This is an annex to the Decision of our University Senate dated 06.07.2023 and numbered 2023/15.
                                                                   


ISTANBUL SABAHATTIN ZAIM UNIVERSITY
ADMINISTRATIVE STAFF DISCIPLINARY DIRECTIVE


PART ONE
Purpose, Scope, Basis, and Definitions

Purpose
ARTICLE 1 – (1) The purpose of this directive is to establish the disciplinary provisions applicable to personnel employed in administrative positions at Istanbul Sabahattin Zaim University under full-time, part-time, fixed-term, or indefinite-term contracts, and the procedures and principles for imposing disciplinary penalties.

Scope
ARTICLE 2 – (1) The scope of this directive covers personnel employed in administrative positions at Istanbul Sabahattin Zaim University under full-time, part-time, fixed-term, or indefinite-term contracts.

Legal Basis
ARTICLE 3 – (1) This directive has been prepared on the basis of Law No. 2547 on Higher Education, Decree Law No. 124 on the Administrative Organization of Higher Education Institutions, Labor Law No. 4857, and the provisions of the Istanbul Sabahattin Zaim University Principal Regulation.

Definitions
ARTICLE 4 – (1) As used in this directive,
a) University: Istanbul Sabahattin Zaim University,
b) Rector: The Rector of Istanbul Sabahattin Zaim University,
c) Secretary General: The Secretary General of Istanbul Sabahattin Zaim University,
ç) Disciplinary Board: The competent disciplinary boards specified in this Directive,
d) Disciplinary Superior: The superiors authorized to open a disciplinary investigation within the scope of this Directive,
e) Disciplinary Penalties: The penalties to be imposed on personnel in accordance with this Directive and other relevant legislation,
f) Warning Penalty: A written notification that the employee must act more carefully and diligently in their duties and conduct,
g) Reprimand Penalty: A written notification that the employee is at fault in their duties and conduct,
ğ) Seniority Suspension Penalty: The suspension, for a period of one year, of promotion, award, and seniority-related actions,
h) Salary Deduction Penalty: A one-time deduction of between 1/30 and 1/8 of the employee's monthly gross salary,
ı) Termination Penalty: Without prejudice to the just cause termination grounds arising from the Labor Law, the termination of the employee's relationship with Istanbul Sabahattin Zaim University such that they may not be appointed to any position at the University again,
The above terms shall have the meanings set out herein.


PART TWO
Disciplinary Superiors, Disciplinary Board

Disciplinary superiors and their authority
ARTICLE 5 – (1) The disciplinary superiors of personnel employed in administrative positions at Istanbul Sabahattin Zaim University under full-time, part-time, fixed-term, or indefinite-term contracts are: the dean in faculties, the institute director in institutes, and the secretary general in the University's central organization. The Rector is the highest disciplinary superior for all University personnel.
(2) A disciplinary investigation is conducted with the approval and assignment of the dean, institute director, secretary general, or, as the higher disciplinary superior, the Rector.
(3) Before opening an investigation, the Disciplinary Superior may conduct or have conducted a preliminary inquiry or examination into acts and circumstances alleged to constitute a disciplinary offense that have come to their attention, in order to determine whether these acts and circumstances warrant opening a disciplinary investigation.
(4) In a disciplinary matter for which the higher disciplinary superior has opened or ordered an investigation, the lower disciplinary superior may not separately conduct or order an investigation. If an investigation into the same matter has previously been opened but not concluded, it is merged with the investigation opened or ordered by the higher superior.
(2) The authority and responsibilities of disciplinary superiors are as follows:
a) To open an investigation, within the scope of the laws, regulations, by-laws, directives, and procedures and principles, and in order to ensure that institutional services are carried out as required, against those who fail to perform the duties set out in their job description, who fail to comply with mandatory requirements, or who engage in prohibited acts,
b) To exercise the other powers granted by special laws and general communiqués in relation to disciplinary matters,
c) To decide on warning and reprimand penalties where the investigator determines that acts warranting such penalties have occurred.
d) To ensure that the investigation file resulting from a disciplinary investigation into acts warranting a disciplinary penalty other than a warning or reprimand is forwarded to the Disciplinary Board.

