3. 1. “Federal Civil Servants Proclamation
No.1064/2017”.
2. ''Federal Civil Servants Disciplinary and
Grievance Procedure Council of Ministers
Regulations No. 77/2002".
3. "Higher Education Proclamation No.
1152/2011.“
4. Bahir Dar University Senate Legislation,
May 2019
5. የከፍተኛ ት/ት ተቋማት ተማሪዎች የዲስፕሊን
4. Art 78. Category of Staff
The University shall have:
1. Academic Staff ;
2.Technical Support Staff;
3. Administrative Support Staff;
4. Professionals in teaching hospitals;
5. 1. Rules on disciplinary matters of
technical and administrative support
staff
2. Rules on disciplinary matters of
academic staff
3. Rules on disciplinary matters of
students
31. 1. Measures to be taken for Minor disciplinary
breaches:
1. a) Oral warning (in written)
2. a) written warning
3. b) Fine up to one months‟ salary
2. Measures to be taken for serious disciplinary
breaches
1. a) Fine up to three months salary
2. b) Down grading up to the period of two years
3. c) Dismissal
32. What are Minor Disciplinary Offenses? Art 131. SL
The Following, provided not committed repeatedly
1. Unpunctuality to any of duties/responsibilities to be
discharged in the University.
2. Dressing clothes below the standard, standards set by
the university, of an instructor and inappropriate clothing
which does not go with the profession of teaching.
3. Failure to give the appropriate responses to any requests
presented by the concerned body of the University.
4. Negligence of responsibilities and duties.
33. Art 132. Serious Disciplinary Breaches orViolations
1. Repeated and willful unpunctuality, despite warning, to any of
duties/responsibilities to be discharged in the University.
2. Repeated and willful refusal, despite warning from, to perform assigned
teaching, research and/or community service functions
3. Repeated and willful failure, despite warning, to perform the obligations
stipulated in one's contract of employment with the University and/or any
one or all of the duties and responsibilities specified under the provisions
of this Legislation.
4. Continuation of a willful course of conduct, despite warning, that
demonstrates open disloyalty to and disrespect of the University or causes
unjustified embarrassment to the University and harm to its programs.
5. Conviction of a serious crime or commission of other acts of misconduct
that clearly reflect immorality or dishonesty in relation to ones academic
tasks and responsibilities.
34. 6. Continuation of a willful course of conduct, despite warning, that
demonstrate neglect of duties or similar breaches of social decorum(good
behaviour) that produce serious embarrassment to the University .
7. Repeated failure to prepare and submit course guidebooks, cover course
contents, provide appropriate assessments and feedback, and submit
grades on time according to the schedule produced and distributed by the
concerned body
8. Favoritism in grading, sexual harassment, molestations, physical
violence, incitements of riots & ethnic clashes, theft or breach of trust,
abuse of power and accepting bribes.
9. Abuse of position and/or authority in the University in clear violation of
the professional ethics and principles governing the academic profession
and/or the profession of the staff concerned.
10. Repeated negligence of responsibilities and duties;
35. 1.required to be a scholar with full
devotion to the advancement of the
frontiers of knowledge
2. Every academic staff shall carry out his
functions in the best interest of the
University and that of the country having
due regard to his profession.
3. Every academic staff shall teach
courses in his area of specialization
following
36. 4. endeavor to stay abreast of the latest thinking in his area of
specialization and shall periodically update his teaching material
5. Every academic staff shall encourage, guide and permit students to
freely and rationally question and examine issues and various lines of
thoughts in the course of their study;
6. Every academic staff shall inform the course chair or department head
or vice Dean, or Dean well in advance if and when he cannot be available
for teaching due to his involvement in a recognized or relevant fieldwork,
seminar, workshop, etc;
7. Every academic staff shall conduct classes regularly and never miss
classes except for force majeure reasons which are immediately
communicated to the nearest supervisor or head or Dean of his AU;
8. Every academic staff shall give make-up classes for all the classes he
missed due to his involvement in a field work, seminar, workshop or any
other activity recognized by his academic unit. However, such make up
classes should not exceed 25% of the course unless approved by AVP;
37. 9. No academic staff shall handover the course that he has
been assigned to teach ---without the approval of the
course chair;
10. Every academic staff shall refrain from any act of
discrimination against any individual or group
11. Every academic staff shall develop relationship of
mutual respect and trust with students and members of his
academic units and department;
12. Every academic staff may be assigned to various
positions of responsibilities.
