MARMARA UNIVERSITY FACULTY OF COMMUNICATION

Legislation Relating to Ethical Principles and Rules

GENERAL LEGISLATION

1- Constitution

- Civil servants and other public officials are obliged to act in accordance with the Constitution and laws (Article 129/1),

ARTICLE 129- Civil servants and other public officials are obliged to act in accordance with the Constitution and laws.

- Unlawful Order (Article 137).

ARTICLE 137- If a person working in public services in any capacity and manner finds an order received from a superior to the provisions of a regulation, statute, law or the Constitution, he/she shall not carry it out and shall report this violation to the person giving the order. However, if the superior insists on his/her order and renews this order in writing, the order shall be carried out; in this case, the person carrying out the order shall not be held responsible. An order constituting a crime shall not be carried out under any circumstances; No one who fulfills this duty shall be exempt from responsibility. The exceptions specified by law for the performance of military services and the protection of public order and public security in urgent cases are reserved.

2- Relevant provisions of the Civil Servants Law No. 657

- Merit (Art. 3)

Merit: C) To base the entry into the state public service positions, advancement and promotion within classes, and termination of duty on the merit system and to ensure that civil servants have security in the application of this system with equal opportunities.

- Loyalty (Art. 6)

Loyalty: Article 6 – (Amended: 12/5/1982 - 2670/1 art.) Civil servants are obliged to remain loyal to the Constitution and laws of the Republic of Turkey and to implement the laws of the Republic of Turkey in the service of the nation. Civil servants shall state this matter by taking an oath in the presence of authorized superiors at a ceremony to be organized by their institutions within one month at the latest after being appointed to a "Principal Civil Servant" and shall begin their duties by signing the following "Oath Document" to be placed in their personnel files.

I shall remain loyal to the Constitution of the Republic of Turkey, Atatürk's Revolutions and Principles, and Turkish Nationalism expressed in the Constitution; I shall implement the laws of the Republic of Turkey in the service of the nation, adhering to the principles of impartiality and equality; I shall work to adopt, protect and develop the national, moral, human, spiritual and cultural values ​​of the Turkish Nation; I swear on my honor and dignity that I will act in accordance with my duties and responsibilities towards the Republic of Turkey, which is a national, democratic, secular, and constitutional state based on human rights and the fundamental principles of the Constitution.

- Impartiality and Loyalty to the State (Art. 7)

Impartiality and Loyalty to the State: Article 7 – (Amended: 12/5/1982 - 2670/2 Art.) Civil servants cannot be members of political parties, cannot engage in behavior that targets the benefit or harm of any political party, person or group; cannot discriminate based on language, race, gender, political thought, philosophical belief, religion or sect while performing their duties; cannot make statements or actions with political and ideological purposes in any way and cannot participate in such actions.

Civil servants are obliged to protect the interests of the State in all circumstances. They cannot engage in any activity that violates the Constitution and laws of the Republic of Turkey, undermines the independence and integrity of the country, or endangers the security of the Republic of Turkey. They cannot participate in or assist any movement, grouping, organization or association that operates in the same manner,

- Appropriate Behavior and Cooperation (Art. 8-9)

Behavior and cooperation: Article 8 – Civil servants must demonstrate through their behavior inside and outside of service that they are worthy of the reputation and trust required by their official positions. It is essential for civil servants to work in cooperation.

Behavior abroad: Article 9 – Civil servants who are in foreign countries on permanent or temporary assignments or for training, examination and research cannot engage in acts and behaviors that damage the reputation of the State or the dignity of their duties.

- Duties and Responsibilities of Chiefs (Art. 10)

Duties and responsibilities of civil servants in a commanding position: Article 10 – (Amended: 12/5/1982 - 2670/3 Art.) Civil servants are responsible for performing and ensuring that the duties determined by the law, statutes and regulations in the institutions and service units they are in charge of are performed in a timely and complete manner, for training the officers in their subordinates, and for monitoring and controlling their behavior. The chief treats the officers in their subordinates fairly and equally. He/she uses his/her authority in accordance with the principles specified in the law, statutes and regulations. The chief cannot give orders to the officers under his command that are against the law and cannot make a request from the officer under his command that will provide a special benefit, cannot accept a gift or take a loan

- Obedience to Order (Art. 11)

Duties and responsibilities of civil servants: Article 11 – (Amended: 12/5/1982 - 2670/4 art.) Civil servants are obliged to comply with the principles specified in the law, bylaws and regulations and to fulfill the duties assigned by their superiors and are responsible to their superiors for the proper and correct execution of their duties.

If a civil servant finds an order received from his superior to be contrary to the provisions of the Constitution, law, bylaw and regulation, he shall not fulfill it and shall notify the person giving the order of this violation. If the superior insists on his order and renews this order in writing, the civil servant shall be obliged to fulfill this order. However, the responsibility arising from the fulfillment of the order belongs to the person giving the order. An order constituting a crime shall not be fulfilled in any way; the person fulfilling it shall not be relieved of responsibility. In urgent cases, the exceptions specified by law for the protection of public order and public security are reserved.

- Financial Liability of Civil Servants to the Administration and Citizens (Art. 12-13)

Personal liability and damage: Article 12 – (Amended: 12/5/1982 - 2670/5 art.) Civil servants must perform their duties with care and diligence and take the necessary measures to protect the State property entrusted to them and to keep it ready for service at all times. If the administration is damaged as a result of the intent, fault, negligence or carelessness of a civil servant, it is essential that this damage be paid by the relevant civil servant at its market value. General provisions on this subject shall be applied in the payment of damages. However, damages not exceeding half of the gross salary of the civil servant who was at the first level of the lowest grade on the date of the act shall be paid by the relevant civil servant, if accepted, in accordance with the decision of the disciplinary officer or the authorized disciplinary board.

Damages suffered by individuals: Article 13 – (Amended: 12/5/1982 - 2670/6 art.) (Amended first paragraph: 6/6/1990 - 3657/1 art.) Individuals shall file a lawsuit against the relevant institution, not against the personnel performing these duties, for damages suffered in connection with duties subject to public law. However, in the event that money or valuable papers having the value of money deposited in state departments or collected or kept by these departments are embezzled by the relevant personnel, the amount embezzled shall be paid to the rightful owner by the Treasury without waiting for the result of criminal proceedings. The institution reserves the right to recourse to the responsible personnel in accordance with general provisions. (Added: 26/3/2002 - 4748/3 art.) The above paragraph also applies to the recourse to the responsible personnel for compensations paid by the State as a result of the decisions of the European Court of Human Rights due to the crimes of torture or cruel, inhuman or degrading treatment. The type of damages specified in Article 12 and this article, the determination of their amounts, their follow-up, the responsibilities of the superiors and other matters related to the procedures to be carried out are determined by the regulation to be prepared by the Prime Ministry.

- Declaration of Assets (Art. 14)

Declaration of assets: Article 14 – Civil servants shall declare their assets regarding their movable and immovable properties, receivables and debts belonging to themselves, their spouses and children under their custody, in accordance with the provisions of the special law.

