List of events of expelling students from colleges and universities
Event 1: 65438+On June 20th, 2007, Li of the Central Academy of Fine Arts was expelled from the Central Academy of Fine Arts for taking the postgraduate political theory exam with electronic communication equipment specially used for cheating.
Event 2: On June 2, 20081day, Yimou took the CET-4 instead of Li, and Xuchang University decided to expel Yi.
Event 3: On May 9, 2009, the Jinshui District People's Court of Zhengzhou City sentenced Xu, a college student, for intentional injury, and railway police college, where Xu was located, immediately expelled him from school.
Event 4: On June 8, 2009/KLOC-0, Zhang, a junior at Beijing Jiaotong University, made up the exam for his roommate out of kindness. After the incident was exposed, Zhang was expelled from school;
Event 5,201010 sophomore Wang was expelled from a university in Hebei for carrying a note in the final exam.
Event 6: 201111. 10, a university in Beijing decided to drop out of school on the grounds that Ai failed the physical examination. In fact, Ai, as a special student, had passed all kinds of examinations before entering school in September.
Under what circumstances can colleges and universities make a decision to expel students?
According to the provisions of Article 54 of the Regulations on the Administration of Students in Colleges and Universities, a student may be expelled from school in any of the following circumstances:
(1) Violating the Constitution and opposing the Four Cardinal Principles, undermining stability and unity and disturbing social order;
(two) in violation of state laws, which constitutes a criminal offence;
(three) due to violation of public security management punishment, the nature of bad;
(four) taking exams for others, taking exams for others, organizing cheating, cheating with communication equipment and other serious cheating behaviors;
(five) plagiarism, plagiarism of other people's research results, if the circumstances are serious;
(six) violation of school rules and regulations, seriously affecting the order of school education and teaching, life order and public place management order, infringing on the legitimate rights and interests of other individuals and organizations, resulting in serious consequences;
(seven) repeated violations of school rules by disciplinary action, education does not change.
According to Article 54 of the Regulations on the Administration of Students in Colleges and Universities, should the students in the six incidents really be sentenced to "capital punishment"? The school's decision to expel students from the school may be based on the relevant provisions of the Regulations on the Management of Students in Ordinary Colleges and Universities, and may also be based on the implemented rules and regulations. Of course, the rules and regulations formulated by colleges and universities cannot conflict with laws and regulations. In addition, it is necessary to strictly define "serious". The author believes that this definition cannot be decided by the school through rules and regulations, and because of the imperfection of the current laws and regulations, this definition will ultimately be judged by the judicial organs.
Solutions to college students being expelled from school or ordered to drop out of school
The punishment of expelling students from school or ordering them to drop out of school is undoubtedly depriving them of their right to education. For a student who has not entered the society, this result will definitely have a great change and influence on his life. Therefore, this kind of "capital punishment" should be cautious. Perhaps considering the uncertainty brought by this "capital punishment" and the risk of preventing the abuse of "capital punishment" in colleges and universities, Articles 55-66 of the Regulations on the Management of Students in Ordinary Colleges and Universities strictly regulate the punishment behavior of colleges and universities and provide procedural guarantee for college students' rights protection. If college students think that the punishment of the school is not objective, unfair and unreasonable, they can defend their rights through corresponding procedures. The author summarizes the solution procedures for college students to be expelled from school or ordered to drop out of school as follows:
The first step, in the face of a punishment, students should consider the following situations: whether the punishment procedure of the school is proper, whether the evidence is sufficient, whether the basis is clear, whether the nature is accurate, and whether the punishment is appropriate; Whether the school has listened to the statements and arguments of the students or their agents; Whether the school's decision to expel students from school has been studied and decided by the principal's meeting.
Step 2: If the student refuses to accept the punishment decision, he can submit a written complaint to the school student complaint handling committee within 5 days after receiving the punishment decision;
Third, after the complaint, the school will review the student's complaint. Students who are still dissatisfied with the school's review decision may submit a written complaint to the provincial education administrative department where the school is located within 15 working days from the date of receiving the decision;
Step 4: The provincial education administrative department shall handle the complainant's questions and answers within 30 working days from the date of receiving the student's written complaint. If the students are still dissatisfied with the answer, they may bring an administrative lawsuit to the grassroots people's court where the school is located.
Concluding remarks
Presumably, any institution of higher learning will not tolerate students' unprincipled violations of law and discipline, because it is related to the management of the school and the fairness of students' right to education. However, colleges and universities can't take the mentality of "killing chickens as an example" and impose "capital punishment" on students without full argumentation. After all, under the existing system, expulsion from school is not only depriving students of the right to education, but also a disaster for them.
Therefore, college students' entrance education is particularly important. Colleges and universities must vigorously publicize the seriousness of laws, regulations and disciplines in the process of entrance education, so that students can deeply understand the scope of what can and cannot be done in the process of university education and the possible serious consequences.
Secondly, if similar cheating happens, the school should handle it carefully, so that the facts are clear, the basis is sufficient, and the punishment is reasonable and legal.
Finally, the legislature should improve the legislation of relevant legal issues between universities and students as soon as possible, standardize the management functions of universities, and then strengthen the protection of students' right to education.
Author: Jiao Jingshou lawyer