Measures for Disciplinary Punishment of Jinggangshan University for the Disciplinary Violations Made by the International Students in China

Chapter I General Provisions

Article 1 These Measures are formulated, in order to strengthen the education management of the international students in China (hereinafter referred to as "international students"), create good study and living environment for them, promote the healthy development of international student education, in accordance with the Law of the People's Republic of China on the Entry and Exit, Regulations regarding Higher Education Quality of the International Students (Trial), Administration Measures for Recruiting and Cultivating International Students (No. 42 Decree) promulgated by the Ministry of Foreign Affairs, the Ministry of Education and the Ministry of Public Security and other relevant regulations, with reference to Management Regulations of Students in Jinggangshan University (revised in 2018) and in combination with the actual situation of the international students in the University.

Article 2 These Measures apply to all kinds of international students studying in the University.

Article 3 During the period of study in the University, international students who commit disciplinary violation, whether on campus or off campus, shall be given the punishment in accordance with these Measures.

Article 4 The disciplinary violations as mentioned in these Measures refers to the violation of Chinese laws, regulations or the various management systems of the University (hereinafter referred to as disciplinary violations, similar hereinafter). International students who commit disciplinary violation shall be criticized, educated or disciplined by the University. 

Article 5 The University shall adhere to the principle of taking ideological education as the priority and punishment as the supplement, combining education and punishment together. Punishments over students who commit disciplinary violation shall be legal, fair, just and open, with proper procedures, sufficient evidences, clear bases, accurate characterization and appropriate punishment. The students' right to appeal shall be protected. 

Article 6 International students shall have the right to make a statement, defense and appeal against the punishments in accordance with the procedures.

Chapter II Types and Application of Disciplinary Punishment

Article 7 Disciplinary punishments shall be divided into warning, severe warning, recording of demerit, academic probation, and expulsion from school roll. 

Article 8 Any one of the following circumstances may be given a lighter, mitigated or exempted punishment: 

(1) Admitting to a mistake voluntarily, giving an honest account of the mistake, having a deep understanding of the mistake and showing obvious repentance; 

(2) Voluntarily suspending the disciplinary violations or taking measures to recover the influence; 

(3) Being coerced or enticed into committing disciplinary violations by others;

(4) Having consistently performed well at ordinary times and being a first-time offender; 

(5) Other circumstances under which a lighter, mitigated or exempted punishment shall be given. 

Article 9 Any one of the following circumstances shall be given a heavier punishment:

(1) Having a bad attitude of admitting the mistakes or refusing to admit the mistakes;

(2) Having a bad affect or seriously damaging the reputation of the University;

(3) Abetting, coercing or enticing others to commit disciplinary violation;

(4) Plotting or organizing the group disciplinary violations;

(5) Providing false evidences after disciplinary violations and obstructing the investigation and collection of evidences;

(6) Threatening, intimidating or retaliating against the whistleblowers, the witnesses or the staff.

(7) Having been punished during the years in the University;

(8) Other circumstances under which a heavier punishment shall be given.

Article 10 The period of academic probation shall be one year, counted from the date on which the written decision of disciplinary punishment is issued. If an international student in the graduating class is placed on academic probation for disciplinary violation, the academic period of academic probation shall end upon graduation. If an international student suspends the schooling for any reason during the period of academic probation, the period of suspension shall not be counted in the period of academic probation. During the period of academic probation, based on the different performance of the student, the ways of treatment are as follows: 

(1) If he/she has performed outstanding or meritorious deeds, he/she may make an application, after which an proposal will be made after discussion by the Party and government joint meeting of the International College and submitted to the president's office meeting for approval for releasing the academic probation in advance; 

(2) If he/she has not committed any disciplinary violation, then, upon the expiration of the period of academic probation, he/she may make an application, after which an proposal will be made after discussion by the Party and government joint meeting of the International College and submitted to the University for approval for releasing the academic probation on time; 

(3) If he/she has committed any disciplinary violation and may be given any disciplinary punishment in accordance with relevant regulations, then he/she shall be expulsed from school roll; 

(4) If his/her disciplinary violation is not sufficient for disciplinary punishment, the period of academic probation may be extended for six months or one year, depending on the circumstances, after discussion on the president's office meeting, provided that the cumulative period of academic probation shall not exceed two years. 

Article 11 An international student who has been expulsed from school roll must go through the relevant procedures and leave the University within one week after receiving the written decision of disciplinary punishment. The University shall issue a certificate of study and cancel his/her residence permit with the exit and entry administration department. 

If he/she does not leave the University within the time limit, it shall be enforced by the Security Department of the University, the International College and Ji'an Exit and Entry Administration Department. 

Article 12 In case of any loss caused by any violation of laws, regulations or disciplines, in addition to receiving the corresponding punishment in accordance with these Measures, he/she shall make compensation for the losses in accordance with the law.