- Prohibition on Giving Information and Statements to the Press Without Permission (Art. 15)

Giving information or statements to the press: Article 15 – (Amended: 12/5/1982 - 2670/7 art.) Civil servants cannot give information or statements to the press, news agencies or radio and television institutions about their public duties. The necessary information on this subject can only be given by the governors or authorized officers in the provinces authorized by the minister. Information regarding military service cannot be disclosed by anyone other than the personnel authorized by the special laws.

- Return of Official Documents, Tools and Equipment (Art. 16)

Not to take official documents, tools and equipment outside authorized places and return them: Article 16 – (Amended: 12/5/1982 - 2670/8 art.) Civil servants cannot take official documents, tools and equipment related to their duties outside authorized places and cannot use them in their private business. Civil servants must return official documents, tools and equipment delivered to them as part of their duties when their duties end. This obligation also applies to the civil servant's heirs.

- Prohibition on Engaging in Commercial and Other Profit-Generating Activities (Art. 28)

Prohibition on engaging in commercial and other profit-generating activities:

(1) Article 28 – (Amended: 30/5/1974 - KHK-12; Amended and accepted: 15/5/1975 - 1897/1 art.) Civil servants cannot engage in an activity that would require them to be considered as a (Merchant) or (Tradesman) according to the Turkish Commercial Code, cannot work in commercial and industrial institutions, cannot be a commercial representative or commercial agent, or a partner in a collective company or a limited partner in a limited partnership. (Except for the duties they will assume as representatives of their institutions in the affiliates of the institutions they are employed in).

Civil servants cannot open offices, bureaus, clinics and similar places to engage in professional activities or freelance professions; cannot work in any workplace belonging to real persons, private legal entities or public professional organizations or in foundation higher education institutions.

The membership of civil servants in the management, audit and disciplinary boards of the structures, development and consumption cooperatives, public professional organizations and legal aid funds established by law and the duties specified in special laws are excluded from this prohibition. Spouses, children who are underage or incarcerated, civil servants who engage in prohibited activities are obliged to report this situation to the institution they are affiliated with within 15 days,

- Prohibition on Receiving Gifts and Providing Benefits (Article 29)

Prohibition on receiving gifts and providing benefits: Article 29 – Civil servants are prohibited from directly or through intermediaries to request gifts and accept gifts for the purpose of providing benefits, even if not during their duties, or from requesting and receiving loans from business owners.

(Additional paragraph: 25/5/2004 - 5176/9 art.) The Public Officials Ethics Board is authorized to determine the scope of the gift acceptance prohibition and to request a list of gifts received by senior public officials at least at the level of general manager or equivalent from these officials at the end of each calendar year, if necessary.

- Prohibition on Providing Benefits from the Undertaking Under Control (Art. 30)

Prohibition on Providing Benefits from the Undertaking Under Control: Article 30 – A civil servant is prohibited from obtaining any benefit under any name, directly or through an intermediary, from an undertaking under his/her control or related to his/her duty or the institution to which he/she is affiliated.

- Prohibition on Disclosure of Confidential Information (Art. 31)

Prohibition on Disclosure of Confidential Information: Article 31 – (Amended: 12/5/1982 - 2670/11 art.) Civil servants are prohibited from disclosing confidential information related to public services, even after they have left their duties, without the written permission of the authorized minister.

3- Crimes related to Corruption included in the Turkish Penal Code No. 5237 under the title "Crimes Against the Reliability and Functioning of Public Administration" in the First Section of the Fourth Section "Crimes Against the Nation and the State and Final Provisions"

- Embezzlement (Article 247),

Article 247- (1) A public official who embezzles property that has been transferred to him due to his duty or that he is responsible for the protection and supervision of, shall be sentenced to imprisonment from five to twelve years.

(2) If the crime is committed with fraudulent behavior aimed at preventing the embezzlement from being revealed, the penalty to be given shall be increased by half.

(3) If the crime of embezzlement is committed with the purpose of returning the property after it has been used temporarily, the penalty to be given may be reduced by half.

- Extortion (Article 250),

Article 250- (1) (Amended: 2/7/2012-6352/86 art.) (1) A public official who forces a person to provide benefits to himself or another person or to make promises in this direction by abusing the influence provided by his/her position shall be sentenced to imprisonment from five to ten years. If the person, in the face of the unjust attitude and behavior of the public official, feels obliged to provide benefits to the public official or the person he/she directs, out of concern that a legitimate task will not be carried out as required, at all or at least on time, and feels obliged to do so, the existence of compulsion shall be accepted.

(2) A public official who persuades a person to provide benefits to himself or another person or to make promises in this direction by abusing the trust provided by his/her position shall be sentenced to imprisonment from three to five years.

(3) If the crime defined in the second paragraph is committed by taking advantage of the person's mistake, the person shall be sentenced to imprisonment from one to three years.

(4) (Added: 2/7/2012-6352/86 art.) Considering the value of the benefit stolen and the economic situation of the victim, the penalty to be given according to the above paragraphs may be reduced by up to half.

- Neglect of supervision duty (art. 251),

Article 251- (1) A public officer responsible for supervision who intentionally turns a blind eye to the commission of the crime of embezzlement or bribery shall be held responsible as a joint perpetrator of the crime committed.

(2) A public official who neglects his/her auditing duty and enables the commission of the crime of embezzlement or bribery shall be punished with imprisonment from three months to three years

- Bribery (Article 252),

Article 252- (Amended: 2/7/2012-6352/87 art.)

(1) A person who provides a public official or another person he/she designates with a benefit, directly or through intermediaries, for the performance or non-performance of a task related to the performance of his/her duty shall be punished with imprisonment from four to twelve years.

(2) A public official who provides a benefit, directly or through intermediaries, for himself/herself or another person he/she designates with a benefit, for the performance or non-performance of a task related to the performance of his/her duty shall also be punished with the penalty specified in the first paragraph.

(3) If an agreement is reached on bribery, the penalty shall be imposed as if the crime had been completed.

(4) In cases where a public official requests a bribe but is not accepted by the person or a person offers or promises to provide a benefit to a public official but is not accepted by the public official, the penalty to be given to the perpetrator in accordance with the provisions of the first and second paragraphs shall be reduced by half.

(5) The person who acts as an intermediary in the delivery of the bribe offer or request to the other party, the establishment of the bribe agreement or the provision of the bribe shall be punished as a joint perpetrator, regardless of whether he/she is a public official or not.

(6) The third person or the authorized person of the legal entity who indirectly receives a benefit in the bribery relationship and accepts the benefit shall be punished as a joint perpetrator, regardless of whether he/she is a public official or not.

(7) If the person who receives or requests a bribe or reaches an agreement on this matter is a judicial officer, arbitrator, expert, notary or certified public accountant, the penalty to be given shall be increased by one third to one half.

(8) The provisions of this article;

a) Professional organizations with the nature of a public institution,
b) Companies established with the participation of public institutions or organizations or professional organizations with the nature of a public institution,
c) Foundations operating within the body of public institutions or organizations or professional organizations with the nature of a public institution,
d) Associations working for the public benefit,
e) Cooperatives,
f) Public joint stock companies,

It is also applied in cases where a benefit is provided, offered or promised, directly or through intermediaries, to persons acting on their behalf, regardless of whether they are public officials or not, in order to perform or not perform a task related to the performance of their duties; it is requested or accepted by these persons; it is mediated by them; and a benefit is provided to another person due to this relationship.

