Minister of Education Yuan Guiren
June 20 16
Measures to prevent and deal with academic misconduct in colleges and universities
Chapter I General Provisions
Article 1 In order to effectively prevent and severely punish academic misconduct in institutions of higher learning, safeguard academic integrity, and promote academic innovation and development, these Measures are formulated in accordance with the Higher Education Law of People's Republic of China (PRC), the Science and Technology Progress Law of People's Republic of China (PRC), and the Regulations of People's Republic of China (PRC) on Academic Degrees.
Article 2 The term "academic misconduct" as mentioned in these Measures refers to the violation of recognized academic norms and academic integrity by institutions of higher learning and their teaching and research personnel, administrators and students in scientific research and related activities.
Article 3 Institutions of higher learning should adhere to the principle of putting prevention first and combining education with punishment in preventing and handling academic misconduct.
Article 4 The Ministry of Education, relevant departments of the State Council and provincial education departments are responsible for formulating macro policies for the construction of study style in colleges and universities, guiding and supervising the construction of study style in colleges and universities, establishing and improving the handling mechanism for major academic misconduct in colleges and universities, and establishing the notification system for academic misconduct in colleges and universities and the relevant information disclosure system.
Article 5 Institutions of higher learning are the main bodies to prevent and deal with academic misconduct. Colleges and universities should build an academic integrity system that integrates education, prevention, supervision and punishment, establish a working mechanism for the construction of study style led by the main person in charge, and clarify the division of responsibilities; According to these measures, improve the rules and procedures for preventing and handling academic misconduct in our school.
Colleges and universities should give full play to the role of academic committees in the construction of study style, support and guarantee academic committees to perform their duties according to law, and investigate and identify academic misconduct.
Chapter II Education and Prevention
Article 6 Institutions of higher learning should improve the academic governance system, establish a scientific and fair academic evaluation and academic development system, and create an academic environment that encourages innovation, tolerates failure, is neither arrogant nor impetuous, and is clean and honest.
Teaching researchers, administrators and students in institutions of higher learning should follow the scientific spirit of seeking truth from facts and a rigorous and serious learning attitude, abide by academic integrity, follow academic norms, and respect and protect the intellectual property rights and other legitimate rights and interests of others.
Article 7 Institutions of higher learning should regard academic norms and academic integrity education as the necessary contents of teacher training and student education, and carry out education and training in various forms.
Teachers should educate and guide students on academic norms and academic integrity, and conduct necessary inspections and audits on whether the papers, research and dissertations published by students meet the requirements of academic norms and academic integrity.
Eighth institutions of higher learning should use information technology and other means to establish an intellectual property inquiry system for academic achievements and dissertations, and improve the supervision mechanism for academic norms.
Article 9 Institutions of higher learning should establish and improve the management system of scientific research, preserve the original data and materials of research within a reasonable period of time, and ensure the truthfulness and completeness of scientific research files and materials.
Colleges and universities should improve the evaluation procedures of scientific research projects and the identification procedures of academic achievements, and disclose the basic information of non-confidential scientific research project application materials and academic achievements in an appropriate way in combination with the characteristics of disciplines.
Article 10 Institutions of higher learning should follow the laws of academic research, establish scientific standards and methods for evaluating academic level, guide teaching researchers and students to devote themselves to research, and form innovative and original research results.
Eleventh institutions of higher learning should establish academic integrity files of teaching and scientific research personnel, and strengthen academic integrity assessment in the aspects of annual assessment, professional title evaluation, post employment, project establishment, talent plan and evaluation and reward.
Chapter III Acceptance and Investigation
Article 12 Institutions of higher learning shall designate specific departments to be responsible for accepting reports from social organizations and individuals on academic misconduct of teaching and research personnel, administrators and students of the university; Conditional, you can set up a special post or designate a person to be responsible for consulting, accepting and investigating matters related to academic integrity and misconduct reporting.
Thirteenth reports of academic misconduct should generally be in written form and meet the following conditions:
(1) Having clear objectives;
(2) The fact of academic misconduct;
(3) There are objective evidence materials or verification clues.
For anonymous reports, but the facts are clear, the evidence is sufficient or the clues are clear, colleges and universities should accept them as appropriate.
Article 14 Institutions of higher learning shall, according to their functions and powers, take the initiative to investigate and deal with academic misconduct involving their own personnel, which is publicly reported by the media or voluntarily disclosed by other academic institutions or social organizations.
