This paper addresses the moment of obtaining the status of a passive party in proceedings regarding the disciplinary liability of an academic teacher. The regulations governing this procedure are unclear and inconsistent, and therefore the issue mentioned above receives divergent interpretation. Two opposing positions have emerged: the first one, which considers that in order to create a passive party, it is sufficient to issue a decision to initiate explanatory proceedings, and the second one, which requires the presentation of charges in this respect in the explanatory proceedings. The author discusses arguments for both viewpoints, favouring the second one and referring to various circumstances to justify his stand.