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Regulations on disciplinary punishment of students in Jiangnan University (Revised 2017)

source:       time: 2020-03-11    Hits:


 

Chapter I General Provisions

 

Article 1 In accordance with the education law of the people's Republic of China, the higher education law of the people's Republic of China, and the regulations on the administration of students in general institutions of higher learning (Order No. 41 of the Ministry of education of the people's Republic of China), as well as relevant laws and regulations are formulated in combination with the actual situation of our university, we will standardize the management of students, maintain the order of education and teaching and the order of life, protect the legitimate rights and interests of students, and train socialist builders and successors who have all-round development in moral, intellectual, physical and aesthetic fields.

 

Article 2 These Provisions shall apply to full-time undergraduates and postgraduates of Jiangnan University. If the state has special regulations on disciplinary punishment of other types of students, they shall be implemented according to the special regulations; if the state has no special regulations, they shall be implemented with reference to these regulations.

 

Article 3 "disciplinary violations" mentioned in these Provisions refer to acts in violation of laws and regulations, school discipline and rules, social morality that students should abide by or academic misconduct.

 

Article 4 the school shall give disciplinary cars to the students who violate the discipline. If the circumstances are obviously minor and do not require disciplinary action, criticism and education shall be given.

The disciplinary punishment should adhere to the combination of education and punishment, be based on facts, and adapt to the nature and fault degree of students' illegal and disciplinary behaviors.

The disciplinary punishment given to students shall be due in procedure, clear in facts, sufficient in evidence, clear in basis, accurate in nature and appropriate in punishment.

 

Article 5 students shall have the right to make statements and to defend against disciplinary sanctions imposed by the school. If there is any objection to the disciplinary action, he shall have the right to file a written appeal. Students who think that the school and its staff violate laws and regulations and infringe on their legitimate rights and interests, or the rules and regulations stipulated by the school conflict with laws and regulations, may complain to the education administrative department of Jiangsu Province.

Students who violate discipline and cause damage to others shall bear civil liability according to law. If an illegal act constitutes a crime, criminal responsibility shall be investigated according to law.

 

Article 6 in addition to the punishment of expulsion, the disciplinary punishment shall be terminated according to the procedures prescribed by the school. After the termination of the punishment, the students will not be affected by the original punishment if they are given commendation, reward and other rights and interests.

 

Chapter II Types and application of disciplinary measures

 

Article 7 types of disciplinary actions:

1)      Warning;

2)      Serious warning;

3)      Demerit recording;

4)      Stay in school for observation;

5)      Expulsion from school.

 

Article 8 Where two or more persons jointly violate discipline, they shall be dealt with separately according to the role played by each of them in the joint violation of discipline.

If instigating, intimidating, deceiving or inducing others to violate discipline, the perpetrator of instigating, intimidating, deceiving or inducing and the specific perpetrator shall be punished accordingly.

 

Article 9 under any of the following circumstances, if the illegal act is verified to be true, it may be given a lighter or mitigated punishment:

1)      The circumstances are minor;

2)      Being coerced or deceived by others;

3)      Instigating, intimidating, deceiving or inducing others to disobey discipline while others do not;

4)      Taking the initiative to bear civil liability and obtaining the understanding of the victim;

5)      Having a good attitude of admitting mistakes after violating discipline, and having other manifestations such as repentance;

6)      Other circumstances under which the punishment may be given a lighter or mitigated degree.

 

Article 10 any of the following circumstances shall be given a heavier punishment:

1)      Causing serious consequences or adverse effects;

2)      Deliberately creating obstacles, causing difficulties in investigation and hindering obtaining evidence;

3)      To frame, entice, threaten, retaliate against or influence by other improper means the investigators, prosecutors, witnesses, experts, persons involved in the decision-making of punishment or other relevant persons;

4)      Refusing to admit the fact of violating discipline and having a bad attitude after violating discipline;

5)      Those who violate discipline again within the time limit for punishment shall be subject to disciplinary punishment;

6)      The leader or organizer of a mass disciplinary offence;

7)      Refusing to bear civil liability;

8)      Other circumstances that should be given heavier punishment.