13. Every academic staff member shall have other
responsibilities provided under Art 32 of the Higher
Education Proclamation.
38. 14. Academic staffs who are medical and health
professionals shall have also the responsibility to
render health services in the University's teaching
hospital.
15. Every academic staff shall refrain from unlawful
acts that adversely affect the teaching learning as well
as other activities of the University.
16. A teaching staff member with academic rank of
Assistant Professor and above shall publish at least two
articles per four academic years and present one
seminar/conference at AU, University or national level
per academic year. However research staff shall publish
at least six articles per four academic years.
39. 17. A staff member with academic rank of Lecturer shall
publish at least one article per four academic years and shall
present at least one seminar at AU or University level per
academic year.
18. During the official working hours, an academic staff
shall give full energy and attention, to the best of his ability,
to the job to which he is assigned..
19. No academic staff shall undertake any outside activity,
which may tend to impair his usefulness to the University or
conflict with his duties.
20. More rules on Code of Conduct which every academic
staff shall be subject to may be prepaired, and approved by
the Senate.
40. Who can take Disciplinary Action???
Art 134. Department Heads and Deans
Art 135. Disciplinary Actions by the
AcademicVice President
Art 136. Academic Staff Disciplinary
Committee (ASDC)
42. 1. for non-serious
disciplinary breaches
2. serious breach of duty
a. Reprimand
b.Written Warning
c. Fine not exceeding one
months‟ salary upon the
recommendation of the ASDC
and approval of the AC.
appeal to the AVP within two
weeks time possible.
suspend a staff member from
duty
forthwith submit the case for
ASDC for disciplinary actions.
43. Art 136. Academic Staff DisciplinaryCommittee (ASDC)
EachAU of the University shall have Academic Staff Disciplinary
Committee (ASDC)
Who are they?
How many?
Who can be a member?
When do we need them? (only for serious disciplinary breaches? No.)
Can they decide or just propose?
What penalty can they propose?
44. Art.136 (9) SL. The university shall establish rules
of procedures for ASDC/AC in line with the Law of
the Land, this legislation and accepted norms of
fairness and equity.
Do you know any rule to that effect?
If not, what rules of procedure shall we use?
45. 1. የዲሲፕሊን ክስ የሚያቀርበው ማን ነው? SL Art.136 (6) Who can sue before ASDC? may be
initiated by: Art. 136(6)
a. the Dean;
b. an aggrieved academic staff
c. Customers, colleagues, students and/or any other officer of the University
1. የዲሲፕሊን ክስ ይዘት ምን መምሰል አለበት? SL Art.136 (5)
Art. 136(5) – The charge-A complaint for initiation of disciplinary proceeding shall be made in
writing including the name of the accused, particulars of the offense, the time and place of
the offense, list of the evidences and contravened provisions of the law and shall be
checked by the person complaining.
1. የድስፕሊን ምርመራ ምን አይነት የስነ-ስርአት ሂደቶችን መከተል አለበት?
2. የክስ መጥሪያ ለተከሳሽ- የድስፕሊን ኮሚቴው ያደርሰዋል፣
ክሱን ግልባጭ
ቦታ፣ ቀን፣ እና ሰአት
ቢያንስ ከ10 ቀን ያላነሰ ጊዜ ይሰጠዋል
ካልተገኘስ?
3. ተከሳሽ በቀጠሮው ቀን የመጀመሪያ መቃዎሚያ ካለው ያቀርባል?
