KÜHEYLAN HUKUK
Objection and Cancellation Case to the Disciplinary Penalty Given to a University Student According to Law No. 2547, Article 54, types of penalties, right to defense, statute of limitations and litigation in the administrative court. This guide, as of October 2026, according to the text of the Higher Education Law No. 2547, Article 54, amended by Law No. 7437, the annulment decision of the Constitutional Court dated 22.02.2024 and the precedents of the Council of State. has been prepared.
The penalty of reprimand, suspension or expulsion given to a university student is an administrative action. Before a punishment is given, the student's defense must be taken properly, the investigation must be opened in a timely manner, and the punishment must be appropriate to the act. If one of these conditions is missing, the transaction may be cancelled. The student can appeal against the penalty to the university administrative board within 15 days, or can directly go to the administrative court without objecting (2547 art. 54/10-e). The litigation period is 60 days. The 8th Chamber of the Council of State annulled the expulsion penalty imposed without exercising the right to defense, and found the penalty imposed due to the act committed before becoming a student to be unlawful. This guide explains what to look for at each stage.
Disciplinary affairs of university students are regulated in Article 54 of the Higher Education Law No. 2547. The article was rewritten by Law No. 7437 dated 02.02.2023. The new regulation lists the actions that lead to punishment one by one according to the types of punishment. Thus, the law determines which punishment can be given for which act. The Constitutional Court annulled some sub-clauses in the article on 22.02.2024 (E.2023/78, K.2024/55). For this reason, the first point to be checked is whether the clause on which a transaction is based is still in force.
Disciplinary punishment is an administrative action taken unilaterally by the university body. An annulment lawsuit may be filed against this transaction in the administrative court. In case of severe penalties such as expulsion, the outcome of the case directly affects the student's right to education.
Condemnation Reporting incomplete or incorrect information in order to mislead, attempting to cheat in the exam, disrupting the course order Dean or director (art.54/7-a)
1 week to 1 month suspension Acts that harm honor and dignity within the institution, threats, acts that disrupt functioning, drinking alcoholic beverages Dean or director (art.54/7-a)
one semester Cheating, plagiarism, actual attack on institution staff or students, disciplinary board
Two semester suspension Obstructing duty by force and violence, drug possession, sexual harassment, impersonating someone else in the exam Disciplinary board (art.54/7-c)
deinstitutionalization Organized crime, selling or trading drugs, violation of sexual immunity with a final court decision Disciplinary board (art.54/7-c)
The dean or director gives the reprimand and suspension for up to one month. This authority belongs to the rector for acts committed in common spaces. The disciplinary board imposes the punishment of one or two semesters of suspension or expulsion. In investigations at the faculty level, this board's duty is fulfilled by the faculty board of directors, and in investigations carried out by the rectorate, the university board of directors fulfills its duty. A penalty imposed by an unauthorized authority is grounds for annulment in terms of the authority element.
The law clearly guarantees the right to defense (Article 54/5). The student is notified in writing of the alleged act at least seven days before the defense date. Notification can also be made via the student information system, e-mail or text message. The student may defend himself orally or in writing. If he does not comply with the summons without excuse, he is deemed to have given up his right to defence. The student who submits a valid apology is given an appropriate period of time.
The 8th Chamber of the Council of State examined the expulsion penalty given to a law faculty student in its decision dated 27.12.2024 (E.2024/2283, K.2024/7788, unanimous). There was a final conviction against the student. Despite this, the Department determined that the right to defense was not exercised properly during the disciplinary investigation process and did not find the procedure to be in compliance with the law. According to the department, before the punishment can be applied, it is a legal obligation to open a disciplinary investigation in accordance with the law and regulations and to take the defense of the student accused of a crime. This decision shows that even if there is a strong basis such as a conviction, a lack of procedure can cripple the process.
Beginning of the investigation: It starts immediately when the incident becomes known and is concluded within 30 days at the latest. Additional time may be granted for a total of 60 days, not to exceed 30 days at a time, and up to 90 days for collective actions (Art. 54/4-a).
Statute of limitations for opening an investigation: If the investigation is not initiated within 1 month for reprimand and suspension up to 1 month, and within 3 months for semester suspension and expulsion from the date the superior learns about the action, the authority to impose punishment becomes statute of limitations (Art. 54/4-b).
General statute of limitations: If no penalty is imposed within 2 years from the date of the action, the statute of limitations expires. In the case of expulsion based on final conviction, the period starts from the day the judicial verdict becomes final (Art. 54/4-c).
Re-penalty after cancellation: If the penalty is canceled by a judicial decision, the administration may impose a new penalty within the remaining statute of limitations or within 3 months at the latest (Art. 54/4-d). Therefore, an annulment decision may not necessarily mean an end to some files.
Limitation periods are often overlooked in practice. The date of action, the date the administration learned about the action, and the start date of the investigation must be stated separately in the petition.