Fifteenth institutions of higher learning believe that the report materials meet the requirements after acceptance, it shall make a decision on acceptance in time and notify the informants. If it is not accepted, it shall explain the reasons in writing.
Sixteenth academic misconduct report after acceptance, should be submitted to the academic committee of the school in accordance with the relevant procedures to organize the investigation.
The academic committee may entrust relevant experts to conduct a preliminary review of the rationality of the report and the possibility of investigation, and make a decision on whether to enter a formal investigation.
If it decides not to enter the formal investigation, it shall inform the informant. Informants can raise objections if they have new evidence. If the objection is established, a formal investigation will be initiated.
Article 17 When the academic committee of an institution of higher learning decides to enter a formal investigation, it shall notify the informer.
If the behavior under investigation involves funded projects, the project sponsor may be notified at the same time.
Eighteenth academic committees of colleges and universities should form an investigation team to investigate the reported behavior; However, if the facts are clear, the evidence is conclusive and the circumstances are simple, a summary investigation procedure can also be adopted, and the specific measures will be decided by the academic Committee.
The investigation team consists of not less than 3 people, including the staff appointed by the discipline inspection and supervision institutions of the school when necessary, and can invite experts from the same industry to participate in the investigation or provide academic judgment by consulting.
If the behavior under investigation involves funded projects, the project sponsors may be invited to appoint relevant professionals to participate in the investigation team.
Nineteenth members of the investigation team who have direct interests, relatives or mentors with the informants or informants should withdraw.
Twentieth investigation can be carried out by means of information inquiry, on-site inspection, experimental inspection, questioning witnesses, questioning informants and informants. When the investigation team deems it necessary, it may entrust irrelevant experts or a third-party professional organization to conduct independent investigation or verification on relevant matters.
Twenty-first in the process of investigation, the investigation team should listen carefully to the statements and arguments of the informants and verify the relevant facts, reasons and evidence; If it is considered necessary, a hearing can be held.
Twenty-second relevant units and individuals shall provide necessary convenience and assistance for the investigation team to carry out its work.
Informants, informants, witnesses and other relevant personnel shall truthfully answer inquiries, cooperate with the investigation and provide relevant evidence materials, and shall not conceal or provide false information.
Twenty-third in the process of investigation, there is a legal dispute caused by intellectual property disputes, and this dispute may affect the qualitative behavior, it should be suspended and restarted after the dispute is resolved.
Article 24 An investigation team shall form an investigation report on the basis of finding out the facts. The investigation report shall include the confirmation of the person responsible for academic misconduct, the investigation process, the fact finding and reasons, the investigation conclusion and so on.
Academic misconduct is committed by many people collectively, and the role of each responsible person should be distinguished in the investigation report.
Twenty-fifth contact report materials and personnel involved in the investigation and handling shall not disclose the personal information of informants and informants to irrelevant personnel.
Chapter IV Identification
Twenty-sixth academic committees of institutions of higher learning shall examine the investigation report submitted by the investigation team; When necessary, the report of the investigation team shall be heard.
The academic committee may convene a plenary meeting or authorize a special committee to make a conclusion on whether the behavior under investigation constitutes academic misconduct and the nature and circumstances of the behavior, and make a decision according to its functions and powers or suggest the school to make a corresponding decision.
Twenty-seventh after investigation, it is confirmed that the reported person has one of the following acts in scientific research and related activities, which shall be deemed to constitute academic misconduct:
(1) Plagiarism, plagiarism or misappropriation of academic achievements of others;
(two) tampering with other people's research results;
(3) Forging scientific research data, materials, documents and notes, or fabricating facts or misrepresenting research results;
(4) Without participating in the research or creation, signing the research results and academic papers, improperly using others' signatures without others' permission, fictional collaborators * * * have the same signature, or many people * * * jointly complete the research without indicating others' work and contribution in the results;
(five) providing false academic information in the process of reporting topics, achievements, awards and job evaluation, and applying for a degree;
(six) buying and selling papers, writing papers for others or writing papers for others;
(seven) other acts that are academic misconduct according to the rules formulated by institutions of higher learning or relevant academic organizations and relevant scientific research management institutions.
Twenty-eighth academic misconduct and one of the following circumstances, it should be considered serious:
(1) Causing adverse effects;
(2) there is interest transfer or interest exchange;
(three) to take revenge on informants;
(4) Organizing the implementation of academic misconduct;
(5) Having repeatedly committed academic misconduct;
(six) other serious consequences or adverse effects.
