Formulated at the extended conference of the 61st Academic Affairs Meeting on December 12th 2011
Adopted at the 62nd Academic Affairs Meeting on May 11th 2012
Amendment adopted at the 65th Academic Affairs Meeting on May 14th 2013
Amendment adopted at the 73th Academic Affairs Meeting on Dec 11th 2015
In order to ensure students’ learning, living and educational rights as well as to promote campus harmony, National Chung Hsing University (hereinafter referred to as “the University”) has the Guidelines on Student Appeal Procedures of National Chung Hsing University (hereinafter referred to as “the Procedures”) and established a Student Appeal Review Committee (hereinafter referred to as the “Review Committee”) to review the appeals lodged by students, in accordance with Paragraph 4 of Article 33 of University Act, Guidelines on University and College Student Appeals, and Article 40 of Organizational Rules of the University.
The Review Committee shall be organized in accordance with the following rules:
The Review Committee is comprised of 27 to 31 members. Each college shall be represented by 2 teachers elected by its entire faculty and shall recommend another 2 alternates (one male and the other female). Meanwhile, the Student Union shall designate 1 student from each college as a representative of his/her college. The number of teachers who are not concurrently holding administrative posts shall not be less than half the entire members. Either sex shall represent no less than one third of the entire members. Also, the principal shall select and appoint at most four specialists in the field of law, education and psychology as the Review Committee members. If a student with special needs appeals, the school should hire special education scholars or specialists to comprise the Student Appeal Review Committee.
- The list of the aforementioned teacher and student representatives shall be submitted to the Office of Student Affairs no later than June 30th each year.
- Members of the Student Rewards and Disciplinary Committee or personnel in charge of deciding and investigating student rewards and punishments shall not serve as members of the Review Committee.
- The position of the Review Committee member is unpaid. The term of membership is one-year. Each member is entitled to serve unlimited terms if re-elected. The Dean of the Student Affairs shall serve as the convener of the 1st meeting of the Review Committee for the new academic year, where the presiding chairman shall be elected by and among the participants of the Review Committee. The presiding chairman shall then convene subsequent meetings for the rest of the academic year.
Office of Student Affairs shall be in charge of relevant administration work and procedure for the Review Committee and is obligated to submit its work reports at the academic affairs meeting.
A Student, the Student Union and other student self-ruling related organizations (hereinafter referred to as the Appealer) may make an appeal against a disciplinary sanction, other resolutions or decisions to the Review Committee under the Procedures where it is alleged that the disciplinary sanction, other resolutions or decisions involved were inappropriate for the violations or violate the University’s Rules and Regulations.
The students mentioned in the preceding paragraph must maintain a valid student status when a disciplinary sanction, other resolutions or decisions are taken to him/her by the University.
A student, the Student Union and other student self-ruling related organizations must submit their appeals within 30 days after receiving a disciplinary sanction, other resolutions or decisions if they want to appeal against a disciplinary sanction, other resolutions or decisions. Appeals should be submitted in writing to the Review Committee. All appeals should clearly state the grounds for appeal, and should include all appropriate supporting evidence which is clearly indexed and referenced.
In the event that any act of god or a force majeure incident has caused the Appellant to miss the deadline for filing an appeal, the Appellant may submit a written application, expressly stating the reasons, to the Review Committee for acceptance of their late appeal. However, the procedures for acceptance of a late appeal shall not apply if more than one year has passed from the deadline for filing the appeal.
The University, while handing an appeal case, may organize an investigation panel for such cases based on the decision of the Review Committee. The panel shall basically be comprised of 3 to 5 members. The University shall cooperate with and provide relative information to the panel.
The Review Committee shall complete the review within 30 days from the next day of receiving an appeal. The aforementioned review period may be extended, if necessary, by the Review Committee, and a notice shall be given to the Appellant. The review period can only be extended one time for no more than 2 months. However, no extension shall be granted for the appeals with regard to a disciplinary sanction of dropout or expulsion from the University, or any other similar decisions.
The Review Committee shall, under its own judgment, notify the appellant to submit his/her revisions and corrections of the letter of appeal within 7 days if the letter of appeal submitted does not satisfy the requirements set out in the Procedures The review period shall include the time for Appellant’s submission of his/her revisions and corrections of the letter of appeal.
If the appellant initiate a petition or lawsuit (civil, criminal or administrative) relating to the appeal after an appeal has been filed, the appellant should promptly send the University a written notice.
The University should inform and forward the matter prescribed to the Committee. After receiving the notice or the Committee is aware of the matter prescribed in the previous section, the Committee should stay its reviewing process and notify the appellant in written. After the reasons that result in the stay of the reviewing process abate, the appellant may request in written the Committee to continue its reviewing process; the Committee should resume its reviewing process and should notify in written the appellant of its decision.
If the Committee’s decisions on a particular appeal, all or in part, are subject to a matter that will be determined in a pending administrative appeal or lawsuit, the Committee should stay its reviewing process of this appeal and notify in written the complainant. The Committee should resume its reviewing process once the reasons resulted in the stay abate and should notify the appellant about this decision.
The above rules do not apply to any appeal against a disciplinary sanction of dropout or expulsion from the University, or any other similar decisions.
An appellant may not bring another appeal to this University against the same matter that has been appealed.
After the appeal has been filed, the appellant may withdraw his/her appeal before the written decision has been delivered to the appellant.
