Student Discipline Appeal Regulations

(After deliberation and approval at the principal’s office meeting (joint meeting of the Party and Government) on November 1, 2005, the school’s official letter was issued on November 8, 2005 [2005] Announced on the 70th.)

Chapter 1 General Provisions

Article 1 is to standardize the student grievance system on campus and ensure that the school’s handling of students is legitimate, the basis is clear, and the results are appropriate. For the legitimate rights and interests of students, these implementation rules are formulated in accordance with the "Fudan University Student Complaint Handling Regulations (Trial)".

Article 2 The "appellant" as stipulated in these implementation rules refers to the person who files an appeal application in accordance with the provisions of Article 3 of the "Fudan University Student Complaint Handling Regulations (Trial)".

"Respondent" refers to the "department that makes a decision to handle the complainant" as stipulated in Article 14, Paragraph 1 of the "Fudan University Student Complaint Handling Regulations (Trial)"

Chapter 2 Organizations for Handling Complaints

Article 3 The list of standing members of the Grievance Handling Committee shall be reported to the Secretary of the Grievance Handling Committee by the Student Affairs Department, Graduate Affairs Department, School Youth League Committee, Graduate Student Union, Student Union and other departments. Filing Office.

Article 4: The temporary members of the Appeals Handling Committee shall be composed of two teacher representatives and three student representatives.

The school union, student union and graduate student union shall draw up a list of teacher representative candidates or student representative candidates in accordance with these rules and submit them to the Secretariat of the Grievance Handling Committee for registration and filing. There are tentatively 20 candidates for the teacher representatives of the school union, 30 candidates for the student representatives of the student union, and 30 candidates for the student representatives of the graduate student union.

Article 5 Teacher Representative Candidates and Student Representative Candidates can be applied individually by the school’s in-service teachers and students, or they can be recommended by various departments, and the school trade union, student union and graduate student union shall apply in accordance with Article 1 of these rules. Items (4), (5) and (6) of Article 8 shall be reviewed.

The school union, student union and graduate student union can formulate specific methods for selecting representative candidates.

Article 6 The term of teacher representative candidates and student representative candidates is one year and may be re-elected. The maximum term of office shall not exceed 4 terms.

When the teacher representative candidate or student representative candidate changes, the school union, student union and graduate student union should notify the new teacher representative candidate or student representative candidate within three working days after making the decision to change. The Secretariat registers changes.

Article 7: On the second working day after the Secretariat of the Appeal Handling Committee makes the decision to accept the student’s appeal, it will notify the school union, student union or graduate student union to elect a temporary member from the teacher representative candidates or student representative candidates. , the school trade union, student union or graduate student union should submit the list of temporary members to the secretariat for review within two working days after receiving the notice, and notify the temporary members themselves at the same time.

If upon review by the Secretariat, it is found that a temporary member falls under the circumstances specified in Article 8 of these Rules, he or she shall be re-elected by the original nominating body.

Article 8 The following people are not allowed to serve as temporary members:

(1) Teachers and students of the department where the complainant is located;

(2) The respondent Staff;

(3) Other persons who have an interest in the complainant;

(4) Staff of the school trade union, student union, and graduate student union;

(5) Persons who have been subject to criminal penalties, administrative sanctions or school disciplinary sanctions;

(6) Other personnel who are not suitable to serve as temporary members.

Chapter 3 Acceptance of Complaints

Article 9 "Fudan University Student Complaint Handling Regulations (Trial)" Article 10 Item 1 "Disciplinary Punishment Decisions on Students" "Refers to the disciplinary sanctions stipulated in Article 4 of the "Regulations on Disciplinary Violations of Fudan University Students (Trial)", namely warning, serious warning, demerit recording, probation, and expulsion from school.

Article 10 If a student files a complaint, he or she shall submit a written application and a copy of the decision to the Secretariat of the Appeals Handling Committee within five working days from the date of receipt of the decision. If the appeal cannot be filed within the appeal period due to force majeure, the complainant shall explain the situation to the Secretariat of the Appeals Handling Committee within three working days after the force majeure disappears, and the Secretariat will decide whether the appeal can be extended.

Article 11 The Secretariat of the Complaint Handling Committee will review the complaint materials within three working days from the date of receiving the complainant’s written application. The Secretariat will accept the complaint, supplement the materials, and reject the complaint based on the specific circumstances. The decision on acceptance shall be sent to the complainant. The review period is included in the appeal processing period.

If the Secretariat makes a decision to supplement or correct the materials, the complainant must make supplements and corrections within three working days. The period of supplementation and correction will not be counted in the period of handling the appeal.

If the Secretariat makes a decision not to accept the application, the appeal handling process will be terminated.

Article 12 During the appeal handling period, the execution of the original handling decision will not be suspended.

Chapter 4 Procedure for Reconsideration of Appeals

Article 13 If a written review is used for reconsideration, the secretariat will inquire the relevant parties and carry out necessary verification work.

Article 14 If a review meeting is used for review, the review meeting shall be held in public, and the secretariat shall announce the time, location and participants of the review meeting three working days in advance.

Article 15 The following review meetings shall not be held in public:

(1) involving state secrets or school secrets;

(2) involving the individual complainant or other people’s personal privacy;

(3) Laws and regulations provide otherwise.

