The Procedure for Taking Up an Academic Position and the Conditions of Election
An academic position may be taken up only through an open competition, which must comply with the principles of transparency, equality and fair competition. In an Orthodox theological higher education institution, an academic position is taken up under the rule established by the Catholicos-Patriarch of All Georgia. The open competition is the basic guarantee that appointment to an academic position rests on merit rather than on personal connections.
The law also determines the conditions for election to an academic position: a person holding the relevant academic degree or a degree recognised as equivalent, who has at least 8 years of experience of scientific-pedagogical work and special scientific achievements — scientific works (publications) published in leading local and international journals and other publications, participation in national and international scientific-research projects and the like — and who satisfies the additional conditions determined by the charter of the institution, may be elected to the position for a term defined by the charter. In other words, the election rests on the degree and experience as well as on the concrete record of scholarly activity.
Labour Relations with Academic and Scientific Personnel
An employment contract with academic personnel is concluded in the manner determined by the labour legislation of Georgia. With scientific personnel, a written employment contract is concluded — the written form is here directly required by law. The grounds for termination of an employment contract concluded with scientific personnel are: personal application; expiry of a fixed-term employment contract; gross or systematic violation of disciplinary norms; violation of the conditions defined by the employment contract; and other cases determined by Georgian legislation.
The question of combining an academic position and a scientific position is determined by the charter of the higher education institution — here the law leaves the decision to the institution. A scientific position, too, may be taken up only on the basis of an open competition, in accordance with the principles of transparency, equality and fair competition.
Rights and Duties of Academic Personnel
Academic personnel have the right to participate in the management of the higher education institution in accordance with the law and the charter of the institution; to conduct teaching, research and creative activity and to publish scientific works without interference; and, within the framework of an educational programme, to independently determine the content of course programmes — the syllabuses — as well as the methods and means of teaching. The last point is particularly important: the lecturer decides how to structure the course, so long as this remains within the framework of the programme. In addition, academic personnel exercise other powers conferred by legislation.
Academic personnel are obliged to observe the requirements of the charter of the institution; to observe the code of ethics and the norms of disciplinary liability; to fulfil the obligations assumed under the employment contract; to submit, after the end of a scientific-creative leave, a report on the work carried out; and to provide to the police and/or other authorised bodies the personal information of a student concerning a possible act of violence against women and/or domestic violence, where a danger of repetition of violence exists. The institution itself ensures the freedom of scientific teaching and research of academic personnel and creates appropriate conditions for its activity.
Scientific Personnel and the Status of the Scientist
The rights of a scientist are determined by Georgian legislation, by the statute of the independent scientific-research unit and/or by the employment contract. A scientist has the right to conduct scientific research without external interference and to publish the results of research without restriction, except where a restriction is envisaged by the employment contract or the results contain a state secret; to independently determine the content, methods and means of the research; to participate in the implementation of the teaching and research components of educational programmes; and, alongside scientific-research activity, to take part in competitions for grant funding, to benefit from the funding of an individual grant and to receive additional funding.
A scientist is obliged to fulfil the requirements established by legislation and by the statute of the unit, the obligations assumed under the employment contract, and to submit annually a report of the work performed in the manner established by legislation. The university or basic educational unit and the independent scientific-research unit ensure the freedom of scientific research of scientific personnel — the autonomy of research is protected by law.
Academic Titles, Administrative Positions and Dismissal
A higher education institution has the right to award a scientist or a public figure an honorary or emeritus title for special merit. The administrative positions of a state-founded institution include those of head of the institution — the rector —, head of administration, head of a basic educational unit and director of an independent scientific-research unit, as well as other positions envisaged by the charter. In an institution that is a public law legal entity, the positions of heads of the quality assurance services are added to this list. The teaching personnel comprise the teacher and the senior teacher.
In a state-founded institution, a person who has reached the age of 65 years may not be elected or appointed to an administrative position, except where another possibility is directly envisaged by the charter. The grounds for early dismissal from an administrative position are: personal desire; entry into legal force of a court judgment of conviction; death; recognition by a court as having limited legal capacity or as a recipient of support, unless otherwise determined by a court decision; reaching the age of 65 years, with the same exception; dismissal from the academic position of this institution, where holding the academic position is a precondition for taking up the administrative position; and another case envisaged by the charter.
Incompatibility of Positions
A person holding an administrative position may not simultaneously hold another administrative position in the same institution or head another structural unit. Where holding an academic position is a precondition for taking up an administrative position or membership of a management body, the expiry of the term on the academic position entails the termination of authority in the relevant administrative position or management body upon the approval of the results of the competition announced for the academic position, if the person is not elected to that academic position.
A member of the Board of Regents may not simultaneously hold an administrative or academic position in the institution. A member of the Academic Council may not hold an administrative position, except that of rector, or be a member of the Representative Council. The Speaker of the Representative Council likewise may not hold an administrative position. The service incompatibility of academic, teaching and support personnel, as well as other cases of incompatibility, are determined by Georgian legislation and by the charter of the institution. If you are a member of the academic personnel, be sure to read the charter of your institution — the law entrusts many concrete conditions precisely to it.