How to avoid expulsion from university. The procedure for expelling students for academic failure

Dismissing a student from an educational institution is a complex process. This causes a large number of problems for both the student and the management of the educational institution. There are a variety of reasons why a student may be expelled. This is often due to the student's academic failure, non-payment of fees or lack of attendance. In addition, the student can stop studying at this educational institution on his own initiative. The procedure for expelling a student from a university depends on the specific case.

Why can a student be expelled from a university?

The Federal Law on Expulsion from an Educational Institution states that if a student does not comply with the rules of the university, he has the right to be expelled from the educational institution.

Reasons for deduction:

• Violation of norms of behavior in educational institution, as well as non-compliance with general order;
• Falsified documentation was submitted upon admission;
• Violation of payment terms for studies. In this case, after the student pays the debt, he has the right to continue his studies;
• Inappropriate behavior towards other students or teachers;
• Frequent absenteeism, as well as poor academic performance, are the most common grounds for expulsion;
• At the end of the academic leave, the student did not show up for classes;
• Consumption of prohibited foods or drinks on the territory of the educational institution;
• The student came to the university under the influence of drugs or alcohol.

Non-attendance

The legislation of the Russian Federation does not provide for punishment in the form of deductions for non-attendance. However, each educational institution has an internal Charter, which states that absenteeism can be regarded as failure, for which the university has the right to expel. The charter contains information about the acceptable percentage of non-attendance, often from 3 to 5.

It should be noted that if the reason for absenteeism is valid, the student has the opportunity to avoid expulsion. However, he will need to prove this with documentation.

Failure to achieve

Academic failure is a student's failure to complete curriculum on passing the session and passing certifications.

A student is expelled for poor academic performance in the following cases:

• Did not pass exam paper in three subjects during the session;
• If the student does not pass the exam with a positive mark after the second retake;
• When transferring to another faculty, he failed to pass the required subjects;
• Failed to repay the debt within the time period specified by the educational institution;
• Did not pass one of the certification papers;
• The student was unable to cope with the study plan presented by the university;
• Couldn't cope with practical part training and did not submit the required reports on it.

Valid reasons for expulsion from the university

In addition to unexcusable reasons for expulsion, there are also valid ones, which, when expelled, do not affect the reputation of the student and the educational institution.

List of valid reasons for expulsion:

• Student's wish. If the student has decided that he no longer wishes to receive an education, or the need to complete his studies is related to family circumstances, he should fill out an application addressed to the rector;
• The student was drafted into the army. If a university is implementing a program to gain knowledge in the field of military training, the student has the opportunity to continue receiving education in his specialty, combining the main faculty with military courses. As a result of this, the student receives a rank and is exempt from military service;
• Transfer of a student to another educational institution. There are situations when a student realizes that he has chosen the wrong profession. As a result, he wants to transfer. To do this, they fill out an application addressed to the rector;
• Based on medical report. If due to health conditions the student is unable to continue studying. However, this must be confirmed by the conclusion of a medical advisory commission.

Deduction procedure

Deduction procedure:

• Employees of the faculty dean's office draw up a document indicating the student's desire to stop studying, as well as the reason and date;
• Next, the order is sent to the rector for signature. This should be done within three days;
• After this, dean’s office employees must send the report to the HR department;
• The student of the educational institution must familiarize himself with this document and also sign to confirm familiarization;
• In addition, the student is required to sign and present to the dean’s office a bypass sheet, the contents of which include the following: library, contract department, dean’s office, methodologist, dormitory commandant. After affixing all the necessary signatures and seals, the student will be able to pick up the originals of their documents.

The deduction procedure is completed by issuing an order. To draw up an order correctly, you need to familiarize yourself with the structure of filling out the document:

• The full name of the educational institution and location (city) are indicated;
• Name and serial number of the document;
• Personal information about the student;
• Name of the faculty and specialty of the student citizen;
• The form in which the person received education;
• Budgetary or contractual basis of training;
• The main part of the order indicates personal data and course number;
• The reason on which the student is expelled from the educational institution;
• The article of local regulations in accordance with which the deduction process is implemented is indicated;
• At the end of the order, the signatures of the dean of the faculty, the head of the educational department and the vice-rector for educational and organizational affairs are affixed.

