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Provisional Disciplinary Regulations for International Students of Zhejiang Gongshang University

Chapter 1  General Provisions

Article 1For the objectives of reinforcing the educational, teaching and living order, promoting  the morality, intellect, fitness and virtue of international students, and safeguarding a good environment for their study and living, Provisional Disciplinary Regulations for International Students of Zhejiang Gongshang University (hereinafter refer to as these Regulations) are formulated according to the Provisions on the Administration of Students in Regular Institutions of Higher Education, Regulations on Enrollment of International Students by Chinas Institutes of Higher Learning, other relevant laws and administrative regulations, and in the light of the actual circumstances of Zhejiang Gongshang University (hereinafter refer to as ZJSU).

Article 2These Regulations are applicable to all international students of formal registrations at the ZJSU.

Article 3ZJSU shall govern these Regulations pursuant to due process, clear substratum, accurate evaluation, valid sufficient evidence and punishment of appropriate proportionality.   

Article 44.1 Where ZJSU takes disciplinary action under these Regulations to deal with alleged misconduct or offenses that are subsequently found to have occurred, the degree of disciplinary action shall be commensurate with the facts, nature, gravity of the circumstances, seriousness of consequence and the adverse effect of culpability.

4.2 Types of disciplinary action include warning, serious warning, record of demerit, conduct probation and expulsion from ZJSU.

4.3 Where ZJSU takes disciplinary action under these Regulations to deal with alleged misconduct or offenses that are subsequently found to have occurred but the circumstances are obviously minor and the harm done is not serious, the case can be transferred to College of International Education or a students faculty for correctional service in the form of counseling or reprimand.  

Chapter 2  Specific Provisions

Article 5In the case of any one of the following deviant behaviors listed in this following sub-articles that endangers the security of the Peoples Republic of China, undermines public and economic order, the severity of disciplinary action should commensurate with the seriousness of case nature but record of demerit or a heavier disciplinary action shall apply.

5.1 Whoever organizing, plotting or instigating to endanger the security of the People's Republic of China, undermining social and economic order or disrupting public order in the campus of ZJSU.

5.2 Whoever infringing against Law of the Peoples Republic of China on Assemblies, Processions and Demonstrations or other relevant laws, organizing or participating in unapproved assembly, processions or demonstration.

5.3 Whoever causing chaos by disseminating or spreading information that infringing against law of the State or administrative regulation of ZJSU.

5.4 Whoever organizing, establishing or joining illegal group or institution, publishing or disseminating illegal publications or promotional items.

5.5 Whoever organizing or developing unapproved sociopolitical activities, academic activities or affiliating with unapproved salon, club or activities of similar nature. 

5.6 Whoever organizing or establishing unapproved student society, commencing  activities and printing publications thereafter, or engaging in illegal activities under the cover of legitimate student society, or having any other deviant behavior in breach of administrative regulation for association and causing serious damaging consequence.   

5.7 Whoever organizing or participating in religious activities in the campus of ZJSU.

Article 6ZJSU may take the disciplinary actions listed in this article against an international student who is liable to be punished by a law enforcing agent for infringement against law, regulations or administrative rules of the State, or to be pursued criminal liabilities by judicial authorities.   

6.1 Any student who is warned, fined or confiscated illegal gains, serious warning or record of demerit shall apply.

6.2 Any student who is detained administratively by the state organ, academic probation or a heavier disciplinary action shall apply.

6.3 Any student who is found guilty of a criminal offense, expulsion from ZJSU shall apply.

Article 7The disciplinary actions listed in this article are applicable to a students deviant behavior of theft or deception of public or private property.

7.1 In the case of the value involved is below the monetary amount of 600 yuan, serious warning or a lighter disciplinary action shall apply.

7.2 In the case of the value involved is above the monetary amount of 600 yuan, record of demerit or a heavier disciplinary action shall apply.

7.3 In the case of conspiracy to commit property offense listed in this article, the calculation of amount for each conspirator is the total amount involved divided by the number of conspirators. The amount for the ringleader is fixed at the total amount involved as an aggravating factor.  

7.4 In the case of degrading modus operandi or habitual offender,expulsion from ZJSU shall apply. In the case of participating in handling or the disposal of pilferage, the culpability for the disciplinary action of ZJSU is commensurated with that listed at articles 7.1, 7.2 and 7.3. 

