Congress approves a law of coexistence in universities that allows to sanction plagiar

Las universidades tienen por fin una norma para que su funcionamiento interno se rija por principios constitucionales. El Congreso ha dado este miércoles fin al código disciplinario que aprobó el dictador Francisco Franco en el pazo de Meirás en 1954. Con la nueva Ley de Convivencia Universitaria, los centros de enseñanza superior tendrán una herramienta actualizada para sancionar el plagio, las novatadas, las trampas en un examen o los escraches. La nueva norma es ordinaria ―no es orgánica―, por lo que no se ha votado en el pleno de la Cámara, sino en la Comisión de Ciencia después de que el 21 de octubre se descartasen las enmiendas a la totalidad del PP y Vox. La ley ha salido adelante con 20 votos a favor (PSOE, Podemos, PNV, ERC, y Teruel Existe), 15 en contra (PP, Ciudadanos y Vox) y una abstención (Bildu).

The Francoist norm was not only unconstitutional, but expires in the 21st century.In 2012, the then Ombudsman, Soledad Becerril, stressed that there were "notorious deficiencies to be applied to frequent situations", referring to the use of new technologies to copy in exams or in a job or copyright, which, whichThey are now collected in the Law of Coexistence.The initial text of the approved standard was vertebbly around mediation - first resolving conflicts on punishment -, with two different tools: an informal arbitration to solve situations in a friendly way and those known as “mediation procedures”, twoorgans with representation of all groups that would meet to sanction certain behaviors.But after the political negotiations with Esquerra, the text left hands free to each public campus (the private ones are exempt) to manage coexistence as I would like, protected by university autonomy.That is, it could not be resorted to mediation.

But at the last minute, this Tuesday night, the government agreed with the PNV that each university - without damage of its competences - "develop" a mediation system that applies before and during the disciplinary procedure.The Basque amendment partly appeases the Rectors Conference (CRUE), but it continues to “prevent the establishment of a common framework for the entire Spanish university system”, as this and the student associations (Crep and Ceune) had denounced ―Itin the strip and loosen of the new Universities Law - in a joint statement.Cream has called an "academic strike" this Thursday without much echo on social networks.

The right -wing parties fear that, with this freedom of action, the Catalan rectors do not punish the writing or damage to the heritage in their campus, where situations of tension are lived on symbolic dates for independence.For example, a month ago a group of students shattered the tent installed by the antiiDependentista collective s’ha justat in the autonomous of Barcelona.The deputy of Citizens Juan Ignacio López-BAS.María Jesús Moro, the PP spokeswoman, has praised the draft agreed with the university community against the final and the PSOE, then, he reminded him that his party presented an amendment to the whole.

An still applied unconstitutional standard

The Congress has said goodbye to a regulation of a police state that could not be applied in part, because for example, it consented to "abnormal circumstances" isolate or close the centers or prosecute for "dishonorable" acts in the Court of Honor, which, whichIt clashes with the articles of the fundamental law.This says that "how many provisions are opposed to this Constitution", such as going against freedom of expression and chair or the right of meeting - but sometimes constitutionality is very interpretable in the code of 1954, and some university studentsThey have been suspended by virtue of this Franco regulation, while the workers are applied to the statute of the public official.For example, the 1954 code has been used to sanction public disorders, lack of probity or defamation.

In 1962, Manuel Castells, then University in Barcelona, crossed the Pyrenees and settled in Paris fleeing Franco's repression after an illegal strike.For this reason, after being appointed minister in January 2020, the first impulse of the renowned sociologist, which is considered an "acid", was to repeal the 1954 regulation without an alternative text."It is a scandal that in a democratic context [the code] has survived so far," said Castells after the law was approved.The processing to abolish the regulation of academic discipline of the official higher education centers came to be launched in June 2020, but stood at the request of the rectors themselves, who felt developed without a new document with a rank of law.Better Franco's discipline, they argued, that no legal tool to sanction."In essence, mediation is enshrined as the preferable formula in conflict resolution," I have continued Castells, "and, therefore, all universities will be obliged to constitute a commission with the presentation of all university levels".

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In 45 years few have been the attempts to canceVoice against him (1990, 2008 and 2012).

In 2010, with Ángel Gabilondo as minister, a draft of the law of coexistence similar to the initial of the standard approved this Wednesday came to be drafted, but the elections were advanced and ended in a drawer.His successor, José Ignacio Wert, ruled.

SANCTIONS TABLE

Faults are divided between very serious, serious and slight.

Faltas muy graves: se sancionan con la expulsión de entre dos meses a tres años o la pérdida de matrícula durante un curso o semestre académico.They are framed here with physical or psychic damage, any type of abuse, plagiar.

Faltas graves: se castigarán con la expulsión hasta un mes o la pérdida del derecho de presentarse a los exámenes.The sanction can be replaced by work for the community.It includes: access to computer services, subtract exams, academic fraud, seriously destroy heritage or set up a escrache.

Faltas leves: se sancionan con una amonestación privada.It is considered slight to access unauthorized areas or destroy heritage "in a non -serious way".

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