Article 13 International students who are subject to disciplinary punishment shall be disqualified from all merit evaluation and scholarship evaluation for the same academic year.

Chapter III Disciplinary Violations and Punishments

Article 14 International students shall be expulsed from school roll under any of the following circumstances: 

(1) Violating Chinese laws and constituting a criminal offence;

(2) Having been punished by the administration of public security, the circumstances of which are serious and the nature of which is flagrant; 

(3) Taking the place of another person or allowing another person to take the place of him to participate in the examination, organizing cheating on the examination, using communication equipment to cheat on the examination, selling examination questions or answers to another person for profit, or committing other acts of serious examination cheating or disturbing the examination order; 

(4) Plagiarism, falsification, forgery and other academic misconduct in the academic dissertations and other published research results under serious circumstance, or writing dissertations for others, or buying or selling dissertations; 

(5) Violation of the regulations of the University, which seriously affects the order of education, teaching, living and management of public places; 

(6) Infringing upon the lawful rights and interests of other individuals or organizations, causing serious consequences;

(7) Damaging public property, causing serious losses or damages;

(8) Repeatedly violating the regulations of the University, having been subject to disciplinary punishment and rejecting to make correction after education;

(9) Other acts of violating the laws or disciplines, the circumstances of which are serious.

Article 15 Those who violate the Chinese laws and regulations and is punished by the judicial department shall, depending on the circumstances, be given the following punishments: 

(1) Where the visa or residence permit expires, warning or more serious punishment will, depending on the circumstances, be given; 

(2) Where a public security warning or fine is imposed, a demerit recording will be made. 

(3) Where administrative detention is sentenced, punishment of academic probation or expulsion from school roll will be given.

Article 16 Those who commit any of the following acts of picking quarrels and provoking trouble or fighting shall, depending on the circumstances, be given warning and the following punishments:

(1) Those who organize fighting shall be given a punishment of severe warning or demerit recording; those who organize fighting and cause serious consequences shall be given the punishment of academic probation or expulsion from school roll; 

(2) Those who participate in fighting shall be given a punishment of warning or severe warning; those who participate in fighting and cause minor injury to others shall be given a punishment of demerit recording or academic probation; those who participate in fighting and cause serious injury to others shall be given a punishment of expulsion from school roll.

(3) Those who incites or instigates others, stirs up quarrels and aggravates contradictions, deliberately instigates troubles or causes the situation of fighting to expand, resulting in adverse consequences shall be given the punishment of a severe warning or demerit recording; those causing serious consequences shall be given the punishment of academic probation or expulsion from school roll.

(4) Those who provides a murder weapon for a fight without causing serious consequences shall be given the punishment of severe warning or demerit recording; those causing serious consequences shall be given the punishment of academic probation or expulsion from school roll.

(5) Those who, during the investigation of a brawl incident, intentionally give false testimony for another person and cause difficulties in the investigation shall be given the punishment of severe warning or demerit recording.

Article 17 Those who commit any of the following acts of disturbing public order shall, depending on the circumstances, be given the following punishments:

(1) Those who steal, swindle, seize or extort public property shall be given the punishment of warning or severe warning; if the amount is relatively large or such persons steal, swindle, seize or extort against several persons for several times, they shall be given the punishment of demerit recording or academic probation;

(2) Those who intentionally damage public property or the property of another person, in addition to paying compensation in accordance with the value, shall be given the punishment of warning or severe warning; those who cause serious consequences and still reject to make correction after education shall be given the punishment of demerit recording or academic probation.

(3) Those who disturb the order of teaching and living and the order of administration in public places shall be given the punishment of warning or severe warning; those who cause serious consequences and still reject to make correction after education shall be given the punishment of demerit recording, academic probation or expulsion from school roll.

(4) Those who organize, plan or participate in illegal business operations such as pyramid selling shall be given the punishment of severe warning, demerit recording or academic probation. 

(5) Those who drink excessively and cause adverse effects shall be given the punishment of warning; those who are intoxicated and cause trouble shall be given the punishment of severe warning or demerit recording; those who cause trouble after drinking and cause serious consequence shall be given the punishment of academic probation or expulsion from school roll.

(6) Those who have committed the act of gambling shall be given the punishment of demerit recording; if the circumstances are flagrant, they shall be given the punishment of academic probation or expulsion from school roll; those who take drugs, sell drugs, engage in prostitution or whoring shall be given the punishment of expulsion from school roll.

(7) Those who have insulted or slandered others, spread rumors, incite or disturbed the public opinion in the public places, on the Internet or by any other public means shall be given the punishment of warning or severe warning; if the circumstances are serious, they shall be given the punishment of demerit recording or academic probation; 

(8) Those who organize or plan missionary or terror-related activities shall, depending on the circumstances, be given the punishment of academic probation or expulsion from school roll;

(9) Those who commit sexual harassment or indecent acts against another person shall be given the punishment of severe warning or demerit recording; if the circumstances are serious or the consequences are serious, they shall be given the punishment of academic probation or expulsion from school roll.