Article 8The principal offender who masterminds or plots an inchoate offense of assault occasioning actual bodily harm, battery or provocation shall not only be liable for paying criminal damage but also the disciplinary actions listed hereunder in this article. 

8.1 Whoever provokes or plots battery and/or physical assault shall be punished by academic probation. If the circumstances are serious, expulsion from ZJSU shall apply.  

8.2 Whoever participates in battery, assault occasioning actual bodily harm or actsa precipitator for aiding and abetting such deviant behaviors by providing instrument shall be warned seriously or be taken heavier disciplinary action according the seriousness of case nature.

Article 9Whoever uses mahjong, poker, internet for gambling or activities of similar nature shall be punished by confiscation of gambling paraphernalia and betting money. Record of demerit or heavier disciplinary action shall also be taken according to the circumstances. In the case of habitual gambler or ringleader as an aggravating factor, heavier disciplinary action shall apply.

Article 10The disciplinary actions in this article shall be taken against those who use computer, mobile terminal, internet or publications for illegal activities.

10.1 Whoever spreads anti-Peoples Republic of China rumors and provides information illegally to organization outside the territories shall be expelled from ZJSU.

10.2 Whoever disseminates pornographic or degrading materials including books, periodicals, movies, video-audio tapes and pictures, if the circumstances are serious, shall be warned seriously or be liable to heavier disciplinary action under these Regulations according to the circumstances.

10.3 Whoever gathers at computer room or other public area for shows of pornographic or degrading audio-video products including movies and video-tapes shall be punished by record of demerit or heavier disciplinary action.   

10.4 Whoever disseminates illegal books, magazines, periodicals, audio-visual products or electronic publications shall be liable to disciplinary action of academic probation or heavier disciplinary action.

10.5 Whoever has the deviant behavior of internet bullying, uploads and disseminates pornographic articles, photos or untrue information on internet shall be liable to  serious warning or heavier disciplinary action.  

10.6 Whoever uses telecommunication or internet to spread rumors or information disrupting public order shall be liable to academic probation or heavier disciplinary action.

10.7 Whoever steals Internet Protocol Address, user account and threatens internet security shall be liable to serious warning or heavier disciplinary action.

Article 11Whoever infringes the Exit-Entry Administration Law of the People's Republic of China shall be liable to record of demerit or heavier disciplinary action according to the circumstances.  

Article 12 Whoever engages in business activities or takes up unapproved unemployment shall be liable to record of demerit or heavier disciplinary action.

Article 13 Whoever molests, harasses or insults another person shall be liable to record of demerit or heavier disciplinary action according to the circumstances.

Article 14 Whoever sells, carries, takes dangerous drugs or provides accommodation to another person for taking dangerous drugs shall be expelled from ZJSU.

Article 15 Whoever gathers with other peoples for licentious indecent activities shall be liable to serious warning or heavier disciplinary action. Whoever arranges gathering for licentious indecent activities shall be expelled from ZJSU.

Article 16 Whoever falls under any of the following categories in this article shall be expelled from ZJSU:

( a ) going whoring or engaging in prostitution;

( b ) procuring other persons to engage in prostitution;

( c ) luring other persons into or shelters prostitution;

( d ) arranging for or forces another person to engage in prostitution;

( e ) recruiting or transporting persons for an organizer of prostitution or otherwise assisting in organizing prostitution; or

( f ) any behavior which brings ZJSU into disrepute.

Article 17Students are responsible for abiding by the On Campus International Student Dormitory Regulations as well as these Regulations. Whoever infringes On-Campus International Student Dormitory Regulations shall be taken disciplinary action according to the following circumstances: 

17.1 ( a ) Whoever has unapproved sleepover shall be warned or be taken heavier disciplinary action according to circumstances.

17.1 ( b ) Whoever has off-campus housing arrangement without prior approval of ZJSU shall be warned seriously or be taken heavier disciplinary action according to the circumstances.

17.1 ( c ) Whoever accommodates overnight guest in on-campus international student dormitory shall be warned seriously or be taken heavier disciplinary action according to the circumstances.

17.1 ( d ) In the case of accommodating an overnight guest of opposite sex, academic probation or heavier disciplinary action shall apply.

