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Policy on Student Conduct and Discipline

DEFINITIONS

1) The University or XJTLU is Xi’an Jiaotong-Liverpool University;

2) CAA is the Centre for Academic Affairs;

3) CSA is the Centre for Student Affairs;

4) The PRC is the People’s Republic of China;

5) University accommodation is accommodation owned by the University or accommodation provided under the terms of any agreement between the University and an accommodation provider;

6) Including means ‘including but not limited to’. This means that examples provided do not constitute a complete list.

INTRODUCTION

7) The purpose of the Policy on Student Conduct and Discipline is to set out the standards of conduct and behaviour expected for our students to maintain and protect an environment which encourages learning and which is in keeping with the values of an international University.

8) This Policy sets out the authority of Xi’an Jiaotong-Liverpool University to take action to uphold standards of student conduct.

9) The Policy also sets out the rights of students who find themselves subject to disciplinary procedures and sets out the roles and responsibilities of those involved in administering this Policy and its related Procedures.

10) On registration, students agree to comply with all relevant University policies and procedures and the expected standards of behaviour. This Policy should be read together with:

  • Policy on Student Conduct and Discipline – Procedures
  • Policy on Student Conduct and Discipline – Guidelines
  • Student Charter;
  • Regulations on Student Administration of Xi’an Jiaotong-Liverpool University
  • International Student Visa Policy
  • Student Complaints Procedures
  • Regulations for the Conduct of Examinations,
  • Academic Integrity Policy;
  • Library and Museum Regulations, including: Copyright and Fair Use;
  • Policy on the Control of Infectious Diseases
  • Regulations on Dormitory Management
  • Terms of Reference: i. Board of Discipline, Non-Academic Misconduct; ii Board of Discipline, Academic Misconduct; iii Board of Appeal, Non-Academic Misconduct; iv Board of Appeal, Academic Misconduct.

KEY PRINCIPLES IN DEALING WITH STUDENT CONDUCT AND DISCIPLINE

11) The key principles underpinning this Policy are based on principles of natural justice which are that:

  • The University will act fairly and reasonably in all circumstances;
  • The University will follow its procedures in all circumstances;
  • Decisions which determine the guilt or otherwise of a student (or students) will be taken on the balance of probabilities and the weight of evidence;
  • Any penalty or punishment imposed as an outcome of a disciplinary procedure will be proportionate to the offence and may include, where appropriate, restorative penalties (including compensation and/or apology);

12) The University has a duty to inform the relevant authorities, such as the police, if it considers that a student is engaged in illegal activity. The University is legally obliged to assist the police in any criminal investigation involving any of its registered or enrolled students. Where a police investigation is instigated, the University will not instigate any student disciplinary proceedings until the outcome of the police investigation is known.

  • However, where the University considers there may be undesirable consequences for a student to remain on University premises or in University accommodation during the period of any official investigation, the student may be required to remain away from campus for a period normally not exceeding 90 calendar days.
  • The decision to require a student’s absence under these circumstances is the responsibility of a member of the University’s Senior Management Team and must be reported immediately to the Registry.
  • Where a student is absent under these circumstances, electronic submission of coursework will be permitted and reasonable adjustments will be made to permit the student to sit any examinations that fall within this period.

13) In the case of visiting or exchange students, the University has a duty to inform the home institution of any breach of this policy.

AUTHORITY FOR DISCIPLINARY ACTION

14) Academic Board will regulate and superintend the conduct and discipline of students and exercises this authority by delegation to the persons and bodies identified in this Policy. Any changes to this Policy and its Procedures shall be approved by Academic Board.

15) Authority for taking action for serious misconduct under the terms of this Policy is exercised by Academic Board through:

  • The Boards of Discipline;
  • The Boards of Appeal.

16) Authority to take action for misconduct which is deemed to be relatively minor is exercised by Academic Board under powers of summary jurisdiction, delegated to the authority of the Director of CAA (academic misconduct) or the Deputy Director of CSA (non-academic misconduct).

17) It is the responsibility of all staff and students to discourage any misconduct by students on University premises, in the online classroom, during field classes, placements or any other relevant off-site location. Any such conduct encountered by staff and students should be reported to the Director of CAA (academic misconduct) or the Deputy Director of CSA (non-academic misconduct) who will designate an
Investigating Officer. The Investigating Officer will normally be a senior member of Professional Services staff from either the CAA or CSA, depending on the nature of the case.

SCOPE OF THE POLICY

18) All students enrolled or registered on a programme of study or research on any University premises are subject to the provisions of this Policy including but not restricted to:

  • Students who have arrived on campus to start their programme of study but who have not yet completed the formal registration processes;
  • Students who have completed their programme of study and who have become graduands of either XJTLU and/or the University of Liverpool. No student with any outstanding disciplinary matter against them shall be permitted to graduate from either the University of Liverpool or XJTLU, including those students who have registered an intention to appeal against a disciplinary action taken against them;
  • Students who are studying on the XJTLU campus as part of an exchange programme, as part of a short course programme, or as visiting students, ;
  • University of Liverpool students who are studying on the XJTLU campus as part of the ‘Year In China’, Study Abroad or any other programme;
  • Students who spend time off campus as part of their degree programme such as on placement, field classes or undertaking research.

