RIYADH — The Administrative Court of Appeal under the Board of Grievances in the Makkah region overturned a university’s decision to suspend two semesters of a student.
The court affirmed that disciplinary decisions against university students are subject to judicial review to verify the validity of their grounds and the substantiation of the alleged violations.
The case arose from a lawsuit filed by a student challenging his university’s decision to suspend him for two semesters. The suspension followed a complaint he had filed against a course instructor, accusing him of inappropriate conduct. The student sought the annulment of the disciplinary action.
The court examined the grounds for the university’s decision and the facts upon which it was based. It determined that the student’s complaint against the course instructor did not constitute sufficient grounds for the alleged violation. Accordingly, the court found that the disciplinary decision lacked sufficient grounds, noting that the validity of the grounds and the substantiation of the alleged violation constitute fundamental guarantees for the legitimacy of administrative and disciplinary decisions.
The Administrative Court of Appeal ultimately overturned the decision in question, thereby affirming the importance of basing disciplinary penalties on established and valid grounds and subjecting administrative decisions to judicial review to ensure the protection of rights and the achievement of justice.
Commenting on the verdict, lawyer Bashayer Al-Azma said that administrative courts are competent to adjudicate specific cases, including lawsuits to annul final administrative decisions submitted by concerned parties, whenever the basis of the appeal is lack of jurisdiction, the existence of a defect in the reason, violation of regulations and bylaws, error in their application or interpretation, or abuse of power. This includes disciplinary decisions, decisions issued by quasi-judicial committees and disciplinary boards, as well as decisions issued by public benefit associations – and the like – related to their activities.
Source: Saudi Gazette