Share to: Welcome to post comments. On the day when the campus notice was posted, according to the "Regulations on Disciplinary Punishments for Students of Zhengzhou Aviation Industry Management College", Xiaozhang received the punishment of expulsion. Afterwards, Xiaozhang filed an appeal to the college and then to the Provincial Department of Education, but the result did not change.
[Debate]
Yesterday, the Erqi District Court of Zhengzhou informed the media that the court believed the school's punishment was too severe. A first-instance judgment has been made: Defendant Zhengzhou Aviation Industry Management College shall restore the plaintiff's student status within 10 days.
[Reporter Han Jingwei, Correspondent Li Xiaoli]
[Playback]
University student Xiaozhang (pseudonym) used an "electronic eraser" to cheat during the University English Level Four Exam and was expelled from school. Feeling that the school's punishment was too severe, Xiaozhang successively appealed to his alma mater and the Department of Education. After the appeal failed, Xiaozhang sued his alma mater in court.
Defendant Zhengzhou Aviation Industry Management College argued: Xiaozhang cheated in the exam using an "electronic eraser" receiving device, a fact that is clear. The Ministry of Education and the college's rules and regulations both specify that using an electronic receiving device during exams results in expulsion. The basis for punishment is explicit. The college believes that the decision to expel Xiaozhang followed legal procedures, and the court should legally dismiss the plaintiff's lawsuit request.
The school must restore the student’s enrollment within 10 days.
Xiaozhang believed that although he held cheating tools during the exam, he did not actually use them, which constitutes an attempted but unsuccessful cheating incident. Being a first-time offender, he later admitted his mistake and showed repentance. Considering the behavior and fault comprehensively, appropriate punishment should be given. The defendant, Zhengzhou Aviation Industry Management College, imposed the strictest expulsion punishment, which was too severe and unfair, and severely violated legal procedures in making the specific administrative action. The involved penalty decision was made on June 22, 2011, while the plaintiff received it on June 28, 2011. On the day of cheating, June 18, 2011, the defendant had already announced the expulsion of the plaintiff. The defendant had the result before the procedure, violating relevant regulations. Hence, litigation was initiated, requesting the lawful revocation of the defendant's punishment.
In November 2011, Xiaozhang filed an administrative lawsuit with the court, requiring the college to revoke the decision to expel him.
[Judgment]
Cheating in exams led to expulsion; appeal failed, so he sued his alma mater.
The court believed: During the exam, the plaintiff carried an eraser-like receiver into the examination room, violating examination discipline. Moreover, during the exam, the eraser-like receiver displayed related English content, so it can be determined that Xiaozhang cheated in the exam.
On June 18, 2011, the national university-level four English exam took place. To pass smoothly, Xiaozhang bought an electronic eraser information transmission tool. However, in the exam room, he was caught red-handed by the invigilator.
Believing himself to be a first-time offender, he requested the school to restore his student status.
Therefore, the plaintiff should receive a punishment commensurate with his fault to achieve educational purposes. Now, the defendant imposes the punishment of expulsion on Xiaozhang, which is too heavy. Moreover, during the trial of this case, the defendant, Zhengzhou Aviation Industry Management College, did not submit any evidence related to the "punishment decision" being decided at a president's meeting beforehand. Therefore, the procedure of making the "punishment decision" was illegal and should be lawfully revoked. Thus, the court made the above judgment.
The "Regulations on Student Management of Ordinary Higher Education Institutions" issued by the Ministry of Education on September 1, 2005, stipulates in Article 25 that for students who violate laws, regulations, or discipline, schools should provide criticism education or disciplinary punishments. The disciplinary punishments given by the school should be commensurate with the nature of the student's illegal, rule-breaking, or disciplinary violations and the severity of their faults.
Court first-instance judgment:
Defendant Zhengzhou Aviation Industry Management College shall restore the plaintiff's student status within 10 days.