17.2 Unauthorized fire, chemicals, explosives, or highly combustible materials that are potentially dangerous or damaging to the buildings of ZJSU are strictly prohibited in and around the on campus dormitory facilities. Whoever has such deviant behavior shall be warned seriously or be taken heavier disciplinary action according to the circumstances. In the case of fire disaster caused by deviant behavior falling under anyone of the preceding categories mentioned in this article 17 ( 2 ) or any misbehavior impair safety on University premises, record of demerit or heavier disciplinary action shall apply.

17.3 Whoever infringes any provision of On-Campus International Student Dormitory Regulations shall be warned seriously or be taken heavier disciplinary action according to the circumstances.

Article 18Except where otherwise indicated in students course materials or absence with good cause and approval, all students are expected to attend all elements of study program, such as lectures, seminars, practicals, laboratory work, language classes, performances, fieldwork, tests and examinations. Absence without good course and approval for a total of ten sessions in terms of actual contact hours will be reprimanded. The disciplinary action for whoever falls under any of the categories mentioned in the following sub-articles shall commensurate with the total number of absent sessions.

18.1 In the case of absence of a total number of 10 to 29 sessions or continuous absence of less than one week , warning or serious warning shall apply.

18.2 In the case of absence of a total number of 30 to 49 sessions or continuous absence of 1 to 2 weeks, record of demerit or academic probation shall apply.

18.3In the case of absence of more than 50 sessions or continuous absence of longer than 2 weeks, expulsion from ZJSU shall apply.  

Article 19Whoever infringes any regulation stipulated in Zhejiang Gongshang Univeristy Laboratory Biosafety Manual shall be warned seriously or be taken heavier disciplinary action.

19.1 Whoever is disobedient to the order of ZJSU, teaching staffs or laboratory staffs shall be warned or be taken heavier disciplinary action.

Article 20A student who violates any rule of Zhejiang Gongshang University Test Security in a test, an examination or supplementary examination shall be warned seriously or be taken heavier disciplinary action. If a student is found to have cheated in an examination or supplementary examination, as stipulated in ZJSU Examination Rules, academic probation or expulsion from ZJSU shall apply.

Article 21In the case of plagiarism, plagiarizing others' research results or any other misbehavior violating academic integrity, record of demerit or heavier disciplinary action shall apply.  

Article 22Whoever damages public property maliciously shall be required to pay damage and taken appropriate disciplinary action according to the circumstances.

22.1 Whoever scribbles on walls, furniture or any other public property of ZJSU, or posting bills without prior approval shall be warned or be taken heavier disciplinary action.

22.2 Whoever maliciously damages public property or plants in the campus of ZJSU shall be warned seriously or be expelled from ZJSU if the circumstances are especially flagrant.

22.3 Under these Regulations, the imposition of a disciplinary penalty shall not prevent ZJSU from seeking to recover compensation from the international student or international students for the costs of any repairs to University property.

Article 23Whoever insults, libels, falsely accuses, invents stories to implicate another person with the intention of having him investigated for culpability, intimidates, assaults occasioning actual bodily harm, or damages other persons property shall be warned or be taken heavier disciplinary action according to the circumstances.

Article 24In the case of damaging, opening or illegitimate possession of another persons postal letter, record of demerit or heavier disciplinary action shall apply.

Article 25Whoever forges, alters, impersonates, steals, transfers official document, certificate or seal shall be taken disciplinary actions under the following categories.

25.1 In the case of counterfeiting International Student Identity Card, library card, document of identity, official documents, or falsification of records or any other data held in hard copy, soft copy or any format, record of demerit or heavier disciplinary action shall apply. In the case of counterfeit negotiable securities, academic probation or heavier disciplinary action shall apply.  

25.2 In the case of unauthorized alteration, impersonation, usurping the documents listed at Article 25.1 leading to execrable consequence, warning or heavier disciplinary action shall apply.

25.3 In the case of unauthorized transfer of the documents listed at Article 25.1 leading to adverse consequences, serious warning or heavier disciplinary action shall be administered according to the circumstances.

25.4 Whoever steals, carves or makes endorsement of an official seal without authorization, embezzles, counterfeits, or alters official documents or record file shall be punished by academic probation or heavier disciplinary action.

