Kuwait Court of Cassation principle number 1467

No disciplinary sanction may be imposed on an offending university student until he has been investigated. Articles 15/2, 16/2, 17/1 of the University System Regulations at Kuwait University. - Validity of an administrative investigation. Its condition: the availability of all the elements of a legal investigation, its safeguards and guarantees, and other requirements of the defence. The reason therefor. The sanction must be issued on the basis of the ground justifying it, without arbitrariness or misuse of power. The purpose of these controls: ensuring safeguards and providing reassurance to those concerned. - Investigation. It must be in writing unless the legislature expressly permits it to be conducted orally. The reason therefor. The absence from the papers of fulfilment of the investigation’s controls and guarantees. Its effect: it is not legally recognised, and the disciplinary decision issued on its basis is vitiated by contravention of the law. An example of a sound inference involving neither contravention of the law nor an error in its application concerning the absence from the papers of an administrative investigation possessing the safeguards and guarantees of a legal investigation.