 

Article 11 students who are subject to disciplinary action shall not participate in the evaluation of various scholarships and honorary titles within the period of disciplinary action.

 

Article 12 Where the rights and interests of the state and the school are infringed upon by a disciplinary violation, the students who violate the discipline shall bear corresponding civil liabilities according to the following circumstances:

1)      If economic losses are caused, it shall be liable for the return of property, compensation for losses, etc;

2)      If reputation damage is caused, an apology shall be made, the influence shall be eliminated and the reputation shall be restored;

3)      If the campus environment is damaged, it shall be restored to its original state or compensation shall be made for the losses;

4)      If there are other infringements, they shall bear civil liabilities in accordance with the relevant civil laws and regulations.

The responsibilities of returning property, making compensation for loss, making compensation for apology, and restoring to the original state as stipulated in this article may be handled together in the decision of punishment, or may be applied independently in the case that students who violate the discipline are exempt from disciplinary punishment. However, if it has been or is being dealt with in the relevant judicial or state administrative procedures, it shall not be dealt with repeatedly.

 

Chapter III disciplinary violations

 

Article 13 those who violate laws and regulations shall be punished according to the following provisions:

1)      Those who violate the constitution, undermine stability and unity, and disrupt social order shall be expelled from school.

2)      Those who violate national laws and regulations and are punished by judicial departments or public security organs shall be given the following punishments:

a)      Those who are judged by the people's court to constitute a crime and given criminal punishment shall be expelled from school;

b)      Those who have been punished for violating the regulations of public security management and are of a bad nature shall be given the punishment of staying in school or being expelled from school.

3)      To set up illegal organizations; to participate in activities of illegal organizations such as heresy, pyramid selling, etc., but still do not repent after education; to disobey persuasion, to organize and participate in unauthorized demonstrations, processions and gatherings; to write and post leaflets endangering national security; to organize and incite troublemakers, according to the seriousness of the circumstances, to be kept in school or expelled from school.

4)      Students who publicize, organize or participate in religious activities in schools shall be given a warning or more depending on the seriousness of the circumstances.

 

Article 14 any academic misconduct shall be punished according to the following provisions:

1)      In case of any of the following acts, a warning or demerit recording shall be given:

a)      Plagiarize others' research results or articles, and give a warning or serious warning according to the seriousness of the case;

b)      Those who falsely open or tamper with the receiving letter of published articles shall be given serious warning or demerit recording.

2)      Those who commit one of the following acts shall be given a serious warning or demerit recording punishment; those who are serious shall be given a punishment of staying in school or being expelled from school status:

a)      Transfer or license the intellectual property rights of the school without permission;

b)      Divulge the school's scientific and technological achievements (including technical secrets) in violation of the confidentiality provisions;

c)       Other acts in violation of the provisions of the school on intellectual property rights, resulting in the loss of the school's rights and interests.

3)      Those who have one of the following behaviors shall be expelled from school:

a)      Purchase or sale of dissertation (graduation project);

b)      The degree thesis (graduation project) is written by or for others;

c)       Academic misconduct such as plagiarism, tampering and forgery in academic dissertation (graduation project) and published research results, which is serious;

d)      Organize the sales of dissertation (graduation project).

4)      Other acts of academic misconduct shall be given a warning or more depending on the seriousness of the circumstances.

 

Article 15 those who violate the attendance discipline shall be punished according to the following provisions:

Those who have been absent from school for more than 12 hours in a semester shall be given a warning; those who have been absent for more than 20 hours shall be given a serious warning; those who have been absent for more than 30 hours shall be given a demerit recording; those who have been absent for more than 40 hours shall be given a stay for observation; those who have been absent for more than 60 hours or have not participated in the teaching activities prescribed by the University for two consecutive weeks shall be given a warning in accordance with the student status management of Jiangnan University Measures.

