The Supreme Court of the Republic of Latvia has delivered a judgment favourable to COBALT’s client, the University of Latvia. The case concerned a university’s right to revoke a diploma if it later finds that the academic degree was obtained in breach of academic integrity rules. The Supreme Court set aside the Administrative Regional Court’s judgment, which had declared the University of Latvia’s decision unlawful, and remitted the case for reconsideration.
The case concerned the University of Latvia’s decision to revoke a person’s bachelor’s degree and diploma after plagiarism was later identified in the person’s bachelor’s thesis. The University of Latvia argued that academic integrity and public confidence in diplomas issued by higher education institutions constitute important legally protected interests, and that universities must be able to respond appropriately to such breaches.
The Supreme Court accepted key arguments advanced by COBALT and found that the Administrative Regional Court had made mistakes when assessing whether the University of Latvia’s decision was necessary and proportionate. The Supreme Court emphasised that academic integrity and public confidence that an issued diploma certifies a certain level of knowledge and skills are important public interests.
“This ruling provides important guidance for higher education institutions when deciding how to act in cases where an academic degree has been obtained in breach of academic integrity requirements. At the same time, the Supreme Court makes clear that such decisions cannot be taken as a mere formality: the institution must be able to substantiate why, in the particular circumstances, revoking the diploma is necessary and proportionate,” explains Gabriela Šantare, Head of COBALT’s Administrative and Criminal Proceedings subgroup.
The Supreme Court also held that the publication of information about plagiarism or media attention cannot be regarded as an alternative measure to revoking a diploma where no such obligation or right arises from law.
The University of Latvia was represented by COBALT’s Managing Partner Lauris Liepa and Head of the Administrative and Criminal Litigation Practice Group Gabriela Šantare.
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