Academic discipline in higher education is governed by paragraph 7 of Article 43 and by Article 44 of the Law on Higher Education. This topic is often described through frameworks borrowed from foreign law, but a clear statement is needed here: the American Title IX regime does not exist in Georgian law, and student disciplinary liability in Georgia is governed by this national law. This page explains the substantive side — what a disciplinary offence is, where the disciplinary obligation comes from, and which limits stand before any sanction.
The source of the disciplinary obligation — Article 44
Article 44 establishes the student's obligations: the student is obliged, under the programme established by the higher education institution, to study every subject chosen of their own will the teaching of which is compulsory, and to observe the charter and internal rules of the institution. This compact norm is the foundation of disciplinary liability: responsibility may arise from failure to fulfil the obligation to study chosen compulsory subjects or from a breach of the charter and internal rules.
It follows that in examining a disciplinary accusation the first question is always: which exact obligation was breached? If the accusation rests on conduct that fits neither within the obligations of Article 44 nor within the institution's charter and internal rules, the basis for disciplinary liability is questionable.
Proportionality and the detailed definition of the offence — Article 43
Paragraph 7 of Article 43 sets the substantive standard: disciplinary proceedings against a student must be proportionate to the disciplinary offence and may be conducted only in the cases and in the manner provided for by the institution's charter and internal rules, as envisaged by the law, and through a fair procedure.
The same paragraph imposes two specific obligations on the institution: it must develop a student code of ethics, which may impose restrictions on student conduct where this is connected with the management of the educational process; and it must define in detail the rules of conduct that trigger disciplinary liability. This requirement is decisive in practice as well — a vague, undefined norm cannot serve as the basis of a sanction.
Who decides, and what happens to the status
Under paragraph 8 of Article 43, the question of disciplinary proceedings is decided by the higher education institution, whose charter determines the organ authorised to adopt decisions. The student's status, under paragraph 12 of Article 43, terminates upon completion of the respective educational programme or in other cases provided for by the institution's charter — the law does not name expulsion as a separate sanction, so each case of termination of status must be checked for compliance with the charter.
The confidentiality norm also touches the disciplinary sphere: under paragraph 4 of Article 43, information on disciplinary measures applied to a student is confidential, except with the student's consent or where the administration has a lawful interest in protecting the safety and legally protected rights of others; disciplinary and academic data are stored separately. The publication of a disciplinary case or its transfer to third parties may constitute a breach of this guarantee.
What does not exist: Title IX and other foreign frameworks
Internet resources often carry descriptions of the American Title IX — the federal norm against sex discrimination in education — which also prescribes special investigative procedures. In Georgia no such separate statute and no procedural apparatus of that kind exist: a disciplinary dispute is resolved under the Law on Higher Education, the institution's charter and internal rules, and the code of ethics. Foreign models are instructive for comparison, but they do not determine the outcome of a Georgian dispute.
Frequently Asked Questions
Below we answer the questions that arise most frequently in the practice of educational disputes.
What is a disciplinary offence in higher education?
The law gives no separate definition — it derives from the obligations of Article 44 and from the institution's charter and internal rules. The institution is obliged to define in detail the rules of conduct that trigger disciplinary liability.
How harsh may a sanction be?
Proceedings must be proportionate to the offence — a direct requirement of paragraph 7 of Article 43. The case and the manner must also be provided for by the charter and internal rules, and the process must follow a fair procedure.
Who may know about a disciplinary measure?
Information on disciplinary measures applied to a student is confidential — it may be disseminated only with the student's consent or under the lawful interest of protecting safety, and it is stored separately from academic data.
Does Title IX apply in Georgia?
No. Title IX is an American federal norm; in Georgian institutions disciplinary liability is governed by the Law on Higher Education.
How We Help on Legal.ge
The lawyers of Legal.ge analyse your case through the lens of substantive disciplinary law: we will determine which obligation was allegedly breached and whether it was grounded in the law or the charter; we will check the normative basis of the accusation and its proportionality; and we will protect the confidentiality of disciplinary information. Contact us — we will begin assessing your case at the very first consultation.