President of a Governing Committee is referred, the Disciplinary Council includes, in place of the Vice-Rector or Vice-President of the Governing Committee, one (1) additional Rector of another AEI, appointed with his deputy by decision of the Minister of Education and Religious Affairs.
3. A person who has brought the disciplinary proceedings, regardless of the capacity held at the time of bringing them, is not permitted to participate as a member of the Disciplinary Council.
4. The Disciplinary Council is based in Athens. Its sessions are held at the premises of the Council of State. The duties of secretary of the Disciplinary Council are performed by the Secretary of the Council of State or his deputy appointed by him.
5. The Disciplinary Council is constituted by decision of the Minister of Education and Religious Affairs. The Council’s term is two years and begins on the first day of the academic year.
What is the procedure before the Disciplinary Council of members of Teaching and Research Staff (DEP)?
1. The Disciplinary Council takes up the disciplinary case either ex officio or upon referral by the competent disciplinary body. The referral document is accompanied by the supporting evidence.
2. The President of the Council, upon receipt of the referral, appoints a rapporteur from the members of the Council, both regular and substitute. The appointment of the rapporteur is served on the person prosecuted at least fifteen (15) days before the Council’s session.
3. The rapporteur is replaced if prevented or if a request for recusal by the person prosecuted is accepted by the Disciplinary Council, which is submitted within three (3) working days of service of the act of appointment of the rapporteur.
4. The rapporteur exercises the duties of investigating judge and may carry out any examination deemed necessary, summon witnesses and request from any person or Authority the necessary documents to ascertain the disciplinary offence. Before the rapporteur, the person prosecuted is examined without oath. After completion of the case file, the rapporteur submits it together with a written proposal to the Council.
5. The President sets the day and time of a non-public session. The Disciplinary Council may decide, by reasoned decision, that no disciplinary charge is established, if it considers it manifestly unfounded, or order further investigation, or consider the case ripe and order the call of the person prosecuted to defence statement, on a day of public session set by the President.
6. The call to defence statement must include a call upon the person prosecuted to attend and, upon request, take cognisance of the contents of the file, submit a memorandum, present evidence and attend the hearing. The person prosecuted may propose the examination of up to five (5) witnesses.
7. The call to defence statement is served fifteen (15) days before the session on the person prosecuted.
8. The defence statement is submitted in writing or also orally during the session before the Council.
The person prosecuted may attend the hearing of the case in person or with a duly authorised representative.
If the person prosecuted does not appear at the hearing and has not been lawfully or timely summoned, or has not appeared due to insurmountable impediment, a new date is set for the hearing. If the person prosecuted is absent without the conditions of the third sentence applying, he is deemed present.
The Council may, even where the above conditions are not met, postpone the hearing once only, due to non-attendance of the person prosecuted or a witness whose appearance is deemed necessary, or for another important reason. For the production of witnesses, the provisions of the Code of Criminal Procedure (KPD) (Law 4620/2019, A’ 96, correction of error A’ 122) apply.
9. At the hearing of the case, the rapporteur reads a summary of the Disciplinary Council’s decision to bring the case for public hearing and presents further critical evidence. Witnesses are then called for examination, and the floor is given to the person prosecuted to develop, if he wishes, in person or with his representative, his defence statement and to answer questions from the members of the Council.
The President of the Council directs the hearing, determines, where necessary and depending on the nature of the case, the time for addresses, puts questions to witnesses or to the person prosecuted, and grants permission to members of the Council and to the person prosecuted to put questions. At the end of the hearing the President may, in his discretion, grant the person prosecuted a period of up to seven (7) days for the submission of a memorandum.
For the session of the Disciplinary Council, minutes are drawn up by the secretary, signed by him and the President. The minutes contain in summary form the witness statements, the oral defence statement of the person prosecuted, as well as a report on every notable event occurring during the session. The President may order verbatim recording of essential parts of statements or declarations made during the session, as well as permit their dictation.
10. To the procedure before the Council, paragraphs 2 and 3 of Article 93 of the Constitution apply.
The provisions on the recusal of judges of the Code of Criminal Procedure also apply, and for the hearing of the objection, in place of the member for whom recusal is sought, his deputy is called.
11. The Council decides on the charge in deliberation, by open vote and absolute majority of all its members. The decision includes the place and time of issue, the composition of the Council, the full name and rank of the person prosecuted, the disciplinary offence attributed to him, his defence statement or the reason for non-attendance and absence of defence statement, the reasoning both as to the finding of guilt in whole or in part or of acquittal and as to the measurement of the penalty, the manner of formation of the majority, as well as the names and opinions of any dissenting members. The decision is signed by the President and the Secretary and is delivered publicly.
