Management Measures for Student Appeal Settlement of Southwest Petroleum University
第一章 总 则
Chapter I General Provisions
Article 1 Management Measures for Student Appeal Settlement of Southwest Petroleum University （hereinafter referred to as the Measures）is hereby formulated in accordance with Common University Student Management Rules and relevant laws and regulations to standardize the student appeal system of the university, comprehensively promote the law-based university governance, ensure that the university treats students objectively, impartially and fairly, protect the legitimate rights and interests of students and maintain the sound teaching management order of the university.
Article 2 Undergraduates and postgraduates in our university with the student status who have objections to any decision of punishment or treatment given to them by the university in accordance with the laws, regulations and the university regulations may lodge a complaint with the Student Appeal Committee of Southwest Petroleum University （hereinafter referred to as the Student Appeal Committee）which will accept the appeal and make an appeal review decision, to which the Measures is applicable.
Article 3 Students shall appeal according to the facts and relevant regulations.
Article 4 When handling student appeals, the Student Appeal Committee shall make sure legal procedures, clear basis, qualitative accuracy and appropriate settlement.
Chapter II Student Appeal Committee
Article 5 The Student Appeal Committee is a special body of the university to deal with student appeals. The committee is made up of 9 people, and the director shall be the university director in charge of student work and the committee members shall include the director of the Office of the Party Committee and the Office of the Principal, the director of the Office of Discipline Supervision and Checkup, the director of the Student Work Department （Postgraduate Work Department）, the head of the CCYL Committee, the head of the Office of Academic Affairs, a teachers' representative, a students' representative, and a legal adviser. In principle, the Personnel Office of the Human Resources Department shall be responsible for the generation of the teachers' representative and the Student Union of the Youth League Committee of the university shall be responsible for the generation of the students' representative. An office is set up under the Student Appeal Committee, which is located in the Legal Affairs Office of the Office of the Party Committee and the Office of the Principal and the Office of the Party Committee and the Office of the Principal shall arrange a special person to serve as the Secretary of the Student Appeal Committee.
Article 6 The Student Appeal Committee shall:
（i）accept students' appeals on disqualification of admission, dropping out, or punishment of discipline violations;
（ii）investigate and collect evidence from the relevant organizations and personnel as well as consult documents and data;
（iii）review an appeal and make the appeal review decision;
（iv）assist the complainant in handling relevant matters of lodging an appeal to the Education Department of Sichuan Province due to his/her dissatisfaction with the appeal review decision.
（v）be responsible for other duties prescribed by the university.
Article 7 The Student Appeal Committee shall perform the duty of appeal review and follow the principle of legality, justice, openness and avoidance, adhere to the work style of correcting mistakes, timely handling and facilitating students' work and also ensure the correct implementation of laws, regulations and the university regulations.
Chapter III Appeal Acceptance
Article 8 Students who have objections to the following disposal or punishment decisions made by the university concerning their own rights and interests may lodge a written complaint with the Student Appeal Committee of the university within 10 days after receiving a disposal or punishment decision letter:
（i）Disqualification of admission;
（iii）Disciplinary sanctions such as warning, serious warning, demerit recording, academic probation, and expulsion from the university due to the violation of laws, disciplines and regulations;
（iv）Other handling decisions which may be complained about as regulated by laws and regulations.
Article 9 If the legal time limit for appeal is delayed due to force majeure or other legitimate reasons, the reasons shall be explained and relevant supporting materials shall be provided after the obstacle factors have disappeared, and any appeal shall be deemed to be filed within the time limit for appeal if being verified by the Student Appeal Committee while the time for making the review conclusion shall be counted from the date of receipt of the written complaint.
When lodging an appeal, the complainant or agent shall submit a Student Appeal of Southwest Petroleum University to the Student Appeal Committee and fill out correctly and attach the original disposal （or punishment）decision （copy）as required by the university. The Student Appeal of Southwest Petroleum University shall contain the following items:
（i）Name, gender, native place, ID card No., student No., college, major, grade, class and other basic information of the complainant;
（ii）Appeal matters, reasons and requirements;
（iii）The complainant's own telephone number and address;
（iv）The complainant's own signature;
（v）Date of appeal.
If a complainant with the right to appeal has no capacity for civil conduct or has limited capacity for civil conduct, a close relative or agent may lodge an appeal on his behalf.
Article 10 If a student fails to appeal within the time limit for appeal upon the date of the service of disposal and punishment, he/she shall be deemed to give up the appeal, and the university shall not accept any appeal lodged by him/her.
If a student has not been informed of the time limit for appeal in the disposal or punishment decision, the time limit for appeal shall be counted from the date when he/she knows or should know the disposal or punishment decision, but not more than 6 months.
Article 11 During the appeal period, disposal or punishment decisions including disqualification of admission, dropping out or expulsion from the university shall be suspended, while other disposal or punishment decisions shall not be suspended.
Chapter IV Appeal Review and Review Decision
Article 12 The Student Appeal Committee shall review the appeal that has been accepted and, within 15 days from the date of receipt of the written appeal, make a conclusion of the review and inform the complainant. If the circumstances are too complex to reach a conclusion within the prescribed time limit, the period may be extended for 15 days upon the approval of the director of the Student Appeal Committee. The review conclusion shall be communicated to the complainant in the form of an appeal review decision.
Article 13 For the appeal review, the Student Appeal Committee may adopt general procedure or hearing procedure respectively according to the actual situation.
Article 14 If it is decided to adopt the general procedure to review, the Student Appeal Committee shall organize and set up an appeal review team to be specifically responsible for the review of the appeal.
