Chapter I General Provisions
Article 1 In order to maintain the normal teaching and living order of school, protect the legitimate rights and interests of international students and build good school spirit and good style of study, according to the Higher Education Law of the People's Republic of China, Administrative Provisions on Acceptance of International Students by Universities and Colleges, Regulations of the Management of Students by Universities and Colleges, Constitution of USC, other relevant documents, as well as the realities of international students of our university, these measures have been developed and enacted.
Article 2 For the purposes of these measures, the term “an international student” refers to the student including the degree student (undergraduate, graduate and PhD students) and the non-degree student (preparatory students, visiting scholars) who receives education at University of South China but does not have a Chinese nationality.
Article 3 An international student who violates the laws, regulations, and provisions of the State during his or her study in school, or violates school rules and regulations, or violates social ethics or academic ethics shall be subject to a disciplinary punishment in accordance with these Measures.
Article 4 A disciplinary penalty shall be imposed in an open and fair manner to protect the legitimate rights and interests of students, to protect the dignity of students, and to adhere to the combination of education and punishment. The implementation of a disciplinary punishment shall be based on the principles of justified procedures, sufficient evidence, accurate evaluation and appropriate punishment.
Article 5 An international student shall have the right to state and defend themselves against a disciplinary punishment. If one is not satisfied with the disciplinary punishment, he or she has the right to appeal.
Chapter II Types and Application of Punishment
Article 6 types of disciplinary punishments:
To degree students disciplinary punishments are divided into the following five types: (1) warning, (2) severe warning, (3) demerit, (4) academic probation, and (5) expulsion.To non-degree students, a warning, demerit or expulsion may be applied in accordance with the circumstances of violation of disciplines. If a violation of disciplines by a non-degree student is serious enough for suspension or above, the punishment of expulsion shall be applicable.If an international student commits a violation of disciplines, but the violation is not serious enough to give a disciplinary punishment, the international college may issue a public notice of criticism and urge him or her to correct his or her mistakes.
Article 7 Punishment periods:
To degree students, the period of a warning or a severe warning shall be six months; the period of demerit or academic probation is 12 months.
To non-degree students, the period of a warning is 2 to 3 months; the period of a demerit is 4 to 6 months.
The punishment period of graduation grade students shall not exceed the graduation date.
If a student is suspended for some reason during the period of academic probation, the period of suspension shall not be included in the period of academic probation.
Article 8 When a disciplinary punishment is imposed for a second violation of disciplines within the disciplinary period, the remaining time for the previous punishment and the period of the second punishment may be excuted together. The specific period of time for execution shall be determined at discretion when a disciplinary decision is made.If, during the period of academic probation, another violation of disciplines is serious enough for a demerit or heavier one, the student shall be expelled.A student who repeatedly violates disciplines and refuses to correct after criticism education may be expelled from school.
Article 9 If there is no new violation of disciplines by the students subject to a disciplinary punishment, the punishment may be terminated as scheduled. If there is outstanding performance, the punishment may be lifted in advance.
Article 10 Whoever instigates, coerces, cheats or induces others to violate disciplines shall be dealt with in accordance with the acts of indoctrination, coercion, deception and inducement; if one is abetted or induced to violate disciplines, he or she shall be punished according to the joint violation of disciplines.If two or more persons jointly violate disciplines, they shall be separately punished in accordance with the role they played in the violation of disciplines.
Article 11 If a student commits two or more violations of disciplines that require punishment before a disciplinary decision is made, the corresponding punishment shall be determined separately. If the punishment types determined separately are the same, the combined punishment shall be the punishment; If the types of punishments are different, the combined punishment shall be the severer one.If the circumstance is especially serious, the punishment to be imposed shall be one level heavier than the punishment prescribed in the preceding paragraph, until the expulsion is executed.