How to appeal the rector’s order on expulsion from the university?

There are often situations when illegal expulsion is made against a citizen receiving education at an educational institution. If there are legal grounds, the student has the right to cancel the expulsion order.

Reasons for deduction:

• Availability of valid reasons for skipping lectures, not passing the session;
• Expulsion for a student who is on sick leave, on maternity leave or during the holidays is unacceptable according to;
• A citizen undergoing training has the right to appeal against exclusion from an educational institution if a violation of the expulsion procedure is discovered. For example, if a student does not close the session, and a retake guaranteed by law is not provided, he has the right to declare a violation of his rights;
• The student has the opportunity to challenge the expulsion if the university management did not notify the student of the expulsion;
  It is possible to appeal an illegally issued expulsion order if the citizen’s complaint addressed to the rector was not taken into account;
• If the period during which the student can be applied disciplinary punishment, was passed. The designated period is one month from the moment the official learned of the fact of the offense.

If one of the specified grounds is present, the student has the right to challenge the exclusion.

1. You can try to return to the same course and semester from which you were expelled, if local regulations of the university allow this. However, on this moment The practice is that universities reinstate students if they give up, but only on a paid basis. Personal advice from me: let the student sign up with the dean and convince him that no more tails will be allowed on his part, this once helped my friend, he passed the tails and was reinstated to the same course from which he was expelled.
2. Deduct by at will It’s possible, but it’s unlikely that another university will hire you on a budget right away. In our university, in such cases, students from certain categories were immediately taken on the budget, for example, the disabled group. And the rest were transferred to the budget after the end of the 1st academic year, based on the results. Simply put, if your child is reinstated at another university and studies for a year with excellent marks, then he will be transferred to the budget. And they can take him to the same course from which he was expelled at another university. It all depends on the curriculum of the educational institution.
3. I recommend taking academic leave only if the child has decided to prepare well for passing the exam at the same university and recover there. But again, he will not retain a budget place, since the reason for expulsion is not valid. And academic leaves are usually given for good reasons. For example, illness, child care, etc. That is, it needs to be documented.
4.According to
Article 62. Reinstatement in the organization carrying out educational activities
1. A person expelled from an organization carrying out educational activities, on the initiative of the student, before completing the development of the main professional educational program, has the right to reinstatement for study in this organization within five years after expulsion from it if there are free places in it and maintaining the same conditions of study, but not earlier than the end of the academic year (semester) in which the specified person was expelled

That is, you need to wait until the end of the semester.
5. You can transfer immediately if another university agrees to take you.
6. About payment refund applicable
Article 32. The consumer’s right to refuse to fulfill a contract for the performance of work (rendering services)
[Law of the Russian Federation “On the Protection of Consumer Rights”] [Chapter III] [Article 32]
The consumer has the right to refuse to fulfill the contract for the performance of work (rendering services) at any time, subject to payment to the contractor for the actual expenses incurred by him related to the fulfillment of obligations under this contract.

They will return, but not everything. If you deposit, for example, 50 thousand a year in advance, they will return 40-43.
7. The procedure for transferring from one university to another is carried out in accordance with Order of the Ministry of Education of the Russian Federation dated February 24, 1998 No. 501 “On approval of the Procedure for transferring students from one higher educational institution Russian Federation to another."
It is not prohibited to transfer students studying in the target field from one university to another.
You need to look at the terms of the contract for targeted training. It will be necessary to notify the “Customer” (the body that sent the child for education) about the transfer that has taken place. And first of all, find out the availability budget places, if at the time of transfer the student is studying on a budget basis.
8. Of course, expulsion due to transfer to another university is possible, but in your case it will be more likely expulsion for poor academic performance and reinstatement at another university.
zf.gturp.spb.ru/publ/obrazcy_zajavlenij/ob_otchislenii_v_svjazi_s_perevodom_v_drugoj_vuz/2-1-0-1
9. If you want to keep the deferment, urgently either reinstate yourself at the same university, but at a lower course, or at another university, but with the completion of your studies. There may be more tails because the curricula are different. Our university accepted students with 10 grades after the winter session, but with the condition of passing by the end of the academic year, that is, by the summer.
10. The following link is written about maintaining the deferment:
obrazor.ru/kak-sohranit-otsrochku-ot-armii/
From myself: Try to get reinstated at your university. Even if it’s paid training, there’s still a chance you won’t lose your deferment and still get a good education, since it will still be easier for the child to continue his studies at his university. You can transfer to the free one based on the results of the academic year. That's how I learned myself. True, I was not expelled, the 1st year was on a budget - with not very good results, the 2nd year was paid - because of the results of the 1st year)))) Well, for the 3rd year I returned to the budget)

