STATUS NORMATYWNY PRZEWINIENIA DYSCYPLINARNEGO MNIEJSZEJ WAGI W REŻIMIE ODPOWIEDZIALNOŚCI DYSCYPLINARNEJ NAUCZYCIELA AKADEMICKIEGO
THE NORMATIVE STATUS OF A MINOR DISCIPLINARY OFFENCE IN THE REGIME OF DISCIPLINARY LIABILITY OF AN ACADEMIC TEACHER

Summary/Abstract: The subject of the analysis in the article is the issue of a disciplinary offence of minor impor-tance of an academic teacher, and the fundamental research problem concerns the normativestatus of this legal construction. In particular, the author aims to determine whether the in-stitution of minor offence is an element of the structure of the sanctioned norm in academicdisciplinary law, or whether it is related to the principles of assessment of punishment. The con-siderations are conducted based on the conjugated norms theory derived from criminal law andthe five-element structure of the disciplinary offence. In this respect, an approach which hasnot yet been considered in detail in the doctrine is proposed, since it applies the achievementsof criminal law methodology to the structure of a disciplinary offence. The conducted analysisverified the validity of the claim that an incident of minor importance constitutes a privilegedtype of disciplinary offence of an academic staff member, despite the lack of statutory typifica-tion of this legal construct.

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