Allameh Tabataba’i University Strategic Recommendations for  Administrative Bodies

Allameh Tabataba’i University Strategic Recommendations for Administrative Bodies

An Examination of the Challenges of Adjudicating Student Violations with an Emphasis on Existing Regulations

Author
Department of Criminal Law and Criminology, Allameh Tabataba'i University
Abstract
The student disciplinary adjudication system, serving as one of the mechanisms to guarantee academic order, functions optimally only when it simultaneously respects student rights and the educational dignity of the university, preventing its transformation into a tool for exclusion or mistrust. An examination of disciplinary mechanisms indicates that shifting from a punitive approach to a managerial and restorative approach requires the establishment of fair trial principles within the adjudication process, including the right to a physical defense, the right to appeal, the right to access case files, and the prevention of the limitation of student rights outside legal pathways. Nevertheless, ambiguity in violation concepts, regulatory inflation, disproportionality between violations and punishments, and the potential for arbitrary interventions are evaluated as key factors weakening student trust and widening the gap between the student body and university management. Proposed strategies include periodic training for disciplinary council secretaries and student affairs deputies, educating incoming students regarding disciplinary regulations, clarifying the instances of violations to prevent partisan encounters, and establishing student dispute resolution and guidance councils for the peaceful resolution of conflicts. Furthermore, revising certain articles of the executive bylaws to prevent the infringement of the rights of both complainants and defendants, amending regulations concerning summons, case closure, appeals, and determining the duration of punishment impacts are introduced as prerequisites for enhancing justice and the efficiency of the university's disciplinary system.
Keywords