Article 16 If it is decided to convene a reconsideration meeting, the Secretariat shall deliver a copy of the respondent’s written reply to the complainant three working days in advance and inform the time and place of the reconsideration meeting. Send a copy of the appeal application and the respondent's written reply to the members of the appeal handling committee, the school's Legal Affairs Office and the department where the complainant is located, and inform the time and place of the review meeting.

Article 17 The reconsideration meeting shall be presided over by the Secretary-General of the Appeals Handling Committee. If the Secretary-General is unable to attend the meeting for some reason, a staff member of the Secretariat shall be entrusted to act as the moderator. The Secretariat shall appoint another staff member to serve as record-keeper.

Article 18 The host announces the start of the review meeting and confirms whether the review applicant or agent, the representative of the respondent and other persons are present at the meeting. A review meeting can only be held when more than two-thirds of the committee members are present. If the number of members present at the meeting does not reach two-thirds of the total number of members, the moderator shall announce the postponement of the meeting.

The host announced the list of members of the Complaint Handling Committee, legal workers appointed by the school’s Legal Affairs Office, representatives of the department where the complainant resides, and record-keepers. Inform the complainant of the right to request recusal, make statements, present evidence, and express opinions on evidence and facts, and ask the complainant whether he has requested recusal from the members of the Complaint Handling Committee.

Article 19 If a member of the Complaints Handling Committee has any of the following circumstances, the complainant may request that he or she recuses himself: (1) He has participated in making the decision being complained against;

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(2) Interested in the outcome of the reconsideration decision;

(3) Other circumstances that should be avoided.

If an application for recusal is made under circumstances that do not fall within the requirements of these rules, the host shall reject it on the spot.

The complainant should submit an application for recusal at the beginning of the reconsideration meeting. If he is informed of the above situation after the meeting begins, he should apply before the appeals handling committee conducts collegial discussions.

Article 20 If the complainant applies for recusal, the chairperson shall adjourn the meeting and the members of the appeals handling committee will conduct deliberation. The member against whom the recusal application was filed shall not participate in the review. The results of the deliberation will be announced on the spot by the moderator.

If the appeal handling committee decides to withdraw a standing member, the member shall not participate in the reconsideration meeting. If the number of committee members participating in the review meeting still complies with the provisions of Article 17 of the "Fudan University Student Complaint Handling Regulations (Trial)", the review meeting will continue. If this requirement is not met, the moderator shall announce the postponement of the meeting.

If the appeals handling committee decides to withdraw a temporary member, the moderator shall announce the postponement of the meeting, and the original recommendation body of the member shall re-elect the member.

Article 21 After the review meeting minutes are confirmed to be correct by the complainant, they shall be signed by the complainant, the representative of the respondent, members of the appeal handling committee, the moderator and the recorder, and submitted to the appeal handling committee for discussion.

Article 22 The host is responsible for maintaining order at the venue, warning those who violate the order, and may order them to leave if the circumstances are serious.

Article 23 The agent specified in Article 20, Paragraph 4 of the "Fudan University Student Complaint Regulations (Trial)" must be an in-service teacher or current student of the school.

Chapter 5 Appeal Reconsideration Decision

Article 24 The Appeal Handling Committee shall submit written opinions based on the reexamination situation and submit them in accordance with Section 2 of the "Fudan University Student Complaint Regulations (Trial)" Make a review decision in accordance with the provisions of Article 13. The dissenting opinions of the minority members shall be recorded in written opinions. The reconsideration decision letter shall be stamped with the official seal of the Appeals Handling Committee.

Article 25 The reconsideration decision will take effect after being stamped by the appeals handling committee. The reconsideration decision on the sanction made at the principal’s office meeting must be approved by the principal’s office meeting and then take effect.

For reconsideration decisions that require approval by the principal’s office meeting, the secretariat shall submit the reconsideration decision letter to the principal’s office meeting for approval on the second working day after the decision is made. The approval period will not be included in the appeal processing period.

Article 26 The appeal handling committee shall handle the appeal within fifteen working days, starting from the date of receipt of the appeal application to the date of delivery of the reconsideration decision to the complainant and the respondent.

Article 27 Within three working days after the reconsideration decision takes effect, the Secretariat of the Appeal Handling Committee will send a copy of the reconsideration decision to the complainant, the respondent, the department and school where the complainant works. Office of Legal Affairs.

Article 28 The reconsideration decision letter should be delivered directly to the complainant himself; if it cannot be delivered directly, the department where the complainant belongs will sign for it on his behalf, and it will be deemed to have been delivered three days after signing.

Article 29 If the complainant requests to withdraw the appeal before the reconsideration decision is made, the appeal handling committee will decide whether to grant the request. If the appeal is allowed to be withdrawn, the complainant shall not file another appeal on the same matter unless there are new facts and reasons.

Article 30 If the complainant has objections to the review decision, he may submit a written appeal to the Shanghai Municipal Education Administration Department within fifteen working days from the date of receipt of the school’s review decision.

Students can also seek other relief channels in accordance with laws and regulations.

Chapter 6 Supplementary Provisions

Article 31 "Fudan University Student Complaint Regulations (Trial)" and these rules shall be jointly interpreted by the Student Affairs Department and the Graduate Affairs Department***.

Article 32 These rules shall come into effect on the date of promulgation.