Academic Staff Code of Ethics and

Disciplinary Procedure

August, 2012

Samara University

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 Table of Contents
PREFACE---------------------------------------------------------------------------------------3
PREAMBLE-----------------------------------------------------------------------------------------5
PART ONE: GENERAL PROVISIONS
Article 1: Short Title----------------------------------------------------------------------------6
Article 2: Purpose-------------------------------------------------------------------------------6
Article 3: Definitions---------------------------------------------------------------------------7
Article 4: Scope of Application----------------------------------------------------------------7
PART TWO: ACADEMIC STAFFS RELATIONSHIP
Article5: Relationship between Academic Staff and Students---------------------------8
Article 6: Relationship between Academic Staff and Support Staffs---------------------9
Article 7: Relationships among Academic Staff-------------------------------------------10
Article 8: Academic Staff and Scholarly Inquiry-------------------------------------------11
Article 9: Relationship between Academic Staff and the University--------------------11
PART THREE: MINIMUM PROFESSIONAL AND ETHICAL STANDARDS
Article 10: Responsibilities of Academic Staff---------------------------------------------12
Article 11: Academic Freedom--------------------------------------------------------------13
Article 12: Scholarship------------------------------------------------------------------------14
Article 13: Public Comment------------------------------------------------------------------14
Article 14: Plagiarism-------------------------------------------------------------------------15
Article 15: University Resources-------------------------------------------------------------15
Article 16: Ethical Decision Making--------------------------------------------------------15
Article 17: Fraud and Corruption Prevention----------------------------------------------16
Article 18: Harassment and Sexual Harassment------------------------------------------16
Article 19: Equity and Respectful Treatment----------------------------------------------17
Article 20: Occupational Health and Safety------------------------------------------------17
Article 21: Privacy Practice-------------------------------------------------------------------18
Article 22: Neutrality from Political Involvement-----------------------------------------18
Article 23: Conflicts of Interest--------------------------------------------------------------18
Article 24: Outside Employment------------------------------------------------------------19
Article 25: Acceptance of Gifts and Benefits-----------------------------------------------20
Article 26: Extent of Liability---------------------------------------------------------------20
Article 27: Breaches of the Code of Ethics-------------------------------------------------20
Article 28: Grave Disciplinary Offenses----------------------------------------------------21
Article 29: Simple Disciplinary Offenses---------------------------------------------------22
PART FOUR: DISCIPLINARY PROCEDURE AND MEASURES
Article 30: Objectives of Disciplinary Penalties-------------------------------------------24
Article 31: Types and Classification of Disciplinary Penalties---------------------------24
Article 32: Simple Disciplinary penalties---------------------------------------------------24
Article 33: Grave Disciplinary Penalties----------------------------------------------------25
Article 34: Suspension from Duty----------------------------------------------------------25

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Article 35: Period of Limitation--------------------------------------------------------------26
Article 36: Formal Disciplinary Investigation---------------------------------------------26
Article 37: Disciplinary Charges-------------------------------------------------------------27
Article 38: Discontinuance of Charge-------------------------------------------------------27
Article 39: Service of Charge-----------------------------------------------------------------27
Article 40: Preliminary Objection-----------------------------------------------------------28
Article 41: Statement of Defense------------------------------------------------------------28
Article 42: Admission or Denial of Charge--------------------------------------------------29
Article 43: Summoning of Witnesses-------------------------------------------------------29
Article 44: Report on Investigation---------------------------------------------------------30
Article 45: Decision of the Academic Core Process Vice-President---------------------31
Article 46: Execution of Decision------------------------------------------------------------31
CHAPTER FIVE: DISCIPLINARY COMMITTEE
Article 47: Establishment of Faculty Disciplinary Committee (FDC) ------------------31
Article 48: Requirement for Membership--------------------------------------------------32
Article 49: Term of Office--------------------------------------------------------------------32
Article 50: Meetings of the Committee-----------------------------------------------------32
Article 51: Dismissal and Removal of Members (FDC) ----------------------------------32
CHAPTER SIX: APPEAL AND ITS PROCEEDING
Article 52: Right to Appeal-------------------------------------------------------------------33
Article 53: Grounds for Appeal--------------------------------------------------------------34
Article 54: Requesting a copy of FDC decision--------------------------------------------34
Article 55: Period of limitation--------------------------------------------------------------35
Article 56: Memorandum of Appeal--------------------------------------------------------35
Article 57: Rejection of Appeal--------------------------------------------------------------35
Article 58: Admission of Appeal-------------------------------------------------------------36
Article 59: Presence of Parties---------------------------------------------------------------36
Article 60: Preliminary Objection-----------------------------------------------------------36
Article 61: Withdrawal of Appeal-----------------------------------------------------------37
PART SEVEN: ACADEMIC STAFF APPELLATE BOARD
Article 62: Establishment of Academic Staff Appellate Board (ASAB) -----------------37
Article 63: Jurisdiction of the Appellate Board--------------------------------------------38
Article 64: Judgment--------------------------------------------------------------------------38
Article 65: Execution of Decision-----------------------------------------------------------39
PART EIGHT: MISCELLANEOUS PROVISIONS
Article 66: Contradictory Provision--------------------------------------------------------40
Article 67: Power of Revision----------------------------------------------------------------40
Article 68: Effective Date---------------------------------------------------------------------40

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PREFACE
Samara University comprises a diversity of populations which have different
relationships to one another. These may be relations of power and/or status. It is
essential in such a community that all members recognize and respect not only their
own rights and responsibilities but also the rights and responsibilities of other
members of the community, and those of the University itself.