- Trading in influence (Article 255),

Article 255- (Amended: 2/7/2012-6352/89 art.)

(1) A person who, directly or through intermediaries, provides a benefit to himself or another person in order to have an unjust act carried out, by claiming to have influence over a public official, shall be sentenced to imprisonment from two to five years and a judicial fine of up to five thousand days. If the person is a public official, the prison sentence to be given shall be increased by half. A person who provides a benefit in return for having his work done or with the expectation that it will be done shall be sentenced to imprisonment from one to three years.

(2) Even if an agreement is reached on the provision of benefit, the sentence shall be imposed as if the crime had been completed.

(3) In cases where a benefit is requested for the purpose specified in the first paragraph but this is not accepted or a benefit is offered or promised but this is not accepted, the sentence to be given in accordance with the provision of the first paragraph shall be reduced by half.

(4) The person who mediates the crime of influence peddling shall be punished with the penalty specified in the first paragraph as a joint perpetrator.

(5) The officials of the third real person or legal person who indirectly receives a benefit in the influence peddling relationship and accepts the benefit shall be punished with the penalty specified in the first paragraph as a joint perpetrator.

(6) In cases where attempting to have the work done constitutes an independent crime, the persons shall also be punished for this crime.

(7) The provisions of this article shall also apply in cases where influence peddling is carried out on the persons listed in the ninth paragraph of Article 252. If these persons are in Turkey, regardless of whether they are citizens or foreigners, ex officio investigation and prosecution shall be carried out.

- Abuse of duty (Article 257),

Article 257- (1) Except for the cases defined as crimes in the law, a public official who acts contrary to the requirements of his duty and causes victimization of individuals or harm to the public or provides an unfair advantage to individuals shall be sentenced to imprisonment from six months to two years.

(2) Except for the cases defined as crimes in the law, a public official who acts negligently or late in fulfilling the requirements of his duty and causes victimization of individuals or harm to the public or provides an unfair advantage to individuals shall be sentenced to imprisonment from three months to one year.

- Disclosure of a secret related to duty (Article 258),

Article 258- (1) A public official who discloses or publishes documents, decisions, orders and other notifications given to him due to his duty or of which he has obtained information for the same reason and which must remain confidential or facilitates the acquisition of information by any means shall be sentenced to imprisonment from one to four years.

(2) The same penalty shall be imposed on a person who commits the acts stated in the first paragraph after the status of public official has ended.

- Trade of a public official (Article 259),

Article 259- (1) A public official who tries to sell goods or services to another person by taking advantage of the influence provided by the duty he/she performs shall be punished with imprisonment of up to six months or a judicial fine.

- Abandonment or failure to perform public duty (Article 260),

Article 260- (1) Public officials who unlawfully and collectively abandon their duties, fail to perform their duties partially or completely, or slow down their duties, shall each be sentenced to imprisonment of three months to one year. If the number of public officials is not more than three, no penalty shall be imposed.

(2) In the event that public officials temporarily and briefly stop or slow down their work in a manner that does not disrupt their professional and social rights, the penalty may be reduced or no penalty may be imposed.

- Illegal disposition of property of individuals (Article 261),

Article 261- (1) A public official who, knowing that it is against the conditions specified in the relevant laws, forcibly disposes of movable or immovable property of individuals, even by paying compensation, shall be punished with imprisonment from six months to two years, unless the act constitutes a crime requiring a more severe penalty.

- Illegal assumption of public duty (Article 262).

Article 262- (1) A person who attempts to perform a public duty contrary to the laws and regulations or who continues to perform the duty despite being notified of an order to abandon the duty shall be sentenced to imprisonment from three months to two years.

4- Law No. 4982 on Information

- Right to Information (Article 4),

ARTICLE 4.- Everyone has the right to information.

Foreigners residing in Türkiye and foreign legal entities operating in Türkiye benefit from the provisions of this Law, provided that the information they request is related to themselves or their fields of activity and within the framework of the principle of reciprocity.

The rights and obligations arising from international agreements to which Türkiye is a party are reserved.

- Obligation to provide information (Article 5),

ARTICLE 5.- Institutions and organizations are obliged to provide all kinds of information or documents, other than the exceptions included in this Law, to the benefit of applicants and to take the necessary administrative and technical measures to finalize information requests effectively, quickly and accurately.

From the date of entry into force of this Law, provisions of other laws that are contrary to this Law shall not be applied.

- Separating confidential information and providing information or documents (Article 9),

ARTICLE 9.- If the requested information or documents contain information that is classified as confidential or prohibited from being disclosed and that is of a nature that can be disclosed, and if these can be separated from each other, the information or document in question shall be presented to the applicant after the classified as confidential or prohibited from being disclosed information is removed. The reason for the separation shall be notified to the applicant in writing.

- Limits of the Right to Information (Art. 15,16,17,18,19,20,21,22,23,24,25,26)

Transactions outside the scope of judicial review

ARTICLE 15.- Among the administrative transactions outside the scope of judicial review, those that affect the person's working life and professional honor are included in the scope of this Law. The right to information provided in this way does not result in the transaction being opened to judicial review.

Information or documents related to state secrets

ARTICLE 16.- Confidential information or documents that would clearly harm the security, foreign relations, national defense and national security of the State if disclosed and are classified as state secrets by their nature are outside the scope of the right to information.

Information or documents related to the country's economic interests

ARTICLE 17.- Information or documents that would harm the country's economic interests or cause unfair competition and gain if disclosed or disclosed prematurely are outside the scope of this Law.

Information or documents related to intelligence

ARTICLE 18.- Information or documents related to the duties and activities of civil and military intelligence units are outside the scope of this Law.

However, if this information and documents affect the working life and professional honor of individuals, information and documents related to intelligence are within the scope of the right to information.

Information or documents related to administrative investigations

ARTICLE 19.- Information or documents related to administrative investigations conducted by authorized units of institutions and organizations, and if disclosed or disclosed prematurely;

a) Will result in an unjustified interference in the private life of individuals,
b) Will endanger the life or security of individuals or the officers conducting the investigation,
c) Will endanger the security of the investigation,
d) Will cause the disclosure of the source of information that should remain confidential or will make it difficult to obtain similar information and sources of information related to the investigation,

Information or documents are outside the scope of this Law.

Information or documents related to judicial investigation and prosecution

ARTICLE 20.- Information or documents that, if disclosed or disclosed prematurely;

a) Will lead to the commission of a crime,
b) Will endanger the prevention and investigation of crimes or the legal capture and prosecution of criminals,
c) Will prevent the due performance of the judicial duty,
d) Will violate the right to a fair trial of a person against whom a lawsuit has been filed,

The provisions of the Criminal Procedure Code No. 1412 dated 4.4.1929, the Civil Procedure Code No. 1086 dated 18.6.1927, the Administrative Procedure Code No. 2577 dated 6.1.1982 and other special laws are reserved.

Privacy of private life

ARTICLE 21.- Except for the cases where the person gives permission, within the scope of the privacy of private life, information or documents that would constitute an unjust intervention in the person's health information, private and family life, honor and dignity, professional and economic values ​​are excluded from the scope of the right to information.

In cases where public interest requires, personal information or documents may be disclosed by institutions and organizations, provided that the relevant person is notified at least seven days in advance and his/her written consent is obtained.