Article 12 The arising of any of the following situations may result in a lighter or mitigated punishment:
(1) That the violation of discipline is first and not particularly serious;
(2) Voluntarily admitting mistakes and showing repentance and actively eliminating or mitigating the consequences of the violation of disciplines;
(3) Having evidence to prove that it is the coercion or deception of others, actively cooperating with the investigation and providing clues, and having a good attitude in admitting mistakes;
(4) Voluntarily exposing other people's illegal and disciplinary acts or having other meritorious deeds;
(5) Where the violation of disciplines is unintentional or the victim is clearly at fault;
(6) Other circumstances that may be given a lighter punishment.
Article 13 The arising of any of the following circumstances shall be given a heavier punishment:
(1) Where there is sufficient evidence to show the violation of disciplines but one refuses to admit mistakes, or intentionally destroys evidence or provides false evidence which hinders the investigation and handling;
(2) The one who insults, falsely accuses, threatens, intimidates, or tempts, or offers bribes to critics, investigators, prosecutors, witnesses and other relevant personnel;
(3) The one who violates the laws, regulations and rules of the university by joining with persons outside the school;
(4) The one who violates disciplines in activities involving foreign affairs, off-campus activities and major activities held by the school;
(5) The one who incites, organizes, plans or is a principal enforcer of joint or group violation of disciplines;
(6) The one who refuses to bear civil liability that should be borne according to law;
(7) Other circumstances under which a heavier punishment shall be imposed.
Article 14 Anyone who is disciplined, from the date of the disciplinary decision taking effect until the disciplinary termination, shall be ineligible for all kinds of scholarships, student subsidies or honorary titles.To one who is disciplined, his or her academic degree award shall be handled in accordance with the relevant regulations of USC on conferring academic degrees to international students.
Article 15 If a violation of disciplines causes damages to the State, the school or others, the student responsible shall bear civil liability in accordance with the relevant provisions of the Civil Law of the People’s Republic of China.
Chapter III Violations of Disciplines and Punishments
Article 16 An international student suspected of violating laws and regulations shall be dealt with by the relevant state organs in accordance with law. After the relevant state organ has made a punishment or handling decision, the school may, depending on the circumstance, give the following punishments respectively:
(1) If one intentionally violates the law and constitutes a crime, he or she shall be given a punishment of expulsion from school. If the circumstance of a negligent crime is slight and the consequences of the damages are actively mitigated or compensated for, he or she shall be given a punishment of academic probation. If the circumstance is serious enough, he or she shall be given a punishment of expulsion from school.
(2) If a person is subjected to administrative detention or above, he or she shall be given a punishment of expulsion from school.
(3) If a person receives a warning or a fine or other public security administrative punishment, he or she shall be given a demerit punishment; if the circumstance is serious enough, he or she shall be given a punishment of academic probation.
(4) The one who, in violation of laws and regulations, is sentenced to leave the country, repatriated or deported within the time limit, shall be given a punishment of expulsion from school.
Article 17 Whoever commits an illegal act involving drugs shall be given a punishment of expulsion from school.
Article 18 Whoever is in violation of the explosive, toxic, radioactive and corrosive substances or pathogens of infectious diseases and other dangerous substances regulations, depending on the circumstances, shall be given a punishment ranging from demerit, academic probation, to expulsion from school.
Article 19 Whoever illegally holds or delivers any of the controlled instruments prescribed by the State shall be given a demerit or heavier punishment.
Article 20 Whoever produces, duplicates or disseminates harmful information that endangers China's national security or hinders public security shall be given a demerit or heavier punishment. If the circumstance is serious enough, a punishment of expulsion from school shall be given.
Article 21 Whoever organizes or participates in illegal demonstrations, assemblies, or protest, incites a strike or strikes to disrupt schools or public order, shall be given a punishment of academic probation. The main organizers and participants shall be expelled from school.
Article 22 Whoever, in violation of laws and regulations, conducts religious activities such as missionary work or religious gathering on or outside campus shall be given a punishment of academic probation or heavier one.
Article 23 Whoever, in violation of the provisions of the State and school network management, disturbs the order of network management and damages the legitimate rights and interests of others, shall be given a punishment ranging from severe warning to compulsion from school.
