Mediacja w postępowaniu dyscyplinarnym prowadzonym wobec członków społeczności akademickiej

Abstract

This article considers mediation in disciplinary matters against academic teachers, PhD students and students. The analysis was carried out against the background of the new Act of 20 July 2018 – Law on Higher Education and Science and the Regulation of the Minister of Science and Higher Education of September 25, 2018 on the detailed mode of conducting mediation, explanatory proceedings and disciplinary proceedings in matters of disciplinary liability of academic teachers, and also the way of disciplinary penalties and their seizure. In the first part of the article, through the confrontation of the function and the importance of disciplinary responsibility with the functions of mediation proceedings, the legitimacy of the adopted legislative solutions in this area was assessed – introduction of mediation to disciplinary proceedings against academic teachers and the lack of such a solution in the case of disciplinary liability of students and doctoral students. Then, there is a detailed analysis of the provisions relating to the mediation proceedings allowed for the display of noticed errors and defects in legal regulations.