This is a procedure that it is better to never go through, but, nevertheless, it is required to be well presented to each student. It should be noted right away that expulsion of a student is step by step process which must be carried out in accordance with current legislation. When making a decision to expel a student from the ranks of students, the rights and interests of both the citizen and the higher education institution must be taken into account.

The issue of expelling a student at the initiative of the administration of an educational institution is considered by a special educational commission.

There are several reasons why a student may be expelled from a university, which can be divided into two groups:

• The student’s own desire, which may be caused either by a transfer to another educational institution, or a decision to complete his studies, or other reasons;
• Initiative of the university management due to failure to implement the curriculum, including low academic performance or failure to eliminate current academic debt; gross violation of the provisions of the charter and rules internal regulations university; low class attendance without good reason; failure to appear for exams without reason. Also, failure to return from academic leave, gross disciplinary violations, as well as, in the case of studying on a commercial basis, arrears in tuition fees or violation of other terms of the contract by the student can serve as a reason for expulsion.

Let's now look at the mandatory procedures for expelling a student on the initiative of the university administration.

When a student is expelled for failure to complete the curriculum or for academic failure at the initial stage, the dean of the faculty prepares a reasoned proposal for the student’s expulsion, indicating the reason for the expulsion and the date of expulsion, which is signed by the rector (vice-rector) within 3 days and transferred to the student personnel department for issuing an order of expulsion. The student must be familiarized with the submission upon signature.

The expulsion of students for violation of duties stipulated by the internal regulations and other gross disciplinary violations is determined by the procedure for applying measures to students and removing them from students, adopted on March 15, 2013 disciplinary action.

According to this procedure, before applying a disciplinary measure, the university administration must request a written explanation from the student. If after three school days the student has not provided the specified explanation, then a corresponding act is drawn up. It should be taken into account that the refusal or evasion of the student from providing them with written explanation is not an obstacle to his expulsion from the university. The expulsion order contains the following entry: “expelled from the student body (indicate full name), course number, specialty, form of study” and the basis and date of expulsion are stated.

Next, the student should sign the bypass sheet. This will require visiting several services of the educational institution, including the utility block, library, etc. Only by presenting a signed bypass sheet will the student be able to receive back the original documents on basic education (usually a certificate of complete secondary education). The record book is also handed over by the student and, together with an extract from the expulsion order, is stored in the archives of the educational institution.

In addition, a former student can write an application to receive a standard certificate of study at a university (academic certificate), which records the fact of unfinished higher education.

In the event that a student for some reason cannot appear for documents, this can be done by an authorized representative (with a notarized power of attorney) or his legal representative (if the student has not reached the age of majority).

Federal Law dated December 29, 2012 No. 273-FZ “On Education in the Russian Federation” (hereinafter referred to as the Law on Education), the basis for termination of educational relations is an administrative act of an educational organization on the expulsion of a student from it. If an agreement on the provision of paid educational services has been concluded with a student or parents (legal representatives) of a minor student, in the event of early termination of educational relations, such an agreement is terminated on the basis of the specified administrative act. The rights and obligations of the student provided for by the legislation on education and local regulations educational organization, terminate from the date of his expulsion from this organization.

The legislation also does not contain a ban on canceling the order to enroll a student. In the case under consideration, if this approach is chosen, the order of enrollment is subject to cancellation in the part relating to the relevant student. In this case, the rules on the invalidity of transactions established by § 2 of Ch. 9 of the Civil Code of the Russian Federation. It should be taken into account that according to general rule clause 1 art. 168 of the Civil Code of the Russian Federation, a transaction that violates the requirements of the law or other legal act, is contestable (and not void), that is, invalid due to its recognition as such by the court (clause 1 of Article 166 of the Civil Code of the Russian Federation). The same provisions are provided by law for transactions made under the influence of a material misconception (Clause 1 of Article 178 of the Civil Code of the Russian Federation).