Article 24 Whoever drinks too much alcohol shall be given a punishment of severe warning. The one who drinks too much alcohol and make troubles, according to the seriousness of the case, shall be given a punishment ranging from demerit to compulsion.
Article 25 Whoever commits affray, causes troubles or fights shall be given a punishment ranging from severe warning to compulsion:
(1) Who deliberately causes an incident leading to a fight or beats persons at will;
(2) Who pursues, intercepts, insults or intimidates others;
(3) Who gathers persons to fight or gets together a crowd to fight;
(4) Who stirs up disturbances and causes disorder in public places;
(5) Who forcefully seizes or arbitrarily damages or occupies public or private property;
(6) Who plots or provides weapons for other people to fight.
Whoever causes serious consequences by picking quarrels and provoking troubles or fighting affray shall be given a punishmen of expulsion from school.
Article 26 Whoever visits prostitutes, engages in prostitution, introduces prostitutes to others, or accommodates persons involved in prostitution shall be given punishments ranging from demerit to expulsion.
Article 27 Whoever participates in illegal pyramid selling shall be given a warning punishment. Whoever organizes or induces others to participate in pyramid selling activities shall be given a punishment ranging from demerit to expulsion.
Article 28 Whoever participates in gambling shall be given a warning punishment. The one who organizes gambling, gathers people to gamble, repeatedly gambles, or provides conditions for gambling shall be given a punishment of academic probation or heavier one.
Article 29 The one who knows that he or she is suffering from an infectious disease or carries the pathogen of a malignant infectious disease, conceals the disease and still contacts with others causing the danger of the spread of the disease, shall be given a punishment of demerit or heavier one. When a disciplinary punishment is given by the school, the student is required to receive treatment. If a suspension of study for treatment is necessary, the relevant procedures shall be gone through; if one meets requirements for withdrawal of school, he or she shall be dismissed. If a case, according to law, shall be handled by the relevant state authorities, it shall be reported to the relevant authorities immediately.
Article 30 Whoever insults, slanders or fabricates false charges about others shall be given a warning or heavier punishment.
Article 31 Whoever peeps, photographs, eavesdrops, or spreads the privacy of others shall be given a severe warning or heavier punishment.
Article 32 Whoever sexually harasses other persons by means of language, writing, pictures or conducts, or deliberately exposes his or her private parts in public places, he or she shall be given a severe warning or heavier punishment.
Article 33 Whoever gives false evidence in the course of investigation of a case by a state organ or a relevant department of the school shall be given a severe warning or heavier punishment.
Article 34 Whoever intentionally damages public or private properties, in addition to compensating for economic losses, shall be given a punishment depending on the circumstances:
(1) The one who intentionally damages public or private properties worth less than 100 yuan (including 100 yuan) shall be given a warning punishment.
(2) The one who intentionally damages public or private properties worth more than 100 yuan but less than 500 yuan (including 500 yuan) shall be given a severe warning punishment.
(3) The one who intentionally damages public or private properties worth more than 500 yuan but less than 1,000 yuan (including 1,000 yuan) shall be given a demerit punishment.
(4) The one who intentionally damages public or private properties worth more than 1,000 yuan but less than 5,000 yuan (including 5,000 yuan) shall be given a punishment of academic probation.
Article 35 Whoever drives a vehicle prohibited by the school on campus shall be given a warning or heavier punishment.
Article 36 Whoever, in violation of the relevant regulations on the management of dormitory, disturbs the management and life order of dormitory shall be punished according to the following circumstances.
