Learning ability is a possibility to perceive, acquire and accumulate knowledge, develop skills and capabilities (everyday, cultural, professional and others) in the goal-oriented training process; a possibility for professional study – ability to acquire theoretical knowledge and practical skills. Besides, this definition is also referred to student behavior to act without unreasonable damage for surrounding people and follow corresponding norms of behavior. If there are some doubts about student’s ability to study, the University acts within a certain procedure.
This procedure is applied to all enrolled students.
Who can initiate a procedure for checking students regarding their learning ability?
The procedure can be initiated by the following employees:
- Director of the institute, head of the department, or lecturer;
- Head of the legal department at the University;
- Disciplinary committee.
Why / How can one convene the University group aimed at study preparations?
Any above-listed person concerned that student’s behavior can seriously disturb the state of academic progress of this student or other persons will initially inform the director of the education and research institute where this student receives education. The director will try to solve the issue with all parties, including the student. If such resolution is impossible, the issue can be submitted for consideration to the Disciplinary committee according to the University procedure.
What will happen if the matter is submitted for consideration to the Disciplinary committee?
Disciplinary committee members will define whether to keep considering the matter according to the procedure or not.
When will I be informed of any ability preparation procedures related to me?
Any learning ability problems usually should be discussed with you, your supervisor or lecturer before submitting your case to University’s Disciplinary committee. If it does not happen, you will receive a letter about the procedure and will be offered to talk to your supervisor as soon as possible.
Should I take part in discussion?
If the case is subject to further consideration, one will arrange a meeting involving you. You will be informed of any meeting and will be able to invite somebody to support you. It can be your supervisor, lecturer or head of the Student Parliament. If you refuse to participate, the meeting will take place anyway.
How will the proceedings look like?
The proceedings will require all the details of corresponding circumstances. Therefore, other people can be invited. You will know who these people are, how the meeting will take place and what documentation will be considered. The session will allow you to talk to the committee and ask your questions. The committee can ask you several questions in order to make a proper decision.
What can be the result after the proceedings of the Learning ability group?
The results of stage 1 will help students to continue their study, or the matter will be shifted to stage 2. Some examples of the results:
- additional meetings with staff members of institutes or universities to discuss expectations about behavior or academic activities;
- additional learning skills or language sessions;
- mentoring, including specific mentoring to support disabled students in study management and general mentoring (mentoring should be conducted only by personnel rather than agemates);
- determination of the additional deadline for academic activities in order to comply with the official deadline;
- reconsideration of decisions;
- students do not contact and communicate with the specified staff members or students, or communicate or contact only with the specified staff members or students;
- prohibition on using certain university premises or facilities as it is clearly stipulated, for example, non-usage of certain premises outside of working hours or unsupervised.
Results of stage 2:
- to agree that the university does not take further actions;
- to approve the action plan with the student;
- to provide students with access to university premises and facilities under specific conditions;
- to give tips, including to the institute, and / or direct actions against the student that the Committee considers necessary;
- if it is referred to medical students, to submit the case for consideration according to the university’s professional suitability procedure;
- to submit the case for consideration according to the university’s disciplinary procedures;
- to suspend student’s training and define the minimum deadline required for the university to consider a readmission request and determine conditions, if any, that should be fulfilled before submitting a readmission request;
- to cancel student’s right to continue studies on the current course or on any other course offered by the university;
- to expel the student from the university.
Any decision will be delivered to you in a written form, explaining the decision and further steps available to you.
What should I do in case of disagreement with the decision?
Any reconsideration request should be submitted within 21 days from the date of receiving a notification of Committee’s decision. If you submit the request later, you have to explain why you fail to do it earlier. Out-of-time appeals are accepted only in exceptional circumstances.
Requests for reconsideration of Disciplinary committee’s decision about learning ability can be submitted on the following grounds and should contain documentary evidence:
- procedural illegal actions during consideration of student’s case;
- the Committee had prejudice;
- the decision was misinterpreted, as it was not accepted by any rational group with available evidence; and / or
- the availability of new material evidence, which was not available and / or provided for valid reasons during the first proceedings.
What should I do in case of dissatisfaction with consideration results?
To ensure proper conditions for implementing person’s right to study, the educational system has education ombudsman. The institute of education ombudsman is stipulated by Article 73 of the Law of Ukraine “On Education”.
Education ombudsman in accordance with his / her duties has the right:
- to consider appeals submitted by educational process participants and check facts presented there;
- to obtain from education institutions and education governance bodies information necessary to perform his / her functions, including information of limited access;
- to require officials and officers of public authorities, local government bodies, enterprises, institutions and organizations regardless of their property forms to review facts presented in the complaints submitted by education seekers;
- to involve counselors and advisors of education ombudsman, representatives of public authorities, local government bodies, associations of citizens, as well as experts, scientists and specialists, including on a contract basis, in request consideration;
- to analyze statutory compliance regarding educational process participants suffering from bullying, becoming its eyewitnesses or promoting bullying;
- following the results of request consideration and/or checks, to give tips to heads and/or founders of education institutions, education authorities, public authorities, local government bodies; to require them to stop violations and/or restoration of violated rights or legal interests of education seekers; to direct applications for carrying out official investigations to them; to inform law enforcement bodies of the revealed facts of law violations;
- without obstacles, to visit state authorities, local government bodies, education institutions of all levels without disturbing the educational process, as well as take part in the sessions of state authorities and local government bodies within its competences;
- to address state authorities, local government bodies, law enforcement bodies regarding the revealed facts of the violation of the human right to education and education legislation;
- to provide consultations to educational process participants;
- to present the interests of a person in court.
Education ombudsman activities are provided by the education ombudsman service:
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