SHOULD THE IDENTITY OF THE PERSON WHO NOTIFIES THE HIGHER EDUCATION INSTITUTION REGARDING THE COMMISSION OF AN ACT THAT MAY CONSTITUTE A DISCIPLINARY MISCONDUCT BE REVEALED?
DOI:
https://doi.org/10.18662/jls/15.3-4/71Keywords:
abuse, child pornography, minority, minor-victim, minor-offender, human rightsAbstract
From the perspective of guaranteeing the right to defence to the person in question, we believe that the higher education institution, through the persons involved in the disciplinary activity and those who have access to the resulting documents has no obligation to keep confidential the identity of the sender of the complaint to the one indicated in the complaint (as being the one who would have committed an act that could constitute a disciplinary misconduct).
Thus, de lege ferenda, we propose that the complaint in its entirety be communicated to the person in question and the identity of the person who notifies the higher education institution regarding the commission of an act that may constitute a disciplinary misconduct be recorded in the final report of the Review Commission to be attached, as appropriate, to the sanctioning decision.
The arguments that support the above are detailed in this material, using as well already regulated best practice models.
Thus, we believe that it will prove useful in the academic environment and will discourage those under the protection of "anonymity" to act even in bad faith.
References
Ţiclea, A, Georgescu, L, Duţu, A.O. (2020), Codul muncii. Legislaţie conexă. Comentarii. Jurisprudenţă, Universul juridic Publishing House, Bucharest;
Ștefănescu, I.T. (2017), Tratat teoretic și practic de drept al muncii, 4th Edition, Universul juridic Publishing House, Bucharest.
Decision of the Constitutional Court no. 95/2008 (published in the Official Gazette no. 153 of February 28, 2008).
Law no. 53/2003 – Labor Code, republished, with modifications and completions, in Romania’s Official Monitor, Part I, no. 315 from 10th of April 2017, subsequently amended;
Law no. 1/2011 of the national education, published in the Official Gazette no. 18 of January 10th, 2011, subsequently amended.
G.D no. 1.344/2007 regarding the norms of organization and operation of the disciplinary commissions, published in the Romanian Official Gazette, Part I, no. 768 of November 13th, 2007, subsequently amended.
E.O. no. 57/2019 - Administrative Code, published in the Romanian Official Gazette, Part I, no. 555 of July 5th, 2019.
G.O no. 27/2000 regarding the regulation of the activity for the settlement of petitions, published in the Romanian Official Gazette, Part I, no. 84 February 1st , 2002, subsequently amended.
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