Ordinance on the expulsion of students from higher education (2007:989)

Department/Agency: Ministry of Education and Research, Sweden
Issued 22 November 2007.

This translation is for information purposes only and has no legal force. In the event of discrepancies, the Swedish-language version takes precedence.

Initial provision

Section 1

This ordinance contains provisions on the expulsion of students in higher education from a higher education institution accountable to the government and which is subject to the Higher Education Act (1992:1434).  The provisions relating to the expulsion of students and a board for the higher education sector to hear issues relating to expulsion are laid down in Chapter 4 of the Higher Education Act. Ordinance (2013:18).

Requirements for expulsion

Section 2

A student may be expelled from higher education subject the conditions laid down in Section 6 of Chapter 4 of the Higher Education Act (1992:1434).

What expulsion involves

Section 3

A decision on expulsion shall always mean that the student may not continue his or her on-going course of study until further notice.

A decision on expulsion shall also mean that until further notice the student may not be admitted to or continue other studies of the same kind unless otherwise decided by the Higher Education Expulsion Board.

A decision on expulsion also means that the student may not until further notice be admitted to or continue any other studies in higher education, if this is stated in the decision.

Review

Section 4

A decision of the kind referred to in Section 3 shall be reviewed no earlier than two years after it has been issued, if the individual subject to the decision so requests in writing.
During such a review the applicable sections of the regulations on expulsion are to apply.

Rescission of expulsion

Section 5

When a decision on expulsion is rescinded the student may without further application resume his or her course of studies and receive credit for studies that have previously been completed.

The Higher Education Expulsion Board

Section 6

Issues relating to expulsion are heard by the Higher Education Expulsion Board.

Expulsion cases

How cases are initiated

Section 7

An expulsion case is only brought before the board after a written application has been submitted by the vice-chancellor of a higher education institution or someone appointed by the vice-chancellor.

The higher education institution that has submitted the application is the student´s opposing party before the board.

Proceedings

Section 8

If the issue of expulsion has been submitted to the board, the student is to be informed about the application and given the opportunity to submit a response.

Section 9

The board shall ensure that cases are enquired into adequately. If the student wishes to present information orally before the board, he or she should be given an opportunity to do so.

Section 10

Anyone who at the board´s request attends an oral hearing may be awarded reimbursement from the public purse for the costs of travel and accommodation as well as compensation for loss of income or any other financial loss, if the board finds that he or she should reasonably receive reimbursement. The board may grant reimbursement in advance. More detailed stipulations on reimbursement and advance payment are provided in the Ordinance on the reimbursement of witnesses from the public purse (1982:805).

Medical examination

Section 11

If there are grounds for assuming that a student shall be expelled from higher education, the board may when necessary require the student to permit examination by the physician he or she is referred to.

Decision on expulsion before a final decision

Section 12

If the board has required a student to permit medical examination, the board may decide that the student is to be expelled from studies pending a final decision in the case.

Section 13

In cases other than those stipulated in Section 12, the board may decide if there are special grounds that a student is to expelled from studies until a final decision can be made.

Section 14

The stipulations in Sections 32-34 of the Administrative Procedure Act (2017:900) shall also apply to decisions pursuant to Sections 12 and 13 above. Ordinance (2018:1026) 

Material on which a decision may be based in special cases

Section 15

If a student has failed to attend for medical examination within one year of being required to do so by the board, the board shall assess the issue of expulsion using the material which is available to it.

Disqualification

Section 16

Members of the board and their substitutes are subject to the regulations in Chapter 4 of the Procedural Code on the disqualification of judges.

Voting

Section 17

Voting in the board is subject to the regulations in Chapter 29 of the Procedural Code on voting in criminal cases. The chairmen states his opinion first, however.

Miscellaneous provisions

Section 18

Decisions of the board shall take force immediately unless otherwise decided by the board.

Section 19

The higher education institutions and admission agencies affected by a decision on expulsion or a decision to rescind an expulsion as well as CSN [the Swedish Board for Financial Aid for Studies] shall be notified of the decision without delay.

Appeal

Section 20

Section 40 of the Administrative Procedure Act (2017:900) contains regulations on appeal to a public court of law. No appeal may be made against decisions other than final decisions on expulsion pursuant to Section 3 and decisions on preliminary expulsion pursuant to Sections 12 and 13. Ordinance (2018:1026)

Section 21

If appeal is lodged against a decision, the higher education institution stipulated in Section 7 is the student´s opposing party in the court.

Transitional provisions

2007:989

1. This ordinance shall enter into effect on 1 January 2008 when the Ordinance (2007:989) on the expulsion of students from higher education  (1987:915) shall cease to apply.
2. The earlier regulations continue to apply in cases on expulsion that have been submitted to the Higher Education Expulsion Board before this ordinance takes effect.