 

Article 16 those who violate the examination management regulations shall be punished according to the following provisions:

1)      Those who violate the discipline of the examination hall shall be given the following punishment with serious warning;

2)      Those who cheat in the exam shall be punished with more than a demerit;

3)      Those who cheat seriously in the exam shall be kept in school until dismissed from school.

For the definition of the nature of exam violation, cheating and serious cheating, please refer to the relevant provisions of the detailed rules for the implementation of course assessment and management of Jiangnan University.

 

Article 17 Whoever infringes upon or damages property shall be punished in accordance with the following provisions:

1)      Those who steal, swindle or encroach upon public or private property shall be punished as follows in addition to recovering the stolen money and property or compensating for the losses:

a)      If the value is less than 1000 yuan and the circumstances are minor, the punishment of less than demerit recording shall be given; if the circumstances are serious, the punishment of more than demerit recording shall be given;

b)      If the value is more than 1000 yuan, which is not enough for criminal punishment or public security management punishment, the punishment of recording a demerit or more shall be given according to the seriousness of the case;

c)       If the security department or the public security department confirms the use of a certain means of committing a crime, although no property has been stolen, but it has constituted a theft actor, it shall be punished with the following demerit.

2)      Those who intentionally damage doors and windows, desks and chairs, books, instruments and other teaching equipment, campus civilized environment, flowers, trees and other public facilities, and other properties of others, if the circumstances are minor, shall be given a warning; if the circumstances are serious, they shall be given a warning or above.

 

Article 18 those who violate the order of network management shall be punished according to the following provisions:

1)      Those who intentionally or through gross negligence disseminate false information or infringe upon the reputation or privacy of others shall be given a warning or more depending on the seriousness of the case;

2)      Those who intentionally or due to gross negligence disseminate improper information including obscenity, instigation of illegal crime, teaching of illegal crime methods or contents of cheating methods in examinations shall be given a serious warning or more depending on the seriousness of the case;

3)      Whoever intentionally produces, publishes or disseminates information that is prohibited by laws and regulations, or commits any other act endangering the security of computer information network, shall be given a serious warning or more depending on the seriousness of the case;

4)      In case of causing a leak of secrets and causing adverse consequences, a serious warning or more shall be given depending on the seriousness of the case;

5)      Those who invade the computer information system, steal or tamper with the system functions, applications or data stored, processed or transmitted in the system, or cause the loss or damage of these data or applications, shall be given a serious warning or above punishment depending on the seriousness of the case;

6)      Whoever intentionally spreads computer virus or causes damage to computer system or network due to gross negligence shall be given a serious warning or more depending on the seriousness of the case.

 

Article 19 those who violate the regulations on dormitory management shall be punished according to the following regulations:

1)      Those who use electricity in violation of regulations shall be given a warning; those who do not change or use open fire after education and do not cause serious consequences shall be given a punishment of less than a demerit; those who cause serious consequences shall be given a punishment of more than a demerit.

2)      Students who do not return home at night or rent a house outside the school without permission shall be given a serious warning or above.

3)      Those who fail to go through the formalities of asking for leave and return three or more times in a semester shall be given a warning or more.

4)      Those who raise pets in schools and affect the environment but fail to make corrections within the prescribed time after education shall be given a warning or above.

5)      Any other act in violation of the dormitory management regulations shall be given a warning or above.

 

Article 20 any other act that disturbs the order of school or social management shall be punished according to the following provisions:

1)      Any of the following acts shall be punished according to the seriousness of the case:

a)      Use the Internet, letter, telephone or direct intimidation to insult, slander, intimidate, retaliate, frame up or personally attack others. If the circumstances are minor, the punishment below the demerit shall be given; if the circumstances are serious, the punishment above the demerit shall be given.

b)      If concealing, destroying, discarding or privately dismantling other people's mail hinders other people's freedom of communication, and the circumstances are minor, the punishment below the demerit shall be given; if the circumstances are serious, the punishment above the demerit shall be given.

