Mechanisms for Initiating Academic Proceedings and Disciplinary Actions Regarding Academic Misconduct

Saif  Saad Mohammed Nouri; Hamid Karami

Authors

Saif Saad Mohammed Nouri Ph.D. Student, Department of Public Law, Faculty of Law, University of Qom, Qom, Iran Author https://orcid.org/0009-0008-5420-5964
Hamid Karami Member of the Scientific Committee, Public Law, Faculty of Humanities, Shahed University, Tehran https://orcid.org/0009-0005-4036-6589

Keywords:

lawsuits, disciplinary procedures, educational violations, academics, Iraq.

Abstract

This research aims to clarify the mechanisms for filing academic lawsuits and disciplinary procedures in response to academic misconduct. It does so by analyzing the legal and administrative frameworks governing the reporting, investigation, and imposition of disciplinary sanctions, and by examining the extent to which university decisions are subject to judicial review. The research also defines the boundaries between academic independence and the principles of legality and the rule of law. The importance of this research stems from the link between academic integrity and the quality of higher education, as well as the need to protect confidence in degrees and academic institutions. Furthermore, it underscores the importance of providing legal guarantees that ensure the fairness of disciplinary procedures and protect the rights of academics and students against unlawful decisions. The research adopted the descriptive analytical approach to analyze the legal rules regulating violations, disciplinary procedures, and judicial oversight, in addition to the comparative approach when addressing some related legal trends. The research concluded that the effectiveness of confronting academic violations does not depend on the existence of legal texts, but rather requires their proper application through impartial investigations, guaranteeing the rights of defense, setting clear time limits for procedures, and ensuring that the penalty is proportionate to the nature of the violation. It also emphasized the need to strengthen judicial oversight of university decisions without compromising their scientific and technical independence. Moreover, it concluded that it is important to develop the legal framework for violations related to plagiarism and manipulation of grades and certificates, enhance the use of technical means in detecting them, and achieve coordination between disciplinary, civil, and criminal liability, in a way that contributes to consolidating academic integrity and the rule of law within Iraqi higher education institutions.

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