48. ስንት አይነት የቅጣት አማራጭ አላቸው? 3 or 4? Ans. 4 Art. 133
1. for Minor disciplinary breaches: -
1. Fine up to one months‟ salary
2.-for serious disciplinary breaches
1. a) Fine up to three months salary
2. b) Down grading up to the period of two years
3. c) Dismissal
10. የሚገባውን ቅጣት እንደት ይወስኑት? ከግምት ውስጥ የሚገቡ
ሁኔታውች፣
1. የጥፋቱን ክብደት እና የተፈጸመበት ሁኔታ
2. የበፊት መልካም ስነምግባር ና አጥጋቢ የስራ አፈጻጸም
3. ተክሳሹ የበፊት ጥፋት ሪከርድ
49. for serious disciplinary
breaches
Based on recommendations of
ASDC and approval of same by
AC
11. Academic Vice President
ደንብ ቁ.77/94 አ.ቁ . 20/)ን መከተል
1. ማጽደቅ
2. በቂ ምክንያት ካለው ሌላ ውሳኔ
ማስተላለፍ
3. በቂ ምክንያት መልሶ ኮሚቴው
እንዳየው ማድረግ
1. Postponement of the next
salary increment for a period
not exceeding two years; or
2. Postponement of the next
academic rank for a period not
exceeding two years; or
3. Denying scholarship
opportunities for a period not
exceeding two years; or
4. Fine up to three months
salary
5. Down grading up to the
period of two years
6. Dismissal.
50. A Right of Appeal?
To whom?
Within what time?
Where the litigation should end?
51. Art 138. Right of Appeal
1. An academic staff member who is dissatisfied with the findings and
recommendations of the ASDC or who is aggrieved with the measure taken against
him by the Dean may appeal to the Vice President for Academic Affairs. The
decision of the Vice President in this regard shall be final. (within two weeks
time. Art 134(4))
2. An academic staff member who is aggrieved with the measure taken against him
by the Academic Vice President under Art 135 may appeal to the President within
two weeks‟ time since he received a written notification of the decision.
3. An aggrieved academic staff may take his appeal to the next body as provided
hereinabove within three months since he received a written notification of the
decision. Failure to lodge within this period of time raises an irrefutable presumption
of waiver of the right of appeal unless compelling reasons exist.
53. PART III: DISCIPLINARY MATTERS OF STUDENTS
Relevant laws/rules
1. Higher Education Proclamation No.
1152/2011.
2. Bahir Dar University Senate Legislation,
May 2019: Arts 227-229.
3. የከፍተኛ ት/ት ተቋማት ተማሪዎች የዲስፕሊን
መመሪያ ቁጥር ሳከትሚ/002/2012‘
55. የዲስፕሊን መመሪያ ቁጥር ሳከትሚ/002/2012‘
1. የድስፕሊን መመሪያ ተፈጻሚነት ወሰን? በተማሪዎች ላይ
ተማሪ ማን ነው?
1. በመደበኛ ወይም መደበኛ ባልሆኑ ፕሮግራሞች ተመዝግቦ የሚማር
ወይም
2. አጭር ስልጠና በመውሰድ ላይ ያለ
3. እጩ ተመራቂዎችን ጨምሮ(የምረቃ ፕሮግራም እስኪከናዎን እና የት/ት
ማስረጃ ተሰጥቶት እስኪወጥጣ).
Art. 227(2) SL- Limits of Jurisdiction እና መመሪያ 002/2012 አ.ቁ.
10(1)
If they affect other members of the University Community.
acts committed off University premises and not connected with any
University sponsored or supervised activity shall not constitute a ground for
disciplinary action.
69. ቁ.45 ጥፋቱ ሪከርድ በተያዘበት ወቅት ሲደገም
(የውሳኔ ጊዜ ሳያበቃቅ.48 መሰረት)-
. Recidicism/ not just reoffending but time of
reoffending matters
...will take the penalty even out of the range.
1. አነስተኛ +አንስተኛ=እስከ 1 ወሰነ ት/ት
2. ቀላል +አነስተኛ=ከ1-2 አመት ማገድ
3. ቀላል +መካከለኛ/ከፍተኛ=ማሰናበት
4. መካከለኛ/ከፍተኛ+ማንኛውም=ማሰናበት
"academic staff" means members of an institution employed in the capacity of teaching and/or research, and any other professional of the institution who shall be recognized so by senate statutes;
"administrative support staff" means personnel of an institution employed to provide administrative, business management, accounting, catering, maintenance, safety, security and such other services;
"technical staff" means non-administrative personnel employed to support the teaching learning and research processes and non-academic professional medical personnel employed in a teaching hospital;
32. Responsibilities of Academic Staff
1/ Every academic staff member of an institution shall have the responsibilities to:
a) teach, including assisting students in need of special support, and render academic guidance or counseling and community services;
b) undertake problem-solving studies and researches and transfer knowledge and skills, in the specific area of self-competence and professional position, that are beneficial to the country; or at least ensure that own teaching is research and study-based and continuously updated;
c) participate in curriculum development, review, and enhancement; and the required professional standard in curriculum delivery, student assessment, grading, counseling, and management of student complaints and grievances, and in professional ethical standards in general;
d) uphold, respect and practice the objectives of higher education and the guiding values of the institution; and exercise academic freedom with professionalism and consistent with the applicable provisions of this Proclamation;
e) counsel, assist and support students in acquainting themselves with the mission and guiding values of the institution as well as with the objectives of higher education;
f) devote his full working time to the institution;
g) refrain from imposing his political views and religious beliefs on his students during teaching-learning process;
h) treat and interact with members of the institution's community by refraining from acts that are contrary to rights enshrined in the Constitution;
i) perform other additional responsibilities that may be provided for by the senate statutes, establishing legislation, ormemorandum of association of theinstitution;
j) without prejudice to the provisions of this Proclamation pertaining to joint appointment, devote his full energy, working time and attention to the institution.