Chapter V Handling
Article 29 Institutions of higher learning shall, in accordance with the conclusions and suggestions of the academic committee, consider the nature of the behavior and the seriousness of the circumstances, and deal with those responsible for academic misconduct in accordance with their functions and powers and prescribed procedures as follows:
(1) informed criticism;
(two) to terminate or cancel the relevant scientific research projects, and cancel the application qualification within a certain period of time;
(three) revocation of academic awards or honorary titles;
(4) Dismissal or dismissal;
(five) other treatment measures stipulated by laws, regulations and rules.
At the same time, in accordance with the relevant regulations, disciplinary actions such as warning, recording a demerit, lowering the post level, dismissal or expulsion may be given.
If the person responsible for academic misconduct obtains benefits such as scientific research projects, academic awards or honorary titles set up by relevant departments and institutions, the school shall also make suggestions to the relevant competent departments.
Students who have academic misconduct should also be given corresponding school registration punishment in accordance with the relevant provisions on student management.
If academic misconduct is directly related to obtaining a degree, the degree-granting unit shall suspend, refuse or revoke the degree according to law.
Thirtieth institutions of higher learning shall make a decision on the handling of academic misconduct, which shall contain the following contents:
(a) the basic situation of the responsible person;
(two) the facts of academic misconduct that have been verified;
(3) Handling opinions and basis;
(four) the way and time limit of relief;
(5) Other necessary contents.
Article 31 If it is determined through investigation that it does not constitute academic misconduct, institutions of higher learning shall, on the basis of the defendant's application, eliminate the influence and restore his reputation through certain means.
In the process of investigation and handling, if it is found that the whistleblower has fabricated facts and falsely accused and framed, it shall be deemed as false accusation and framed, and the whistleblower shall bear corresponding responsibilities. Institutions of higher learning that belong to their own units shall be handled in accordance with relevant regulations; Those who do not belong to the staff of this unit shall notify their units and make suggestions.
Thirty-second personnel involved in the acceptance, investigation and handling of reports who violate confidentiality and other regulations and cause adverse effects shall be punished or otherwise dealt with in accordance with relevant regulations.
Chapter VI Review
Article 33 If an informer or person responsible for academic misconduct refuses to accept the decision, he may raise an objection or apply in writing to the relevant higher education institutions within 30 days from the date of receiving the decision.
Objection and review do not affect the implementation of the decision.
Article 34 After receiving an application for objection or review, an institution of higher learning shall submit it to the academic committee for discussion, and make a decision on whether to accept it within 15 days.
Decided to accept, the school or academic committee may organize an investigation team or entrust a third party to investigate; If it decides not to accept the case, it shall notify the parties in writing.
Article 35 If a party refuses to accept the review decision and still raises an objection or applies for review on the same facts and reasons, it will not be accepted; Complaints to the relevant competent departments shall be implemented in accordance with relevant regulations.
Chapter VII Supervision
Article 36 Institutions of higher learning shall publish the work report on the construction of study style every year, and make it public and accept social supervision.
Article 37 If institutions of higher learning shirk their responsibilities, conceal or cover up academic misconduct, or fail to investigate and deal with it effectively, the competent department may directly organize or entrust relevant institutions to investigate and deal with it.
Article 38 If an institution of higher learning fails to investigate and deal with academic misconduct in its own school in time and make a fair conclusion, resulting in adverse effects, the competent department shall hold the relevant leaders accountable and notify them.
Institutions of higher learning organize and implement academic misconduct in order to obtain relevant benefits. After investigation and confirmation, the competent department shall revoke the relevant rights, projects and other interests obtained by colleges and universities, and hold the main person in charge and the person directly in charge of the school accountable.
Chapter VIII Supplementary Provisions
Article 39 Institutions of higher learning shall, in accordance with these Measures, formulate their own rules and measures for investigating and handling academic misconduct, and specify the punishment standards for various academic misconduct. The relevant rules must be discussed and approved by the academic Committee of the school and the staff congress.
Article 40 The competent department of an institution of higher learning may organize an investigation team by itself, or designate or entrust institutions of higher learning and relevant institutions to organize investigation and determination of academic misconduct cases directly accepted. The handling of those responsible for academic misconduct shall be carried out in accordance with these measures and the relevant provisions of the state.
The investigation and handling of academic misconduct of relevant personnel in scientific research institutions and other units affiliated to the education system can be implemented with reference to these measures.
Article 41 These Measures shall come into force as of September 1 day, 2065.
If the relevant regulations and documents previously issued by the Ministry of Education are inconsistent with these measures, these measures shall prevail.