Alcances y límites del principio constitucional de autonomía universitaria en materia disciplinaria frente a estudiantes: análisis con el fin de determinar la proporcionalidad y adecuación de las sanciones

Abstract

The disciplinary law applied by the Higher Education Institutions seeks to guarantee the academic and institutional activity through the prevention and imposition of disciplinary sanctions to the members of the educational community, institutions in which the pedagogical purpose must predominate, always ensuring the compliance of the plans and programs developed under the fulfillment of the institutional vision and mission. With the imposition of disciplinary sanctions, it is possible that tension may arise between the principle of University autonomy as a guarantee and the fundamental Right to education, a tension that would be avoided if the educational institution at the head of the disciplinary authority applies the sub-rules gathered in this investigation, which seek to avoid the violation of one of them by protecting the other to the extreme, since both rights must be respected. The fundamental right to due process must be respected and guaranteed by the higher education entities in order to avoid the violation of the right to education, allowing entities not to incur in arbitrariness when imposing disciplinary sanctions to students, specifying in this work the aspects that these entities must take into account. Two disciplinary sanctions imposed on students by the Unidades Tecnologicas of Santander were analyzed in order to determine their proportionality and legality.