Students who participated in a demonstration on campus grounds were summoned for disciplinary action for failure to comply with instructions of the university authorities and for violating campus rules and it was decided to suspend them from their studies. Is this an internal procedure of the university or can this be prevented?
Universities are deemed independent voluntary bodies, which management and affairs are regulated by the university's internal constitution. Disciplinary committees at universities are internal bodies which role is to ensure that proper order, discipline, and academic integrity are maintained in the teaching and acquisition of higher education. They deal with "regular" disciplinary offenses as well as offenses unique to the academic institution, such as cheating on an exam or homework. These committees operate under the institution's internal disciplinary regulations and the rules of natural justice, but are also subject to the provisions of Israeli legislation protecting student rights. The Courts' intervention in the decisions of disciplinary committees of academic institutions is limited and exercised with great restraint, out of respect for the autonomy of the academic institution and its internal expertise and is limited to extremely exceptional cases of exceeding authority, a material violation of the principles of natural justice (such as the right of due process and the right to know the nature of the accusation), or an extreme deviation from the bounds of reasonableness.
A case that reached the Haifa District Court in June, 2008, concerned students who were subjected to disciplinary proceedings without being given the opportunity to be represented by a lawyer in the disciplinary committee, despite their demand. The Court decided that a student has the right to representation in such proceedings, especially in cases of apprehension of serious consequences, in order to ensure the existence of a fair process. Although in that case the regulations permitted representation only by a student or academic employee, it was decided that this limitation was not legal and the student was entitled to receive legal advice by a lawyer. The Courts have also found that, although the committees are not subject to the rules of evidence applicable in Court and are not legally obligated to reason their decisions, they must act fairly and therefore should reason their decisions. For example, in a decision issued by the Haifa District Court in September, 2020, a medical student at the Technion was suspended without being allowed to correct a grade in a course he failed. The student demanded that the Advisory and Monitoring Committee's decision to suspend his studies be overturned because there were flaws in its decision, including a lack of clarity in the summons to the hearing which, inter alia, it did not note that the suspension of studies will be discussed. Thus, he could not properly prepare for it. The Court held that while it does not sit as an appellate on the committee's professional judgment, due to the procedural flaws in the committee's decision, the matter should revert to the committee to rediscuss it.
In a case heard in the Nof HaGalil-Nazareth District Court in July, 2024, the college's "Status Committee" suspended a student due to disciplinary issues. The Court found that the student has a right to a hearing and that a brief notice in the invitation does not meet the requirement for a hearing. The committee should have included a broader description of the reasons that were the basis for the hearing, including the possibility of suspension, in order to allow the student to deal with it fairly.
In conclusion, in light of the importance of the right to legal representation in academic disciplinary proceedings and the graveness of the possible consequences to the student's future, it is highly recommended that a student summoned to a university disciplinary committee, especially when the student faces serious sanctions such as expulsion from studies, consult with a lawyer knowledgeable in the subject immediately upon receiving the summons.