Chapter I General Articles
Article 1. This Provision is formulated according to the relevant requirements of the Provision on the Administration of Students in Regular Institutions of Higher Education, the Provision on Administration of Students of Shanghai University of Traditional Chinese Medicine and practical situation of our university, for the purpose of maintaining the normal educational management order, providing a favorable environment of both study and living for students, guaranteeing the healthy growth of the students, and achieving the administrative goals to improve the lawful management of the university and moral education for the students.
Article 2. This provision is applicable to the full-time postgraduates, the undergraduate-postgraduate students, the undergraduates, the students from junior college to undergraduate diploma, the junior college students and higher vocational students who are officially registered our university, including the students from Taiwan, Hong Kong and Macao and the overseas Chinese students.
Chapter II Types of Disciplinary Sanction and Punishment
Article3. For the student who has activities against the laws, regulations or disciplines, the university will criticize and educate him / her. And if the circumstances are serious, the university will give him / her the disciplinary sanction and punishment.
Disciplinary sanction and punishment are classified into five types form light to heavy in succession as follows:
1. A warning;
2. A serious warning;
3. A demerit;
4. A disciplinary probation; and
5. An expulsion from the university.
Article 4. For the student who has activities against regulations and disciplines and also contravenes the state laws and regulations, or who has been punished by the police or judiciary because of his activities against the state laws and regulations, the university will punish him / her according to the following provisions:
- For the student who has been served a warning or fine punishment because of his / her activities against Security Administration Regulations, the university will serve him / her a serious warning or a demerit according to the seriousness of the circumstances.
- For the student who has been served a security detention, the university will give him / her a demerit or disciplinary probation.
- For the student who has been served a criminal punishment, the university will give him / her an expulsion from the university.
Article 5. The student who has activities to violate the Constitution, to oppose the Four Cardinal Principles, to undermine the stability and unity, or to disturb the social and public orders, the university will give him / her a serious warning or heavier in accordance with the seriousness of circumstances.
If those activities constitute a crime and he / she has been served a criminal punishment, the university will give him / her an expulsion from the university.
Article 6. The student provokes a fight,, or pick a quarrel and make a trouble, the university will give him / her a disciplinary sanction and punishment in accordance with the seriousness of the circumstance.
1. For the student who begins a fight, the university will give him / her a warning or heavier; for the student who strike others to cause crippling, the university will give him / her a demerit or heavier according to the seriousness of crippling; for the student who commits an armed fight, the university will give him / her a disciplinary probation or heavier in accordance with the seriousness of the circumstance.
2. For the student who organizes, brews, or agitates others to fight, the university will give a serious warning or heavier in accordance with the seriousness of the circumstance.
3. For the student who organizes a gang fight, the university will give him / her a demerit or heavier in accordance with the seriousness of the circumstance.
4. For the student who intentionally provides equipment for others in a fight, the university will give him / her a demerit or heavier; if a serious consequence occurs, the university will give him / her a disciplinary probation or heavier.
If those activities constitute a crime and he / she has been served a criminal punishment, the university will give him / her an expulsion from the university.
Article 7. For the student who occupies, steals, swindles, or destroys the state, collective or private property of others, the university will give him / her a sanction and punishment in accordance with the seriousness of the circumstance.
I. For the student who occupies, steals, or swindles the public or private property, the university will give him / her a sanction and punishment in accordance with the seriousness of the circumstance.
1. For the student who occupies, steals, or swindles the public or private property that worth not more than RMB100, the university will give him / her a warning.
2. For the student who occupies, steals, or swindles the public or private property that worth more than RMB100 but less than RMB500, the university will give him / her a serious warning.
3. For the student who occupies, steals, or swindles the public or private property that worth more than RMB500 but less than RMB1000, the university will give him / her a demerit.
4. For the student who occupies, steals, or swindles the public or private property that worth more than RMB1000, the university will give him / her a disciplinary probation.
5. For the student who possesses the activities described in this article and also has been punished because of his / her violation of security regulations, the university will give him / her a disciplinary probation.
6. For the student who possesses the activities described in this article and also has received a criminal punishment because of his / her constitution of a crime, the university will give him / her an expulsion from the university.
II. For the student who steals or destroys the public books or magazines from the public library, he / she should stand the economic loss and the university will give him / her a warning or a serious warning, or a demerit if the circumstance is serious.
III. For the student who intentionally destroys the public or private property, he / she should stand the economic loss and the university will give him / her a serious warning. For the student who destroys others’ property and leads to a more serious loss or circumstance, the university will give him / her a demerit or a disciplinary probation.
Article 8. For the student who plays mahjong inside the campus without gambling, the university will give him / her a warning. For the student who plays mahjong inside the campus with the conduct of gambling or creates conditions and convenience for gambling, the university will give a serious warning or a demerit.
If the student refuses to mend his / her way despite admonition, the university will give him / her a demerit or a disciplinary probation.
Article 9. For the student who intentionally disturbs the normal teaching or living order inside the campus or students’ dormitory, the university will give a serious warning. If the student does not yield the persuasion or the circumstance is serious, the university will give him / her a demerit or a disciplinary probation.