Administrative Staff Disciplinary Board
ARTICLE 6 – (1) In Faculties and the Institute, the Disciplinary Board consists of the management boards of these units; for administrative personnel serving in other units, it consists of a Vice Rector to be appointed by the Rector as chair, the Secretary General, the Legal Counsel, the Head of the Department of Personnel, and a department head to be appointed by the Rector.
(2) The rapporteur of the Disciplinary Board is: the faculty secretary in faculties, the institute secretary in the institute, and the Head of the Department of Personnel in the disciplinary board established for other administrative units.
(3) Members of the Disciplinary Board may not participate in a meeting concerning proceedings conducted against themselves or in which they are the complainant or a witness.
(4) The Disciplinary Board makes its decisions by majority vote. In the event of a tie, the decision is made in the direction of the chair's vote.

Duties of the Disciplinary Board and Decision-Making Processes
ARTICLE 7 – (1) The Disciplinary Board reaches a decision within 30 (thirty) days of the investigation file being forwarded to it.
(2) The Disciplinary Board is not bound by the investigator's characterization, findings, or proposed penalty.
(3) The chair of the Disciplinary Board requests a final defense from the person under investigation, specifying the alleged act and the disciplinary penalty proposed in the investigation report.

Meetings and Proceedings of the Disciplinary Board
ARTICLE 8 – (1) The Board convenes with an absolute majority. If the chair or members of the Board are not present in their positions, their deputies acting in that capacity attend instead.
(2) The Chair of the Board ensures that the meeting agenda is drawn up and distributed, that the meeting is held on the specified date, time, and place, and that the Board's proceedings are duly carried out and concluded.
(3) Decisions are taken by open vote, and abstention is not permitted in voting.
(4) The decision is drafted by the rapporteur within 7 (seven) business days following the date of the decision and is signed by the chair and members. Dissenting votes are recorded in the decision.
(5) The Decision of the Disciplinary Board is forwarded by the Chair of the Disciplinary Board to the Department of Personnel.

PART THREE
Disciplinary Penalties, Acts Requiring Disciplinary Penalties, Disciplinary Investigation, and
Principles Concerning the Imposition of Disciplinary Penalties

Types of disciplinary penalties and the acts subject to penalty
ARTICLE 9 – (1) The disciplinary penalties to be imposed on personnel and the acts warranting disciplinary penalties are specified below.

A) Warning penalty is warranted by the following acts:
1) Showing indifference in fully and promptly carrying out orders and duties given, and in complying with the procedures and principles determined by the institution at the place of duty; being careless in the protection, use, and maintenance of documents, tools, and equipment related to one's duties.
2) Arriving late to duty, leaving early, or leaving the place of duty without excuse or permission.
3) Engaging in attitudes and conduct unbecoming of an institution employee.
4) Engaging in matters unrelated to one's duties during working hours.
5) Failing to provide, in a timely manner, information and documents requested by the institution or required to be provided under the legislation.
6) Engaging in conduct contrary to the principle that duties are to be performed in cooperation.
7) Showing indifference or a lack of interest toward one's duties or those served.

B) Reprimand penalty is warranted by the following acts:
1) Acting negligently in fully and promptly carrying out orders and duties given, in complying with the procedures and principles determined by the institution at the place of duty, and in the protection, use, and maintenance of documents, tools, and equipment related to one's duties.
2) Being disrespectful, in manner or conduct, toward one's superior while on duty.
3) Using a mobile phone, computer, institutional vehicle, or similar item provided for official duties for personal matters or for purposes other than intended.
4) Objecting to given orders without justification.
5) Disrupting the institution's peace, calm, and working order.
6) Losing institutional documents or the tools and equipment provided for one's use.
7) Failing to report for duty for one day without permission or an acceptable excuse.
8) Removing official institutional documents from the place of duty without the knowledge and permission of the relevant superior.
9) Failing, more than twice within a year, without permission or excuse, to attend meetings one is obligated to attend by virtue of one's duties.
10) Making social media posts on matters related to the University, or providing information or statements to the press, news agencies, or radio and television organizations, without authorization to do so.
11) Verbally accosting employees, students, visitors, or third parties providing services within the University.
12) Making statements, engaging in conduct, or making posts that would undermine the reputation and trust required by the duties performed and the position and title held, within or outside the institution.