Article 15 The appeal review team shall review the appeal of the complainant in accordance with the following procedures:
（i）Extract the raw materials for the original treatment and review the original treatment;
（ii）Hear the complainant's defense and make written inquiries to the complainant;
（iii）Listen to the opinions of the leader, manager and other relevant personnel of the original handling department;
（iv）Check or verify new clues and new situations put forward by the complainant;
（v）Based on the above-mentioned situations, the appeal review team shall submit the review report of the appeal to the Student Appeal Committee.
Article 16 After the general procedure is adopted to review, the Student Appeal Committee shall convene a special meeting on student appeal review, and based on the review report of the review team, carry out review discussion for the appeal lodged by the complainant and make a review conclusion.
Article 17 If the complainant makes a request in the appeal application for a hearing procedure and has been approved by the Student Appeal Committee, the review of student appeal may be conducted through a hearing procedure, but the hearing procedure shall only apply to:
（i）an appeal of the complainant against the disqualification of admission and being dropped out;
（ii）an appeal of the complainant against being expelled from the university.
Article 18 After receiving an appeal application for the hearing procedure, the director of the Student Appeal Committee shall decide whether to adopt the hearing procedure within 3 working days. If a decision is made to adopt the hearing procedure to review, the presiding officer of the hearing shall be appointed and the functional departments shall be authorized to organize the review.
Article 19 Participants in the hearing shall include applicants, witnesses, investigators of disciplinary conduct, judges and presiding officers, etc.
The hearing judges shall be members of the Student Appeal Committee, generally no less than two-thirds of the members of the Student Appeal Committee, which shall include the teachers' representative and the students' representative. Personnel investigating students' disciplinary violations shall not serve as the hearing judges.
Article 20 Apart from those involving the privacy of the parties concerned or required by the parties concerned to be closed, hearings shall be held in public and teachers and students shall be allowed to attend the hearings.
The functional department that organizes the hearing shall, within 3 working days from the date of making the decision on the hearing, determine the time, place, judges, etc., and notify each participant 3 working days prior to the hearing. If a hearing is held publicly, a public announcement shall be issued simultaneously.
Teachers and students applying for audit shall, within 2 working days before the hearing, submit an application to the functional department that organizes the hearing.
Article 21 Students who violate discipline shall participate in the hearing. If they cannot participate in the hearing due to special circumstances, they may entrust one or two persons to represent them. If a student who violates discipline or his or her agent fails to attend the hearing as scheduled and fails to explain the reasons in advance, the student or his/her agent shall be deemed to have waived the hearing right and the appeal review procedure shall be terminated.
Article 22 The presiding officer shall designate one of the hearing judges as the recorder. Before a hearing begins, the recorder shall ascertain whether the participants of the hearing are present and declare the hearing discipline. A written record of the hearing shall be prepared and filed after being signed and confirmed by the applicant and the hearing judges.
A hearing shall be conducted in the following procedures:
（i）The investigator states the facts, evidence and punishment basis of the students' violations of discipline;
（ii）The applicant or the entrusted agents makes a statement and defends, and provides relevant evidence and witnesses;
（iii）The hearing judges inquire and cross-examine the investigator and the applicant or the entrusted agents and witnesses;
（iv）The investigator and the applicant debate.
（v）The hearing judges make comments on the circumstances of the hearing and form hearing review opinions.
Article 23 After the hearing procedure is adopted to review, the Student Appeal Committee shall convene a special meeting on student appeal review, and based on the hearing review opinions, carry out review discussion for the appeal lodged by the complainant and make a review conclusion.
Article 24 The special meeting on student appeal review held by the Student Appeal Committee shall be attended by more than two-thirds of the members of the Student Appeal Committee and the appeal review conclusion shall be deemed valid only after being accepted by more than half （excluding the half）of the participants.
Article 25 According to the review conclusion, the Student Appeal Committee shall make the following decisions and prepare the corresponding appeal review decision according to different situations:
（i）If the original treatment is considered to have clear facts, conclusive evidence, correct application basis, legal procedures, qualitative accuracy and appropriate punishment after the review, a decision shall be made to maintain the original treatment decision.
（ii）If the original treatment decision is considered to have one of the following circumstances after the review, the Student Appeal Committee may make a review opinion of withdraw or change recommendation and request relevant functional departments to conduct research and resubmit to the Principal's Office Meeting or the special meeting to make a decision:
Unclear facts and insufficient evidence;
Wrong application basis;
Incorrect handling procedures.
Article 26 The Student Appeal Committee shall, within the prescribed time limit, deliver the review decision directly to the student himself; if the student refuses to sign, it may be delivered by means of a lien, but 1 teacher representative and 2 student representatives shall be invited to be present to witness, and the deliver and witnesses shall sign on the punishment delivery letter; if the student has left the university, it shall be delivered by mail; if the student is difficult to contact with, it shall be delivered by means of a 7 day's public notice on the university website and shall be deemed to be delivered upon the expiration.
Article 27 Students who have objections to the review decision may, within 15 days from the date of receiving the university's review decision, file a written appeal to the provincial educational administrative department of the place where the university is located.
Article 28 The complainant may withdraw his/her appeal before the Student Appeal Committee has made an appeal handling decision. A request for withdrawal of an appeal shall be made in writing. After withdrawal of an appeal, the complainant shall not re-appeal on the same facts and grounds.
第五章 附 则
Chapter V Supplementary Provisions
Article 29 Appeals of students receiving higher continuing education, students from Hong Kong, Macao and Taiwan, and international students shall be handled according to the Measures.
Article 30 The Measures was discussed and approved in the 5th Principal's Office Meeting of the Southwest Petroleum University in 2017 on July 20, 2017, and has been effective since September 1, 2017.
Article 31 The Measures shall be interpreted by the Office of the Student Appeal Committee of the Southwest Petroleum University.