c)       Concealing the truth, swindling other people's trust, luring other people to consume and loan ahead of time on the Internet, or taking dishonest behaviors such as online bill swiping, which causes damage to other people's property and reputation, shall be given a warning or even expelled from school.

d)      Those who organize, plan, participate in fighting or provide murder weapon shall be given warning or above punishment according to the seriousness of the circumstances and the consequences, among which those who cause minor injury to others shall be given demerit recording or stay in school for observation; those who cause serious injury to others shall be given expulsion from school; those who plan and organize shall be given more punishment.

e)      Serious warning or demerit recording shall be given to those who have peeping or indecent behavior; those who have serious circumstances shall be kept in school or expelled from school.

2)      Any of the following acts shall be punished according to the seriousness of the case:

a)      Those who divulge secrets and forge certificates and seals shall be punished with more than demerit recording depending on the seriousness of the circumstances and the consequences.

b)      Those who forge, alter, falsely claim, misappropriate or transfer all kinds of supporting documents shall be given a warning or more depending on the importance of the supporting documents and the degree of consequences.

c)       Those who provide false evidence, forge evidence, tamper with personal information, etc. shall be given a serious warning or more depending on the seriousness of the case.

d)      Whoever harbors stolen goods, conceals evidence, murder weapon or shields others shall be given a serious warning or more depending on the seriousness of the case.

e)      In the course of investigation of all kinds of serious violations of discipline by the school, those who provide false evidence and cheat the organization and make the investigation difficult will be given a warning or serious warning; those who commit false evidence and make the investigation fall into a wrong area will be given a demerit recording or staying in the school for observation; those with serious consequences will be given a expulsion.

f)        Those who are on behalf of others or others, or other dishonest behaviors such as on behalf of others, shall be given the above punishment of warning.

g)      In the process of communication between men and women, those who cause adverse effects shall be given a warning or more depending on the seriousness of the case; those who are especially serious shall be given a disciplinary sanction of expulsion from school.

h)      Those who obstruct or refuse state functionaries or school administrators to perform official duties according to law or school regulations shall be punished with the following demerits; those who cause serious consequences shall be punished with the above demerits.

i)        Those who provide conditions for gambling or participate in gambling shall be given a severe warning or more depending on the seriousness of the case.

j)        If a person who takes drugs, instigates or induces others to take drugs, but does not constitute a crime, he shall be given a serious warning or more depending on the seriousness of the case.

k)       In case of violation of relevant laboratory management regulations, a warning or even expulsion from school shall be given depending on the seriousness of the case and the consequences.

l)        Those who engage in business without permission, interfere with the normal campus order, or violate the relevant regulations in participating in the work study activities organized by the school, shall be given the following penalties.

3)      Any of the following acts shall be punished according to the seriousness of the case:

a)      Those who use the Internet and other new media to spread rumors, rumors or other means to confuse the public and create confusion, incite to strike, strike or fast, which will damage the reputation of the school and endanger the stability of the campus, if the circumstances are not serious, shall be given the following punishment; if the circumstances are serious, the above punishment shall be given.

b)      Those who make trouble or drink will be given more than a warning; those who disturb public order in public places such as restaurants, classrooms, dormitories and conference halls will be given the following punishment of demerit recording; those who do not listen to the advice or cause serious impact will be given the above punishment of demerit recording.

 

Article 21 any other act that damages the image of the school, affects the order of education and teaching, the order of life, the order of management of public places, and infringes upon the legitimate rights and interests of other individuals and organizations shall, depending on the seriousness of the case and the consequences, be given a warning or even be expelled from school.

 

Chapter IV Procedure and authority of disciplinary action

 

Article 22 the punishment of students shall be managed at different levels and submitted for approval in accordance with the procedures. Relevant functional departments to the college and Student Affairs Office of the students within 2 working days shall report the facts of students’ violation of discipline. The student affairs office is responsible for supervising and reporting the results of disciplinary actions to relevant departments and personnel in a timely manner.

