Student disciplinary procedures in Georgian higher education are governed by paragraphs 7, 8, 9 and 10 of Article 43 of the Law on Higher Education. This page is devoted precisely to procedural guarantees — the rules that a higher education institution must observe in every disciplinary proceeding. The substantive question — what counts as a violation and what sanction may be applied — is defined by the institution's charter and code of ethics, but the procedural standard is set by the law itself and cannot be narrowed by the charter.
When disciplinary proceedings begin, and what they must not cost the student
Paragraph 8 of Article 43 establishes two fundamental rules. First: the initiation of disciplinary proceedings against a student must not restrict the student's right to participate in the study process — exclusion from studies is permissible only where it endangers the protection of others' rights, health, the institution's property and safety, and where those cases are provided for by the charter and internal rules. Second: the question is decided by the higher education institution, whose charter determines the organ authorised to adopt the decision.
Procedurally this means that until the accusation is proven, the student continues studying. Temporary restriction is possible only in defined, safety-related cases. If the institution removes a student from the study process immediately upon initiation, without any threat existing, this directly contradicts the law and constitutes a ground for appeal.
The five procedural rights that every proceeding must safeguard
Paragraph 9 of Article 43 sets out the catalogue of rights a student enjoys while disciplinary proceedings are being conducted: to receive a reasoned decision in written form on the initiation of the proceedings; to attend the examination of the case and to exercise the right of defence; to submit to the relevant organ of the institution the information and evidence at the student's disposal; to participate in the examination of the evidence obtained by the relevant organ; and to request that the case be examined at a public hearing.
The violation of each of these rights is an independent ground for complaint. In practice the most frequently violated is the first — the student is not told in writing what exactly is being alleged, or the decision is not reasoned. Remember: an oral notification or a formal notice without reasons does not satisfy the statutory standard — the decision must be written and reasoned.
The burden of proof and the legality of evidence
Paragraph 10 of Article 43 provides that, in the examination of a disciplinary matter, the burden of proof lies with the accusing party. This is a decisive norm — the student does not confirm their own innocence; the institution must prove the violation. The decision must be reasoned and rest on evidence obtained in accordance with the procedure established by Georgian legislation and by the institution's charter and internal rules. Every piece of evidence on which the proceedings are founded must be examined by the relevant organ of the institution.
It follows that material obtained unlawfully or left unexamined cannot serve as the basis for a sanction. It is equally important that the reasoning of the decision cannot be limited to general references — the student must be able to understand precisely which act is attributed to them and by which evidence it was substantiated.
Proportionality, the code of ethics and the normative basis
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 charter and internal rules, as envisaged by the law, and through a fair procedure. The institution is obliged to develop a student code of ethics — which may impose restrictions on student conduct where connected with the management of the educational process — and to define in detail the rules of conduct that trigger disciplinary liability.
This means that disciplinary liability has two sources: the requirements of the law itself and the institution's charter and internal rules. If an accusation rests on a norm found neither in the law nor in the charter, the sanction is unfounded. Judicial control is moreover guaranteed by paragraph 11 of Article 43: the student has the right to challenge in court any decision adopted by the institution in respect of that student.
Frequently asked questions
Below we answer the questions that arise most frequently in the practice of educational disputes.
Must the student prove their innocence?
No. The burden of proof lies with the accusing party — the institution must prove the disciplinary offence with lawfully obtained and fully examined evidence. The student conducts a defence but is not obliged to establish innocence.
Can a student be removed from the study process before the proceedings end?
The initiation of proceedings does not restrict participation in the study process, except in the cases provided for by the charter and internal rules, where it endangers the rights, health, property or safety of others. In any other case such restriction is a violation of the law.
In what form must the student be notified of the initiation?
In written form and by a reasoned decision. The student also has the right to attend the examination, to exercise the right of defence, to submit their own evidence and to request a public hearing.
Who decides a disciplinary matter and where is the decision challenged?
The question is decided by the higher education institution — the authorised organ is determined by its charter. The decision adopted is subject to appeal in court under paragraph 11 of Article 43.
How We Help on Legal.ge
The lawyers and education-law specialists of Legal.ge will examine your case through the lens of every procedural guarantee: we will check the form and reasoning of the decision, the legality of the evidence, the correct allocation of the burden of proof, and compliance with the charter and internal rules. We will help you draft an internal complaint and prepare a court appeal. Contact us — we will assess the prospects of your case at the very first consultation.