(1) If one has replaced the room lock without permission or lent the key to the room to non-dormitory personnel for use, causing property damages or losses, he or she shall be given a warning or heavier punishment;
(2) If one disturbs the management order of the dormitory and affects other people's study and life and after criticism education he or she refuses to correct it, he or she shall be given a warning or heavier punishment;
(3) If one, without perimission, arbitrarily adjusts, occupies, swindles or rents student bedrooms or beds, he or she shall be given a warning or heavier punishment; The one who causes adverse consequences shall be given a demerit or heavier punishment depending on the circumstances;
(4) The one who rents a house and lives in it without permission shall be given a demerit or heavier punishment. The one who violates the rules shall bear the adverse consequences caused by renting;
(5) The one who puts up others for the night or breaks into other student dormitories without permission or violates the visiting system, shall be given a punishment of demerit or academic probation.
(6) The one who returns late or stays out all night without good reasons and refuses to make corrections after criticism education shall be given a demerit or heavier punishment depending on the seriousness of the case; and
(7) The one who violates the regulations on dormitory management of USC shall be given a warning or heavier punishment, depending on the seriousness of the case.
Article 37 The one who, without approval, plays high-power audio, beats percussion instruments, makes loud noises on campus, or affects others’ study and life, or in a campus building, scribbles, posts, or affects campus environment, shall be given a severe warning or heavier punishment.
Article 38 Whoever sets naked fires on campus without permission shall be given a warning punishment. In case of unauthorized access to public electricity supply, a severe warning or heavier punishment shall be given and the electricity fee shall be paid. Whoever uses unapproved electric appliances shall be given a demerit punishment; in case of fire alarm or fire, the student shall, in addition to paying compensation for the loss, be subject to punishments ranging for academic probation to expulsion depending on the extent of the damages.
Article 39 Whoever, without approval, organizes student organizations, such as a township association or associations, shall be given a severe warning or heavier punishment.
Article 40 The one who engages in illegal employment, trade or other business activities shall be given a punishment from severe warning to expulsion as a degree student, while as a non-degree student, the punishment will be from demerit recording to expulsion.
Article 41 Whoever violates the discipline of study or assessment shall be given the following punishments:
(1) If the cumulative absenteeism in one semester reaches the fixed amount, the following punishments shall be given respectively:
①. The one who has been absent from school for 20 to 29 class hours, shall be given a warning punishment;
②. The one who has been absent from school for 30 to 39 class hours, shall be given a severe warning punishment;
③. The one who has been absent from school for 40 to 49 class hours, shall be given a punishment of demerit;
④. The one who has been absent from school for 50 to 59 class hours, shall be given a punishment of academic probation;
⑤. The one who has been absent from school for 60 class hours, shall be given a punishment of expulsion. (Late arrival and early leave for 3 times shall be deemed as 1 class hour absence; if one is absent from school without permission, the total amount of absenteeism will be counted as 8 class hours per day. If he/she fails to return upon the expiration of leave, the time of absence shall be counted from the date when the time limit is due.
(2) The one who violates class disciplines and interferes with teachers' normal teaching shall be given a severe warning or demerit punishment.
(3) The one who has left school or left their internship or practice positions for more than 2 weeks without permission shall be expelled from school.
(4) The one who has violated the assessment disciplines shall be punished in accordance with the measures for the punishment of regulatory violations in assessment of USC.
(5) The one who has plagiarized, falsified or had other academic misconducts in science research or dissertation shall be given a punishment of academic probation or heavier one, depending on the circumstances.
Article 42 The one who impedes teachers and administrative personnel from performing their duties according to law shall be punished according to the following circumstances:
(1) The one who resists or refuses to accept the performance of their duties by teachers or administrative personnel, or who has flagrantly insulting words or deeds, shall be given a punishment of severe warning or demerit according to the circumstance.
(2) The one who beats a teacher or staff member, shall be given a punishment of academic probation or expulsion depending on the circumstance.
Article 43 The one whose act infringes the rights and interests or reputation of the school shall, according to the seriousness of the case, be given a warning or heavier punishment.
Article 44 The one who has violated other regulations of the school or disturbed the order of the campus, shall be given a corresponding punishment according to the seriousness of the case and in accordance with the relevant provisions of laws and regulations and rules and provisions of the school.