Samara University has introduced thisCode of Ethics and Disciplinary Procedure

(hereinafter “the Code”)to promote integrity and ethical behavior, and to guide
academic staff relationships within the University community, and between the
University and the wider community. The Codedefines and clarifies the standards of
behavior expected of academic staff members with respect to their professional and
personal conduct.

In doing so, the Codeaims to:

 Support and promote relationships, guided by the principles of respect and

consideration for the basic human rights of all individuals among its staff
members, students and other clients or stakeholders;
 Identify and clarify the boundaries of acceptable behavior;

TheCode is a shared statement of the academic staff commitment to uphold the

ethical, professional and legal standards to use as the basis for their daily and long-
term decisions and actions. The academic staffs must be cognizant of and comply
with the relevant policies, standards, laws and regulations that guide their work. The
academic staffs individually accountable for their own actions and, as members of the
University community, they are collectively accountable for upholding these
standards of behavior.

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The Code does not in anyway diminish the principle of academic freedom.It stands
beside but does not exclude or replace other legally binding obligations; it should be
read in conjunction with the University’s Senate legislation, relevant professional
bodies’ codes of conduct and other laws and policies. Therefore, the academic staffs
are required to comply with relevant statutes, regulations and policies of the
University and the laws of landas well.

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PREAMBLE

Whereas, Samara University is one of the newly established higher education

institutions with a mission of teaching-learning, research and community services,
and its aim is to pursue this mission with integrity for the benefit of the people.

Whereas, all staff members of the University are expected to perform their duties
with efficiency, fairness, impartiality, accountability, loyalty, civility, tolerance,
honesty and compassion;

Whereas, it is recognized, that the relationships among scholarly, teaching, and

service activities of academic staff are complex, the Code seeks to identify areas of
responsibility of academic staff and the expectations associated with those
responsibilities.

Whereas, it is the responsibility of Samara University to protect essential values from

disruption and to deal with behaviors which are incompatible with the minimum
ethical standards and therefore unacceptable tothe University community that, it has
become necessary to prepare the Code;now, therefore, as per Article
_______________of Samara University Senate Legislation, this Code of Ethics and
Disciplinary Procedure, hereby proclaimed as follows:

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 PART ONE

GENERAL PROVISIONS

Article 1

Short Title

1.1. This document may be cited as “Samara University Academic StaffCode of

Ethics and Disciplinary Procedure” (hereinafter, the Code)

Article 2

Purpose
2.1. The purpose of the Code is to provide guidance in exercising the ethical
responsibilities inherent in an academic staff position at the University of
Samara. The Code applies to all academic staff, including those who carry out
administrative responsibilities regardless of their level or seniority. It covers all
circumstances when staffs are performing work, duties or functions for the
University, as well as related activities, such as work-related functions, travel,
conferences and any circumstances when a staff is representing the University.

2.2. The Code sets out the minimum standards for the behavior and conduct for all
academic staff. Where conduct or behavior falls below the standards outlined,
disciplinary action will be commenced in accordance with the Disciplinary
Procedure.Thus, the academic staffs are responsible for sustaining the highest
ethical standards of the University, and of the broader community in which
they function. The University values integrity, honesty and fairness and strives
to integrate these values into its teaching, research and community service.

2.3. Overall, the Code exists to promote professionalism and excellence so that all
academic staffs are motivated to do the right thing and feel safe and respected
whilst at work.

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 Article 3

Definitions
For the purposes of this Code:
3.1. “Ethics” is defined as that set of principles, rights and obligations that ought
to govern human relationships.
3.2. “The University” refers to Samara University
3.3. “Academic Staff” means all academic employees of the University, including
casual employees; and conjoint and visiting appointees; consultants and
contractors; agency staff; and any other person appointed or engaged by the
University to perform duties or functions for the University.
3.4. “Student” refers to all persons taking courses at the University, both full-time
and part-time, pursuing undergraduate, graduate, continuing education,
distance learning, professional or extension studies as well as those who
attend short term trainings and/ or courses at the University;
3.5. “The President” refers to the President or acting President of Samara
University or any person or persons nominated to act on his behalf for
purposes of managing the entire University

Article 4

Scope of Application

4.1. The Code recognizes that all academic staff deserves a friendly work
environment which is positive, productive, healthy and enjoyable at all times.
Therefore, the code applies and binds all SU academic staff, including those
who carry out administrative responsibilities, casual, contractors, honorary,
adjunct and visiting appointments.
4.2. Unless the context requires otherwise, provisions of this Code set out in the
masculine gender, shall also apply to the feminine gender.

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 PART TWO

ACADEMIC STAFFRELATIONSHIP

Article5

Relationship between Academic Staff and Students

5.1. Academic staff should treat students with fairness and respect (e.g. in
classroom interactions, in faculty discussions, in providing some method of
out of classroom contact with the academic staff member related to course
concerns).
5.2. Academic staff should encourage the free exchange of ideas between
themselves and students. They should ensure that issues are raised and dealt
with in a balanced objective manner while recognizing that effective learning
often requires challenging and/or questioning previously held beliefs and
assumptions.
5.3. Academic staff should conscientiously strive to be fair and balancedin their
evaluation of student work.
5.4. Academic staff in their scholarship, teaching, service, publicperformance and
other work, should acknowledge academic orintellectual debts to students.
5.5. Academic staff should not exploit their students for personal gain or represent
jointly prepared work as their own without acknowledgingin full the
contributions of their students.
5.6. Academic staff should be fair and objective when providingreferences for
students.
5.7. Academic staff should hold in confidence all personal informationgained
about students (concerning, for instance, academic progress, personal lives or
political and religious views) unless one or more of the following apply:

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 a) There is a legitimate academic purpose (e.g. consideration of academic or
non- academic misconduct) in sharing the information,
b) The student has agreed to have this information shared,
c) The academic staff member believes, on reasonable grounds, that sharing
such information will be beneficial to the student or minimize harm to
others.