In accordance with paragraph 2 of Art. 167 of the Civil Code of the Russian Federation, if the transaction is invalid, each party is obliged to return to the other everything received under the transaction, and if it is impossible to return what was received in kind (including when what was received is expressed in the use of property, work performed or service provided) to reimburse its value. Taking into account the foregoing, as well as the fact that educational services were actually provided to the student, the funds paid by him for the period preceding the termination of the educational relationship are not refundable. At the same time, there are also no legal grounds for collecting any money from the expelled person in this case.

Termination of educational relations on the basis in question (Clause 2, Part 2, Article 61 of the Education Law) is the result of initially dishonest actions on the part of a person intending to enroll in education. Consequently, the educational relations themselves in this case arose in violation of both the special requirements of the legislation on education and the principle of good faith (Clause 3 of Article 1 of the Civil Code of the Russian Federation).

The named person, if he studied at the expense of budget funds, can theoretically be sued for the recovery of unjust enrichment (Article 1102 of the Civil Code of the Russian Federation). The plaintiff can be either the educational organization itself or the corresponding public legal entity (Russian Federation, subject of the Russian Federation, municipality). In the latter case, a claim in the interests of a public legal entity may be brought by the prosecutor (Article 45 of the Code of Civil Procedure of the Russian Federation). At the same time, it should be taken into account that the judicial practice on this issue currently unknown.

Thus, if the expelled person (the person whose enrollment order was cancelled) studied on a contractual basis, there are no grounds for collecting money from him. If this person studied at the expense of budget funds, then, in principle, it is possible to recover unjust enrichment from him.

Obtaining a higher education is by no means an easy task, requiring students to spend maximum time and concentration on many aspects of their future specialization. At the end of the semester, new barriers of problems await the student and the session is approaching. And a huge number of things can prevent you from passing the exam: illness, stress, too strict teachers, and ultimately, your own laziness. The only consoling thing in this situation is recovery. How to reinstate yourself at a university after expulsion and get back into your normal routine

What does the legislation of the Russian Federation say on this issue?

In accordance with paragraph 2 of article 61 federal law, pedagogical relationships can be completed before the agreed time in the following options (at the initiative of the university implementing educational activities):

• if expulsion of the student was a last resort disciplinary measure;
• if the applicant has repeatedly failed to fulfill obligations under a specialized educational program to master the material and implement the curriculum;
• in case of disclosure wrong order enrollment in an educational company, which, through the fault of the student, resulted in his illegal training.

Can the student recover?

Is it possible to be reinstated at the university after expulsion? The Federal Law of the Russian Federation notes that a student expelled from a university, for example, for poor academic performance, at the initiative of the student before completing the course of study of the main specialized educational program, has the right to be reinstated to study at his university within 5 years after expulsion, subject to availability of places in the department and with the preservation of the previous status of the university, but not until the end of the academic year (semester) in which the noted person was expelled.

How to reinstate yourself at the institute after expulsion as a part-time or full-time student? As a result, if the expulsion was made at his own request or for a good reason, for example, for health reasons, the student can resume studies within 5 years after expulsion at the previous educational base. This is how you can be reinstated at the university after expulsion.

Expulsion from the university for good reason

To begin with, it is worth noting that the previously mentioned article of the federal law does not regulate what reasons can be considered valid or disrespectful; this point is completely left to the decision of the university.

The student can be reinstated within five years after expulsion. But we're talking about, of course, not about all cases. Only those students who were expelled of their own free will or for a compelling reason can be reinstated. These usually include:

1. State of health, complications after illnesses. For example, a student may drop out due to the need to undergo long-term rehabilitation treatment.
2. A similar prerequisite may be caring for a relative who has health problems or a disabled person.
3. Now few educational institutions allow students to defer educational process. But military service can become good reason deductions.
4. Expulsion due to student pregnancy and caring for a newborn.
5. Unscheduled move to another locality indefinitely.
6. A long business trip may be considered a valid reason. After a business trip, the student can return to the university and continue his studies.

