Is it legal to expel students for citizenship and what to do if this happens

Constitution guaranteesConstitution of the Russian Federation freedom of speech and thought for everyone, but the heads of educational institutions sometimes disagree with this. A student can be expelled for various reasons - both because of participation in an unauthorized rally, and because of statements on social networks. For example, a fourth-year student of the University of Civil Aviation was overtaken by because of the commentAfter a commentary on Fontanka, a student was expelled from the University of Civil Aviation / Fontankahinting at corruption in the university. A HSE student was expelled from the military department per postThe HSE Commission recommended that a student who asked not to be congratulated on February 23 be expelled from the military department / Takie Dela with a request not to congratulate him on February 23, because he "is not going to become protector». Such decisions sound strange and cast doubt on their legitimacy. Let's figure it out.

How universities explain deductions

To understand whether this or that action is legal, you need to familiarize yourself with the texts of regulatory documents. We have already decided on constitutional rights. The Law on Education also promisesFederal Law of December 29, 2012 No. 273‑FZ “On Education in the Russian Federation” "academic rights to freedom of conscience, information, free expression of one's own views and beliefs." However, the same document states that for violation of the charter, internal regulations and other local regulations, disciplinary measures may be applied to the student. This remark, reprimand, expulsion from the organization is at the choice of the disciplinary commission or other similar body, depending on the severity of the misconduct and related factors.

And this refers us to the internal documents of the educational institution, and everyone has their own. So it’s worth studying the charter and internal regulations of your university in order to understand what they can deductTime of responsibility / SPbGPMU.

Officially, educational institutions usually expel students for violating local regulations, and not for expressing an opinion.

Another thing is that the wording in these documents is usually rather vague. For example, the charter of St. Petersburg State University states that a student can deductDecree of December 31, 2010 No. 1241 "On approval of the charter of the federal state budgetary educational institution of higher education "St. Petersburg State university"" "for non-fulfillment of duties stipulated by the internal regulations." And the rules themselves contain little specifics, they have rather general requirements that can be interpreted in different ways. Yes, student mustOrder dated August 31, 2013 "On Approval of the Internal Regulations for St Petersburg University Students" "follow the moral and cultural traditions and spiritual values ​​of the university, generally accepted moral and ethical standards."

And in such cases, a situation may arise approximately as with dismissal of teachers for an immoral act: nowhere is it regulated what act is considered immoral. So everything is left to the discretion of the punishers. And the same St. Petersburg State University, for example, excludes students quite activeAnother 22 St Petersburg University students face expulsion due to participation in anti-war actions / Kommersant.

Is this deduction legal?

Even if the charter spells out some obligations for students, such as “do not commit offenses” (and on participant of an uncoordinated action can draw up a protocol), the legality of deductions still remain questions.

In particular, local acts concern educational activitiesFederal Law of December 29, 2012 No. 273‑FZ “On Education in the Russian Federation”. And they express their opinion in an inappropriate way for the university and “rock the boat” usually in their free time and not on the territory of the institution.

In addition, there are questions about the choice of the type of collection. The university could have reprimanded or reprimanded, but they preferred expulsion. At the same time, it is doubtful that the same punishment is applied to every student-violator - for example, ignoring the rules traffic. And this is also an administrative protocol. So there is an obvious bias here.

What to do if a student is illegally expelled

The first thing to do is try to avoid the exception. To do this, you need to study the procedure for issuing a disciplinary sanction. Usually it is specified by a local document. But you can navigate by an order of magnitudeOrder of the Ministry of Education and Science dated March 15, 2013 No. 185 “On Approval of the Procedure for Applying to Students and Removing Disciplinary Measures from Students”approved by the Ministry of Education and Science.

Before issuing a penalty, the educational institution must require a written explanation from the student. It should be used to explain that you did nothing wrong and to list your merits before university. For example, indicate that you expressed your opinion in a peaceful way, study for one five, head the student council. By the way, about the student council: it happens that the disciplinary commission takes into account the opinions of student associations. Therefore, it is also worth asking for help there.

It is also important to observe the deadlines: a disciplinary sanction is applied no later than one month from the day the misconduct was discovered and no later than six months from the date it was committed.

If all else fails, the university management should issue an expulsion order. Within three days, the document must be brought to the student under the signature, and he should be given a copy.

In this case, it happens that the student is not asked for explanations and is not given the required documents. Therefore, he cannot go to court. So it's important to get your papers if you're going to fight for Justice. It is also worth recording conversations with threats and reproaches in the wrong opinion on the recorder.

As for the prospects for litigation, there is not much practice. Although some conclusions can be drawn. For example, a student of Astrakhan State University, expelled for participating in a rally, not restoredThe court recognized the exclusive right of the rector / Kommersant. And the court considered the expulsion of a student for a drunken brawl in a hostel illegalStudent who was expelled after a drunken party in Peterhof was reinstated at St. Petersburg State University / MK. If there is a resource, try it.

Before that, it makes sense to contact the university's dispute settlement committee, if it exists. This body is made up of students, half of the employees of the institution. If these are not the most loyal people to the administration, perhaps they will stand up for you. Try also to write to Rosobrnadzor.

Natalya Kopylova