5.8. In order to foster objective and professional relationships between academic

staff and their students, a member of academic staff should not enter into a
sexual relationship with his/her student.
5.9. Where an academic staff member is involved in a relationship as described
above, the potential for conflict of interest should beindependently evaluated.
The academic staff member should informhis or her immediate supervisor of
the relationship in order thatalternative arrangements can be made for
supervision and/orevaluation of the student's work.

Article 6

Relationship between Academic Staff and Support Staffs

6.1. Academic staff should treat support staff with fairness and respect.
6.2. Academic staff should respect the contribution of support staff tothe work of
the University.
6.3. Academic staff should not put support staff in a position whichcreates an
ethical or legal dilemma for them (e.g. requests to copymaterials in violation
of copyright, to complete fraudulent expenseclaims, to protect the academic
staff member's unauthorized absencefrom campus, or to access confidential
material).
6.4. Academic staff should not make requests that create a personalor
administrative problem for support staff (e.g., expecting staff tostay late to suit

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 an academic staff member's schedule or requestswhich violate the accepted
priorities established by the Departmentor other administrative unit).
6.5. Academic staff, in their scholarship, teaching, service, publicperformance and
other work, should acknowledge academic orintellectual debts to support
staff.
6.6. Academic staff should not exploit support staff for personal gainor represent
jointly prepared work as their own without acknowledging in full the
contributions of support staff.

Article 7

Relationships among Academic Staff

7.1. Academic staff, whether acting in academic or administrative capacity, should

treat each other with fairness and respect.
7.2. Academic staff should defend the right of their colleagues to academic
freedom. It is unethical for them either to act so as deliberately to infringe that
freedom or to allow such infringement by others to pass without opposition.
7.3. While critical evaluation is an essential part of academic activity, academic
staff should be fair and objective when presenting a professional judgment on
their colleagues' work and should refrain from private and public denigration
of their colleagues' professional competence.
7.4. Academic staff should respect the confidentiality of information about
colleagues gained during participation in the work of University committees
or funding agencies.
7.5. Academic staff, in their scholarship, teaching, service, public performance, and
other work, should acknowledge academic or intellectual debts to their
colleagues.

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7.6. Academic staff should not exploit the work of colleagues for personal gain or
represent jointly prepared work as their own without acknowledging in full
the contributions of their colleagues.
Article 8

Academic Staff and Scholarly Inquiry

8.1. Academic staff engaged in scholarly inquiry should be sensitiveto the

objectives of scholarship which include:
a) The pursuit of knowledge and understanding;
b) The communication and application of knowledge within theUniversity
and broader community;
c) The communication to one's students of the specialized skillsand
knowledge of the academic discipline in which one conductsresearch; and
d) The improvement of the quality of instruction.
8.2. Since academic staff must be free to engage in scholarly inquirythey should
not enter into any agreement that infringes on thatfreedom or that
compromises their scholarly integrity.
8.3. Academic staff should exhibit intellectual honesty and integrity in all their
scholarly endeavors.
Article 9

Relationship between Academic Staffand the University

9.1. In accepting a University appointment academic staff assumes obligations to

contribute to the University community in addition to their duties as teacher.
They should act so as to secure the good of the University. Such activities
include participation in the governance and administration of the University
through membership on committees.

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 PART THREE

MINIMUM PROFESSIONAL AND ETHICAL STANDARDS

Article 10

Responsibilities of Academic Staff

10.1. Academic Staff are expected to act honestly, conscientiously, reasonably and
in good faith at all times having regard to their responsibilities, the interests of
the University and the welfare of colleagues and students.In performing their
duties academic staff are expected to:
a) Maintain and develop knowledge and understanding of their area of
expertise and/or professional field;
b) Exercise their best professional and ethical judgment, making
decisions without bias and using the information available to them;
c) Treat students, members of the public and other staff members with
respect, impartiality, courtesy and sensitivity;
d) Maintain a cooperative and collaborative approach to working
relationships;
e) Be able to raise the often complex professional and ethical issues
which may face them in their work;
f) Perform their duties diligently and conscientiously and comply with
all lawful and reasonable instructions;
g) Act fairly and reasonably, by carrying out work with integrity and
objectivity;
h) Respect the confidentiality of Confidential Information entrusted to
them in the course of employment;
i) Ensure efficient and effective use of University resources, making
improvements wherever possible and reducing waste;

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 j) Act within the spirit of the University strategic direction, policies and
procedures;

10.2. The traditional and statutory responsibilities of academic staff include acting
as the critics and conscience of society. In pursuit of these objectives and in
the context of academic freedom it is accepted that academic staff may
sometimes act as critics of prevailing ideas and modes of thought. The
Universityacknowledges and affirms the legitimacy of such activities.
10.3. The overarching obligations of all academic staff are to act in the best interests
of the University at all times. To this end, the academic staff have three
primary obligations with respect to their personal and professional conduct:
a) An obligation to the University in terms of responsible stewardship of
its resources and protection of its reputation in the wider community;
b) A duty to observe standards of equity and respect in dealing with every
member of the University community; and
c) An obligation to act appropriately when a conflict of interest arises
between a staff member’s self interest and the duty to the University.

Article 11

Academic Freedom

11.1. The University recognizes and protects the concept and practice of academic
freedom as essential to the proper conduct of teaching, research and
scholarship within the University. While academic freedom is a right, it carries
with it the duty of academics to use the freedom in a manner consistent with a
responsible and honest search for and dissemination of knowledge and truth.
Academic freedom is not a defense to poor behavior or disrespectful treatment
of others.