C) The Seniority Suspension Penalty is warranted by the following acts and conduct:
1) Making demeaning or humiliating statements, or engaging in demeaning or humiliating acts or conduct, toward one's superior, subordinates, or colleagues.
2) Using, or allowing the use of, any place within the scope of one's duty and responsibility for meetings, demonstrations, ceremonies, or similar purposes without permission,
3) Printing, reproducing, or distributing statements, posters, banners, tape, or similar materials that are, in content, aimed at violence or hatred; displaying or posting these anywhere within the University or its affiliated units.
4) Using the media or information systems to make untrue statements or unjust accusations about one's superior, colleagues, personnel, service beneficiaries, or students, or to disclose matters relating to their private lives without their consent.
5) Causing, in violation of Law No. 6698 on the Protection of Personal Data, the processing, access, or disclosure of any person's personal data for purposes other than intended, or acting contrary to any measure taken for its protection.

D) The Salary Deduction Penalty is warranted by the following acts:
1) Disclosing, without authorization, statements made and decisions taken in University bodies, with the intent of provoking action against such bodies or their members.
2) Failing to return, within the specified period, institutional vehicles, tools, documents, and similar items, despite the end of one's duties and a written request from the institution.
3) Using resources, spaces, facilities, and devices provided or allocated for one's duties for purposes other than intended.
4) Making unfounded, unwarranted, and deliberate accusations of wrongdoing.
5) Unlawfully and intentionally accessing or remaining within all or part of the institution's information system.
6) Assisting in the unauthorized use of any place within the boundaries of the place of duty for meetings, ceremonies, or similar purposes, or using or allowing such use.
7) Printing, reproducing, distributing, or displaying any prohibited publication.

E) Without prejudice to the just cause termination grounds arising from the Labor Law, the Termination Penalty is warranted by the following acts:
1) Misleading the employer, at the time the employment contract was concluded, by claiming to possess qualifications or conditions required for an essential element of the contract that one does not in fact possess, or through untrue information or statements.
2) Making statements or engaging in conduct that offends the honor and dignity of University administrators, employees, or a member of their families, or making false and dishonoring reports or accusations about them.
3) Engaging in conduct incompatible with honesty and loyalty, such as abusing trust, committing theft, or disclosing the University's commercial and technical secrets.
4) Committing, at the workplace, an offense punishable by imprisonment of more than seven days where the sentence is not suspended.
5) Failing to report to work for two consecutive business days without permission or just cause, or twice within a month on the business day following any holiday, or for three business days within a month
6) Persistently refusing to perform duties one is obligated to perform, despite being reminded to do so.
7) Endangering the safety of the work through willful conduct or negligence, or causing damage or loss, to a degree that cannot be compensated by the amount of thirty days' wages, to machinery, fixtures, or other property or materials belonging to the workplace or otherwise in one's possession
8) Deliberately failing to fully and promptly carry out orders and duties given, failing to comply with the procedures and principles determined by the institution at the place of duty, and failing to protect, maintain, or properly use official documents, tools, and equipment related to one's duties, or misusing them.
9) Making false or incorrect statements, on matters related to one's duties, to persons to whom one is obligated.
10) Using, for personal benefit, information and secrets obtained by virtue of one's position and duties within the institution, even if not belonging to the institution; using such information for the benefit or detriment of relevant parties or third parties; or disclosing it to persons other than those legally authorized.
11) Providing untrue and misleading information or drawing up untrue and misleading documents.
12) Using, or allowing the use of, official institutional documents, tools, equipment, and similar items to secure a personal benefit for oneself or another.
13) Creating the impression, at the time the contract was concluded, that one possesses the qualifications or conditions required for an essential element of the contract, by claiming to possess them or by providing untrue information or statements, when in fact one does not possess them.
14) Committing physical assault or sexual harassment against employees, students, visitors, or third parties providing services within the University.
15) Engaging in disgraceful and shameful conduct of a nature and degree incompatible with public service.
16) Discriminating on the basis of language, race, sex, or philosophical belief in the performance of one's duties, or engaging in conduct aimed at benefiting or harming particular individuals.
17) Sharing any personal data in violation of Law No. 6698 on the Protection of Personal Data.
18) Abusing one's duties and authority to secure unjust gain for oneself or third parties.
19) Using, possessing, supplying to others, encouraging the use of, selling, or facilitating the sale of narcotic substances or other stimulant substances classified as narcotics.
20) Unlawfully and intentionally accessing or remaining within all or part of the institution's information system, outside the scope of one's duties.
21) Unlawfully obtaining, recording, using, storing, distributing, altering, or destroying the institution's data.
22) Being a member of, or having contact or affiliation with, illegal terrorist organizations.