Privacy of communication

ARTICLE 22.- Information or documents that would violate the principle of privacy of communication are excluded from the scope of this Law.

Trade secret

ARTICLE 23.- Information or documents defined as trade secrets in the laws and commercial and financial information provided by institutions and organizations from real or legal persons on the condition that they remain confidential are excluded from the scope of this Law.

Intellectual and artistic works

ARTICLE 24.- The relevant provisions of the law shall apply to applications for information regarding intellectual and artistic works.

Intra-institutional regulations

ARTICLE 25.- Information or documents regarding regulations of institutions and organizations that do not concern the public and are only related to their own personnel and in-house practices are outside the scope of the right to information. However, the right to information of the institution employees affected by the regulation in question is reserved.

Intra-institutional opinions, information notes and recommendations

ARTICLE 26.- Information or documents of the nature of opinions, information notes, proposals and recommendations obtained by institutions and organizations in order to carry out their activities are within the scope of the right to information unless otherwise decided by the institution and organization.

The opinions of individuals, units or institutions that are legally obliged to give opinions in scientific, cultural, statistical, technical, medical, financial, legal and similar fields of expertise are open to requests for information, provided that they form the basis for the decisions to be taken by the institutions and organizations.

5- Law No. 2531 on Jobs That Those Who Resigned from Public Service Cannot Do (Art. 1, 2)

Article 1 - This Law shall apply to those who have served in departments, institutions and organizations included in the general budget, in administrations with annexed budgets, in revolving capital organizations affiliated to them, in funds established by law or based on the authority granted by laws, in municipalities, in special administrations, in organizations within the scope of Laws No. 440 dated March 12, 1964 and No. 468 dated May 12, 1964, in places where more than half of the capital is provided separately or together by the Treasury or the above departments, administrations, institutions and organizations, by receiving a salary, wage or allowance.

Article 2 - Those who leave their positions in the places covered by the first article, for whatever reason, cannot directly or indirectly take on duties and work, enter into commitments, act as brokers or representatives in matters related to their duties and fields of activity in the departments, administrations, institutions and organizations they served in the two years before the date of their departure, for a period of three years starting from the date of their departure.
Prohibitive provisions in special laws are reserved.

6- Public Financial Management and Control Law

The purpose of this Law is to regulate the structure and functioning of public financial management, preparation and implementation of public budgets, accounting, reporting and financial control of all financial transactions in order to ensure accountability and financial transparency, and to ensure effective, economical and efficient acquisition and use of public resources in line with the policies and objectives included in the development plans and programs.

This Law covers the financial management and control of public administrations within the scope of general government, consisting of public administrations within the scope of central government, social security institutions and local administrations.

The use and control of resources provided to public administrations from within the country and abroad with European Union funds are also subject to the provisions of this Law, without prejudice to the provisions of international agreements.

In this context, universities are required to establish their internal control systems within the scope of this Law.

Internal control; It is the totality of financial and other controls that include the organization, method and process established by the administration to ensure that activities are carried out effectively, economically and efficiently in accordance with the objectives of the administration, determined policies and legislation, the protection of assets and resources, the accurate and complete keeping of accounting records, and the timely and reliable production of financial and management information.

The financial management and control systems of public administrations consist of expenditure units, accounting and financial services, preliminary financial control and internal audit.

In order to establish an adequate and effective control system; the necessary measures are taken by the senior managers and other managers of the relevant administrations by taking into account the duties, authorities and responsibilities in terms of having professional values ​​and an honest management approach, assigning financial authorities and responsibilities to knowledgeable and competent managers and personnel, ensuring compliance with determined standards, preventing activities contrary to legislation and ensuring a suitable working environment and transparency with a comprehensive management approach.

Article 11 of the Law stipulates that senior managers are responsible for overseeing and monitoring the functioning of the financial management and control system and fulfilling the duties and responsibilities specified in the Law, and that they will fulfill the requirements of this responsibility through spending authorities, financial services units and internal auditors.

Accordingly, senior managers are given the responsibility to establish and monitor the internal control system, to make all kinds of arrangements such as the creation of written procedures and instructions as a requirement of the internal control system, and spending authorities are given the responsibility to ensure the functioning of internal control regarding administrative and financial decisions and transactions within the framework of their duties and authorities. The second paragraph of Article 55 of the Law states that "Within the framework of their duties and authorities, standards and methods related to financial management and internal control processes are determined, developed and harmonized by the Ministry of Finance, and standards and methods related to internal audit are determined by the Internal Audit Coordination Board. They also ensure the coordination of systems and provide guidance to public administrations." Accordingly, Public Internal Audit Standards have been determined by the decision numbered (12) dated 20.11.2006 of the Internal Audit Coordination Board. Public Internal Control Standards have been determined by the Ministry of Finance within the framework of the COSO model, INTOSAI Public Sector Internal Control Standards Guide and European Union Internal Control Standards. The Internal Control Standards Determined by the Ministry of Finance describe control with 5 components, and in the control system to be established by the administration, a good control environment should be established in which risk-based control activities (actions) will be carried out, a good information and communication system should be established and continuous monitoring mechanisms should be established to monitor the system. The control environment is a general framework that forms the basis for other elements of internal control - risk assessment, control activities, information and communication, monitoring - and includes issues related to personal and professional integrity, ethical values ​​of management and personnel, supportive attitude towards internal control, professional competence, organizational structure, human resources policies and practices, management philosophy and business style.

Standard: 1. Ethical Values ​​and Honesty

The rules determining personnel behaviors should be known by the personnel.

General requirements required for this standard:

1.1. The internal control system and its operation should be owned and supported by the manager and personnel.

1.2. The managers of the administration should be an example to the personnel in the implementation of the internal control system.

1.3. Ethical rules should be known and these rules should be followed in all activities.

1.4. Honesty, transparency and accountability should be ensured in activities.

1.5. The personnel of the administration and those who receive services should be treated fairly and equally.

1.6. All information and documents regarding the activities of the administration should be accurate, complete and reliable.

ETHICS RELATED STUDIES AND GUIDELINES AT MARMARA UNIVERSITY

1- PUBLIC OFFICIALS ETHICS AGREEMENT signed by all university employees - (For academic/administrative staff)

PUBLIC OFFICIALS ETHICS AGREEMENT

With the awareness and understanding that public service is above all private interests and that public officials are in the service of the public; * To work to make the daily lives of the people easier, to meet their needs in the most effective, fast and efficient way, to increase the quality of service and to increase the satisfaction of the society, * To fulfill my duties in accordance with the principles of respect for human rights, transparency, participation, honesty, accountability, observing the public interest and the rule of law, * To act impartially and in accordance with the requirements of the service without discriminating on the basis of language, religion, philosophical belief, political opinion, race, age, physical disability and gender, and without allowing behaviors and practices that hinder equal opportunities, * To fulfill my duties without accepting gifts from any real or legal person related to the duty, without providing any material or moral benefit or any benefit of this nature, and without expecting any special benefit, * Not to use or allow public goods and resources to be used for purposes other than public purposes and service requirements, and not to waste these goods and resources, * To respect the rights of individuals to petition, obtain information, complain and file a lawsuit, and to act caringly, politely, moderately and respectfully towards those who benefit from the service, my colleagues and other interlocutors, * As determined by the Public Officials Ethics Board I undertake to perform my duties and provide services in accordance with the ethical behavior principles and values ​​determined by the prepared regulations.