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 Article 12

Scholarship

12.1. Academic staff, guided by a deep conviction of the worth and dignity of the
advancement of knowledge, should recognize the special responsibilities
placed upon them. Their primary responsibility to their subject is to seek and
to state the truth as they see it. To this end academic staff should devote their
energies to developing and improving their scholarly competence. They
should accept the obligation to exercise critical self-discipline and judgment in
using, extending, and transmitting knowledge. They should also practice
intellectual honesty. Although staff may follow subsidiary interests, these
interests must never seriously hamper or compromise their academic freedom.

Article 13

Public Comment

13.1. Academic staff must not makeany public comment on behalf of theUniversity
or represent themselves asbeing spokespersons for the University,unless
expressly authorized to do so.
13.2. Within the ambit of academic freedom liesthe traditional role of academics in
makinginformed comment on societal mores andpractice and in challenging
held beliefs,policies and structures. Where suchcomments are offered by
academics asmembers of the University, it is expected thatthose
commentaries will be within their broadarea of expertise.
13.3. These expectations are not intended torestrict the right of any individual to
freelyexpress their opinions in their private capacity, or as a member or
representative of any professional, community or representative body.

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 Article 14
Plagiarism

14.1. Plagiarism, or using another person’s intellectual output and presenting it

(without appropriate acknowledgement) as your own, is an academically
dishonest practice that seriously deviates from conduct acceptable within a
scholarly community.

Article 15

University Resources

Academic Staffs are required:

15.1. To use all the University resources in a careful manner. Unless express
permission has been granted, University resources are not to be used for
private purposes.
15.2. Not to use the University resources for further personal interests, political or
religious causes or use for activities that are illegal, involve obscene languages
or images or the distribution of copyright material.
15.3. To use the University resources in a timely, proper and efficient manner;
15.4. To care for and maintain the University resources within their possession or
control;
15.5. To avoid improper use of the University resources for private gain or the gain
of a third party

Article 16

Ethical Decision Making

When making decisions related to University or work matters, academic staffs are
required to consider:
16.1. Whether the decision complies with the University’s Senate Legislation;

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16.2. Whether there are any conflicts of interest arising from the decision; and
16.3. The possible impact of the decision on others and on the reputation of the
University

Article 17

Fraud and Corruption Prevention

Academic staffs are required:

17.1. To discharge their duties with honesty and integrity and refrain from any
corrupt, improper or criminal conduct (including fraud, stalking and
inappropriate relationships with students), they should abide by the
University’s Senate Legislation and other relevant laws of the country
17.2. To report any suspected fraud,corrupt, criminal, unethical
conduct,maladministration or waste of publicmoney to the appropriate body.

Article 18

Harassment and Sexual Harassment

18.1. Academic staffs must not engage in behavior that constitutessexual
harassment. Sexual Harassment means oral, written orphysical behavior.
physical or visual display that emphasizesgender sexuality or sexual
orientation in a manner which theinstigator knows, or ought to know, creates
an intimidating, hostile oroffensive working, learning or living environment.
18.2. A reprisal or threat made to the individual who has reported harassment, or
sexual harassment, or who has rejected a sexual advance, is also a form of
harassment/sexual harassment. Additionally, making a false or mischievous
allegation of harassment or sexual harassment also constitutes harassment.
18.3. Academic staffs who are informed of an incident of alleged harassment or
sexual harassment have an ethical responsibility to offer to the recipient of the

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 alleged action both appropriate support and advice regarding correct avenues
of possible redress.
Article 19

Equity and Respectful Treatment

Academic staffs are required:

19.1. To treat students, academic staffs with respect;
19.2. To not allow personal relationships to affect professional relationships;
19.3. To ensure they do not engage in unlawful discrimination and harassment;
19.4. To ensure they do not engage in workplace bullying;
19.5. To act and communicate professionally and courteously with all students,
staffs;
19.6. To give due credit to the contributions of other staff, affiliates or students;
19.7. To refrain from acting in any way that would unfairly harm the reputation and
career prospects of other staff, affiliates or students; and
19.8. To considerthe desirability of intervening constructively where a colleague’s
behavior is clearly in breach of this Code.

Article 20

Occupational Health and Safety

Academic staffs are required:

20.1. To take reasonable care for the health safety and welfare of themselves, and
others in the University community.
20.2. To ensure they do not attend work or perform duties or functions for the
University while under the influence of alcohol or drugs.
20.3. To co-operate with the University to ensure compliance with all relevant
health and safety laws.

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 Article 21

Privacy Practice
Academic staffs are required:
21.1. To respect individuals’ rights to privacy and maintain the privacy and
confidentiality of information.
21.2. To take reasonable precautions to prevent unauthorized use or disclosure of
confidential or personal information

Article 22

Neutrality from Political Involvement

22.1. Any academic staff member may not use his position to promote his political
interest and thereby engage in discriminatory practices.
22.2. Without prejudice to the generality of Sub-Article (21) of this Article, it is
prohibited for any academic staff member to use his regular working hours
and positions for soliciting support or instigating opposition for or against any
political party or members thereof.

Article 23

Conflicts of Interest

23.1. Conflicts of interest may involve financial and non-financial issues, and are
assessed in terms of the likelihood that academic staff members possessing a
particular interest could be improperly influenced, or might appear to be
improperly influenced, in the performance of their duties. Therefore,
academic staffs are required:
a) To declare any actual, potential or perceived conflict of interest
between their personal interests or duties to other parties, and their
duties and obligations to the University;

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 b) To arrange their private affairs as far as reasonably possible to prevent
conflicts of interest arising, and to ensure that any conflict of interest
that does arise is noted and managed appropriately.
23.2. Where conflicts of interest could also arise:
a) Influencing the results of student grades because of a personal like or
dislike; In addition, staff members must not take advantage of the
intrinsic trust, power and status differential implicit in the teacher to
student relationship, and should avoid entering into an intimate personal
relationship with a student at the University;
b) Using University property or resources in developing one’s own business
or employment interests;
c) Influencing the appointment, non-appointment, promotion or non-
promotion of any individual, or the access by any individual to resources
(e.g. study leave) or other benefits of being a member of the University’s
staff because of a personal like or dislike;

23.3. Academic staff must promptly inform the person to whom they normally
report, verbally and in writing, if any conflict of interest arises or where they
are uncertain as to whether a particular situation gives rise to a conflict of
interest. The situation can then be managed in a transparent and professional
manner. Where a conflict of interest is notified the Department will need to
determine ways of dealing with the situation (e.g. not assessing a particular
student’s work).

