The articles of the bill amending the Higher Education Law and certain other laws, passed by the Turkish parliament, introduce a range of new regulations from student amnesty and sanctions on foundation universities to penalties for academic fraud and the establishment of overseas campuses.
Extra exam rights for students exceeding the maximum study period
Under the bill, final-year students, excluding the internship period, who have exceeded the maximum study period will be granted two additional exams or a retake opportunity for all theoretical and practical courses they have failed or not taken. Those who have passed theoretical or practical courses but have not started, completed, or failed the practical training or internship will also be given the chance to complete these trainings. However, intermediate-year students who have exceeded the maximum period will not benefit from the extra exam right. The authority to determine the procedures for practical training and internship will rest with the Council of Higher Education (YÖK).
New principles in disciplinary investigations
Taking into account the Constitutional Court's annulment decision, the procedures and principles regarding disciplinary investigations are being reorganized. The investigator will clearly state the allegations in the invitation to give a statement and grant a period of no less than 7 days. In the invitation to submit a defense, the act subject to the proposal and the envisaged disciplinary penalty will be notified; if no defense is made within the given time, the right to defense will be deemed waived. Additionally, the person under investigation will be granted the right to examine the investigation file before submitting a defense.
Additional payments for medical specialists and joint research centers
The additional payment ceiling rates for faculty members and research assistants with subspecialty training are being aligned with their counterparts in the Ministry of Health. Academic staff assigned to joint research centers will continue to benefit from additional payments in proportion to their contribution to the revolving fund activities at their own universities. Durable goods purchased from project revenues will be recorded in the inventory of the coordinating university, and the joint management board will decide to which institution they will be transferred upon project completion.
Strict oversight of foundation universities
Administrative sanctions against foundation higher education institutions are being gradually increased. Depending on the severity of the acts and transactions, measures such as warning, suspension of requests to open new programs, restriction or halt of student intake, temporary suspension of the operating license, and ultimately revocation of the operating license may be applied. If the reasons leading to the temporary suspension of the operating license are not resolved within 3 years, or if the financial structure deteriorates to the extent that educational activities cannot be sustained, the foundation university's operating license will be revoked and it will be transferred to the guarantor university or a state university in the same province. During the transfer process, the educational costs of students will be covered by the transferred student fees and the guarantee account, and no public funds will be used.
New powers for technology transfer offices
Higher education institutions may transfer the ownership of service inventions under the Industrial Property Law to Technology Transfer Offices (TTOs), with the costs covered by the TTO's capital. The TTO will pay one-third of the income from registered rights to the relevant university's revolving fund, at least one-third to the inventor, and the remaining amount will stay with the TTO. Multiple universities may establish a joint office, and the office may invest its equity or revenues in the commercialization of inventions or form partnerships with companies.
Era of overseas university campuses
State higher education institutions will be able to open campuses, academic units, and programs abroad by presidential decree. Academic and administrative staff to serve in these units may be assigned from their own university or other higher education institutions in Turkey, or may be employed locally on a contractual or hourly basis. The account and spending procedures for revenues from overseas activities will be determined by the relevant university, with the approval of the Ministry of Treasury and Finance and the Presidency of Strategy and Budget.
Severe penalties for academic fraud
One of the most striking articles of the bill includes sanctions against those who obtain academic degrees or titles through works such as theses, articles, books, or projects that are not based on personal effort and accumulation but are written by others. Those who use such works will be dismissed from the university teaching profession and the degrees and titles obtained will be revoked. Individuals who produce, create, or mediate such publications or works on behalf of others will be sentenced to a judicial fine of 5,000 to 10,000 days. If the act is committed by persons who have made it a profession, the fine will be no less than 10,000 days and no more than 20,000 days. Similarly, those who obtain diplomas or titles by using such works will also face a judicial fine of 5,000 to 10,000 days.
Furthermore, those who act on behalf of an educational institution abroad and open or run associate, undergraduate, or graduate programs in Turkey in violation of the legislation will be punished with imprisonment of 2 to 4 years and a judicial fine of 100 to 1,000 days. The same penalties are stipulated for those who open or operate a higher education institution in violation of the legislation. Those who promote prohibited institutions and acts will face imprisonment of 1 to 3 years and a judicial fine of 50 to 500 days. Those who issue or procure fake diplomas, graduation certificates, or certificates will be tried under the Turkish Penal Code's provision on 'forgery of official documents'.
Additional time for medical faculties to build hospitals
Medical faculties of foundation universities that do not have their own hospital and are unable to start or complete construction due to compulsory reasons such as zoning annulment or judicial process are granted an additional 30 months. At the end of this period, students of faculties that fail to meet the necessary conditions will be transferred by YÖK to the guarantor university or a designated state university.
During the debates in the General Assembly, one article was removed from the bill following a motion by the AK Party. Discussions on the remaining articles are ongoing.