Expulsion from the university for no valid reason

How can those students whose reason for expulsion be reinstated at the university after expulsion be a decision of the administration of the educational institution? These good reasons include:

• multiple absences from lectures and practical classes;
• negative scores in the rating, debt in several disciplines;
• non-compliance the most important rules specified in the agreement with the university student.

In all of the above options, reinstatement of the student at the university is also possible, but most likely, such young people will study on a paid basis, since when expelled from the “budget”, the student is transferred to this place based on the rating point from a commercial basis. But if you wish, you can always go to the dean’s office and ask about the possibility of returning to the institute.

Reinstatement to continue studying at a higher education institution

Reinstatement in any educational institution, and it does not matter, technical school, school or college, is of an official nature. Therefore, you need to write an application asking for reinstatement in the ranks of students to the dean’s office.

It is necessary that the document be addressed to the rector, substitute rector or dean. The initials of the authorized person must be indicated in the header of your application. In addition, you need to write your details and the full name of the faculty, specialty or department to which you want to be reinstated.

Necessary documents for reinstatement to the department

To be reinstated at the university you must:

• present an identity card and copies of registration pages;
• certificate of previously obtained education (a certificate of incomplete HE received can be presented as such paper);
• student ID, any remaining academic documents;
• a certificate confirming the fact, date and reason for the student’s expulsion.

It is worth noting that when expelling, a student must write an honest reason why he wants to complete his studies early. The papers that the applicant will submit upon his reinstatement must specifically confirm this reason dropping out of school in the past. That is, it should not happen that a student stops studying due to the birth of a child, but notes on the reinstatement certificate because of health.

How can those who were forced to withdraw from school for a valid reason recover?

In this case:

1. If five years have not yet passed since the student was expelled, he must contact the department of his department.
2. If at the moment the faculty cannot provide a place for a recovering student, you can count on getting a place according to the rating list.
3. If, based on the results of the academic certificate, the student does not qualify for the allocated place, the dean’s office must provide another vacant place in a similar specialty.

How can those who were expelled for an unexcused reason be reinstated?

How to reinstate yourself in a university after being expelled for poor academic performance or refusing to study for another (unexcused) reason? For this case, a completely different algorithm is provided:

1. Depending on the situation and reasons for deduction, there are various ways and student reinstatement procedures. Therefore, first, representatives of the institute must find out for what reason he was removed from educational process a person who wants to reinstate himself as a student.
2. Further, if it turns out that reinstatement can be made, the applicant must write a statement addressed to the rector stating that he wants to study at the same faculty from which he was expelled.
3. The institute must obtain a list of documents that must be submitted within two weeks. Typically this list includes: passport, education certificate and academic certificate. The University has the right to request additional documents, determined depending on the situation.
4. The required list of documents and a personal statement must be submitted to the department department. Subsequently, the information provided will be reviewed by the commission. The decision to reinstate the student will be made within one week.
5. All that remains is to wait for the conclusion of the commission under the rector of the university.

In what period of time can a student be reinstated at the institute?

A student expelled from a university at his own request has the right to write an application to renew his status at the educational institution within two semesters. If there are differences in the courses and modules for which it can be restored, the procedure for enrollment is determined by the certification commission.

But how to reinstate yourself in college after being expelled for poor academic performance (in Russia)? An applicant expelled for academic failure has the right to return to his faculty only after a sessional period in which he must clear his existing debts with satisfactory scores.

Who makes the decision about restoration?

The reinstatement of persons previously expelled from the university is carried out at the institute by a specially formed commission, the members of which, the terms and mode of work are approved by the leadership of each faculty separately. The resumption of the curriculum for students is approved by order of the vice-rector of the institute, the basis is the protocol of the commission and the student’s appeal. The faculty administration has the right to admit the reinstated student to lectures by its own order until the approval of official permission, confirmed by the rector of the university.

What to do if reinstatement is denied?

If your home university refuses, after expulsion you can be reinstated at another university. To be able to submit documents to it, you need to get a copy of your grade book and a certificate of the period of study at the faculty from the dean’s office. How to reinstate yourself to another university after expulsion? The same as in your own: you need to collect documents and contact the dean’s office. The recovery procedure is exactly the same.