F) If the act constituting the disciplinary offense has also caused material damage, in addition to the imposition of a disciplinary penalty, a decision is made requiring the personnel under investigation to compensate for the damage caused. The amount to be compensated is deducted from the employee's salary or other receivables. If the damage caused by the employee reaches the amount specified in Article 25-II-(ı) of Labor Law No. 4857, the just cause termination provisions apply to the employee.

G) If the act constituting the disciplinary offense also falls within the scope of an offense under the Turkish Penal Code, a criminal complaint is filed with the Public Prosecutor's Office.


Unforeseen Disciplinary Offenses
ARTICLE 10 – (1) The same type of disciplinary penalty is imposed, by analogy, on those who engage in acts similar in nature and severity to the acts and conduct listed above as warranting a disciplinary penalty.

Authority to Impose Disciplinary Penalties:
ARTICLE 11 – (1) The warning and reprimand penalties are imposed by the disciplinary superior; the seniority suspension, salary deduction, and termination penalties are imposed by the disciplinary board. In the event that one of the just cause termination grounds listed in Labor Law No. 4857 occurs, the Rector may exercise the authority to terminate without a Disciplinary Board decision.

Procedures and Principles to be Followed in Appointing an Investigator
ARTICLE 12 – (1) The disciplinary superior may conduct the investigation personally, or may appoint an investigator from within the unit, or a
commission, to conduct the investigation. However, where necessary, an investigator may be requested from other units through the Rectorate.
(2) If the disciplinary superior initiating the investigation appoints an investigator, they serve the investigator with a duly issued investigation order in the form of an assignment letter that clearly specifies the subject of the investigation (place, person, date, and incident, etc.), the person against whom the investigation will be conducted, and the identity of the investigator.
(3) The person to be appointed as investigator must be of equal or higher rank and grade than the personnel under investigation.
(4) A person who is the victim of the act under investigation, who has a conflict with the person under investigation, or against whose impartiality there are serious allegations, may not be appointed as investigator.
(5) The investigator must have no direct connection to the matter, must not have suffered harm or gained benefit from the act, and must be selected from among persons who are knowledgeable and experienced on the subject, trained in the field for matters requiring expertise, and who will act impartially and objectively.

Procedures and Principles to be Applied by the Investigator
ARTICLE 13 – (1) The investigator shall comply with the procedures and principles set out below:
a) The investigator examines the matter under investigation, establishes the allegations, gathers all evidence relating to the matter, hears witnesses, requests documents, and obtains the defense/statement of the personnel accused, within a period of not less than 7 (seven) days.
b) The investigator comprehensively obtains the statements of the victim or informant regarding the employee's disciplinary offense, as well as the statements of all witnesses with direct knowledge of the matter, having the witnesses take an oath.
c) All statements taken must be in writing and bear the signatures of the person taking the statement, the person giving it, and the clerk, if any.
ç) Certified copies of all documents constituting evidence relating to the act subject to the disciplinary offense are attached to the disciplinary investigation file.
d) The investigator must prepare an investigation report and, in the conclusion of the report, propose a penalty by specifying the applicable article and subparagraph.
e) The investigator completes and submits the investigation within 60 (sixty) days from the notification of the investigation assignment order by the disciplinary superior. The investigator may request an additional period of up to 30 (thirty) days, provided a justification is given.

Principles concerning the conduct of disciplinary proceedings
ARTICLE 14 – (1) The procedures to be followed, starting from the occurrence of a situation warranting a disciplinary penalty through the imposition of the penalty, its finalization, and the subsequent actions to be taken, are explained below:
a) An act constituting a disciplinary offense is learned of by the disciplinary superior personally, during inspections, or through various means such as complaints or reports, and is notified to the disciplinary superior in writing.
b) The investigation may be conducted personally by the Disciplinary Superior, or an investigator may be appointed.
c) The personnel subject to the disciplinary investigation, witnesses, and the complainant are summoned by the investigator to give their oral statements, which are taken and recorded in a report.
ç) The investigator prepares a disciplinary investigation report, accompanied by a document index, and sends it to the Disciplinary Superior.
d) The Disciplinary Superior decides personally on acts warranting a warning or reprimand penalty; if the act warrants a more severe penalty, the investigation file is sent to the Chair of the Disciplinary Board.
e) The Disciplinary Board requests the final defense of the personnel accused within a period of not less than 7 (seven) days.
f) The meeting held by the Disciplinary Board is recorded in minutes. The investigation file, together with the reasoned decision issued regarding the investigation, is sent to the Department of Personnel.
g) The reasoned decision on the disciplinary penalty is notified to the relevant employee by the Department of Personnel within 3 (three) business days at the latest.
h) All notifications within the scope of the disciplinary investigation are made through the University's Electronic Document Management System, by hand delivery against signature, electronically to the employee's institutional e-mail address, or in writing to the address the employee has notified to the institution.