2/ Academic staff who are medical and health professionals shall have also the responsibility to render health services in the institution's teaching hospital.
3/ Institutions shall draw up, through participation of the academic staff, and implement rules and procedures of discipline of academic staff which shall be consistent with the provisions of this Article and other relevant provisions of this Proclamation.
4/ Every institution shall formulate and implement the rules and procedures of discipline referred to in sub-article (3) of this Article within 300 days from the effective date of this Proclamation or, in case of a new institution, within 300 days from the date of its establishment.
Art 136. Academic Staff Disciplinary Committee (ASDC)
1. Each AU of the University shall have Academic Staff Disciplinary Committee (ASDC) which is accountable to the respective Academic Council.
2. The ASDC shall be chaired by senior Academic Staff member to be elected by the academic council of the AU and shall have no less than three and no more than five.
3. ASDC shall serve for a period of two years.
4. The ASDC shall be responsible for the hearing and investigation of any disciplinary breach or violation by an academic staff member.
5. A complaint for initiation of disciplinary proceeding shall be made in writing including the name of the accused, particulars of the offense, the time and place of the offense, list of the evidences and contravened provisions of the law and shall be checked by the person complaining.
6. Proceedings before the ASDC may be initiated by:
a. the Dean;
b. an aggrieved academic staff ; and
2019 Senate Legislation of BDU 105
c. Customers, colleagues, students and/or any other officer of the University who have sufficient reason to believe that a staff member is responsible for disciplinary breach or violation.
7. The ASDC shall submit its factual findings to the respective Academic Council and when applicable, recommend measure(s) that should be taken against the staff member proved AU of serious or non-serious disciplinary breach or violation.
8. In its findings and recommendations, the ASDC may:
a. Free the staff member of any allegation for the action complained of, or
b. Recommend any other measure which is specified under this Legislation.
9. The university shall establish rules of procedures for ASDC/AC in line with the Law of the Land, this legislation and accepted norms of fairness and equity.
Art 136. Academic Staff Disciplinary Committee (ASDC)
1. Each AU of the University shall have Academic Staff Disciplinary Committee (ASDC) which is accountable to the respective Academic Council.
2. The ASDC shall be chaired by senior Academic Staff member to be elected by the academic council of the AU and shall have no less than three and no more than five.
3. ASDC shall serve for a period of two years.
4. The ASDC shall be responsible for the hearing and investigation of any disciplinary breach or violation by an academic staff member.
5. A complaint for initiation of disciplinary proceeding shall be made in writing including the name of the accused, particulars of the offense, the time and place of the offense, list of the evidences and contravened provisions of the law and shall be checked by the person complaining.
Art. 136(5)
5. A complaint for initiation of disciplinary proceeding shall be made in writing including the name of the accused, particulars of the offense, the time and place of the offense, list of the evidences and contravened provisions of the law and shall be checked by the person complaining.
Art. 227(2) SL- Limits of Jurisdiction እና መመሪያ 002/2012 አ.ቁ. 10(1)
The University has no desire to regulate the lives of its students except in so far as they affect other members of the University Community. Therefore, except when a student is convicted by a competent court of a criminal offense which clearly demonstrates that he is unfit to be a member of an academic community, acts committed off University premises and not connected with any University sponsored or supervised activity shall not constitute a ground for disciplinary action.