Article 26Whoever violates any provision of the Road Traffic Safety Law of the People's Republic of China, Regulation on the Implementation of the Road Traffic Safety Law of the People's Republic of China, Local Traffic Safety Regulation or the ZJSU Regulation Governing the Campus Traffic Safety Management shall be punished as follows:

26.1 Whoever violates and refuses to abide by the law and regulations listed at Article 26, disregards dissuasion and warning against it, and continues to drive his motor vehicle or electric bike in the campus of ZJSU shall be warned seriously.

26.1.1 In the case of minor traffic accident, serious warning or record of demerit shall apply.

26.1.2 In the case of serious consequences, academic probation or expulsion from ZJSU shall apply.

26.2 Whoever has the act of motor vehicle theft or electric bike theft inside the campus of ZJSU and drives it without leaving the area of ZJSU, or drives a motor vehicle in the campus of ZJSU without a valid driving license shall be warned seriously. In the case of traffic accident of whatever nature, academic probation or expulsion from ZJSU shall apply.

26.3 Whoever drives his motor vehicle or electric bike into the campus of ZJSU as a trespasser shall be served warning or stern warning.

26.4Whoever drives his motor vehicle or electric bike in the campus of ZJSU and is found to have the deviant behavior(s) of speeding, and/or driving or motorbiking in a direction not allowed by these Regulations, ignores dissuasion, or rides an overweight electric bike in the campus of ZJSU shall be warned or be taken heavier disciplinary action according to the circumstances.

Article 27Whoever has the following disruptive behavior and causes adverse effects shall be punished according to the circumstances.

27.1 Record of demerit or stern warning shall be served for disruptive behavior affecting educational or life order, which includes, but not limited to , committing a nuisance, throwing bottles or other dangerous objects, abuse of alcohol in restaurant, cafe, canteen, dormitory or public area, or any other unwanted conduct in the campus.

27.2 Where an international student covers up crime, conceals his knowledge of commission of crime, acts as a perjurer, purchases or uses spoils with the knowledge of its criminality, he shall be served stern warning or be taken heavier disciplinary action. Where an international student aids, abets, procures the commission of crime or violation of these Regulations, receives or sells spoils, he shall be served stern warning or be taken heavier disciplinary action.

27.3 Where a student has the deviant behavior of picking a quarrel and making trouble, Vexatious suit or bad manners, he shall be served stern warning or be taken heavier disciplinary action.

27.4 Whoever refuses or obstructs any functionaries of the state organ or staff of ZJSU from performing their official duties according to law or administrative regulations of ZJSU shall be punished by record of demerit. Any student who obstructs teacher or administrative staff from work by violence, menace or any other unreasonable means shall be punished by conduct probation or expulsion from ZJSU. 

27.5Anyone who disrespects the customary practices of ethnic groups, stirs up hatred or discrimination among ethnic groups shall be warned sternly or be taken heavier disciplinary action under these Regulations.

Article 28Anyone who has the following aggravating factor shall be taken heavier disciplinary action under these Regulations.

28.1Where a student does not confess to the facts of his deviant behavior candidly and denies the liabilities thereof, obstructs a staffs handling of a disciplinary case by counterfeiting, concealing or destroying any evidence, or providing any false testimonies, giving any false information about the case in question, or knowingly  abusing complaint procedure or appeal procedure with poor manners.

28.2 Intimidating, assaulting, insulting, beating or revenging upon the whistleblower, witness or his close relatives. 

28.3 Ringleader, organizer or core member in collective deviant behavior     

Article 29Where students has twice been punished under these Regulation, if he thrice violates any provision of these Regulations, he shall be regarded as a habitual violator. Expulsion from ZJSU shall apply.

Article 30Punishment under these Regulations may be lighter or mitigated under the following conditions:

30.1 The act of voluntarily delivering oneself up to the administrative decision of ZJSU and truthfully confessing one's violation of these Regulations after one has violated any provision of these Regulations.

30.2 Any violator of these Regulations who performs such meritorious services as exposing a deviant behavior committed by another. The meritorious services should be verified true through investigation. 

30.3 The act of actively assisting investigation and producing important clues for solving disciplinary or criminal cases.

