The Right of Appeal to the Courts
The ultimate remedy for the protection of student rights is judicial appeal: Article 43 of the Law on Higher Education grants the student this right directly. The same article provides that the manner of examining matters connected with student cases is determined by the institution's charter or regulations and by Georgian legislation — internal mechanisms thus do not replace external control but complement it.
A court appeal becomes relevant where internal remedies are exhausted or unsuitable — and determining that moment precisely is part of the defence strategy.
Procedural Guarantees
The procedural core of protection is determined by Article 43: the student has the right to receive a reasoned and written form of the decision taken against him by the institution; to attend the examination and to secure his defence, including the participation of persons whose testimony is necessary; and to access and examine the evidence.
The rule of publicity of proceedings also stands here: the examination of a student's case may be closed only in cases established by law — an open hearing is the general rule, not the exception. The burden of proof lies on the accusation: the institution proves the grounds of its decision, not the student their negation.
Continuation of Studies During Proceedings
The law also establishes a presumption: during the examination of a matter concerning the student, his studies continue — the existence of a dispute does not suspend status. This guarantee also operates where the case is disciplinary in nature: the sanction arises only after the decision enters into force.
Expulsion is resolved under a separate regime: cessation of status rests on cases determined by the charter, the decision is taken by an organ of the institution, and judicial control remains the ultimate instance.