Repeal of the Academic Discipline Regulation for University Students of 1954 –

The Authorities has offered the Draft Royal Decree Challenge by which the Decree of September 8, 1954, which approves the Regulation of educational self-discipline of the official Facilities of Greater Schooling and Technical Schooling, depending on the Ministry of Nationwide Schooling, is repealed. A Challenge that’s topic to public data processing as acknowledged within the website of the Ministry of Universities dedicated to the processing of draft provisions.

Nothing can present extra satisfaction to these of us who’ve hung out in college administration than to see how the Disciplinary Rules of 1954 develop into the historical past of regulation. A regulation that’s unconstitutional in lots of sections, outdated in others and that oozes from all 4 sides an odor of mothballs and Franco’s College. A textual content, in brief, whose want for repeal was clear, as proven by the Ombudsman claimed it for the primary time in 1990, and later, within the suggestion of July 3, 2008. Nothing to object, due to this fact, fairly the other.

However on the identical time, studying the textual content is the picture of the frustration. Sure, it’s repealed. And nothing extra. It’s not changed by any various textual content, supposedly as a result of the Universities are going to control the matter, because the report factors out: “It ought to be the Universities, within the train of the correct of college autonomy enshrined within the Spanish Structure, people who assume these measures and actions that favor or stimulate energetic coexistence and college co-responsibility amongst all members of the College Group in addition to the usage of various technique of battle decision, corresponding to mediation and different extra-procedural devices for battle decision ”. However, with this, they neglect from the Ministry that there are Regulation reservations in articles 25.1 and 53.1 in relation to 27, which oblige a Regulation to control the matter.

However, on the identical time, in accordance with the provisions of article 149.1.1, it’s a Regulation that have to be authorized by the State, as a result of theirs are the situations to control the essential situations that assure the equality of Spaniards within the train of constitutional rights,

Regardless of the significance of what has simply been identified, it’s not the one downside with the regulation of the sanctioning regime in college college students. It could be vital to beat this section and ponder, in an built-in approach, a regulation of the devices for coexistence and co-responsibility within the college surroundings.

On this sense, it’s vital to control the mediation regime within the college surroundings as a automobile to beat the battle with out having to go to the sanctioning process. An expertise that we put into operation within the UCM underneath the mandate of Carlos Berzosa and that proved to be a helpful instrument to face the issues posed by coexistence, not solely amongst college students but additionally in different areas of the Educating and Analysis Workers and the Workers of Administration and Companies. A complete therapy of college mediation would have been vital and the suitable place for its regulation ought to have been right here.

Sure, after all that the disciplinary energy of scholars have to be regulated. Within the case of public universities, that of academics and administration and companies personnel is included within the Fundamental Statute of Public Workers and, due to this fact, it’s not vital. However that of the scholars does need to be regulated. As a assure of the scholars themselves, each from private and non-private universities. Nevertheless it have to be regulated with a norm with the drive of regulation, not by means of the acts of the Cloister or the Governing Council of the Universities, relying on what their statutes decide.

Classification of punishable conducts, willpower of sanctions and setting of standards for the belief of accountability are important components. Right here I embrace not solely these common features of the sanctioning energy but additionally these associated to coaching to keep away from recidivism. And, in a composite college system corresponding to ours, decide what’s the regime for the circulation of sanctions. And as a corollary of all the things else, decide an administrative process to make clear accountability and that might actually have a simplified process for these behaviors that have been minor. It’s about making use of effectivity within the processing of those administrative procedures.

Lastly, it’s shocking that the Ministry of Universities has not used the Draft of the Preliminary Draft Regulation on coexistence and tutorial self-discipline in college schooling which was commissioned within the spring of 2011, underneath the mandate of José Luis Rodríguez Zapatero and as Minister of Schooling Angel Gabilondo, and since then the dream of the simply has been sleeping. Not solely that, however among the many regulatory options which were proposed shouldn’t be even the approval of a regulation that regulates the matter.

Confronted with this, the Ministry of Universities at present proposes the mere repeal of the 1954 Regulation with out offering an alternate, which is important for causes of legality, but additionally for causes of alternative.

This textual content supplied an built-in therapy of a fancy topic such because the institution of the sanctioning regime for college college students. It grouped rules of coexistence that have an effect on all college teams and the willpower of what various measures could be envisaged. In brief, a special norm, which went past the outdated notion of sanctions as the one method to obtain coexistence within the college surroundings however which on the identical time contained a meticulous classification of infractions that attempted to cowl all areas of the disturbance of the coexistence in universities.

A norm that cared concerning the rights, particularly of those that had suffered harassment or another aggression. And that was linked with democratic values ​​to ban racist, xenophobic conduct or that supposed any kind of discrimination. But additionally related problems with college accountability corresponding to plagiarism, impersonation when taking an examination, hazing or the destruction or deterioration of books.

Clearly, the time that has elapsed makes it potential to make any modifications to the textual content. The essence of it I feel continues to be legitimate.

I feel the worry of regulating this difficulty is fake. When college college students and, particularly, their associations, are defined some great benefits of a complete normal to control the topic, they are often satisfied. At the moment it was executed like this and, as soon as the worry had been overcome, after studying the articles, analyzing the kinds and contemplating the sanctions, it was clear that it was affordable. And above all it supplied the safety of a process that’s at present missing and that have to be picked up with the scraps of what the overall guidelines of administrative regulation present.

We’re in a interval of allegations and we hope that the ministerial strategy could be overcome and the outdated downside of the regulation of coexistence and the sanctioning energy in relation to school college students could be addressed.

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