Article 10. For the student who has misconducts inside the campus or students’ dormitory, the university will give him / her a serious warning, a demerit or a disciplinary probation.
Article 11. For the student who stay over night at the room of a person of the opposite sex or hold guest of the opposite sex over night, the university will give him / her a warning. If the circumstance is serious, the university will give him / her a demerit. For the student who keeps an alien in his / her room, the university will give him / her a warning. If the student does not yield the persuasion or the circumstance is serious, the university will give him / her a serious warning. If the act causes serious consequence, the university will give him / her a demerit.
Article 12. For the student who misuses the electrical appliances or open fire against the relevant regulation, the university will criticize him / her. and education. If the student does not yield the persuasion or the circumstance is serious, the university will give him / her a serious warning.
For the student who sets off a fire or a fire alarm, he / she should stand the economic loss, and the university will give him / her a demerit or heavier.
Article 13. For the student who forges or uses the false certificates or paperwork, the university will give him / her a warning, a serious warning, a demerit or a disciplinary probation according to the seriousness of the circumstance.
Article 14. For the student who gives a false testimony or makes a false report, the university will give him / her a serious warning, a demerit or a disciplinary probation. If a serious consequence occurs, the university will give him / her an expulsion from the university.
Article 15. For the student who engages in the illegal activities, invades another person’s legal rights, issues or disseminates the reactionary statements or bad information through the computer, internet or other communication means, the university will give him / her a serious warning or heavier according to the seriousness of the circumstance.
For the student who misuses, deletes or change the information system, or the stored, processed or transmitted data or application programs in the information system, the university will give him /her a serious warning. If a serious consequence occurs, the university will give him / her a demerit.
Article 16. For the student who plagiarizes other’s research results, the university will give him / her a serious warning or heavier. If the circumstance is very serious, the university will give him / her an expulsion from the university.
Article 17. For the student who is absent in the teaching activities required by the university without his / her written application and university approval, the university will give him / her a serious warning if the absence is less than 1 week, and a demerit if the absence is more than 1 week and less than 2 weeks. Absence in the activities required by the university is more than 2 weeks in total, the university will give him / her an expulsion from the university. The asking off procedure in clinical probation and practice may be implemented by making reference to the relevant regulations in the Provisions of International Student Management and the Graduating Internship Outline.
Article 18. For the student who breaks the rules of examination, the university will give him / her a serious warning or a demerit; for the student who commits cheating during an examination, the university will give him a disciplinary probation; for the student who practices fraud in an examination, or substitutes for others to take an examination, or organizes a cheating activity in an examination, or commits cheating with communication equipments, or practices other serious cheating activities, the university will give him / her an expulsion from the university.
Article 19. For the student who has the activities against the disciplines and possesses one of the following circumstances, the university will give him / her a less punishment:
(1) Voluntarily admitting his wrong activities with a correct attitude, and sincerely willing to make repentance;
(2) Actively assisting the investigation;
(3) Voluntarily accusing and exposing others’ activities against the disciplines.
Article 20. For the student who has the activities against the disciplines, the university will give him / her a more severe punishment if he / she involves in the one of the following circumstances:
(1) Refusing to admit the mistakes, or having an ill apologetic attitude;
(2) Intentionally concealing his / her other activities against the disciplines;
(3) Forming an offensive and defensive alliance, or conducting reprisals on the prosecutors or witness;
(4) Again having the activities against the disciplines on the basis of previous sanction and punishment;;
(5) Having two or more activities against the disciplines simultaneously;
(6) Colluding with aliens to engage in the activities against the laws and disciplines;
(7) Getting alcoholism and making trouble.
Article 21. For the punished student in the circumstance of lesser punishment or a more severe punishment, the punishment should be given within the required limit. For the punished student in the circumstance of lesser punishment in this Provision, a lesser punishment should be given.
Chapter III Relevant Regulations
Article 22. The duration of a disciplinary probation usually lasts for one year, as reckoned from the day when the decision of disciplinary punishment is made. The College the student belongs to is responsible to supervise the student who has been punished by a disciplinary probation. For the student who repents sincerely during his / her disciplinary probation, the disciplinary probation may be terminated punctually. For the student who has more activities against the disciplines during his / her disciplinary probation, the university will give him / her an expulsion form the university.
Article 23. For the senior student who has the activities against the disciplines and regulations, the university will not give him / her a disciplinary probation. According to the fact, nature and circumstance of his activities against the disciplines, and his / her awareness to his activities against the disciplines, the university will give him / her a relevant punishment.
Article 24. For the student who received the punishment of expulsion from the university, the university will issue him / her a certificate of studying length. The student should conduct the leaving procedure within one week after the punishment is made, and his / her archives and registered residence will be transferred to his / her original place of registered residence.
Article 25. For the student who receives disciplinary punishment, he / she will automatically lose the qualification of gaining all types of award, scholarship and honorary title in that year.