Article 24

Outside Employment

24.1. The University encourages all academic staff in their contribution to society,
not only through teaching and research, but also by providing assistance to

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 government, the professions and business through a range of activities
including consulting work, contracting, collaborative research and
participation on committees.
24.2. The academic staffs as per the University senate legislation and the higher
education proclamation may perform outside work, however, such outside
work:
a) Does not compromise the staff member’sintegrity and independence;
b) Does not conflict with their University workor adversely affect their
University workperformance; anddoes not involve University time
orresources.
Article 25

Acceptance of Gifts and Benefits

25.1. Academic staff must not solicit gifts or benefits of significant value, nor accept
gifts or benefits either for themselves or for another person, which might in
any way, either directly or indirectly, compromise or influence them in their
official capacity.

Article 26

Extent of Liability
26.1. Academic staff shall be liable for the damage or loss of equipment and
materials provided to, him for the carrying out of his duties where such
damage or loss is caused by his negligence or intentional act.

Article 27

Breaches of the Code of Ethics

27.1. Where breaches of the Code occur, matters may be dealt with in accordance
with the disciplinary procedure.

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27.2. Contravention of the Code may involve simple or gravedisciplinary penalties,
depending upon the seriousness of the breach. Where the University has cause
to believe that conduct has been impacted or compromised by such actions or
behavior or that the Code has otherwise been breached, formal disciplinary
procedures will be invoked.

Article 28

Grave Disciplinary Offenses

28.1. Grave disciplinary offense is behavior which undermines the contractual
relationship between the University (employer) and the staff, and/or threatens
the well being of the University, or its staff members and students. The
following list, which is not exhaustive, provides examples of offences which
are normally regarded as grave disciplinary offenses;
a) theft or fraud
b) physical violence or bullying
c) deliberate and serious damage to University’s property
d) serious misuse of an University’s property or name
e) deliberately accessing internet sites containing pornographic, offensive
or obscene material
f) unlawful discrimination or harassment
g) bringing the University into serious disrepute
h) serious incapability at work brought on by alcohol or illegal drugs
i) causing loss, damage or injury through serious negligence
j) a serious breach of health and safety rules
k) a serious breach of confidence
l) Breach of the University’s Code or other policies or procedures
m) Damage to the University’s plant or property, whether deliberately or
through negligence

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 n) Using abusive or offensive language or behavior
o) Refusal or failure to obey a lawful and reasonable direction
p) Sleeping during working hours
q) Smoking in restricted areas (such as in class room, office etc)
r) Failure to comply with any health and safety policies, instructions or
guidelines for the workplace
s) Absence from work without good cause or failure without good reason to
promptly report an absence
t) Continued lateness or lack of application to assigned tasks
u) Repeated failure to perform work to the required standard
v) Accept or demand bribes
w) Commit an immoral act at the place of work
x) Abuse of power
y) Commit any breach of discipline of equal gravity with the offences
specified under this Article.

Article 29

Simple Disciplinary Offenses

29.1. The following list, which is not exhaustive, provides examples of offences
which are normally regarded as simple disciplinary offenses;
a) Refusing to comply with reasonable instructions from the Department
head/Dean
b) Unsatisfactory timekeeping
c) Unauthorized absence from work
d) Breach of confidentiality at work
e) Breach of University safety regulations
f) Breach of other University rules or regulations
g) Breach of any other condition of employment

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29.2. Though the Code sets out the obligations of academic staff, it is not possible,
however, to cover every circumstance and situation in the Code. If a
circumstance or situation arises which is not expressly covered in the Code,
individuals must apply the standards of the Code and not act in conflict with
it.

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 PART FOUR
DISCIPLINARY PROCEDUREAND MEASURES
Article 30
Objectives of Disciplinary Penalties
30.1. The objectives of disciplinary penalty shall be to rehabilitate a delinquent
academic staff when he can learn from his mistakes and become a reliable
academic staff or to discharge him when he becomes recalcitrant.

Article 31
Types and Classification of Disciplinary Penalties

31.1. Depending on the gravity of the offence, one of the following penalties maybe
imposed on an academic staff for breach of discipline:
A. Oral warning;
B. Written warning; ,
C. fine up to one month salary;
D. fine up to three month's salary;
E. down grading;
F. dismissal

Article 32
Simple Disciplinary penalties
32.1. The powers and responsibilities of taking disciplinary measures against an
academic staff who commits Simple disciplinary offenses shall be as follows:
a) Oralor/and Written warning by the department head;
b) Fine not exceeding one month's salary by the department head

32.2. Where the academic staff commits a simple disciplinary offense punishable
under Article 29of this Code, the particular Department head may, where he
deems it necessary, assign one or two staff members to conductan inquiry.

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32.3. The Department head shall send the charge to theaccused and request him to
reply in writing.
32.4. Where the academic staff denies the charge, the inquiry staff shall, after
examining the appropriateevidence, submit his recommendation to the
Department head.
32.5. The Department head shall, after examining the recommendation submitted
to him, decides the case; provided, however, that where the disciplinary
penalty to be imposed is beyond his authority, he shall submit his
recommendation to Faculty Disciplinary Committee (FDC).

