Statute of the University of Modena and Reggio Emilia
TITLE II - University bodies and regulations
Art. 18 - Board of Discipline
The Board of Discipline is competent for all disciplinary procedures relating to full and associate professors and researchers. The Board of Discipline operates according to the principle of peer judgment, in compliance with cross-examination. Participation in the body does not give rise to the payment of fees, emoluments, indemnities or reimbursements of expenses.
The Board of Discipline is made up of three full-time professors, three associate professors, three tenured researchers as full-time members, and many full-time alternates.
The Board of Discipline meets in plenary form and elects its President, who coordinates its activity.
The procedures relating to full professors, associate professors and researchers are the responsibility of the section of the Board composed, respectively, of three full professors, three associate professors and three researchers; each section internally appoints the president for that specific procedure.
By absolute majority of its members, the Academic Senate appoints nine effective members and nine alternates. The mandate for members of the Board of Discipline last for four years and is not consecutively renewable.
The disciplinary procedure is promoted by the Rector who, within thirty days from the moment of knowledge of the facts, transmits the documents to the Board of Discipline formulating a motivated proposal for every fact that could give rise to the imposition of a sanction more serious than censorship, among those provided for by Article 87 of the Consolidated Law on higher education laws referred to in Royal Decree 31 August 1933, n. 1592. In any case, the Rector is entitled to the faculty referred to in art. 10, paragraph 1, letter g), at the end of this Statute.
Having heard the Rector or his delegate, as well as the professor or researcher subjected to disciplinary action, possibly assisted by a trusted defender, within thirty days the Board of Discipline expresses an opinion on the proposal made by the Rector both in relation to the relevance of the facts on the disciplinary plan, and to the type of sanction to be imposed and transmits the documents to the Board of Directors for the adoption of the consequent resolutions.
Within thirty days of receipt of the documents, the Board of Directors, without the representation of the students, inflicts the sanction or orders the filing of the proceedings, in accordance with the binding opinion expressed by the Board of Discipline.
The Discipline Board may propose to the Board of Directors the suspension from the service of the professor subject to criminal proceedings and remanded for trial for particularly serious facts. The Board of Discipline may also propose to the Board of Directors the suspension of the professor subject to disciplinary proceedings for particularly serious violations of office duties. In these cases, the Board of Discipline proposes a fixed time for the duration of the suspension based on current legislation.
The internal regulations of the Board of Discipline are approved by the Academic Senate, after consulting the Board of Directors.