 

Article 23 The college where the student belongs shall be responsible for putting forward the handling opinions, submitting them to the relevant functional departments for signature, and then to the student management leading group for approval after being reviewed by the Student Affairs Office; the student management leading group of the University shall put forward the opinions for the expulsion punishment, and submit them to the Council or the meeting specially authorized by the president for research and decision, and make legal decisions in advance Sexual review.

 

Article 24 to punish a student, a written decision shall be issued and served on the student. The punishment decision shall include the following contents:

1)      Student name, gender, date of birth, college, class and other basic information;

2)      Facts and evidence of violation of laws and regulations or school rules and regulations;

3)      Type, basis and time limit of punishment;

4)      The way and time limit of appeal;

5)      Name of the school, date of disposition and other necessary contents.

Article 25 before a school makes a decision on a student's punishment, it shall inform the student of the facts, reasons and basis for the decision, and inform the student of the right to make a statement and defense, and listen to the student's statement and defense.

 

Article 26 in addition to the punishment of expulsion from school, a period of 6 to 12 months shall be set for the punishment of students. Specifically, a period of 6 months shall be set for the punishment of warning, serious warning and demerit recording, and a period of 12 months shall be set for the punishment of staying in school for observation. The starting time of punishment shall be counted from the date of distribution of documents. The specific measures for lifting the punishment of students shall be formulated separately. In case of suspension for some reason within the period of disposition, the time of suspension shall not be included in the period of disposition.

 

Article 27 If a student has two or more acts that need to be punished at the same time, the punishment shall be determined separately. If there are different kinds of punishments to be given, the most serious one shall be carried out; if there are more than one punishments of the same kind to be expelled from school, the punishments shall be carried out, and the time limit for the punishments shall be determined at least one time limit and less than the sum of the punishments. If a student is given a new punishment within the punishment period, the punishment period shall be the sum of the unexecuted period and the new punishment period. The maximum punishment period shall not exceed 24 months.

 

Article 28 within 7 working days from the date of printing and distributing, the written decision of punishment shall be delivered to the student or his agent who is punished, and the student or his agent shall sign on the receipt. If the student refuses to sign, he / she shall be served with a lien. The staff of the college where the student belongs shall state the refusal on the receipt, and two witnesses present shall sign to prove it. Those who have left the school shall be delivered by post.

If it is unable to deliver in other circumstances, it shall be announced on the school's website. 30 days from the date of announcement shall be deemed as service.

 

Article 29 If a student who has been detained for observation commits a disciplinary offence during the period of observation and should be given disciplinary punishment according to the regulations; he shall be directly expelled from school.

 

Article 30 within 10 working days after the decision is made; the school shall report it to Jiangsu Provincial Department of education for filing.

Article 31 a student who has been expelled from school shall, within 10 days from the date of receiving the letter of decision on punishment from the school or the letter of decision on appeal handling to maintain the original decision, go through the procedures for leaving the school. If the student fails to do so within the time limit, the college where the student belongs shall be responsible for handling the relevant formalities, and the security office, together with the college where the student belongs, shall order the student to leave the school within a time limit.

Students who have been expelled from school shall be issued a study certificate by the school. The school shall return the archives to the place where the family is located, and the registered permanent residence shall be transferred back to the original registered permanent residence or the place where the family registered permanent residence is located in accordance with the relevant provisions of the state.

 

Article 32 the materials for punishing and lifting students shall be truly and completely included in the school's documents and archives.

 

Chapter V supplementary provisions

 

Article 33 If a student refuses to accept the decision of handling or punishment, he may appeal to the student appeal handling Committee of the University. The office of the student appeal handling committee is located in the legal work office. The specific measures for students to appeal shall be formulated separately.

 

Article 34 "above" or "below" in these Provisions include the same level.

 

Article 35 the provisions shall come into force as of September 1, 2017, and the Student Affairs Office shall be responsible for the interpretation. The original regulations on disciplinary punishment of students of Jiangnan University (Jiangnan University Office [2014] No. 23) shall be repealed at the same time.

 

(Issued on July 30, 2017)