The Crisis of Code of Ethics in Higher Education Institutions: Issues of Legal Status and Enforcement Mechanisms

Abstract

This academic article analyzes the legal status, measures, and enforcement mechanisms of the Code of Ethics within higher education institutions. The study focuses on analyzing enforcement challenges under the framework of the Higher Education Act, B.E. 2562 (2019), the Ethical Standards Act, B.E. 2562 (2019), and relevant subordinate legislations, in order to identify legal obstacles impacting the efficiency of ethical enforcement in such institutions. The findings reveal that the enforcement of the Code of Ethics in higher education institutions currently faces three significant challenges: 1) issues surrounding the legal status and sanctions for ethical violations; 2) ambiguity in terminology and the scope of application of the Code of Ethics; and 3) procedural redundancies between ethical and disciplinary actions, an absence of unified standards within the enforcement mechanisms, and the subversion of true independence among investigative bodies in higher education institutions. Consequently, the Code of Ethics often functions as a mere symbolic measure that is insubstantial and devoid of practical legal effect. Therefore, this study further examines the legal principles governing ethical enforcement in higher education and proposes legislative amendments to clarify the status and sanctions of the Code of Ethics, to establish central standards for enforcement mechanisms, and to enhance the independence of investigative bodies. Such reforms are essential to ensure that the enforcement of the Code of Ethics in higher education is effective and consistent with the principles of good governance.