12. The disciplinary decision may not be revoked.
What are the Disciplinary bodies for members of Special Educational Staff, Laboratory Teaching Staff and Special Technical Laboratory Staff?
1. Over members of Special Educational Staff (EEP), Laboratory Teaching Staff (EDIP) and Special Technical Laboratory Staff (ETEP), disciplinary authority is exercised by:
a) the Rector, or acting Rector, or the President of the Governing Committee and, if prevented, his lawful deputy, who may impose a penalty of a fine up to one (1) month’s salary,
b) the Dean of the Faculty, who may impose a penalty of a fine up to two-thirds (2/3) of monthly salary,
c) the Disciplinary Council of EEP, EDIP and ETEP Members of the Higher Education Institution (AEI), which may impose any penalty.
2. The Disciplinary Council of EEP, EDIP and ETEP Members is constituted by decision of the Rector of the AEI for a term of two (2) years, beginning on the first day of the academic year, and consists of:
a) one (1) President of Appellate Judges of the Administrative Courts of the Administrative Court of Appeals in whose region the seat of the AEI falls, appointed in accordance with the procedure provided for in the Code of Organisation of Courts and Status of Judicial Officers (KODKDL, Law 4938/2022, A’ 35) with his deputy, as president,
b) the Vice-Rector responsible for academic affairs, replaced by the Vice-Rector responsible for financial affairs of the AEI or by the Vice-President of the Governing Committee, who is replaced by the most senior member of Teaching and Research Staff (DEP) of the Governing Committee of the AEI,
c) the Dean of a Faculty other than that in which the person prosecuted serves, with his deputy,
d) two (2) DEP members holding the rank of Professor or Associate Professor and, in their absence, Assistant Professor, drawn by lot with their deputies from all DEP members, as members. The drawing of lots is carried out by the Rector at a special session of the Senate.
The duties of secretary of the Disciplinary Council are performed by an administrative employee of the AEI, appointed by the Rector, with his deputy.
3. EDIP members serving as doctors of the National Health System (ESY) in university clinics, laboratories and special units of hospitals are subject, in the performance of their duties as ESY doctors, to the disciplinary law of ESY doctors and are reviewed for disciplinary purposes for their acts or omissions by the corresponding disciplinary bodies of the ESY.
How are disciplinary decisions against DEP members served and enforced?
1. Service of disciplinary decisions is effected pursuant to paragraph 6 of Article 181 of new Law 4957/2022 (A’).
2. The decision of the Disciplinary Council of members of Teaching and Research Staff (DEP) is forwarded:
a) to the Minister of Education and Religious Affairs, and a summary thereof is published by him in the Government Gazette, and
b) to the Rector of the AEI, in order to take the required actions.
Acquittal decisions are not published in the Government Gazette.
3. Decisions of single-member disciplinary bodies and disciplinary councils are enforced from their service, provided they have become final.
4. A disciplinary decision is final where it is not subject to objection or where the period for bringing such objection has passed without action, as well as the decision issued thereon.
5. Enforcement of a decision imposing a fine is carried out by the salary clearing officer. The fine is withheld from the salary of the first month from receipt of the disciplinary decision by the clearing officer. If the fine is greater than one quarter (1/4) of the monthly salary of the punished person, withholding is carried out in multiple monthly instalments determined by the disciplinary decision.
In any case, monthly withholding may not exceed one quarter (1/4) of the monthly salary.
If the punished person leaves service, the amounts owed are collected in accordance with the Code of Collection of Public Revenue (KEDE, Legislative Decree 366/1974, A’ 90) and accrue to public revenue. If the punished person dies, the debt, to the extent not collected, is written off.
6. Enforcement of the penalty of deprivation of right of promotion begins from the pronouncement of the disciplinary decision, while enforcement of the penalty of temporary suspension begins on the day following service of the decision on the punished person. During enforcement of the penalty of temporary suspension, the punished person: a) may not perform his duties, nor any other competence assigned to him in his capacity as a member of DEP, Special Educational Staff (EEP), Laboratory Teaching Staff (EDIP) and Special Technical Laboratory Staff (ETEP); and b) is deprived of the entirety of his monthly salary. Withholding is carried out by the salary clearing officer and the amount withheld accrues to public revenue.