T.C. Identity Number: …………………….

Name Surname: ……………………

Title: …………………….

Institution: …………………………….

Signature: Date: …. / ….. / 20…

2- DECLARATION OF ETHICS prepared by the Strategy Development Department, ETHICAL CONDUCT RULES FOR EMPLOYEES AND MANAGEMENT,

MARMARA UNIVERSITY

DECLARATION OF ETHICS

“ETHICAL CONDUCT RULES”

ETHICAL CONDUCT RULES FOR ACTIVITIES

COMPLIANCE WITH LEGAL RULES, LAWS AND LEGISLATION IS ESSENTIAL
EQUAL APPROACH IS REGARDED BETWEEN PERSONS AND THE PRINCIPLE OF NEUTRALITY IS COMPLIED WITH
SOCIAL VALUES AND MORAL RULES ARE REGARDED.
ACTIONS ARE MADE IN ACCORDANCE WITH PUBLIC INTEREST AND COUNTRY INTEREST.
NEEDS AND SATISFACTION OF SERVICE RECEIVERS ARE CONSIDERED.
TRANSPARENCY AND ACCOUNTABILITY ARE THE FUNDAMENTAL PRINCIPLES.
COMPLIANCE WITH SERVICE STANDARDS AND PROCESSES AND CONSISTENCY ARE ESSENTIAL.
SUSTAINABILITY, CONTINUITY AND CURRENTNESS ARE IMPORTANT AND MONITORED
OPENNESS TO CHANGE AND INNOVATION IS SUPPORTED
CONTINUOUS IMPROVEMENT OF SERVICE QUALITY IS AIMED.
TRUST IS ESTABLISHED IN A WAY.
COURTESY AND RESPECT ARE ESSENTIAL.

Name, Surname :

Date :

Signature :

3- "Marmara University Scientific Research and Publication Ethics Boards Establishment and Working Principles Directive"

4- "Marmara University Ethical Behavior Principles and Ethics Board Directive"

STUDIES CONDUCTED BY YÖK ON ETHICS

1- Higher Education Institutions Scientific Research and Publication Ethics Directive

2- Higher Education Institutions Ethical Behavior Principles

Provisions of Law No. 2547 That Can Be Associated with Ethics

1- Law No. 2547 on Higher Education (Art. 4, 53)

Article 4 – Purpose of higher education:

a) To educate students;
(1) To raise citizens who are committed to ATATURK nationalism in line with ATATURK's reforms and principles,

(2) Who carry the national, moral, human, spiritual and cultural values ​​of the Turkish nation, who feel the honor and happiness of being a Turk,

(3) Who prioritize the benefit of society over personal interests, who are filled with love for family, country and nation,

(4) Who know their duties and responsibilities towards the Republic of Turkey and turn these into behaviors,

(5) Who have the power of free and scientific thought, a broad worldview, who respect human rights,

(6) Who are developed in a balanced and healthy way in terms of body, mind, soul, morality and emotion,

(7) Who have the knowledge, skills, behavior and general culture of a profession that will meet the development and needs of the country in line with their interests and talents, and at the same time provide their own livelihood and happiness, b) In order to increase the prosperity and happiness of the Turkish State as an indivisible whole with its country and nation; to implement programs that will contribute to and accelerate economic, social and cultural development, to ensure that it becomes a constructive, creative and distinguished partner of contemporary civilization, 5350 c) To conduct high-level scientific studies and research as higher education institutions, to produce knowledge and technology, to disseminate scientific data, to support national development and progress, to become a distinguished member of the scientific world by cooperating with domestic and foreign institutions, and to contribute to universal and contemporary development.

Disciplinary and Penal Affairs

Article 53 –

(Amended: 2/12/2016 - 6764/26 art.) The President of the Council of Higher Education, the higher institutions, rectors and independent foundation vocational school directors and the academic staff regarding the acts specified in subparagraph (e) of the first paragraph of Article 53/Ç; the rectors, university; independent foundation vocational school directors, independent foundation vocational school; deans, faculties; institute and college directors, institutes and colleges; application research centers with staff and independent institute directors, application research centers and institutes; and the general secretary or secretaries of these units are the disciplinary officers of the affiliated unit personnel.
(Amended: 2/12/2016 - 6764/26 art.) The disciplinary penalties that can be applied to the teaching staff, civil servants and other personnel of state and foundation higher education institutions are warning, reprimand, deduction from salary or wage, suspension of step advancement or multiple deductions from wage, dismissal from university teaching profession and dismissal from public service.

(1) In addition to the acts in Law No. 657, the acts that require a warning penalty for public officials within the scope of this Law are as follows: a) Failure to fulfill the requests for information and documents of the authorized authorities on time without an excuse. b) Failure to show care in the training of the personnel in the staff. c) Failure to mention the persons, institutions or organizations that provide support and their contributions in the publications made as a result of the research conducted with support.

(2) In addition to the acts in Law No. 657, the acts that require a reprimand penalty for public officials within the scope of this Law are as follows:

a) Failure to fulfill the requests for information and documents of the authorized authorities on time without an excuse.
b) Providing private lessons to students who are officially obliged to teach.

c) Tearing, tearing or distorting official announcements, posters, programs, articles and similar documents.

d) Using or allowing to use any place within the boundaries of the university or affiliated units for purposes other than the service without the permission of the institution.

e) Not respecting patient rights in publications.

f) Acting contrary to the provisions of relevant legislation in biomedical research or other clinical research on humans.

g) Sharing information in a work that one has been assigned to examine with others before publication without the explicit permission of the author.

h) Publishing data obtained in surveys and attitude research conducted within the scope of a scientific study without obtaining the explicit consent of the participants or, if the research is to be conducted in an institution, without obtaining the permission of the institution.

ı) Not obtaining written permissions from authorized units that must be obtained before starting the studies in research and experiments.

j) Conducting studies in research and experiments that are contrary to the provisions of the legislation or international agreements to which Turkey is a party regarding relevant research and experiments.
k) Not complying with the obligation to inform and warn the relevant parties about possible harmful practices related to scientific research conducted by researchers or authorities.

l) Making false or misleading statements regarding scientific research and publications in applications for academic appointment and promotion.

m) Printing, duplicating, distributing or hanging or displaying in any part of the institution declarations, posters, banners, tapes and the like that contain violence, terror and hate speech.

n) Engaging in political party activities or conducting political party propaganda within higher education institutions.

(3) Deduction from salary or wage: This is a one-time deduction from the gross salary in state higher education institutions and from the gross salary in foundation higher education institutions, between 1/30 and 1/8. In addition to the acts in Law No. 657, the acts that require deduction from salary or wage for public officials within the scope of this Law are as follows:

a) To spread the conversations and decisions made in the bodies of higher education institutions and higher education institutions outside the organization, even though it is not authorized, in order to cause behaviors against the body or its members.

b) Not to return the tools, equipment, documents and similar items belonging to the institution within the specified period, despite the end of the duty and the written request by the institution.

c) To harm animals and the ecological balance in research and experiments.

d) Not to use the data and information obtained from other persons and institutions in scientific studies to the extent and in the manner permitted, not to respect the confidentiality of this information and not to ensure its protection.

e) To use the resources, places, facilities and devices provided or allocated for scientific research for purposes other than intended.

f) To present duplicate publications as separate publications in academic appointments and promotions.

g) To divide the results of a research into parts in a way that will disrupt the integrity of the research and inappropriately, publish them in more than one issue and present these publications as separate publications in academic appointments and promotions.
h) Including people who do not actively contribute to the work among the authors or excluding people who do, changing the order of authors without justification and inappropriately, removing the names of those who actively contribute to the work from subsequent editions, using one's influence to have one's name included among the authors even though one has not actively contributed to the work.