(10) Those who engage in business or other business activities in violation of regulations shall be given the punishment of warning or severe warning; those who cause serious consequences or is punished by the relevant departments shall be given the punishment of demerit recording or more severe punishments.

Article 18 Those who disturb the order of administration or damages public property of the University shall, depending on the circumstances, be given the following punishments:

(1) Those who disturb the order of classes, libraries, laboratories, computer rooms, meeting places, sports venues, office buildings, dormitories, canteens and other public places, for which the University's teaching, scientific research and other activities or the learning and life of teachers, students and staff cannot be carried out normally, shall be given the punishment of warning or severe warning;

(2) Those who spread computer viruses through computer networks; use the Internet and communication tools to produce and disseminate information that endangers the public security and disturbs the social order; produce or disseminate the pornographic, obscene, fraudulent, false or defamatory information about others shall be given the punishment of demerit recording or academic probation; 

(3) Those who disseminate information that endangers the public security or disturbs the public order or pornographic, obscene, fraudulent, rumor or defamatory information through publicity leaflets or other means shall be given the punishment of demerit recording or academic probation; 

(4) Those who deface or destroy the teaching, scientific research, communication, fire control and daily life equipment and other public facilities and equipment and damage the campus environment shall, depending on the circumstances, be given the punishment of warning or severe warning.

(5) Those who forge certificates, alter certificates or commit other acts of fraud shall be given the punishment of warning or severe warning; if the circumstances are serious, they shall be given the punishment of demerit recording or more severe punishments;

(6) Those who keep pets on campus or bring them into classrooms, offices, laboratories, dormitories and other places without listening to the dissuasion shall be given the punishment of warning or severe warning;

(7) Those who violate the traffic laws on or off campus shall be given the punishment of demerit recording, academic probation or expulsion from school roll;

(8) Those who seriously obstruct the study or life of others and refuse to listen to the dissuasion shall be given the punishment of warning or severe warning.

(9) Those who, in the name of the University or another person, infringe upon the interests of the University or another person and cause adverse effects or losses to the University or another person shall be given the punishment of warning or severe warning and those causing serious consequences shall be given the punishment of demerit recording or academic probation.

(10) Those who organize and establish an unapproved student organization and carry out activities and fail to make correction after education shall be given the punishment of warning or severe warning and those causing serious consequences shall be given the punishment of demerit recording or academic probation. 

(11) Those who, without permission, illegally hold a demonstration, etc. shall be given the punishment of academic probation or more serious punishment.

Article 19 Those who violate the regulations of dormitory management shall, depending on the circumstances, be given the following punishments:

(1) Those who refuse to implement the dormitory arrangement of the University and arbitrarily change the dormitory shall be given the punishment of severe warning.

(2) Those who accommodate the opposite sex or outside personnel or those who stay in the dormitory of the opposite sex shall be given the punishment of demerit recording or academic probation; if the circumstances are serious and serious consequences are caused, they shall be given the punishment of expulsion from school roll.

(3) Those who, without approval, rent a house off campus shall be given the punishment of severe warning or demerit recording and those causing serious consequences shall be given the punishment of academic probation or expulsion from school roll.

(4) Those who illegally pull electric wires or use illegal electric appliances in the dormitory shall be given the punishment of warning or severe warning and those causing serious consequences shall be given the punishment of demerit recording or more serious punishment.

(5) Those who burn articles or use an open fire in a dormitory or corridor shall be given the punishment of severe warning and demerit recording and those causing fire shall be given the punishment of demerit recording or more serious punishment.

(6) Those who violate the work and rest system of the dormitory, seriously affecting the normal study and life of others and refusing to listen to the dissuasion shall be given the punishment of severe warning or demerit recording;

(7) Those who disrupt the normal management order by gathering people to heckle, make loud noises, set off fireworks and firecrackers or throw objects from high altitude shall be given the punishment of warning or severe warning and those causing personal injury shall be given the punishment of demerit recording or more serious punishment.

(8) Those who carry or possess prohibited articles shall be given the punishment of severe warning or demerit recording.

(9) Those who return late or fail to return to bed at night for many times and fail to improve after repeated education shall be given the punishment of demerit recording; if the circumstances are serious, they shall be given the punishment of academic probation or expulsion from school roll.

(10) Those who violate the relevant regulations on electricity, water and access control of the dormitory shall be given the punishment of warning or severe warning; if the circumstances are serious, they shall be given the punishment of demerit recording or more serious punishment.