The 8th Chamber of the Council of State laid down an important principle in its decision dated 22.12.2023 (E.2022/4719, K.2023/7745, unanimously). In the file, the student's punishment for membership in an armed terrorist organization was finalized before the school enrollment date. After registration, a penalty of expulsion was imposed based on this conviction. The Department found the procedure unlawful, stating that Article 54 of Law No. 2547 and the Regulation based on it were regulated for the period when the person was a student at a higher education institution, and that disciplinary punishment was not foreseen in the law for actions and convictions related to them in the period before becoming a student. In another file, the first instance court annulled the expulsion penalty given to a student with a final conviction for attempting to overthrow the constitutional order, on the grounds of an act before his studentship, and the 8th Chamber of the Council of State reached the same conclusion in terms of the right to defense (E.2024/2283, K.2024/7788). In terms of pre-student actions, two separate grounds for cancellation must be put forward together, depending on the basis of the file.
Objection: An objection can be made to the university administrative board within 15 days against the imposed penalty. The board of directors decides within 15 days. If the objection is accepted, the authorized chief or board decides again within 30 days (Art. 54/10-ç and d).
Objection is not mandatory: The law stipulates that an administrative judicial remedy can be filed without exercising the right to object (Art. 54/10-e).
Case duration: An annulment case is filed in the administrative court within 60 days from the notification of the penalty (Article 7 of Law No. 2577). If an objection has been made, the period starts again from the notification of the response to the objection (2577 Art. 11).
Notification: Notification to the student is made in accordance with the provisions of the Notification Law No. 7201. If the student changes or does not notify the address stated during registration, the notification sent to the registered address is deemed to be in accordance with the procedure (Art. 54/11).
Stay of execution: If the suspension coincides with the exam period or if the decision to dismiss actually interrupts the education, a stay of execution should be requested by showing irreparable damage.
Independence from criminal proceedings: Opening or concluding a criminal prosecution due to the same incident does not delay the disciplinary punishment, and being convicted or not does not prevent the punishment (Art. 54/6-ğ). Therefore, an acquittal in the criminal file does not automatically cancel the disciplinary penalty. The act and evidence on which the disciplinary penalty is based are also inspected.
Disciplinary superiors and committees may impose a lower level of punishment, taking into account the severity of the action, whether the student has been punished before, whether he feels remorse, and his past behavior, work and success in the institution (Art. 54/9-d). If the decision does not mention these criteria at all, it can be further criticized in the petition in terms of the justification and proportionality of the action. In case of recidivism, a degree of severe punishment is applied, but the penalty of expulsion cannot be given on the grounds of recidivism (Art. 54/2).
The following scenario is fictional; It has been prepared to explain a typical situation in practice.
In a fictional example, a faculty student was suspended for one semester for allegedly cheating on an exam. The student was given only three days for his defense, and there is no signature of the student on the report. The decision was made by the faculty dean.
First, authority is considered. A one-semester suspension is imposed by the disciplinary board, not the dean. In addition, at least seven days must be given for defense. Two deficiencies together cripple the process. The student may file an annulment lawsuit in the administrative court within 60 days from the notification of the penalty. If he wishes, he can first appeal to the board of directors within 15 days. If the term is starting, a stay of execution is also requested.
Do I have to object to disciplinary action?
No. The law states that an application can be made to administrative jurisdiction without exercising the right of objection. The objection period is 15 days. The duration of the case is 60 days.
What happens if I don't plead?
A student who does not comply with the summons without excuse is deemed to have given up his right to defense and a decision may be made based on the available evidence. If a valid apology is given, an appropriate period of time must be allowed.
The criminal case against me ended in acquittal. Will disciplinary punishment be lifted?
It doesn't get up on its own. The law states that the outcome of criminal proceedings does not preclude disciplinary action. The acts and evidence on which the punishment is based are also examined by the administrative court.
Can I be expelled from school for a crime I committed before I became a student?
The 8th Chamber of the Council of State found such an action unlawful, stating that disciplinary punishment is not foreseen in the law for actions during the pre-student period (decision dated 22.12.2023).
If a cancellation decision is made, can the university impose penalties again?
If the statute of limitations has not expired or is less than 3 months away, a new penalty may be imposed within 3 months at the latest. Therefore, it is important what the reason for cancellation is based on.
Confusing the period: The objection period is 15 days, the lawsuit period is 60 days. Which period is valid must be calculated from the beginning according to the date of notification and whether an objection has been made.
Skipping the defense: If the defense will be presented in writing, requests for evidence and witnesses must be notified from the beginning. It is difficult to add it later.
Not checking the underlying clause: Some sub-paragraphs in the article were annulled by the decision of the Constitutional Court. The first thing to be examined is whether the clause on which the penalty is based is in force.
Not following the notification: Notification made to the registered address may be considered valid. For this reason, the student information system and registered address should be monitored regularly.
Student disciplinary penalties are strictly supervised by the administrative judiciary, as they result in the restriction of the right to education. The law provides concrete guarantees to the student by counting the acts according to the types of punishment and clearly regulating the right to defense and statute of limitations. The decisions of the Council of State show that procedural deficiencies and acts before studentship may render the punishment unlawful. Küheylan Law Firm examines whether the competent authority in disciplinary penalties is correct, the defense process, the statute of limitations calculation and the currentness of the underlying clause, and plans the objection and application to the administrative court, together with the request for stay of execution, if necessary.
Important Legal Notice: The legal explanations contained in this guide have been prepared by Küheylan Law Firm for general information purposes and do not constitute legal advice. Since the unique circumstances of each file may change the outcome, it is recommended to seek support from an administrative law attorney from the beginning of the process.
KÜHEYLAN HUKUK