Boğaziçi University | Academics file a lawsuit over multiple votes

* Photo: Can Candan

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The academics of Boğaziçi University have filed a lawsuit and demanded the stay of execution of the decisions that were taken at the University Senate meeting on June 23, when the appointed university administration cast multiple votes to have the majority of votes.

CLICK - Appointed university administration elects member to executive board with multiple votes

The academics have indicated that a member was elected to the University Executive Board (UEB) in an undue and unlawful manner, a member was elected to the Executive Board of the University's Technology Transfer Office and decisions about the issues that are related to the university as a whole were taken at the related Senate meeting of the university.

Noting that all these actions were against the law and they have inflicted an irreparable damage on the university, the academics of Boğaziçi University have requested the reversal of the Senate decisions.

'Impossible to talk about a duly held meeting'

Speaking about the lawsuit and the process leading up to the judicial proceedings, lawyer Fırat Kuyurtar has indicated that "the decisions taken at the Senate meeting on June 23 were added to the unlawful actions that started to unfold with the appointment of Prof. Melih Bulu as the rector of Boğaziçi University by a Presidential decision on January 2."

Kuyurtar has said that "highly important decisions such as the election of a member to the UEB were taken at the meeting with the votes that were cast in an unlawful manner and considered to be valid."

'These are all extremely dubious'

According to the lawyer, "it is impossible to talk about a duly held Senate meeting during Melih Bulu's term in office."

Referring to the irregularities within this context by asking "What are these irregularities," Kuyurtar has explained them as follows:

"The establishment of the Faculties of Law and Communication, the appointment of Prof. Selami Kuran as a dean, the Senate representativeness of Dr. Muzaffer Eroğlu, who is a staff member of Kocaeli University, the appointment of vice rectors as acting administrators to several cadres and positions and the procedures of call, meeting and decision-making of the successive Senate meetings are extremely dubious."

Talking about the Senate meeting on June 23, the lawyer has noted that "while Muzaffer Eroğlu should not have been even allowed to attend the meeting, decisions were taken with the votes cast by him."

Kuyurtar has also noted that as per the Law 2547 on Higher Education, the appointment of acting administrators is only possible in the event of illness or other extraordinary situations or in the event that there are no qualified candidates for the position. The same law also says that such appointments shall be made only for limited periods of time such as 6 months.

"As a matter of fact, when what has been happening at Boğaziçi University in the last 7 months and the appointments and assignments that have been undertaken at the university in this period are considered, it is obvious that these procedures pertaining to the appointment or assignment are misused," lawyer Fırat Kuyurtar has explained, briefly adding the following:

'No such provision in the law'

On the other hand, regardless of whether it complies with the due procedure or not, there is no provision in the Law suggesting that except for the vote cast by a person as a full member, he or she can also cast votes on behalf of the position or positions that he or she represents as acting administrators.

"It is not possible to extend it by comparing it with other regulations or by interpretation. When the legal precedents and administrative practices are concerned, multiple votes cast by a single person is not the case.

"In fact, when the legal precedents are concerned, there is an emphasis on the fact that as a requirement of scientific and administrative autonomy, which is guaranteed by the Constitution, the bodies, cadres and positions indicated in the Law on Higher Education shall not be merged in such a way to render the intra-organizational hierarchy and units meaningless."

Recalling that the academics on duty at the UEB voiced their objections to the related unlawful actions times and wrote dissenting opinions, the lawyer has noted that all these efforts remained inconclusive.

Concluding his remarks, lawyer Fırat Kuyurtar has underlined that "the reason behind undertaking all these actions in an undue and unlawful manner is to first get hold of the Senate, then that of the UEB, to design the other bodies and units of the university in line with their own desires in the following periods and to destroy academic autonomy."

"We will keep on using legal remedies against these illegitimate goals," the lawyer has said. (HA/SD)