(11) Those who violate the dormitory health system, affecting the health of others and refusing to listen to the dissuasion shall be given the punishment of severe warning or demerit recording.

(12) Those who do not obey the dormitory management shall, depending on the circumstances, be given the punishment of severe warning or more serious punishment.

Article 20 The unexcused absences in a semester (counted by actual teaching hours, and social practice per day counted as 4 class hours) shall, depending on the circumstances, be given the following punishments: 

(1) Giving disciplinary warning for absence for 20-29 class hours; 

(2) Giving serious disciplinary warning for absence for 30-39 class hours; 

(3) Making demerit recording for absence for 40-49 class hours; 

(4) Giving the punishment of academic probation for absence for 50-59 class hours;

(5) Giving the punishment of expulsion from school roll for absence for 60 class hours or more; 

Article 21 Those who violate the disciplines of examination shall, depending on the circumstances, be given the following punishments:

(1) Those who seriously violate the disciplines of examination shall be given the punishment of demerit recording;

(2) Those who cheat on the examinations shall be given the punishment of academic probation; 

(3) Those who seriously cheat on the examinations shall be given the punishment of expulsion from school roll.

Article 22 Those who go for swimming in a river, lake or pond without permission shall be given the punishment of demerit recording or more serious punishment.

Article 23 Those who leave the University without permission and lose contact for less than 3 days shall be given the punishment of warning or severe warning. Those who leave the University without permission and lose contact for more than 3 days and less than 1 week shall be given the punishment of demerit recording. Those who leave the University without permission and lose contact for more than 1 week and less than 2 weeks shall be given the punishment of demerit recording. Those who leave the University without permission and lose contact for more than 2 weeks shall be dealt with in accordance with the regulations regarding school roll management of the University.  

Chapter IV Handling Procedures for Disciplinary Punishments

Article 24 Procedures for disciplinary punishments shall consist of such procedures as investigation of disciplinary violations, making suggestions for disciplinary punishments, making decisions of disciplinary punishments and appealing for disciplinary violations. 

Article 25 The International Student Affairs Office of the International College shall be responsible for investigating the disciplinary violations of the international students. If disciplinary punishment is required, the International Student Affairs Office shall submit a written recommendation report for disciplinary punishments. The written recommendation report shall include the student's name, student number, cause for the disciplinary punishment, basis for the disciplinary punishment and level of the disciplinary punishment, and shall be accompanied by relevant evidentiary materials. 

Article 26 Decision of disciplinary punishments and procedures for application for approval:

(1) For those who are given the punishment of warning, severe warning and demerit recording, the International Student Affairs Office of the International College shall put forward a written handling opinion, which shall be reviewed by the Party and government joint meeting of the International College and reported to the leader in charge of University for approval.

(2) For those who are given the punishment of academic probation or expulsion from school roll, the International Student Affairs Office of the International College shall put forward a written handling opinion, which shall be reviewed by the Party and government joint meeting of the International College and submitted to the President's Office for approval.

Article 27 The University shall, before making a decision regarding the disciplinary punishment of an international student, listen to the statement and argument of the student himself and inform the student of intention of punishment. 

Article 28 The University shall issue a written decision of disciplinary punishment to the international student after it has made the decision of punishment, which shall be delivered to the international student by the class director. The written decision of disciplinary punishment of expulsion from school roll shall be submitted to the Jiangxi Provincial Department of Education and Ji'an Entry and Exit Administration for recording. 

Article 29 If an international student has any objection against the decision of punishment, he/she may file a written complaint to the Student Complaint Handling Committee of the University within 5 working days after receiving the written decision of disciplinary punishment. The complaint procedures shall be executed in accordance with the Administrative Measures for Student Complaints of Jinggangshan University. 

Article 30 The Student Complaint Handling Committee shall review the complaints submitted by the international student and, within 15 working days from the date of receiving the written complaint, make a review conclusion and inform the complainant. If the original decision of punishment needs to be changed, the student complaint handling committee shall submit it to the leader in charge or the President's Office for a new study and decision. 

Article 31 If the international student has any objection to the decision of the review, he/she may lodge a written complaint to the Jiangxi Provincial Department of Education within 15 working days after receiving the decision. The complaint procedures shall be subject to relevant regulations made by Jiangxi Provincial Department of Education. 

Article 32 From the date of delivery of the decision of disciplinary punishment or review, if an international student fails to file a complaint within the period for complaint, the University will not accept the complaint filed by him/her any more. 

Chapter V Supplementary Provisions

Article 33 The International College shall be responsible for the interpretation of these Measures.

Article 34 These Measures shall be implemented as of the date of promulgation, and the Measures for Disciplinary Punishments of Jinggangshan University for the Disciplinary Violations Made by the International Students promulgated in 2013 shall be abolished simultaneously. 

Printed and issued by President’s Office of Jinggangshan University on December 29, 2018