7. Disciplinary decisions are recorded in the relevant register of the DEP, EEP, EDIP or ETEP member maintained at the AEI. The penalties of reprimand, fine, deprivation of right of promotion and temporary suspension are deleted from the register of DEP, EEP, EDIP or ETEP members and are not taken into account in their evaluations after one (1) year, three (3), three (3) and five (5) years respectively from the finality of the decision, if during these periods no new disciplinary penalty has been imposed. If during the periods of the second sentence a new disciplinary penalty is imposed, deletion takes place after the lapse of the period provided for it, calculated from the end of the period provided for the first.
Is there a possibility of objection and appeal against disciplinary decisions?
1. Disciplinary decisions of single-member disciplinary bodies, except for written reprimand, are subject to objection by the member of Teaching and Research Staff (DEP), Special Educational Staff (EEP), Laboratory Teaching Staff (EDIP) or Special Technical Laboratory Staff (ETEP) of Higher Education Institutions (AEI) who has been punished, before the competent disciplinary council, within an exclusive period of twenty (20) days from service. The Minister of Education and Religious Affairs has the right to object against any disciplinary decision of a single-member disciplinary body. The bringing of an objection and the period for bringing it suspend the enforcement of the disciplinary decision.
2. Decisions of the Disciplinary Council of DEP members of AEIs are challenged by petition on the merits before the Council of State (StE). EEP, EDIP or ETEP members of AEIs may bring a petition on the merits before the Council of State against decisions imposing the penalty of permanent dismissal, and before the Administrative Court of Appeals against decisions imposing any other penalty.
3. The Governor of the National Transparency Authority (EAD) also has the right of objection and petition, where this is provided for in the provisions on disciplinary competence of the Governor of the Authority.
4. The period and bringing of the petition do not suspend enforcement of the disciplinary decision. However, suspension of enforcement may be granted upon application of the person prosecuted, in accordance with the legislation on the Council of State. Enforcement of decisions imposing the penalty of permanent dismissal is suspended until the unactioned lapse of the period for bringing the petition or until publication of the decision of the Council of State on the petition.
5. Upon the unactioned lapse of the period for bringing a petition against a decision imposing the penalty of permanent dismissal, or from the day of publication of the decision of the Council of State rejecting the petition, the dissolution of the service relationship of the punished member occurs automatically.
How can we apply for the resumption of the disciplinary procedure?
1. If, after issue of a disciplinary decision acquitting a member of Teaching and Research Staff (DEP), Special Educational Staff (EEP), Laboratory Teaching Staff (EDIP) or Special Technical Laboratory Staff (ETEP) or imposing a penalty lower than permanent dismissal, a final and irrevocable conviction judgment of a criminal court is issued in which factual circumstances are found to constitute the objective elements of offences capable of entailing the penalty of permanent dismissal, the disciplinary procedure is resumed, upon application of the Rector or the Minister of Education and Religious Affairs, within two (2) years of publication of the final and irrevocable criminal judgment.
2. Resumption of the disciplinary procedure is also permitted where a conviction disciplinary decision has been issued, without it appearing that an earlier conviction criminal judgment has been taken into account.
3. If, after issue of a conviction disciplinary decision imposing any penalty, a final and irrevocable acquittal criminal judgment or final and irrevocable acquittal order is issued for the act or omission for which the DEP, EEP, EDIP or ETEP member was disciplinarily punished, the disciplinary procedure is resumed, upon application of the punished member, within a period of two (2) years from publication of the final and irrevocable criminal judgment or order.
4. If a conviction criminal judgment has been issued, upon resumption of the disciplinary procedure a disciplinary penalty higher than that previously imposed may be imposed. If an acquittal criminal judgment has been issued, a lighter penalty may be imposed or an acquittal decision may be issued.
If the DEP, EEP, EDIP or ETEP member had been punished with permanent dismissal, he is entitled, after resumption of the disciplinary procedure and issue of a decision of the Disciplinary Council with different content, to be reappointed to the Higher Education Institution (AEI), by decision of the Rector, regardless of the existence of a vacant position.
Are Emeritus professors subject to review for disciplinary offences?
For the diagnosis of disciplinary offences of emeritus professors and retired members of Teaching and Research Staff (DEP) who provide teaching or research work within the framework of first, second and third cycle study programmes and foreign-language study programmes, or who participate in research programmes, or are scientific managers of research programmes, a Sworn Administrative Examination (EDE) is conducted, by order of the Rector of the AEI, in accordance with Article 126 of the Code of Status of Public Civil Administrative Employees and Employees of Public Law Legal Persons (Law 3528/2007, A’ 26).