Article 33
Grave Disciplinary Penalties
33.1. The Academic Core Process Vice-President, upon receiving reports of
investigation conducted in accordance with the Code, shall have the powers
and responsibilities to take disciplinary measures against an academic staff
who has committed grave disciplinary offense entailing fine not exceeding
three month's salary, down grading or dismissal depending on the severity of
the offense.
Article 34
Suspension from Duty
34.1. Academic staff may be suspended from duty by withholding his salary for a
period not exceeding one month if that course of action is necessary in the
interest of the service.
34.2. Academic staff shall be suspended if he is formally charged with a criminal or
disciplinary offence for which his dismissal is to be expected if it is proved
against him.
34.3. Where an academic staff is suspended in accordance with sub-Article 34.1of
this Article, he shall be notified, in writing, of the grounds of his suspension.
Where the address of the academic staff is unknown or it is otherwise

25
 impossible to hand the suspension order to him, it shall be posted on the
notice board of the University for ten days.
34.4. Unless a decision of dismissal is rendered against accused academic staff, the
salary withheld at the time of suspension shall be paid to him without interest.
34.5. The suspension of academic staff shall neither deprive him of his rights nor
relieve him from his duties which are not affected by the suspension

Article 35
Period of Limitation
35.1. Disciplinary measure shall not be taken against academic staffs who have
committed an offense grave disciplinary offenses simple disciplinary penalty
unless such measure is taken with six months from the time the breach of
discipline is known.
35.2. No disciplinary charge shall be brought against academic staffs who have
committed an offense entailing grave disciplinary penalty unless such
disciplinarycharge is brought within a year from the time the commission of
the offense is known,

Article 36
Formal Disciplinary Investigation
36.1. Where academic staff is charged with grave disciplinaryoffenses punishable
under Article328of this Code, the charge shall be investigated in
accordancewith the following provisions.
Article 37
Disciplinary Charges
37.1. A disciplinary charge shall contain the following:

a) The name and the Department of the academic staff;

b) Particulars of the offense;

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 c) The time and place of the offense;
d) The contravened provisions of the law; and
e) The list of evidence, it may be documents or witnesses

37.2. A disciplinary charge which leads to grave disciplinarypenalty shall be

submitted to the Faculty Disciplinary Committee (FDC)

Article 38
Discontinuance of Charge
38.1. Where the service of accused academic staff is terminated on any ground, the
hearing of the charge shall be discontinued.
38.2. Where the academic staff accused of grave disciplinary offense resigns and is
reappointed by any government office, the hearing of the charge shall resume.

Article 39
Service of Charge

39.1. The Faculty Disciplinary Committee (FDC) shall cause the charge to be served
on the accused together with copies of evidence attached therewith and
summon him to appear with his statement of defense.
39.2. The summons shall indicate the place, date and time of the hearing and shall
be served at least ten days before the date of the hearing.
39.3. Where the charge could not be served because the whereabouts of the accused
is unknown or he is unwilling to receive it, the summons shall be posted on
the notice board of the University for fifteen days.

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 Article 40
Preliminary Objection

40.1. The accused who has been served with a charge in accordance with Article 39
the Code, may raise objection to the hearing of the charge on the ground that:
a) It has been barred by limitation in accordance with the Proclamation; or
b) the alleged misconduct does not fall under disciplinary offense; or
c) A decision has previously been given on the same charge.
40.2. The Faculty Disciplinary Committee (FDC) shall:
a) Submit recommendation on the dismissal ofthe charge to the Academic
Core Process Vice-Presidentwhere it upholds the objection; or
b) Order the accused to submit his statementofdefense where it dismisses
the objection.

Article 41
Statement of Defense

41.1. Where the accused academic staff admits or denies a disciplinary charge, he
shall do so in writing and by specific admission or denial of every element of
the alleged offense.
41.2. Any statement of defense shall be signed by the accused or his duly
authorized representative and shall contain the following:
a) The response given to every alleged fact or offense in the charge; and
b) The list of evidence on which the accused relies for his defense.
41.3. The accused shall annex to his statement of defense copies of documentary
evidence in his possession and indicate the custodians of those documents he
wished to be produced at the request of the Faculty Disciplinary Committee
(FDC).
41.4. The Faculty Disciplinary Committee (FDC) shall require the concerned body
to produce copies of documentary evidence demanding by the accused.

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 Article 42

Admission or Denial of Charge

42.1. Where the accused admits the charge, the Faculty Disciplinary Committee
(FDC) shall,unless it finds it necessaryto make further investigations, examine
the chargeandthe statementsof the accusedand therebygive
itsrecommendation to the Academic Core Process Vice-President.
42.2. Where the accused, denies the charge, the Faculty Disciplinary Committee
(FDC) shall investigate the charge by hearing the testimony of witnesses of
both parties and by examining the documentary evidence.

Article 43

Summoning of Witnesses
43.1. The Faculty Disciplinary Committee (FDC) shall summon the witnesses of
both parties to give their testimonies.
43.2. Witnesses required to testify on the same or related issue shallbe summoned
to appear at the same time andbe heard separately.
43.3. TheFaculty Disciplinary Committee (FDC) shall question the witness to
explain facts related to the charge on the basis of what he has personally seen,
heard or observed and record his testimony in a form of direct speech.
43.4. The Faculty Disciplinary Committee (FDC) may, on its own motion, call any
additional witness where it deems it necessary.
43.5. Notwithstanding the provisions of Sub-Article 43.1of this Article,the party that
called the witness may further question him and demand the additional
testimony to be recorded.
43.6. Prosecution and defense witnesses may be cross-examined by the defendant
and accused respectively. Those additional witnesses called by the Faculty
Disciplinary Committee (FDC) may also be cross-examined by both parties.