Matters to be Taken into Consideration When Imposing a Disciplinary Penalty
ARTICLE 15 – (1) Consideration of Good Conduct: Where deemed appropriate by the Disciplinary Superior or the Disciplinary Board, a penalty one degree lighter may be applied for personnel with a clean prior disciplinary record within the institution.
(2) Recurrence:
a) If an act that previously resulted in a disciplinary penalty recurs within the period during which finalized penalties are retained in the personnel file, a penalty one degree more severe is applied.
b) On the second imposition of disciplinary penalties warranting the same degree of penalty but arising from separate acts, a penalty one degree more severe is imposed.
(3) Where the act constituting the disciplinary offense warrants more than one penalty, the more severe penalty is imposed.

Statute of Limitations
ARTICLE 16 – (1) With respect to persons who commit the acts and conduct listed in this Directive, from the date on which the commission of such acts and conduct is learned of by the Disciplinary Superior;
a) Within one month for acts warranting a warning or reprimand penalty,
b) Within six months for acts warranting a seniority suspension, salary deduction, or termination penalty
if a disciplinary investigation is not initiated, the authority to open a disciplinary investigation becomes time-barred.
(2) In any event, if a disciplinary penalty is not imposed within two years of the date on which the act warranting the penalty was committed, the authority to impose the penalty becomes time-barred.

Implementation
ARTICLE 17 – (1) Disciplinary penalties take effect as of the date they are imposed.
(2) Disciplinary penalties imposed are notified to the Department of Personnel by the Disciplinary Superior or the Disciplinary Board. The Department of Personnel then notifies the relevant unit and, if any, the complainant of the penalty imposed.
(3) After the disciplinary penalty corresponding to the act of the person under investigation is imposed, the decision is notified to the employee by the Department of Personnel, and the original investigation documents are retained by the Department of Personnel.
(4) An employee given a seniority suspension penalty may not receive awards, seniority, or promotion for a period of 1 (one) calendar year from the imposition of the penalty.
(5) Those given a salary deduction penalty may not be appointed to managerial or senior managerial positions such as manager or department head.
(6) Those given a termination penalty may not be employed at the University again.
(7) Warning and reprimand penalties are automatically expunged 5 (five) years after their application; other penalties may, after this period has elapsed, be requested to be expunged from the personnel file by the person concerned applying to the appointing authority. If the conduct of the person concerned during this period is found to justify the request, the request is granted.

Objection to a Penalty
ARTICLE 18 – (1) The person under investigation may object to the disciplinary penalty imposed on them within 7 (seven) days. Penalties not objected to within this period become final.
(2) Objections to warning and reprimand penalties are made to the relevant unit's disciplinary board, and for more severe penalties, to the University Board of Directors.
(3) Legal action may be pursued against disciplinary penalties imposed without first filing an objection.

Objection period and procedure to be followed
ARTICLE 19 – (1) In the event of an objection, the objection authorities must render their decision within 60 days of receiving the objection petition, the investigation file, and other relevant documents.
(2) The objection authorities may uphold the penalty imposed as is, mitigate it, or annul it entirely.

PART FOUR
Final Provisions

Cases Not Covered by These Principles
Article 20 – In cases not covered by this Directive, the provisions of the IZU Personnel Directive, the employment contract and its annexes, and Labor Law No. 4857 apply.

Entry into force
ARTICLE 21 – (1) This Directive enters into force by decision of the Istanbul Sabahattin Zaim University Senate.

Execution
ARTICLE 22 – (1) The procedures and principles set out in this Directive are executed by the Rector of Istanbul Sabahattin Zaim University.