30.10.2026 00:21
The Council of State found unlawful the rejection of a law faculty student’s request to have their “warning” penalty, received on the grounds of cheating, removed from their record. The 8th Chamber of the Council of State ruled that students’ disciplinary penalties cannot be kept in their files for life. The Chamber decided by majority vote to annul the university’s rejection decision and the Council of Higher Education’s implicit rejection decision.
The Council of State ruled that the lack of regulation regarding the removal of disciplinary penalties from records in higher education cannot produce results against students. In the decision, it was emphasized that the current situation is contrary to the principles of legal security and certainty.
RECEIVED A WARNING PENALTY FOR CHEATING
A student studying at the law faculty of a foundation university in Istanbul was given a “warning” disciplinary penalty on June 28, 2019, on the grounds of cheating. The student applied to the university on July 3, 2019, for the penalty to be removed from their record. The University Rectorate rejected the request on August 9, 2019.
RECOMMENDATION DECISION IN FAVOR OF THE STUDENT FROM THE OMBUDSMAN
Thereupon, the student applied to the Public Oversight Institution (KDK) on September 17, 2019. On March 17, 2020, the KDK issued a recommendation decision in favor of the student. The university to which the student reapplied for implementation of the recommendation decision did not accept the application, stating that this could only be done if a regulation were made by the Council of Higher Education (YÖK).
YÖK DID NOT RESPOND, A LAWSUIT WAS FILED
This time, the student applied to YÖK and requested that legislation be drafted regarding the removal of disciplinary penalties from records. Upon YÖK’s failure to respond to the application, the request was deemed implicitly rejected. The student then filed a lawsuit in the Council of State seeking annulment of the actions.
“STUDENTS ARE LEFT UNPROTECTED”
The 8th Chamber of the Council of State, which examined the case, determined that there is no clear provision in the legislation regarding how long disciplinary penalties given to higher education students will be kept in the record, under what conditions they will be used, and when they will be deleted. In the decision, it was therefore assessed that students are “left unprotected” with respect to disciplinary penalties.
“NOT UNDERSTANDABLE OR ACCEPTABLE”
Pointing out that there must be a reasonable balance between the student’s action and the sanction applied when imposing a disciplinary penalty, the Chamber assessed that “there is no understandable or acceptable aspect to disciplinary penalties received by university students due to momentary mistakes being kept in student files for almost a lifetime.” It was stated that the lack of regulation on this matter is contrary to the principles of legal security and certainty.
EVEN CRIMINAL RECORDS CAN BE DELETED
In the decision, it was recalled that there is legal regulation for the deletion of even criminal records under certain conditions. It was expressed that the legal gap regarding the use and deletion of student disciplinary penalties should not be applied against students.
It was noted that disciplinary penalties kept indefinitely in the record and shared with other institutions and organizations upon request may lead to the rejection of students’ future applications and to their inability to have equal rights with other candidates.
REJECTION ACTIONS WERE ANNULLED
The 8th Chamber of the Council of State ruled that the implicit rejection of the application made to YÖK requesting regulation for the removal of disciplinary penalties from records after certain conditions and periods was not lawful. Accordingly, the Chamber also found unlawful the university’s action rejecting the student’s request to have their penalty removed from the record. By majority vote, it was decided to annul the university’s rejection action and YÖK’s implicit rejection action.