Article 1 The Provisions are formulated in accordance with the Provisions on the Administration of Students in Regular Institutions of Higher Education and the statutes of the university, to promote the administering the university according to law, protect the lawful rights and interests of students and standardize the student appeal management.
Article 4 The university set up the Student Appeal Committee of Southwest Jiaotong University (hereinafter referred to as the “Student Appeal Committee”) to be responsible for accepting the student’s appeal against the handling or punishment decision made by the university.
Article 5 The Student Appeal Committee shall consist of 13 members and the director shall be the university leader in charge of the student work. The Committee shall include one head of Student Affairs Department, one head of Graduate School, one head of Office of Academic Affairs, one head of School of Distance and Continuing Education, one head of International Cooperation and Exchange Office, one head of Office of Administering the University According to Law (Office of Legislative Affairs), three teacher representatives, two student representatives and one legal counsel.
Article 6 The Student Appeal Committee Office is located in the Student Affairs Department and a specially-assigned person shall be arranged to serve as the secretary of the Student Appeal Committee.
Article 7 The Student Appeal Committee Office shall, after receiving a written appeal from students, inform students of the composition of the Student Appeal Committee in writing and inform them that they have the right to request the avoidance of members of the Student Appeal Committee based on reasonable grounds. Students shall make the application for avoidance of members within two days.
Article 8 Members of the Student Appeal Committee in the following categories shall avoid on their own and students shall also have the right to request the avoidance:
(1) Those who are the close relatives of the appellor;
(2) Those who have a stake in the appeal;
(3) Those who participate in making the handling or punishment decision to the appellor;
(4) Those who have other relationships with the appellor that may affect the objective and impartial handling of the appeal.
Article 9 The avoidance of the director of Student Appeal Committee shall be decided at the plenary meeting of the Student Appeal Committee and one of the members shall be elected to perform the duties on the director’s behalf. The avoidance of other members shall be decided by the director of the Student Appeal Committee.
Article 10 The avoidance decision shall be made within two days from the date on which students make an avoidance application. After the avoidance decision is made, students shall be informed in a timely manner. Before making a decision on whether the avoidance is required, members who have been requested to avoid shall suspend the participation in the review of appeal.
Article 11 Students who have any objection to the handling or punishment decision made by the university may file a written appeal to the Student Appeal Committee Office within 10 days from the date of receipt of the handling or punishment decision of the university.
Article 12 The appeal shall be filed by the students themselves. Students shall submit an appeal for revision to the Student Appeal Committee Office when filing an appeal and the appeal for revision shall contain the following:
(1) Name, class, student number, ID card number and other basic information of the appellor;
Article 13 After receiving the appeal from students, the Student Appeal Committee Office shall conduct the following preliminary review on whether the appeal complies with the acceptance conditions in a timely manner:
(1) Whether the appeal subject is eligible;
(2) Whether the appealed matter is within the scope of work of the Student Appeal Committee;
(3) Whether the appeal is filed within the prescribed period.
Article 14 The Student Appeal Committee Office shall make a decision on whether to accept the appeal within three days under the following circumstances and inform students of the decision.
(1) The appeal that complies with the acceptance conditions shall be decided to be accepted;
(2) If the appeal materials are incomplete or the circumstances are not clear, the appellor shall be informed in writing to conduct the supplementation and correction within two days. If the supplementation and correction are not conducted within the prescribed period, the appeal shall be regarded as having been withdrawn;
(3) The appeal that does not comply with the acceptance conditions shall be decided not to be accepted and a written explanation of the reasons is required.
Article 15 The Student Appeal Committee shall review the appeal to be accepted and draw a review conclusion and inform the appellor of it within 15 days from the date of receipt of the appeal for revision. If the conclusion cannot be drawn within 15 days due to complex circumstances, the period may be extended for 15 days after approval by the director of the Student Appeal Committee.
Chapter IVReview of Appeal
Article 16 The Student Appeal Committee shall have the right to inquire and investigate the following matters related to the student appeal.
(1) It has right to require the relevant departments of the university to submit evidence, documents and other necessary materials related to the appeal matter;
(2) It can handle the appeal by way of written review based on the actual situation;
(3) It can use other inquiry and investigation methods allowed by laws and regulations.
The Student Appeal Committee shall collect evidence in a comprehensive and objective manner according to law. Do not collect evidence by threat, luring, deception and other illegal means.
Article 17 The Student Appeal Committee shall review the appeal investigation report and its related materials and shall recheck and deliberate the following issues:
(1) Whether the facts of handling or punishment decision are true and clear, and whether the main evidence is sufficient and accurate;
(2) Whether the applicable basis for handling or punishment decision is correct;
(3) Whether the processing procedures of handling or punishment decision comply with the provisions;
(4) Whether the handling or punishment decision is obviously unjust;
Article 18 The Student Appeal Committee shall keep the meeting records during recheck to form the minutes of meeting. The different opinions in the recheck shall be truthfully recorded in the meeting records.
Article 19 The Student Appeal Committee shall give clear advice on the appeal handling through recheck and make the following recheck decisions under different circumstances:
(1) If it is considered that the handling or punishment decision is correct, the Committee shall make a recheck decision to maintain the handling or punishment decision;
(2) If it is considered that the facts, basis and procedures of handling or punishment decision are improper, the Committee shall make a recheck decision to revoke or change the decision, and shall request the relevant functional departments to conduct the research and resubmit it to be decided at the president’s office meeting.
Article 20 The Student Appeal Committee shall prepare a decision of recheck after the recheck decision is made. The decision of recheck shall contain the following:
(1) Name, class, student number, ID card number and other basic information of the appellor;
(2) Name of the organ who makes the handling or punishment decision or facts, reasons and applicable basis of handling or punishment decision;
(3) Matters, reasons and requirements of appeal;
(4) Facts, reasons and applicable basis identified by the Student Appeal Committee;
(5) Recheck decision made by the Student Appeal Committee;
(6) Date on which the recheck decision is made;
(7) Administrative remedy approaches that can be obtained when the appellor is dissatisfied with the recheck decision, and period of exercise of rights.
Article 21 The Student Appeal Committee shall send the decision of recheck to students directly within the prescribed period. The decision can be sent to those who refuse to sign in the way of lien service. The decision can be sent to those who have leaved the university by mail. The decision can be sent to those who are difficult to contact by posting them on the university website and news media.
Article 22 Students who have any objection to the recheck decision may file a written appeal to the provincial education administrative departments at the place where the university is located within 15 days from the date of receiving the decision of recheck from the university.
Article 23 The university shall not give a heavier punishment to students due to the appeal.
Article 24 Students may withdraw the appeal before making a recheck decision. Students who request to withdraw the appeal must propose the request in writing. After the withdrawal of the appeal, students shall not file an appeal again based on the same facts and grounds.
Article 25 After the decision of recheck is delivered, the Student Appeal Committee shall arrange the files and archive them within 5 working days.
Chapter VSupplementary Provisions
Article 26 The Provisions shall come into force from September 1, 2017. The original Provisions on Management of Student Appeal of Southwest Jiaotong University are abolished simultaneously.
Article 27 The university authorizes the Student Affairs Department (Office) to be responsible for the interpretation of the Provisions.