The Conseil d'État recalls that a sanction must be proportionate to the gravity of the misconduct committed

Between 2014 and 2020, Mr. B., a university lecturer, developed sexual personal relationships with several of his students at the beginning of their university career. These actions have resulted in intrusive and persistent behavior, sending messages, crude, obscene and sometimes degrading remarks, and solicitations to obtain nude photos. The professor also acknowledged the existence of a sexual relationship with one of them, whose vulnerability he knew. His cover-up strategy showed that he was aware of the wrongdoing.

Informed of the facts, the president of the university concerned initiates disciplinary proceedings against her before the disciplinary section of the Academic Council of the institution. A dismissal with immediate execution is pronounced, resulting for the professor the rupture of the link with the administration and the loss of his quality of civil servant.

Mr B. decided to appeal this decision to the National Council for Higher Education and Research (CNESER). The body pronounces against him a measurement of a lower degree on the scale of the penalties incurred by teacher-researchers and members of higher education teaching staff: the prohibition of all teaching functions in any public higher education institution for a period of 5 years, with deprivation of half of his remuneration.

The university lodged an appeal on a point of law with the Conseil d'État. It considers that the seriousness of the misconduct justifies the dismissal of the professor; it requests the annulment of the CNESER decision,

How is the proportionality of a disciplinary sanction imposed on a teacher measured in the light of the gravity of the facts alleged against him?

Public Service replies:

In its decision of 10 June 2026, the Conseil d’État recalls first of all the provisions of Article L. 123-6 of the Education Code which states: « the public service of higher education has as its mission to promote values of ethics, responsibility and exemplarity and to take action against gender stereotypes both in teaching and in the various aspects of the educational community ».

The Council of State recalls the disciplinary sanctions applicable to teacher-researchers and members of the bodies of higher education teaching staff. If the choice of the penalty is a matter for the trial judges, it is for the court of cassation to verify that the penalty adopted is not out of proportion to the gravity of the misconduct committed and that it is therefore lawful.

It observes that the CNESER itself found that Mr B. had failed to fulfill the duties of dignity attached to his duties, damaged the reputation of the public higher education service and used his position of authority with his students in order to exercise a form of control over them. It also notes that another higher education institution had already terminated the teacher's vacancies several years earlier because of proximity deemed incompatible with his teaching duties.

In those circumstances, the Conseil d’État considers that, by substituting a less severe penalty for dismissal, the CNESER adopted a penalty that was out of proportion to the seriousness of the misconduct committed. It therefore annuls the decision of the CNESER and refers the case back to it, so that it may again rule on the disciplinary penalty to be imposed on Mr B..