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 Article 44

Report on Investigation
44.1. After the conclusion of the inquiry, the Faculty Disciplinary Committee (FDC)
shall immediately submit to the Academic Core Process Vice-President,a
report on the findings of the investigation and its recommendation.
44.2. Where the accused is found guilty at the conclusion of the investigation, the
recommendation of the Faculty Disciplinary Committee (FDC) shall indicate
the penalty to be imposed.
44.3. The Faculty Disciplinary Committee (FDC) shall, in recommendingthe
impositionof a penalty, take into consideration:
a) the gravityof the offenseandthecircumstancesunder whichit
wascommitted;
b) the commendableethical conduct and accomplishmentofthe
accusedmanifestedin his pastperformances;and
c) The past disciplinaryrecordsof the accused.
44.4. Where the accused is found not guilty at theconclusionof the investigation, he
shallbe providedwithaletterevidencinghis acquittal.

Article 45

Decision of the Academic Core Process Vice-President

45.1. The Academic Core Process Vice-President may, upon examining the report
submitted under Article 44 of the Code, approve the recommendation of the
Faculty Disciplinary Committee (FDC) or where he has good reasons:
a) Decide otherwise;or
b) Order the Faculty Disciplinary Committeeto further investigate thecharge.
45.2. The decision of the Academic Core Process Vice-President shall be
communicated to the accused in writing. Where it becomes impossible to
hand the decision to the accused either because his whereabouts is unknown

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 or due to any other reason it shall be posted on the notice board of the
University for ten days.
45.3. Where a disciplinary penalty involving fine, downgrading or dismissal is
imposed a copy of the decision shall be made to the University President,
Finance Head, and Human Resource Management and to the appropriate
Faculty and Department.

Article 46

Execution of Decision
46.1. Apenalty shall be enforced after 5 days from the date the decision is
communicated to the accused in accordance with Article 45 of this Code,
however, where the accused appeals against the decision in accordance with
Article 52of this Code, the execution of the decision shall stay until the appeal
is decided.

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 CHAPTER FIVE
DISCIPLINARY COMMITTEE
Article 47
Establishment of Faculty Disciplinary Committee (FDC)
47.1. Each faculty shall establish a
disciplinaryCommitteethatconductsformaldisciplinary investigation and
Submitsrecommendations
47.2. The committee shall have five members and a secretary
47.3. The chairperson, two of the members and the secretary of the committee shall
be assigned by the Academic Core Process Vice-President
47.4. Two members of the committee shall be elected by the academic staff of the
particular faculty
47.5. The FDC shall be accountable to the Academic Core Process Vice-President
47.6. The FDC shall investigate alleged violation of the Code which would normally
lead to sanctions up to dismissal. The committee shall impose sanctions
according to the provisions of the disciplinary procedure.

Article 48
Requirement for Membership
48.1. A member of the FDC shall be academic staff who:
a) Is commendable for his ethical conduct and performance;
b) Has no disciplinary record in the last two years;
c) Has more than two years of service in the University.

Article 49
Term of Office
49.1. The term of office of FDC members shall be two years provided, however, that
they may be reassigned or reelected at the end of their term of office.

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 Article 50
Meetings of the Committee
50.1. The FDC may meet as frequently as required for discharging its duties.
50.2. There shall be a quorum where the chairperson and two other members are
present at a meeting of the committee.
50.3. Any recommendation of the FDC shall be passed by a majority vote; in case of
a tie, theChairperson shall have a casting vote. A dissenting member shall
clearly write down the reasons thereof.
Article 51
Dismissal and Removal of Members FDC
51.1. Any member of the FDC who has been proved to have a quarrel with the
accused or to be related to him by consanguinity or by affinity shall be
removed from the sessions on which the charge against the accused is heard.
51.2. Any member of the FDC may be dismissed from membership where he has:
a) Disclosed secrets involving cases under investigation;
b) Obstructed in any manner the activities of the committee; or
c) Failed to meet the requirements specified under Article 48of this Code.

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 CHAPTER SIX

APPEAL AND ITS PROCEEDING

Article 52

Right to Appeal

52.1. Academic staff shall have the right to appeal to the Appellate Board for redress
if he has been aggrievedof being denied a right or unfairly treated by the
department head or against a sanction imposed or a decision reached by the
FDC.
52.2. Appeals shall be made to the University President within fifteen (15) workdays
of the complainant’s receipt of the decision rendered by the FDC or
Department Head. The appeal shall be in writing, stating the ground/s for the
appeal.
52.3. The University President shall refer the matter to the Appellate Board
52.4. Notwithstanding sub article 52.3of this article, an appeal against the sanction
of dismissal shall be referred to the Senate of the University.

Article 53

Grounds for Appeal

53.1. Appeal must be made only on the following basis:

a) To determine whether the original hearing was conducted fairly in light of

the charges and presented evidence, and in conformity with prescribed
procedures;
b) To determine whether the decision reached was based on sufficient
information to establish that a violation occurred;
c) To determine whether the sanction/s were appropriate for the violation of
the Code that, the academic staff was found to have committed;

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 d) To consider new evidence, sufficient to alter a decision, or whether
relevant facts were brought out in the original hearing, because such
evidence and/or facts were not known to the person appealing at the time
of the original hearing;
e) A new evidence may be a ground of appeal and presented before the
appellate board only if;
I. It is decisive to alter the previous decision that had been reached by
the committee; andIf it was not within the knowledge of the
appellant after exercising due diligence

Article 54

Requesting a copy of FDC decision

54.1. Where the academic staff appeals in accordance with Article 52 of thisCode
against a decision based on the recommendation of the FDC or department
head, he may submit a request to provide him a copy of the decision.
54.2. The FDC or department head shall give to the complainantthe requested copy
within five working days from the date of receipt of the request.