Article 26. The student’s paper document of disciplinary sanction and punishment should be kept completely and truthfully in the administrative archival document and the student’s personal archive by the university. The department of archive administration is responsible for the archive filing. For the student who leaves the university due to other reasons (as the academic dismissal, course incompletion, etc.) and whose personal archive is not transferred promptly, the university will keep his / her archive for 3 months and then transfer it to the student’s original place of registered residence.
Chapter IV Procedure and Authority of Disciplinary Punishment
Article 27. The disciplinary sanction and punishment to the student should be righteous in the procedure, adequate in collection of evidence, definite in reference, precise in qualitative identification and proper in severity of punishment.
When the student has the activities against the disciplines and regulations and needs to be punished with a warning, a serious warning, a demerit or a disciplinary probation, his / her college should submit the report of his / her activities against the disciplines to the Department of Students’ Affairs Management. The Department of Students’ Affairs Management shall advice the university leaders who will approve the report at the type punishment.
When the student has the sever activities against the disciplines and regulations and needs to be punished with an expulsion from the university, his / her college should submit the report of his / her activities against the disciplines to the Department of Students Affairs Management. The Department of Students’ Affairs Management shall advice the university leaders at the type of punishment, and the report will be discussed and approved by the council of presidents.
Article 28. When the student has the activities against the disciplines, the relevant functional department should investigate the issue promptly, and transfer the original document of his / her activities against the disciplines to the Department of Students’ Affairs Management, and the copy to his / her college. If his / her college is responsible for the investigation, the college should submit the report of the student’s activities against the disciplines to the Department of Students’ Affairs Management promptly after the careful investigation. The postgraduate’s or the continuing education student‘s activities against the disciplines should be investigated by the Graduate School and the Continuing Education College respectively. The college involved should advice the university at the types of punishment, and then transfer the report to the university leaders, and the report will be discussed and approved by the council of presidents.
Article 29. The decision of punishment to the student who has the activities against the disciplines should be made within one week after the receival of the materials on his / her activities against the disciplines.
For the student who has been punished by the police, the procurator or the court, the decision of punishment on his / her activities against the disciplines should be made within one week after the receival of the punishment notice given by the above-mentioned constitutions.
Article 30. Before making the decision of sanction and punishment to student, the university should hear the statement of defense by the student of his / her entrusted agent.
If the student has objection to the recognition of his / her activity of breaking rules of examination or cheating, he/she may make defense to the Academic Administration on the spot. The Academic Administration will organize the main examiner and supervisor of that examination to identify his / her activities against the disciplines and to make the identification report.
Article 31. The written decision of sanction and punishment should be delivered to the punished student himself / herself. The punished student should sign the return receipt to express the receival. If the student refuses to sign, the server may leave the written decision of sanction and punishment at his / her residence location, make a specification on the return receipt, and invite the present to sign to prove. The process is taken as delivery and receival.
In the case that the written decision fails to be delivered to the punished student due to some special reasons, the university will publicly notify it inside the campus. If the public notification period reaches two weeks, it is taken as delivery and receival.
The punishment notice of expulsion from the university will be to the Shanghai Municipal Education Commission for filing for record.
Article 32. When the disciplinary probation expires, the student himself / herself will present a written application. His / her college shall report the Department of Students’ Affairs Management his / her behavioral expression and the suggestion if the expiration of disciplinary probation is consented. The Department of Students’ Affairs Management will examine and verify the report, and then transfer to the university leader. If the decision to expire the disciplinary probation is made, the university will make the expiration notice of the disciplinary probation and deliver it to the student himself / herself.
The relevant decision paper will be kept in school administrative archive and the student’s personal archive.
Article 33. For the punished student with a warning, a serious warning or a demerit who is sincerely repentant and performs well or makes distinct improvement, his / her punishment notice may not be kept in his / her personal archive by his / her written application. His / her college will offer a written suggestion to the Department of Students’ Affairs Management according to the student’s behavioral expression after a careful investigation. The Department of Students’ Affairs Management will make a decision after examination and verification.
This Article is not applicable to the student who is punished in the last semester.
Chapter V Supplementary Articles
Article 34. For the student who has the activities against the disciplines not listed in this Provision and needs to be punished, the university will give him / her a relevant sanction and punishment according the related articles in the Provision, on the basis of discussion and determination at the Council of Presidents.
Article 35. For the student of the higher continuing education or the overseas student who has the activities against the disciplines, the sanction and punishment are given according to relevant State laws and regulations. If the State laws and regulations do not cover, the punishment can be carried out by referring to this Provision.
Article 36. This Provision is approved by the Council of President, and becomes effective on the day of publication. The previous “Disciplinary Sanction Regulation, Shanghai University of Traditional Chinese Medicine” is simultaneously abolished.
Article 37. The Department of Students’ Affairs Management is authorized to interpret the Provision by the Council of Presidents.
The activity that is not regarded as undisciplined in the previous Provision is applicable to the previous Provision. The activity that is regarded as disciplined in the previous Provision but undisciplined in this Provision is applicable to this Provision. If the activity against the disciplines with lesser punishment in this Provision, it is applicable to this Provision.
The activities against the disciplines that has been punished according to the previous Provision before the effect of this Provision, the punishment is continuously effective.