ı) Making baseless, unfounded and intentional accusations of a crime.

j) Intentionally entering or staying in the institution's information system in whole or in part, against the law.

(4) Suspension of rank advancement or multiple deductions from wages: In state higher education institutions, the suspension of advancement in the current rank for one to three years, depending on the severity of the act; in foundation higher education institutions, a deduction of 1/4 to 1/2 from the gross wage for three to six months, depending on the severity of the act. In addition to the acts in Law No. 657, the acts that require the suspension of rank advancement for public officials within the scope of this Law are as follows:

a) Forging, destroying, concealing or forging an official document within the service, knowingly using or allowing to be used a forged document.
b) Directly or indirectly gaining benefits under any name due to or during the duty, requesting or receiving loans from employers or students.
c) Obstructing the execution of public services, engaging in boycott and occupation.
d) Preventing the performance of educational activities such as lessons, seminars, conferences, laboratories, graphic works and exams; taking officers and students out of the field of education and training; obstructing the performance of duties; encouraging or forcing students to engage in such behaviors or participating in actions to be taken for this purpose.
e) Making false statements or unjust accusations about one's superior, colleagues, personnel, service users or students by using press-publication or information systems or making statements about their private lives without their consent.
f) Harming individuals by acting contrary to the relevant legislation in biomedical research and other clinical research involving humans.

g) Using non-existent or falsified data in scientific research, falsifying research records or obtained data, presenting devices or materials that are not used in the research as if they were used, falsifying or shaping research results in line with the interests of persons and organizations receiving support.

h) Discriminating based on language, race, color, gender, political thought, philosophical belief, religion and sect in the performance of duty, engaging in behaviors that target the benefit or harm of individuals.

ı) Being a member of political parties except in cases permitted by law.

(5) Dismissal from the university teaching profession: Dismissal from the university teaching profession without being reassigned to an academic position. The act that requires the penalty of dismissal from the university teaching profession is presenting the original ideas, methods, data or works of others as one's own work, partially or completely, without citing them in accordance with scientific rules.

(6) Dismissal from public service: Dismissal from public service, with the intention of not being appointed again as a lecturer or civil servant in public institutions and organizations and foundation higher education institutions. In addition to the acts in Law No. 657, the acts that require the penalty of dismissal from public service for public officials within the scope of this Law are as follows:

a) Committing acts of terrorism or supporting such acts.

b) Acting as an actual assault or sexually harassing a superior, colleagues, staff, service users or students.

c) Acting shamefully and disgracefully in a manner and to a degree incompatible with public service or the status of a faculty member.

d) Using, possessing, giving to others, encouraging the use of, selling or manufacturing narcotics or other stimulants considered narcotic.

e) Obtaining, recording, using, storing, distributing, changing or destroying the institution's data against the law.

f) Intentionally obstructing or disrupting the operation of the institution's information systems.

Provisions in the Higher Education Legislation for Students that Can Be Associated with Ethics

1 - Law No. 2547 (Article 54),

Student disciplinary matters:

Article 54 – Investigation, authorities and penalties:

(1) Disciplinary penalties and disciplinary offences requiring disciplinary penalties:

a) Reprimand: Written notification to the student that he/she has been reprimanded for his/her faulty behaviour related to being a student. Actions that require a reprimand are as follows:

1) Incomplete or incorrect reporting of information requested by higher education institution authorities in order to mislead,

2) Disrupting the order of studies such as lessons, seminars, exams, practices, laboratories, workshops, scientific meetings and conferences,

3) Distributing leaflets, hanging posters or banners without permission within the higher education institution,

4) Tearing, tearing, changing, scribbling or soiling current announcements, programs and similar items hung by the higher education institution or with the permission of the higher education institution,

5) Attempting to cheat during exams,

6) Using cigarettes and other tobacco products and electronic cigarettes outside of areas designated by the university senate on the university campus.

b) Suspension from the higher education institution for one week to one month: This is a written notification to the student that he/she has been suspended from the higher education institution for one week to one month and that he/she will not be able to attend classes and exams during this period.

Actions that require a penalty of suspension from a higher education institution for one week to one month are as follows:

1) Taking actions that prevent the freedom of learning and teaching or disrupt the functioning and peace of higher education institutions,

2) Preventing disciplinary investigations from being conducted in accordance with the procedure,

3) Giving a document that grants rights to someone else from the higher education institution to someone else to use or using a document that belongs to someone else,

4) Taking verbal or written actions that harm the honor and dignity of individuals in the higher education institution,

5) Taking verbal or written actions that harm the honor and dignity of higher education institution personnel inside or outside the institution,

6) Drinking alcohol in the higher education institution,

7) Organizing meetings in closed or open areas of the higher education institution without permission from the authorities,

8) Threatening higher education institution personnel or students.

c) Suspension from the higher education institution for one semester: The student is informed in writing that he/she is suspended from the higher education institution for one semester and cannot benefit from student rights during this period. The actions that require a one-semester suspension from a higher education institution are as follows:

1) Engaging in occupation and similar actions in higher education institutions that obstruct the services of the higher education institution,

2) Acting as an actual attack on the institution's staff or students,

3) Committing theft in higher education institutions,

4) Destroying existing buildings, fixed assets and similar materials within the higher education institution or damaging the information system,

5) Cheating or having others cheat in exams,

6) Plagiarizing in seminars, theses and publications or having others write them partially or completely, except for contributions that do not include academic evaluation such as surveys or data collection, outside of personal labor and academic knowledge,

7) Not complying with this decision despite having been sentenced to suspension from the higher education institution,

8) Committing one of the actions listed in the third and fourth paragraphs of Article 28/A of the Animal Protection Law No. 5199 dated 24/6/2004 in higher education institutions.

c) Suspension from the higher education institution for two semesters: The student is informed in writing that he/she is suspended from the higher education institution for two semesters and that he/she will not be able to benefit from student rights during this period. The actions that require a two-semester suspension from a higher education institution are as follows:

1) Preventing higher education institution officials from performing their duties by using force and violence,

2) Preventing students from benefiting from higher education services by using force and violence,

3) Using, carrying or possessing drugs or stimulants in higher education institutions,

4) Cheating in exams by threatening, preventing students who cheat from being removed from the exam hall, having someone else take the exam instead of you or taking the exam instead of someone else,

5) Committing sexual harassment in higher education institutions,

6) Carrying and possessing firearms, bullets, knives and other tools specially made for use in attack and defense, explosives in higher education institutions in violation of the Law No. 6136 on Firearms, Knives and Other Tools dated 10/7/1953,

7) Gaining an unfair advantage for oneself or someone else by entering the information system of the higher education institution or causing victimization of individuals,

8) Threatening those assigned to investigate to do,

9) To commit the act listed in the second paragraph of Article 28/A of Law No. 5199 in higher education institutions.

d) Expulsion from higher education institution: It is the written notification to the student that he/she is expelled from the higher education institution from which he/she is expelled, and that he/she will not be admitted to the higher education institution from which he/she is expelled. The actions that require the penalty of expulsion from higher education institution are as follows:

1) To establish an organization for the purpose of committing a crime, to manage such an organization or to be a member of an organization established for this purpose, provided that it is finalized by a court decision,

2) To act on behalf of an organization established for the purpose of committing a crime, although not being a member, or to aid the organization,

3) To sell, give to others or trade narcotic or stimulant substances,

4) To use firearms, bullets and knives, other tools specially made for use in attack and defense, explosives, in violation of Law No. 6136,

5) To violate the sexual immunity of individuals by performing sexual acts on their bodies.