Chapter IV Administrative Power and Procedures
Article 45 When a student's violation of disciplines has occurred, the international college shall, together with relevant colleges, the department of student affairs and other relevant functional departments, immediately investigate the violation of disciplines. If the violation of disciplines is serious and may cause adverse social impact, the international college or the college or department that first learns about the violation of disciplines shall immediately report it to the leaders of the school in charge.After the conclusion of the investigation, the international college shall gather the investigation materials and make disposal suggestions.
Article 46 The power and procedure for making decisions on punishment:
(1) If a student who violates disciplines and shall be given a warning, severe warning or demerit punishment, the conference of the international college is entitled by the University to make a decision and it shall be reported to the school leader in charge for approval.
(2) If a student shall be given a punishment of academic probation or heavier one, the international college, together with the college educating the student, shall put forward a written disposal suggestion and submit it to the department of student affairs for review and to the school leader in charge for approval. At the meeting of school council or the meeting specifically authorized by the principal, the suggestion will be studied and decided.
(3) When a disciplinary punishment involves two or more students from different institutes, a joint meeting of relevant institutes shall be called by the department of student affairs to put foreward a disposal suggestion. Then it will be processed respectively according to paragraph (1) and paragraph (2) of this Article.The punishment decision shall be issued uniformly by the school.
Article 47 Prior to issuing a decision, the international college shall inform the student in a written form of the facts, reasons and basis of a punishment, inform his or her the right to a statement and defense, and hear the student’s or his or her agent's statement and defense. After the school has made the decision on the punishment, it shall issue a written decision on the punishment and deliver it to the international student himself or herself for signature. The one who refuses to sign for receipt may be served by a lien. The one who has left school shall be served by post. If one is difficult to contact, the notice may be served by notice, which shall be published on the website of the University of South China or other news media for a period of 5 days. Upon the expiration of the notice, the notice shall be deemed to have been served.
Article 48 Before the disciplinary punishment of expulsion against a violator is executed, its legality shall be examined and reviewed. The decision on expulsion of international students shall be reported to the education administration department of Hunan Province for the record in accordance with the prescribed procedure. If the visa or residence permit for international students subject to a disciplinary punishment shall be changed, annulled or cancelled according to law, the international college shall report the matter to the public security organ for handling.
Article 49 An international student who has been expelled from school shall go through the leave formalities within one week from the date of the decision taking effect. The one who does not leave within the time limit shall be handled by the international school assisted by the security department and the department of student affairs according to law. When a public security organ is required to intervene, the security department and the international college shall aid the public security department.
Article 50 If the school has other provisions on the powers and procedures to punish a student for violating study disciplines, assessment disciplines, academic disciplines and other disciplines, such other provisions shall prevail.
Article 51 A decision on punishment shall come into force on the date of its being made. If an international student has any objection to the decision on a disciplinary punishment, he or she may submit a written appeal to the school student appeal and handling committee within 10 days from the date of receiving the written decision on the disciplinary punishment. A disciplinary decision written by the school shall inform the student the time and manner of filing a complaint.An international student complaint shall be handled in accordance with Measures for Handling the Complaints of Students of USC. .
Article 52 Powers and procedures for the termination of a punishment:
(1) A warning, severe warning and demerit shall be automatically lifted upon the expiration of the punishment;
(2) The one who has been given a punishment of academic probation, upon the expiration of the punishment, shall submit a written application. The international college along with the college educating the student, shall verify the performance of student during the period of academic probation, the class committee, the class teacher, and the office of international student affairs shall write their opinions and the international college shall review the application. After the application has been approved by the school head in charge, the corresponding decision shall be made and posted by the school.
Article 53 After the school has made the decision on a punishment or termination, the international college shall promptly file the materials related to the punishment or the termination in the archives of the college and the files of the student concerned.
Article 54 The term“above” as mentioned in these measures shall include this specific term or the punishment in this category.
Article 55 The department of student affairs and the international college shall be responsible for the interpretation of these measures.
Article 56 These measures shall be implemented from the date of promulgation.