19) Students articulating to the University of Liverpool as part of the 2+2 programme will be subject to policies in place at the University of Liverpool.

20) Disciplinary arrangements for those students who study with one or more institutional partners of XJTLU as part of their programme will be made explicit in that agreement and students will be informed of those arrangements when they register.

21) Students covered in paragraphs 19) and 20) above are considered by Chinese authorities to be still registered as XJTLU students and therefore may also be subject to XJTLU disciplinary policies and procedures. Misconduct will be dealt with on a case-by-case basis.

22) Disciplinary action can take place even when the misconduct occurs away from University premises or outside term-time.

  • The Regulations for the Conduct of Examinations apply to overseas examination sites as well as those run on the XJTLU campus;
  • Student behaviour off campus and during vacations, weekends, evenings, on placements and field classes is covered by this Policy;
  • Student social activity is covered by this Policy, including usage of social media or other forms of communication whether or not University IT systems are used, or whether or not it takes place during normal University opening hours.

23) Students should be aware that their behaviour in a social setting, for example, in University accommodation, or on social media, may have consequences for their academic progress on their programme of study.

24) Students are required to inform the University via the CSA if they are charged or convicted of a crime, in China or abroad, whilst registered at the University.

PENALTIES

25) Students who violate the laws and regulations of the PRC and of the University may meet with the following penalties, along with the loss of certain privileges:

  • Verbal reprimand;
  • Formal written warning;
  • Suspension of studies;
  • Termination of studies.

26) Lighter penalties may be imposed under summary jurisdiction.

27) The University reserves the right to terminate the studies of any student convicted of criminal activity.

28) If a student is found guilty of misconduct but studies are not terminated, s/he will be placed on disciplinary probation. Heavier penalties, including suspension and termination of studies, will be considered for second and subsequent offences.

29) Lighter penalties may be considered in certain circumstances, including :

  • If a student co-operates fully with any investigation and takes action to repair or minimise damage caused;
  • If a student can prove that s/he committed an offence of misconduct as the result of bullying or intimidating behaviour by another party or other parties.

30) If a student is found guilty of misconduct, this may have a negative effect on their eligibility for commendation or achievement award.

ACTIVITIES CONSTITUTING ACADEMIC MISCONDUCT

31) For examples of activities that constitute academic misconduct, please refer to the University’s: Regulations for the Conduct of Examinations, Academic Integrity Policy; and Policy on Fair Use of Library E-Resources;

ACTIVITIES CONSTITUTING NON-ACADEMIC MISCONDUCT

32) This section provides a guide to the type of activities which constitute misconduct. For detailed examples, please refer to the Guidance On Student Code Of Conduct And Discipline (Non-Academic Misconduct) which accompanies this policy. Activities which are not listed may also constitute misconduct.

33) Any contravention of the Constitution of the PRC or engagement in activities which are illegal in PRC, irrespective of the offender’s nationality, race, religion, gender, disability, age, place of birth or normal country of residence.

34) Any breach of University Regulations, Policies or Codes of Practice, with particular reference to those named in Paragraph 10) above.

35) Public order offences.

36) Abuse of communications media, information systems, information, data and Library e-resources.

37) Substantial obstruction or interference with the functions, duties or legitimate activities of any student or member of staff of the University, or any visitor to the University.

38) Fraud, deceit, deception, dishonesty and/or unauthorised behaviour.

39) Failure to provide proof of identity when requested to do so.

40) Failure to comply with the terms of any punishment imposed as a result of the University’s disciplinary procedures.

41) Actions which display contempt of any measures taken by the University as a result of a disciplinary procedure.

42) Any other conduct that may discredit the University or may bring the University into disrepute.

RIGHTS, ENTITLEMENTS AND RESPONSIBILITIES OF STUDENTS UNDER THIS POLICY

43) Under this Policy, and in line with the Student Charter and other University policies, the University acknowledges the rights and responsibilities of students and sets out implications for students of actions taken under the terms of this Policy as follows:

  • Students must familiarise themselves with the legal requirements and social expectations of residents in the PRC;
  • Students will be treated fairly and consistently within all disciplinary procedures;
  • Students normally will be provided with written details of any allegations made against them which are to be investigated under the disciplinary procedures;
  • Students are entitled and will be given the opportunity to state their case and to be heard in any disciplinary hearing;
  • Students are entitled and will be given the opportunity to be accompanied at any disciplinary meeting or hearing;
  • Where a student makes a counter-claim against any allegation, the University will investigate this;
  • Students are expected to engage with any disciplinary procedures in a polite, courteous and prompt manner;
  • Students are expected to attend disciplinary meetings when invited to do so;
  • Students are expected to follow the disciplinary procedures and fulfil their responsibilities within them.

PROCEDURES

44) The Procedures relevant to this policy are detailed in Student Conduct and Discipline Procedures which accompany this document.

Guidance (See Attached)

(Last Review Date: 17-Apr-2019)

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