(2) Repetition of disciplinary offence:

a) A degree of severity shall be imposed in the event of repetition of an act that has led to a disciplinary penalty after the notification of the penalty and within the statute of limitations for disciplinary offences.

b) A penalty of expulsion from the higher education institution cannot be imposed on the grounds of repetition of a disciplinary offence.

(3) Disciplinary officers:

a) The relevant faculty dean, institute, conservatory, college or vocational school director is authorized to initiate an investigation into disciplinary offences committed by students within a faculty, institute, conservatory, college or vocational school.

b) Except for the provision of subparagraph (a) of this paragraph, the rector is authorized to initiate an investigation into disciplinary offences committed within or outside higher education institutions, in common areas or venues, in disciplinary offences committed by students collectively and in disciplinary offences committed by students from more than one faculty, institute, conservatories, college or vocational school.

c) The investigation shall be conducted by the investigator or investigators determined by the authorized disciplinary officer. If deemed necessary, the disciplinary officer may also request the assignment of an investigator from another higher education institution.

(4) Duration and statute of limitations of the investigation:

a) The disciplinary investigation shall be initiated immediately upon learning of the incident subject to discipline and the investigation shall be concluded within thirty days at the latest. If the investigation cannot be completed within this period, the investigator may request additional time with justification. Taking into account the justification presented and the statute of limitations, the disciplinary officer may grant an additional time of up to sixty days, not exceeding thirty days each time, and up to ninety days for crimes committed collectively.

b) Regarding students who commit acts of disciplinary offense listed in this article, as of the date on which the authorized officers learn that these acts have been committed;

1) Within one month for penalties of reprimand, suspension from the higher education institution for one week to one month,

2) Within three months for penalties of suspension from the higher education institution for one or two semesters and expulsion from the higher education institution, if a disciplinary investigation is not initiated, the authority to impose a disciplinary penalty shall become time-barred.

c) If a disciplinary penalty is not imposed within two years at the latest from the date of the acts requiring a disciplinary penalty, the authority to impose a disciplinary penalty becomes time-barred. However, for acts within the scope of subparagraph (1) of paragraph (d) of the first paragraph of this article; the statute of limitations shall begin on the day the judgment of the judiciary becomes final.

ç) In the event that the disciplinary penalty is annulled by a court decision, within the remaining disciplinary penalty limitation period as of the date the decision reaches the administration, if the limitation period expires or there is less than three months left to expire, a new disciplinary penalty may be imposed according to the requirements of the decision within three months at the latest.

(5) Right to defense:

a) The student against whom a disciplinary investigation has been initiated shall be notified in writing of the crime attributed to him/her at least seven days before the date on which he/she will make his/her defense; it may also be notified via the student information system or via e-mail or text message. In this letter; the student shall be requested to be present to make his/her defense on the specified day, time and place.

b) The person who comes to make his/her defense may present his/her defense verbally or in writing. After the written defense is presented, the investigator may ask the student additional questions.

c) In the invitation to be sent to the student; it shall be stated that if he/she does not comply with the invitation without an excuse or does not provide his/her excuse in a timely manner, he/she will be deemed to have waived his/her right to defense and the necessary decision will be made regarding him/her based on the available evidence.

ç) A suitable period of time shall be given to the student who provides a valid excuse or who is understood to have failed to comply with the invitation due to force majeure. Detained students shall be informed that they may submit their defense in writing.

d) The investigation shall be conducted in a manner that will allow the student to properly defend himself/herself.

(6) Principles to be followed in disciplinary investigations:

a) The confidentiality of the investigation is essential.

b) The investigator may listen to witnesses, conduct an investigation and apply to an expert. Investigation procedures are recorded in a report. The report shall be prepared in a manner that indicates where and when the transaction was conducted, the nature of the transaction, who participated, and if a statement was taken, the questions and answers, and shall be signed by the investigator, the clerk, the person who testified and, if any, those present during the investigation. While the statement is being taken, the witness and, in the case of an expert, the expert shall be sworn to; the identity, address and similar explanatory information of the witness shall be stated.

c) The personnel of higher education institutions shall provide all kinds of information, files and other documents requested by the investigators without any delay and shall provide any assistance requested.

ç) The investigator shall conduct and complete the investigation, limited to the persons and actions regarding whom the investigation has been initiated. If the investigator determines that other disciplinary offenses have been committed in addition to the act under investigation or that other individuals should be included in the investigation within the scope of the same offense, the investigator shall report the situation to the competent authority.

d) The fact that the student has left the higher education institution for whatever reason after committing the disciplinary offense shall not prevent the opening of an investigation, its continuation, and the making of the necessary decisions.

e) If a student commits an offense requiring a disciplinary penalty while studying at another higher education institution, the authority to conduct an investigation and impose a disciplinary penalty belongs to that higher education institution. The decision made regarding the student shall be notified to the higher education institution where the student is registered without delay for implementation.

f) In offenses requiring a penalty of suspension for one or two semesters and expulsion from the higher education institution, upon the proposal of the authorized officer to initiate the investigation or ex officio, a measure may be taken by the rector's decision to prevent the student from entering the higher education institution premises for a period not exceeding thirty days.

g) A report shall be prepared when the investigation is concluded. The report summarizes the investigation approval, the date of initiation of the investigation, the identity of the person being investigated, the subjects of the alleged crime, the stages of the investigation, the evidence and the defense received. It discusses whether the alleged crime is proven or not, and if proven, a disciplinary penalty suitable for the action is proposed. The originals or copies of the documents related to the investigation are attached to a series of compilations and added to the report. The investigation report is submitted to the authority that opened the investigation together with the file.

ğ) The fact that a criminal prosecution has been initiated against the student due to the same incident does not delay the disciplinary investigation. The fact that a criminal prosecution has been initiated against the student, whether he/she has been convicted or not does not prevent the imposition of a disciplinary penalty.

(7) Authority to impose disciplinary penalties:

a) Reprimands and suspensions from higher education institutions for one week to one month are given by the relevant faculty dean, institute, conservatory, college or vocational school director.

b) The rector has the authority to impose a reprimand and a suspension from higher education institutions for up to one month for disciplinary offences committed in common areas.

c) The authorized disciplinary board shall impose a suspension from the higher education institution for one or two semesters and expulsion from the higher education institution.