Generally, the review of the appeal shall be kept in closed session. At the conclusion of the consideration of the appeal, the Review Committee shall announce the outcome and the reasons for the judgment and of any remedial action to be taken. However, the Review Committee shall not announce or publish the name of any person or any other personal identifiable information related to the appeal.
The Review Committee may request the Appellant, representative of the original disciplinary authority and the persons concerned to attend the hearing and present his/her case, opinions or relevant information. The information presented should be recorded.
The Review Committee may, upon the request of the Appellant, allow the Appellant’s parents, teachers and lawyers to attend the review hearing.
The decisions, voting results of the Review Committee as well as each member’s personal opinions shall be kept confidential.
Decisions are made by majority vote at the meeting attended by a majority of the members.
Members of the Review Committee shall attend the review hearing in person, and no proxy shall be appointed or authorized for any member.
Any member of the Review Committee who has conflict interests or is a party to the appeal shall voluntary not review the appeal. The Appellant may file a motion of recusal prior to the beginning of review hearing.
The Review Committee shall make a decision to the aforementioned motion.
For the appeals with respect to any appeal against a disciplinary sanction of dropout or expulsion from the University, or any other similar decisions,, the University may allow, by its own judgment or upon written request by the student, the student to remain his/her student statue in the University before the conclusion of decision has been made by the Review Committee.
Upon receiving the written request of the student, the University shall consult the Review Committee for its opinions and take the student’s living and learning conditions into consideration, and give the student a written response letter within 7 days. The response letter shall expressly state the relevant rights and obligations of a valid student status
For a student who is permitted to continue its student status in the University in light of paragraph 1of this Article, a diploma shall not be conferred upon him/her, while other activities including enrollment of courses, evaluation of academic achievements, rewards and punishments shall remain same as all the students at the school.
A written review decision shall contain the holding, facts and reasons. A written decision shall also be made for the rejection of an appeal with no entry of facts is required in it.
The aforementioned written review decision shall provide the Appellant with further relief measures applicable him/her if he/she is dissatisfied the decision of his or her appeal in accordance with Paragraph 1 of Article 14 or Article 15.
When the written review decision is submitted to the Principle for his/her approval, a copy shall be provided to the original disciplinary authority. Where it is alleged that the decision of the appeal was not in accordance with the law and regulations or was difficult to be fulfilled for the original disciplinary authority, the original disciplinary authority shall present to the Principle a written statement expressly disclosing the facts and reasons, and send a copy to the Review Committee. If the President agrees, the Committee shall be requested to perform the only one additional review. If the original decision remains unchanged through such additional review as carried out by the Review Committee, the original disciplinary authority shall hold no objection to the decision. The review decision, upon being approved by the President, shall be served to the Appealer and the original authority making such punishments, measures or resolutions, and shall be implemented by the University accordingly.
The following provisions are provided to take care of the appeals in regard to withdrawal from study, discontinuation of study or other similar sanctions where the original decision remains unchanged in spite of an additional review.
The date of the aforementioned original review decision shall be the study termination date to be disclosed on the Certificate of Study.
A credit certificate for the courses taken during the appeal period shall be issued.
“List of the Withdrawal-from-study Students for Whom Military Service Deferment Reasons Are Eliminated” shall be submitted to the military authorities within 30 days after confirmation of the review decision.
Refund of tuition shall be managed in compliance with Article 8 of the Regulations Governing the Charges Made by Colleges and Universities to Students and Article 15 of the Regulations for Tuition and Fees to Be Paid by Students in Colleges and Universities.
The Appellant, who is dissatisfied with the review decision of his/her appeal against a administrative sanctions from the University, is entitled to file an administrative appeal. The Appellant shall attach with the aforementioned review decision to his/her administrative appeal to the Ministry of Education via the University within 30 days after the day the review decision has been served on him/her.
After receiving the administrative appeal specified in the preceding paragraph, the University shall submit the administrative appeal together with a response answer and necessary relevant documents to the Ministry of Education within 7 days. The University shall promptly notify the Appellant of such submission.
If a student fails to return to school in time due to special circumstances when the administrative appeal decision or the administrative litigation vacate the original sanctions such as a disciplinary sanction of dropout or expulsion from the University, or any other similar decisions, the University shall provide counseling service for the student so as to assist him/her to resume study. For a draftee already enlisting in service and being unable to return to school, his student status shall be reserved until he is discharged from the military service. The student shall have the priority to receive counseling service and resume study as soon as completion of the military service. The period of absence before returning to school shall be granted with retroactive suspension.
In case that an Appellant files an administrative appeal against the administrative sanctions from the University to Ministry of Education directly instead of making his/her appeal to the University under the Procedures, the Ministry of Education shall transfer the case to the University and the appeal shall be proceeded under the Procedures.
The Appellant, who is dissatisfied with the review decision of an appeal against a disciplinary sanction, other resolutions or decisions other than administrative sanctions, is entitled to file a law suit for relief pursuant to relevant law.
If a student files a complaint to campus events such as sexual assault, sexual harassment or sexual bullying and such case is subject to be handled in accordance with Paragraph 2, Article 28 of the Gender Equity Education Act, the case shall be reviewed and deal under the Gender Equity Education Act and relevant regulations.
The Procedures are adopted by the University at the Academic Affairs Meeting and enacted upon the approval of the Ministry of Education. Any modifications made to the Procedures will be made in accordance as such.
Note: The English version herein is a translation of the original articles in Chinese, and the original in Chinese shall prevail in the event of any difference existing between both versions.