Expulsion from a Georgian higher education institution and the appeal of an expulsion decision are governed by Article 43 of the Law on Higher Education — the single catalogue of student rights, containing the guarantees on which anyone facing termination of student status or disciplinary proceedings must rely. This page explains how the law frames expulsion, who decides it and under which procedure, and how an adopted decision can be challenged.
The legal nature of expulsion — cessation of status in cases provided by law
Paragraph 12 of Article 43 provides that a student's status terminates upon completion of the respective educational programme or in other cases provided for by the charter of the higher education institution. The law thus does not define expulsion as a standalone sanction — the grounds for termination and the examination procedure are determined by the institution's own charter. The first step of any appeal is to identify the exact norm relied upon: if the charter does not cover the situation, the decision becomes questionable.
Paragraph 8 of Article 43 establishes that the question of disciplinary proceedings against a student is decided by the higher education institution, whose charter determines the organ authorised to adopt the decision. An appeal must verify that the decision was produced within that organ's competence and in compliance with the prescribed procedure.
Guarantees of fair procedure and proportionality
Paragraph 7 of Article 43 requires that disciplinary proceedings be proportionate to the disciplinary offence and 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 obliges the institution to develop a student code of ethics and to define in detail the rules of conduct that trigger disciplinary liability. Vague formulations cannot serve as a basis for a sanction, including termination of status.
Paragraph 8 of Article 43 also protects the student while proceedings are pending: initiation must not restrict the student's right to participate in the study process, except where this endangers others' rights, health, the institution's property and safety, in the cases provided for by the charter and internal rules. The student has an express right to attend the examination of their own case.
Evidence, the burden of proof and a reasoned decision
Paragraph 9 of Article 43 lists the rights a student enjoys during disciplinary proceedings: a reasoned written decision on the initiation; attendance at the examination and the right of defence; submission of one's information and evidence to the relevant organ; participation in the examination of the evidence obtained by that organ; and a request that the case be examined at a public hearing. These five guarantees form the minimum standard whose violation is the most frequent ground for appeal.
Paragraph 10 of Article 43 sets the rules of proof: the burden of proof lies with the accusing party, and the decision must be reasoned and based on evidence obtained under the procedure established by Georgian legislation and the institution's charter and internal rules. Every piece of evidence on which the proceedings are founded must be examined by the relevant organ — unexamined material may not be taken into account.
Judicial appeal — the ultimate stage of defence
Paragraph 11 of Article 43 grants the student the right to challenge in court any decision adopted by the higher education institution in respect of that student. The norm is general and covers both disciplinary decisions and any decision connected with the termination of status. Exhausting internal mechanisms is not designated as a precondition for applying to court, although in practice it often generates additional evidence.
Non-disciplinary loss of status and the protection of mobility
Status is not always lost through the student's fault. Under sub-paragraph "t" of paragraph 1 of Article 43, a student may, in the manner established by Georgian legislation and the receiving institution's charter, transfer to another higher education institution from the second year of study. Moreover, under the supplementary norm to paragraph 1 — if the institution has been liquidated without determining a legal successor, has lost authorisation, or the programme is no longer delivered — the right to mobility arises regardless of the duration of study, including for first-year students.
Special rules apply to students of military higher education institutions and of the State Security Academy: Article 43 defines specific cases of suspension and mobility, including a written application within 10 working days from notification of a dismissal decision. The public school level is a separate regime regulated by the Law on General Education.
Frequently asked questions
Below we answer the questions that arise most frequently in the practice of educational disputes.
Is expulsion different from a disciplinary sanction?
Article 43 does not name expulsion as a separate sanction — status terminates upon completion of the programme or in other cases provided for by the charter. Where a disciplinary offence is involved, the proceedings must be proportionate and follow a fair procedure, and the decision is appealable in court.
Can an expulsion decision be challenged in court?
Yes. Paragraph 11 of Article 43 gives the student the right to challenge in court any decision adopted by the institution in that student's regard. Both the violation of the substantive norm and the disregard of procedural guarantees — attendance, defence, access to evidence — can serve as grounds.
What happens to the student's rights while proceedings are pending?
Initiation does not restrict participation in the study process, except where it endangers the rights, health, property or safety of others. The student may attend the examination, receive a reasoned written decision on the initiation, and request a public hearing.
Does a first-year student lose status if the institution closes?
No. If the institution has been liquidated without a successor, has lost authorisation, or the programme is no longer delivered, the right to mobility arises regardless of the duration of study.
How We Help on Legal.ge
The Legal.ge team has worked on educational disputes for years. We will examine the legal grounds of your expulsion decision, distinguish disciplinary from non-disciplinary scenarios, assess compliance with procedural guarantees and help you prepare an internal complaint and a court appeal. Contact us — the first consultation will assess your situation.