30.4Adverse consequence or damages is avoided or mitigated for the violators truthful confession and active assistance in investigation.

30.5 The violator is persistently a law-abiding international student whose crimes against law or infringement against these Regulations are relatively minor. 

Article 31If a student violates these Regulations at a time when he is unable to recognize or control his own conduct, upon verification and confirmation through legal procedure, his punishment and liabilities should be lighter, mitigated or exempted according to the circumstances.   

Chapter 3 The power for disciplinary action, student disciplinary proceedings and administrative procedure for campus justice

Article 32Authority and disciplinary proceedings for the punishment of international students  

32.1 The students respective faculty or school shall deal with any alleged breach of these Regulations for which the disciplinary action is record of demerit or lighter. Following preliminary investigation, such faculty or school shall have the discretion to refer this student disciplinary case together with its recommendations for the endorsements of College of International Education, International Office and any other relevant departments, and the Office of Students Affairs for final determination. In the case of preliminary investigation carried out by a functional department, this department shall seek the determination of Office of Students Affairs at the earliest opportunity together with the evidence recommendations which has been endorsed by the College of International Education, International Office and the students respective school.

32.2 Where the alleged student disciplinary action relates to the punishment of academic probation, it should be investigated by the relevant functional department for collecting evidence and making recommendations. In consultation with College of International Education , International Office and the students respective school for endorsements, the relevant functional department shall submit the case to officer-in- charge of external affairs and student affairs for final decision subsequent to seeking the determination of Office of Students Affairs.

32.3 Where the alleged student disciplinary case relates to the punishment of expulsion from ZJSU, disciplinary proceedings should be initiated by the relevant functional department (or College of International Education) for investigation, evidence collection and making recommendations. After seeking endorsements of College of International Education, International Office and the students respective school and the determination of Office of Students Affairs, the case shall be referred to the officer-in-charge of external affairs and student affairs and the the Principle Office Meeting for final decision.

Article 33Special regulation for student disciplinary offenses which are also subject to criminal investigation and other misconducts

33.1 Where an international student commits an offense under Public Security Administration Punishments Law of the Peoples of China and / or the Criminal Law of the Peoples Republic of China, the security department of ZJSU shall liaise with, assist and co-ordinate with the investigation of public security authority and /or judicial authority. When the criminal proceedings have concluded, the security department of ZJSU shall seek the determination of Office of Students Affairs after securing the consent of College of International Education, International Office and the students respective school for decision on whether ZJSU should instigate disciplinary action, taking into account the outcome of criminal proceedings. 

33.2 Where an international student commits a criminal offense under Exit and Entry Administration Law of the Peoples Republic of China, College of International Education shall liaise with, assist and co-ordinate with the investigation of public security authority. College of International Education shall seek the the determination of Office of Students Affairs after the endorsements of International Office and the students respective school, taking into account the outcome of criminal investigation of public security authority.

33.3 Where an international student has the misconduct of obstruction, disruption of, or improper interference with classroom management, the code of educational administration, disciplinary control in an examination hall or breaches of academic integrity including acts of plagiarism, collusion, cheating, making written answers available to another person for copying, or any other form of academic dishonesty or breaches of academic integrity in examination or test, such misconduct shall render an international student liable to very severe penalties under these Regulations. Academic Office (or Graduate College)shall instigate investigation and submit the findings to Office of Students Affairs for determination under these Regulations after the endorsements of International Office and the students respective school. 

33.4 For allegations of an international students infringement against any provision of On Campus International Student Dormitory Regulations , College of International Education and Logistics Service Center of ZJSU shall investigate and submit the findings to Office of Students Affairs for determination after the endorsements of International Office and that students respective school.

33.5 Where more than one student and one school of ZJSU are involved in a disciplinary action case under these Regulations, the relevant functional departments shall investigate and submit findings to Office of Students Affairs for determination after endorsements of College of International Education, International Office and students respective schools.

33.6 In the case of an international graduate students infringement against any provision of these Regulations, Graduate School shall follow.

33.7 Under special circumstances, Office of Students Affairs or Graduate School has the authority to instigate direct investigation of a students misconduct under these Regulations and recommend disciplinary action of appropriate proportionality.