If the body competent to assign duties judges that the above professors have committed a disciplinary offence hereunder, the assignment of teaching duties and participation in the research programme are revoked. The Senate, upon proposal of the Rector, may withdraw the title of emeritus professor.
- See also article Election and Promotion of DEP Members
- See also article Internal Operating Regulations of Primary and Secondary Schools
- See also article Lawyer for Town Planning & Forestry Law
- See also article Contribution in Land and Money
- See also article Lawyer for Civil Service Law
- See also article Disciplinary Law for Military Personnel
- See also article Disciplinary Law for Police Officers
- See also article Lawyer for Education Law
- See also article Lawyer for Application for Annulment
- See also article Lawyer for Civil Liability of the State
- See also article Lawyer for Petition before the European Court of Human Rights (ECHR)
- See also article Administrative Appeal
- See also article Sworn Administrative Examination (EDE)
FREQUENTLY ASKED QUESTIONS ON DISCIPLINARY LAW FOR DEP MEMBERS
1. What do I face if disciplinary proceedings are brought against me as a DEP member?
Disciplinary proceedings are brought either by referral before the Disciplinary Council or by call to defence statement, and describe specific factual circumstances constituting an offence. Penalties escalate from written reprimand and fine, to deprivation of right of promotion, temporary suspension and, in the most serious cases, permanent dismissal. The Rector may impose a fine of up to one month’s salary, while heavier penalties are imposed only by the Disciplinary Council. As a rule, the disciplinary procedure is autonomous and proceeds independently of any parallel criminal trial, which calls for prompt and well-documented defence from the outset.
2. What can I do to defend myself effectively?
The defence begins with a study of the referral document or call to defence statement, in order to identify any procedural defects, ambiguity in the description of the facts or absence of legal basis. A written memorandum of defence is filed, refuting the charges, with supporting documents, witnesses and invocation of mitigating circumstances. The five-year limitation, the existence of a prior final decision on the same facts (prohibition of second prosecution) and the possibility of non-imposition of a penalty in case of slight negligence are examined. At second instance there is a right of petition, while against the final decision an application for annulment or appeal before the Council of State (StE) is brought.
3. How long does the disciplinary procedure last and when is it time-barred?
Disciplinary offences are as a rule time-barred five years after the day of their commission. Where the offence also constitutes a criminal offence, it is not time-barred before the criminal one. The bringing of disciplinary proceedings interrupts the limitation period, but the period of interruption may not exceed two years. The procedure before the Disciplinary Council itself is usually completed within several months to over a year, depending on the complexity of the case, any suspension due to criminal proceedings (up to one year), and the exhaustion of levels of jurisdiction until issue of a final and irrevocable judgment.
4. What documents and evidence do I need for my defence?
Gathered are the referral document or call to defence statement, relevant correspondence with the AEI bodies, minutes of Department and Faculty sessions, electronic messages, student evaluations, research and teaching work, CV, as well as any document refuting the allegations. In plagiarism cases the original publications and evidence of each researcher’s contribution are required. In allegations relating to impartiality or conduct, witnesses, statements from colleagues and previous service record are utilised. The parallel criminal case file is decisive, as a final and irrevocable acquittal judgment binds the disciplinary body as to the factual circumstances.
5. What chances do I have of avoiding a heavy disciplinary penalty?
The chances depend on the gravity of the offence, the degree of culpability, the previous service record and the circumstances of commission. The type and measurement of the penalty are determined by considering personality, mitigating and aggravating circumstances, while principles of criminal law apply by analogy. In offences of slight negligence, the body may refrain from imposing any penalty. By contrast, in bribery, plagiarism, offences against sexual freedom or sexual harassment, no penalty lower than temporary suspension may be imposed. A well-documented defence statement, contestation of factual circumstances and presentation of mitigating factors significantly increase the chances of a favourable outcome.
6. What is the role of the lawyer in disciplinary proceedings against a DEP member?
The lawyer takes on the defence from the moment of service of the referral or call to defence statement, studies the file, identifies procedural defects, limitation issues and breach of the right to be heard. Drafts the memorandum of defence, proposes witnesses, represents the DEP member before the Disciplinary Council and handles any parallel criminal procedure. In case of an unfavourable decision, brings legal remedies at second instance and an application for annulment or appeal before the Council of State. Ziamparas D. & Associates law firm has experience in disciplinary and administrative law cases involving academic staff, with a strategy tailored to the particularities of each case.