Ethical Violation Review

In the associate professorship application process, one of the stages that will be examined is the Ethical Violation Review Stage.

Candidates can access information about their associate professorship application from our article, where we explain the associate professorship application process. The applications that pass all these stages positively result in the candidates being awarded the associate professorship title.

However, one of these stages, the ethical violation review stage, refers to the stage where it is examined whether the associate professorship application files, which meet the minimum application requirements, contain violations of scientific research and publication ethics regulated by the Interuniversity Board Scientific Research and Publication Ethics Directive. If the associate professorship application files violate the Scientific Research and Publication Ethics Directive, the associate professorship application will be rejected. Of course, we aim to explain this process in more detail. For example;

What is Ethical Violation?

If a member of the associate professorship application evaluation committee detects a violation of scientific research and publication ethics in the candidate’s associate professorship application, they report this to the Interuniversity Board (ÜAK) with a reasoned report and the work in question. Subsequently, the allegations and the documents in question are sent to the relevant scientific research and publication ethics committee by ÜAK, and until the investigation into the allegations is completed, no other action is taken regarding the associate professorship application – this process can sometimes be prolonged and cause both material and spiritual losses to the candidates.

Then, the file sent to the ethics committee is evaluated. If the allegations are concrete and in accordance with the directive, it is decided that there is no violation of ethics without further investigation, and after the decision, necessary information exchanges are made, and the associate professorship application process continues from where it left off. However, if the allegations are concrete and in accordance with the directive, a defense is requested from the candidate.

If the defense presented by the candidate or the candidate’s representative is capable of responding to the allegations and determining that the allegations are unfounded, it is decided that there is no ethical violation, and the associate professorship application continues with the work review stage. However, if the defense is not capable of responding to the allegations, if necessary, a new defense may be requested from the candidate, or the associate professorship application file may be sent directly to experts.

The application file and allegations sent to the experts are examined by the experts, and a decision is made. If this expert opinion is considered sufficient for the decision, the decision is made based on the expert opinion; if it is not considered sufficient, if necessary, a defense may be requested from the candidate, and the process may be followed again, or correspondence may be made with institutions and organizations, and if the responses from them are also considered sufficient, a decision regarding the allegation is made.

At the end of this process, if it is decided that there is no ethical violation, the candidate’s application continues from where it left off; if it is decided that there is an ethical violation, the candidate’s application is canceled, and necessary information exchanges are made.

It is possible to object to the decision made at the end of the process or to file a cancellation lawsuit. However, when the defense is requested from the candidate regarding the allegations, it is also possible for the candidate to use the right to defend against the allegations.

If we talk about the evaluation of associate professorship applications in practice, the incident proceeds as follows. If any of these acts are identified by the jury, this is reported to the relevant scientific research and publication ethics committee, and if it is decided that the act has been committed after an investigation as described above, the candidate’s application for associate professorship is canceled.

However, since acts that constitute violations of ethics are not always evaluated in the manner accepted by legislation and doctrine, or since incorrect evaluations can be made regarding the interpretation of candidates’ works, it is possible to prove the opposite of the claim that the candidate committed an ethical violation and prevent the candidates from bearing more burdens. In this regard, when candidates are asked for ethical defenses related to the allegations, it is possible to conclude the process with the acceptance of the defense by making necessary concrete explanations and presenting evidence by using legal regulations and judicial decisions. In this case, it is possible for candidates to continue their associate professorship application processes from where they left off without the need for any litigation process.

Sometimes, it is seen that these ethical defenses are not accepted by the Interuniversity Board, however, in these cases, it is also seen that the rejection of the candidates’ applications can be canceled by filing cancellation lawsuits against the actions taken, and in this regard, it is important to follow legal processes with legal support to prevent the loss of candidates’ efforts, to prevent negative impressions from forming around the allegations of ethical violations against the candidates, and to prevent time loss.

If you have any question about Ethical Violation Review, it would be beneficial for you to seek the assistance of a İzmir Turkish lawyer experienced in the field of construction law in order to reach remedies available to you.

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Att. Bilgehan DACİK

Att. Harun Ümit EREN

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