Inserted by No I of the FA of 21 March 2003 (AS 2003 4265; BBl 2002 3465). Amended by No I of the FA of 19 March 2021, in force since 1 Nov. 2021 (AS 2021 603; BBl 2020 715).
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 37 Rights of appeal
1 The appeals procedure shall comply with the general provisions on the administration of federal justice, unless stipulated otherwise in this Act. 2 The ETH Board, the two federal institutes of technology and the four research institutes within the ETH Domain shall have a right of appeal against decisions made on appeal if they ruled at first instance on the case. The ETHZ Assembly and the EPFL Assembly each have a right of appeal if the contested rulings relate to matters on which they have shared decision-making powers. 2bis The two federal institutes of technology have no right of appeal against decisions taken by the ETH Board under Articles 25 paragraph 1 letter e and 33a paragraph 3. 3 Rulings issued by the two federal institutes of technology and the four research institutes within the ETH Domain may be appealed to the ETH Appeals Commission. Excluded from the foregoing are rulings that are based on the Government Liability Act of 14 March 1958. 4 If the appeal relates to the r
Art. 37 — Amended by Annex No 36 of the Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202). Para. 2bis — Inserted by No I of the FA of 19 March 2021, in force since 1 Nov. 2021 (AS 2021 603; BBl 2020 715). Para. 3 — SR 170.32 Para. 3 — Amended by No II of the FA of 25 Sept. 2009, in force since 1 March 2010 (AS 2010 651; BBl 2009 469).
Art. 37a ETH Appeals Commission
1 The Federal Council shall elect the seven members of the ETH Appeals Commission. At least four must be members of the ETH Domain. 2 Each member is elected for a term of four years; re-election is permitted. 3 Members shall be independent in the exercise of their duties and subject only to the rule of law. 4 For administrative purposes, the Commission shall report to the ETH Board; it shall have its own secretariat. 5 The Federal Council shall issue the rules of procedure for the Appeals Commission. In particular, it shall regulate the jurisdiction of the Chairman in urgent cases and in cases of lesser importance, together with the formation of panels with independent decision-making powers.
Art. 37a — Inserted by No I of the FA of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4265; BBl 2002 3465). Para. 1 — Amended by No I of the FA of 19 March 2021, in force since 1 Nov. 2021 (AS 2021 603; BBl 2020 715). Para. 5 — Amended by No I of the FA of 19 March 2021, in force since 1 Nov. 2021 (AS 2021 603; BBl 2020 715).
Art. 37b Disciplinary rules
1 The two federal institutes of technology and the research institutes may take disciplinary measures against students, auditors and doctoral students. 2 They shall regulate the disciplinary offences, disciplinary measures and procedure in ordinances. 3 Provision may be made for the following disciplinary measures for serious or repeated disciplinary offences: a. temporary exclusion from specific courses, examinations or premises; b. non-admission to a study level; c. temporary exclusion from the federal institute of technology or the research institute; d. permanent exclusion from the federal institute of technology or the research institute; e. the withdrawal of an academic title if this has been acquired unlawfully by means of a disciplinary offence. 4 In individual cases in response to a written request the two federal institutes of technology and the research institutes may notify each other about serious disciplinary offences.
Art. 37b — Inserted by No I of the FA of 19 March 2021, in force since 1 Nov. 2021 (AS 2021 603; BBl 2020 715).
Art. 38 Protection of titles awarded by federal institutes of technology
1 Any person who: a. claims to be a lecturer at a federal institute of technology without being appointed as such; b. uses the title of a qualification of a federal institute of technology that has not been conferred on him or her; c. uses the title of a qualification that gives the impression that it was conferred on him or her by a federal institute of technology; shall be liable to a fine. 2 The prosecuting authority is the canton.
Para. 1 — Amended by Art. 333 of the Swiss Criminal Code (SR 311.0) in the version of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459; BBl 1999 1979).
