Request for Annulment of the Disciplinary Investigation Decision and Suspension of Execution

TO THE DUTY ADMINISTRATIVE COURT
OF ANKARA

PLAINTIFF:
Name and Surname – (Turkish Republic Identity Number: …)
Address: …

DEFENDANT:

1. ... University Rectorate
2. Council of Higher Education (YÖK)

SUBJECT:
Request for annulment and suspension of execution of the disciplinary penalty imposed by the High Disciplinary Board's decision dated …/…/… and numbered …

DATE OF RECEIPT:
…/…/…

EXPLANATIONS:

1. The disciplinary investigation conducted against my client was concluded in violation of procedure and law, and the penalties imposed are based on unfounded allegations. He was initially proposed for disciplinary action on the grounds that he had plagiarized in the work titled "...", and ultimately given a penalty of "Deserved Resignation from his/her Position".
2. The disciplinary investigation process was hastily completed without sufficient research and evidence gathering. However, for a plagiarism allegation to be valid, the work must be knowingly and intentionally claimed as one's own. My client stated that the articles he submitted contained complete citations and bibliographic information , and proved with documents that this situation occurred as a result of an inadvertent error by the publishing house
3. The publisher's responsibility is clearly evident. Drafts that we sent as information notes were mistakenly included in the published work as our client's article. This error was reported to the Council of Higher Education and the university with a correction notice dated …/…/… received from the Istanbul … Notary Public (Appendix-1). This notice emphasizes that the editor also explicitly acknowledged the inadvertent error.
4. Furthermore, the testimonies of the witnesses heard during the disciplinary investigation were not given sufficient consideration. Witness ... stated in his testimony that this was a technical error and that it was not an intentional act on the part of the client (Appendix-2). However, the investigator disregarded these statements and proposed the punishment without fully evaluating the client's defense.
5. Given the client's academic background, it is clear that there is no need for him to commit an act such as plagiarism. The client is a respected academician both nationally and internationally. Known for his scientific work for many years, he has given lectures at various universities, won awards, and earned recognition for his academic discipline. It is inconceivable that such a person would intentionally commit an act that would jeopardize his academic career.
6. The decision of the High Disciplinary Board is clearly unlawful in terms of both authority and procedure. The university administration did not conduct the investigation in accordance with proper procedure and prepared a biased report by inadequately examining the witnesses' statements. However, conducting the investigation objectively and fairly is a requirement of public service.

LEGAL GROUNDS:

The Constitution, Law No. 2577 on Administrative Procedure, Law No. 2547 on Higher Education, the Disciplinary Regulations of Higher Education Institutions, and related legislation.

EVIDENCE:

1. Example of a decision from the YÖK Disciplinary Board
2. Notary correction notice,
3. Article and book content,
4. Witness statements and other relevant documents.

CONCLUSION AND REQUEST:

For the reasons explained above,

1. The lawsuit concerns the suspension of the execution of the disciplinary penalty in question .
2. The decision of the High Disciplinary Board dated …/…/… and numbered … is hereby annulled,
3. The trial shall be conducted in a hearing format , and witnesses shall be heard if necessary.
4. I respectfully request and demand that the court order the defendants to pay the court costs and attorney fees.

…/…/…
Plaintiff's
Name and Surname
Signature