ç) In investigations conducted by faculties, institutes, conservatories, colleges or vocational schools, the administrative boards of these units shall perform the duties of the disciplinary board, and in investigations conducted by the rectorate, the university administrative board shall perform the duties of the disciplinary board.

(8) Working procedure of disciplinary boards:

a) The disciplinary board shall meet at the place, day and time to be determined upon the call of the president.

b) The preparation of the meeting agenda, its announcement to the relevant parties and the regular conduct of the board's work shall be ensured by the president.

c) The quorum for the meeting of the board of directors as a disciplinary board shall be the absolute majority of the total number of board members.

ç) The rapporteur duty in disciplinary boards shall be performed by a member assigned by the president. The rapporteur member shall complete the review of the file to be referred within five days at the latest.

d) The rapporteur's statements are heard first in the board. If deemed necessary, the board may also hear the investigators. At the end of the discussions, a vote is taken and the decision is announced by the chairman.

(9) Voting, decision and decision periods:

a) Authorities authorized to impose disciplinary penalties may return the file in order to eliminate deficiencies in the investigation if it is determined that there are deficiencies, and may impose, mitigate or reject the disciplinary penalty recommended by the investigator.

b) Decisions in disciplinary boards are made by the absolute majority of the participants in the meeting. In the event of a tie, the majority is deemed to be reached in the direction of the vote cast by the chair.

c) If the investigator is a member of the disciplinary board, he/she cannot attend the meetings of the file he/she is investigating and cannot vote.

ç) Chiefs authorized to impose disciplinary penalties must decide on reprimands, suspension from the higher education institution for one week to one month within ten days at the latest from the day the investigation is completed. In cases requiring the imposition of other disciplinary penalties, the file is immediately referred to the disciplinary board. The disciplinary board makes a decision within ten days at the latest from the date it receives the file.

d) The superiors and disciplinary boards authorized to impose disciplinary penalties may impose a one-degree lower penalty by taking into account the severity of the acts constituting the disciplinary offense, whether the student under investigation has previously received a disciplinary penalty, whether he/she feels remorse for the act he/she committed, and his/her past behavior, work and achievements at the higher education institution. The one-degree lower penalty is imposed by the authority authorized to impose the main penalty.

(10) Notification of the result of the disciplinary investigation, appeal methods and implementation of penalties:

a) The result of the disciplinary investigation is notified to the student against whom the disciplinary investigation is conducted and to the victim, if any.

b) The disciplinary penalty imposed at the end of the disciplinary investigation is notified by the superior authorized to initiate the investigation, in addition to the above, to the institution that grants scholarships or loans to the student and to the higher education institution.

c) Unless the date of implementation is specified in the decisions of the superior authorized to impose disciplinary penalties or boards, disciplinary penalties shall be implemented as of the date they are imposed.

ç) An appeal may be made to the university board of directors within fifteen days against the disciplinary penalties imposed by the disciplinary superiors and boards. Within the scope of the file, the person who is directly victimized due to the act constituting the disciplinary offense may also object to the decision using the same procedure. The penalties are recorded in the student's file.

d) In case of an objection, the university board of directors accepts or rejects the objection within fifteen days. If the objection is accepted, the authorized disciplinary officer or board makes a decision within thirty days, taking into account the reason for the acceptance.

e) Administrative justice may be resorted to without exercising the right to object against disciplinary penalties given to students.

(11) Except for specially regulated cases, the provisions of the Notification Law No. 7201 dated 11/2/1959 shall apply to the notification to be made to the student. However, if a student changes the address he/she provided when registering to a higher education institution but does not notify the higher education institution he/she is affiliated with or notifies it incorrectly or incompletely, the notification sent to the registered address of the higher education institution shall be deemed as proper notification.

(12) The files related to the disciplinary investigation shall be delivered and received together with the serial form. The signatures of the person who delivered and received are located under the serial form.

2 - YÖK Student Disciplinary Regulation (art. 5, 6, 7, 8, 9)

Disciplinary offences requiring a reprimand

ARTICLE 5 - (1) Actions requiring a reprimand are as follows;

a) Incomplete or incorrect information provided by higher education institution authorities,
b) Disrupting the order of studies such as lessons, seminars, practices, laboratories, workshops, scientific meetings and conferences,

c) Hanging posters and banners without permission within the higher education institution,
ç) Tearing, tearing, changing, scribbling or soiling announcements, programs and similar items hung by the higher education institution,

d) Attempting to cheat in exams.
Disciplinary offences requiring a suspension from the higher education institution for one week to one month

ARTICLE 6 - (1) Actions requiring a suspension from the higher education institution for one week to one month are as follows;

a) Taking actions that hinder the freedom of learning and teaching,
b) Preventing the sound conduct of disciplinary investigations,
c) Giving a document that entitles him/her to a higher education institution to someone else or using a document that belongs to someone else,
ç) Taking verbal or written actions that harm the honor and dignity of individuals in the higher education institution,

d) Taking verbal or written actions that harm the honor and dignity of higher education institution personnel, inside or outside the institution,
e) Drinking alcohol in the higher education institution,
f) Organizing meetings in closed or open areas of the higher education institution without permission from the authorities.
Disciplinary offenses that require a penalty of suspension from the higher education institution for one semester

ARTICLE 7 - (1) Actions that require a penalty of suspension from the higher education institution for one semester are as follows;

a) Threatening higher education institution staff and students,
b) Occupying higher education institutions and similar acts to obstruct the services of the higher education institution,
c) Physically attacking the institution staff and students,
ç) Committing theft in higher education institutions,

d) Destroying existing buildings, fixed assets and similar materials within the higher education institution or damaging the information system,
e) Cheating or having others cheat in exams,
f) Plagiarism in seminars, theses and publications.
Disciplinary offences requiring suspension from the higher education institution for two semesters

ARTICLE 8 - (1) Actions requiring suspension from the higher education institution for two semesters are as follows;

a) Using force and violence against higher education institution officials to prevent their duties,
b) Using force and violence against students to prevent them from benefiting from higher education services,
c) Forcing a person or group to organize an action considered a crime or to participate in such an action by force or threat,
ç) Using, carrying or possessing narcotics and stimulants in higher education institutions,

d) Cheating in exams by threat, preventing students who cheat from being removed from the exam hall, having someone else take the exam instead of you or taking the exam instead of someone else,
e) Committing sexual harassment in higher education institutions,
f) Carrying and possessing firearms, bullets, knives and other tools specially made for use in attack and defense, explosives in higher education institutions in violation of the Law No. 6136 on Firearms, Knives and Other Tools dated 10/7/1953,

g) Gaining an unfair advantage for oneself or someone else by entering the information system of the higher education institution.
Disciplinary offences requiring expulsion from a higher education institution

ARTICLE 9 - (1) Actions requiring expulsion from a higher education institution are as follows;

a) Establishing an organisation for the purpose of committing a crime, managing such an organisation or being a member of an organisation established for this purpose, acting on behalf of the organisation or assisting it without being a member, provided that the decision is finalised by a court decision,
b) Selling, buying, giving to others or trading narcotics or stimulants in higher education institutions,
c) Using firearms, bullets and knives, other tools specially made for use in attack and defence, explosives, in violation of Law No. 6136 on Firearms, Knives and Other Instruments,
ç) Violating the sexual immunity of individuals by performing sexual acts on their bodies.