Article 55

Period of limitation
55.1. Any appeal to be made in accordance with Article 52 of this Code shall be
barred unless submitted within 30 days from the date the decision is
communicated to the complainant.

Article 56

Memorandum of Appeal
56.1. A memorandum of appeal shall be signed by the appellant and contain the
following:
a) The name and the Department of the appellant;

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 b) The name of the respondent;
c) The grounds of appeal;
d) The redress sought;
e) The list of evidence attached.

Article 57

Rejection of Appeal
57.1. Where the Appellate Board upon examining the memorandum of appeal finds
it that the ground of appeal does not fall within the coverage of Article 63of
the Code, it shall reject the appeal without calling the respondent to appear.

Article 58

Admission of Appeal
58.1. Where the Appellate Board upon examining the memorandum of appeal is
satisfied withthe ground of appeal, it shall fix a day for hearing the appeal and
communicate same to both parties.
58.2. A copy of thememorandumof appeal shallbe servedon the respondentand it
shallbe summonedto appearandreply in writingon the dayfixed for the
hearing.

Article 59

Presence of Parties
59.1. The Appellate Board shall hear the appeal in the presence of the parties.
59.2. Notwithstanding the this provision:
a) The hearing of the appeal shall proceed in the absence of the respondent if
it fails to appear on the day of the hearing;
b) The appeal shall be struck out if the appellant fails to appear on the day of
the hearing.

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59.3. The respondent may, where it is unable to appear at a hearing on justifiable
grounds, apply to the Appellate Board to set aside an order or a decision given
in its absence within ten days from the date it became aware of the order of
decision.
59.4. The appellant may, where he is unable to appear to a hearing on justifiable
grounds, apply to the Appellate Board, within ten days from the elimination of
such grounds, to restore the appeal.

Article 60

Preliminary Objection
60.1. The respondent may submit a preliminary objection requesting the Appellate
Board to reject the appeal on any of the following grounds:
a) Where the case is not appealable in accordance with Article 63 of the Code;
b) Where the appeal is filed out of time in accordance with Article 55 of this
Code;
c) Where the case has previously been rejected or decided by the Appellate
Board.
60.2. Before proceeding with the hearing of the appeal, the Appellate Board shall
decide on the preliminary objection.
60.3. No preliminary objection may be admitted after the commencement of the
hearing of the appeal.

Article 61

Withdrawal of Appeal
61.1. The appellant may, at any time before judgment, withdraw his appeal by
notifying the Appellate Board in writing.
61.2. An appellant who has withdrawn an appeal shall be precluded from lodging a
fresh appeal in respect of the same cause of action.

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PART SEVEN

ACADEMIC STAFF APPELLATE BOARD

Article 62

Establishment of Academic Staff Appellate Board (ASAB)

62.1. An Appellate Board which hears and decides appeals brought by academic
staff is hereby established.
a) The Board shall have five members and a secretary.
b) The chairperson, two of the members and the secretary of the Board shall
be assigned by the University President
c) Two members of the Board shall be elected by the Academic Core Process
Vice-President
d) The ASDB shall be accountable to the University President

Article 63

Jurisdiction of the Appellate Board

63.1. The Appellate Board shall have the power to hear and decide on appealcases
which have been heard and decided by FDC or else, but the decisions of which
have not been accepted by the respondents or the complainants; including
a) Unlawful downgrading or dismissal of work
b) being penalized by rigorous disciplinary penalty
c) an illegal attachment or deduction of his salary or other payments
d) Infringement of his rights arising from an employment injury.

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 Article 64

Judgment
64.1. The Appellate Board shall give its judgment upon examining the pleadings
and evidence of the parties and considering the relevant laws, regulations and
directives.
64.2. 'The Appellate Board may affirm or reverse the decision FDC or else, or give
judgment in favor of or against the appellant by upholding his claim wholly or
partially or by rejecting the claim.
50.4. Any judgment of the Appellate Board shall be passed by a majority vote; in
case of a tie, the Chairperson shall have a casting vote. A dissenting member
shall clearly write down the reasons thereof.Copies of the decision shall be
given to both parties.
64.3. The decision of the Appellate Board onquestion of facts shall be final;
however,anyone of the parties may appeal to Federal Regular Court on
question of law within 30 daysfrom the date of the decision of the Board.

Article 65

Execution of Decision
65.1. Where the Appellate Board gives judgment in favor of the appellant, the
respondent or any concerned body shall immediately execute the decision.
65.2. Where the beneficiary of a decision pleaded that the decision of the Appellate
Board given in accordance with Article 64 of this Code is not executed within
15 days, the Appellate Board shall refer the decision to the Federal First
Instance Court for its enforcement.
65.3. The concerned official who failed to execute the decisionof the Appellate
Board shall be liable for the damage sustained by the academic staff.

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PART EIGHT
MISCELLANEOUS PROVISIONS

Article 66

Contradictory Provision
66.1. No regulation, directive or practice shall, in so far as it is inconsistent with the
Code, be applicablein respectof mattersprovided for therein.

Article 67

Power of Revision

67.1. The Code may be revised any time under the direction of the University
Presidents and shall be reviewed every three years. The changes made to this
document shall be approved by the University Senate and notified to the
University community.

Article 68

Effective Date

68.1. This Code of Ethics and Disciplinary Procedureshall come into force on the
date of the approval of the University Senate.

Done at Samara, 3rd day of August, 2012

______________________________

MOHAMMED USMAN

PRESIDENT OF SAMARA UNIVERSITY

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