Article 34Before an international student is penalized under these Regulations, he or his authorized representative or agent should be allowed to state whether there are extenuating circumstances linked to the alleged misconduct and/or alleged offense that need to be considered in deciding whether he should be penalized under these Regulations. He is required to show relevant supporting evidence for those extenuating circumstances.

The relevant department(s) and/or school(s) of ZJSU should make decision on disciplinary sanction within ten ZJSU business days following the conclusion of the disciplinary investigation.

Article 35In any case in which an international student is penalized under these Regulations (hereinafter refer to as the offender), a written notification of disciplinary decision (hereinafter refer to as the written notice) should be sent to the student.

Article 36The international students respective school should by hand deliver the written notice to the offender, who should sign against his receipt of it. In the case of an offenders refusal to sign, the messenger should append his signature, mark refused to sign and the time of this incident on the written notice. In the case of special circumstances which prevent direct dispatch to that offender by hand, mail or posting notice, any other reasonable means for the delivery of written notice to the offender is acceptable and shall be deemed to have completed the procedure for serving the written notice on the offender under these Regulations .

Article 37The original copy of notice of disciplinary decision and all the relevant documents and evidences in original form should be kept in the archives of ZJSU and not removable.  The offenders respective school should log a copy of notice of disciplinary decision into that his personal file.

Article 3838.1 An offender may lodge a complaint against a disciplinary sanction where the sanction is grossly disproportionate to the alleged offense in his opinions.

38.2 Notice of the decision on the disciplinary sanction taken and the particulars of offender under these Regulations should be posted in the schools and campus of ZJSU. College of International Education should report the case details to the university management according the procedure stipulated.

38.3 Upon the expiry of minimum one year before the graduation of an offender, he can submit petition to ZJSU for re-consideration to change the sanction/decision taken.

38.4Any international student to whom the disciplinary action of expulsion from ZJSU under these Regulations is taken no longer has academic registration at ZJSU with immediate effect. His reciprocal duty-and-right relationship with ZJSU is dissolved at once. School of International Relations shall inform Public Security Bureau for their decision on compulsory departure from the Peoples of China upon expiry of the offenders limitation of stay in the Peoples Republic of China. Within three days upon the offenders receipt of written notice of disciplinary decision at Article 36, he should complete the procedural formalities for curtailment of academic registration of ZJSU and leave the campus and premises of ZJSU within three days. Any offender expelled from ZJSU must refrain from visiting the university premises and/or campus thereafter unless engaged in official business approved in writing by at least a relevant school and/or functional department in advance. Where an offender expelled from ZJSU visits the university premises and/or campus without prior written approval at this article 38.4, he is deemed to be a trespasser and is liable to civil and/or criminal liabilities.

Article 39Decision to curtail the period of conduct probation

39.1 Conduct probation lasts for one year only. In the case of an international student complying with prescribed condition of good conduct and taking initiative to abide by ZJSU regulations and discipline, the disciplinary sanction of conduct probation terminates automatically upon expiry of the specified one year period. In case of extension or curtailment of the conduct probation based on the offenders compliance with prescribed conditions of conduct probation, the offenders respective college and College of International Education should submit application to Office of Students Affairs for consideration.   

39.2 Where an offender to whom the order of conduct probation is being enforced re-violates any provision of these Regulations, he shall be expelled from ZJSU. 

39.3 Conduct probation shall be curtailed automatically in case of graduationor voluntary cessation of academic registration of ZJSU.

Chapter 4  Supplementary regulations

Article 40Where an international visiting student for short term or language study at ZJSU violates any provision of these Regulations, International Office, in consultation with the College of International Education, shall investigate under these Regulations and notify the violators respective academic institution of the investigation outcome, disciplinary decision and evidence for the substantiation of it.

Article 41These Regulations are applicable to ZJSU students from Hong Kong, Macau and Taiwan. 

Article 42In these Regulations, above the monetary amount and below the monetary amount mean at or above the monetary amount and at or below the monetary amount. The currency and unit are Renminbi and yuan respectively.  

Article 43In the case of any matter not covered above, ZJSU Regulations for Student Discipline and Punishment shall apply.

Article 44 Office of Students Affairs of  ZJSU is responsible for the ultimate interpretation of these Regulations.

Article 45These regulations come into force with immediate effect from the date of promulgation.