法規內容

下載法規原始檔

 

國立成功大學學生申訴評議委員會設置與申訴處理辦法

86.04.16 85學年度第四次校務會議通過

Approved by the 4th meeting of the University Affairs Council in the 1996-97 academic year on April 16, 1997

90.11.14 90學年度第一次校務會議延會修訂通過

Amended by the 1st meeting of the University Affairs Council in the 2001-02 academic year on Nov. 14, 2001

91.03.20 90學年度第二次校務會議修訂通過

Amended by the 2nd meeting of the University Affairs Council in the 2001-02 academic year on March 20, 2002

91.12.25 91學年度第二次校務會議修訂通過

Amended by the 2nd meeting of the University Affairs Council in the 2002-03 academic year on Dec. 25, 2002

92.02.25 教育部台訓(一)字第0920024104號函核定

Ratified by the Ministry of Education on Feb. 25, 2003, as written in its official letter coded as

Tai-Xun (I) Zi, No. 0920024104

94.04.27 93學年度第四次校務會議通過

Amended by the 4th meeting of the University Affairs Council in the 2004-05 academic year on April 27, 2005

94.06.22 93學年度第五次校務會議通過

Amended by the 5th meeting of the University Affairs Council in the 2004-05 academic year on June 22, 2005

94.07.15 教育部台訓(二)字第0940096627號函核定

Ratified by the Ministry of Education on July 15, 2005, as written in its official letter coded as

Tai-Xun (II) Zi, No. 0940096627

95.06.21 94學年度第五次校務會議修訂通過

Amended by the 5th meeting of the University Affairs Council in the 2005-06 academic year on June 21, 2006

95.11.01 95學年度第一次校務會議延會修訂通過

Amended by the 1st meeting of the University Affairs Council in the 2006-07 academic year on Nov. 1, 2006

95.12.18 教育部台訓(二)字第0950187848號函核定

Ratified by the Ministry of Education on Dec. 18, 2006, as written in its official letter coded as

Tai-Xun (II) Zi, No. 0950187848

97.03.26 96學年度第三次校務會議修訂通過

Amended by the 3rd meeting of the University Affairs Council in the 2007-08 academic year on March 26, 2008

97.04.16 教育部台訓(二)字第0970057571號函核定

Ratified by the Ministry of Education on April 16, 2008, as written in its official letter coded as

Tai-Xun (II) Zi, No. 0970057571

97.12.31 97學年度第二次校務會議修訂通過

Amended by the 2nd meeting of the University Affairs Council in the 2008-09 academic year on Dec. 31, 2008

98.01.20 教育部台訓(二)字第0980009274號函核定

Ratified by the Ministry of Education on Jan. 20, 2009, as written in its official letter coded as

Tai-Xun (II) Zi, No. 0980009274

98.04.22 97學年度第三次校務會議修訂通過

Amended by the 3rd meeting of the University Affairs Council in the 2008-09 academic year on April 22, 2009

98.05.12 教育部台訓(二)字第09800078630號函核定

Ratified by the Ministry of Education on May 12, 2009, as written in its official letter coded as

Tai-Xun (II) Zi, No. 09800078630

100.10.26 100學年度第一次校務會議修訂通過

Amended by the 1st meeting of the University Affairs Council in the 2011-12 academic year on Oct. 26, 2011

100.12.28 100學年度第二次校務會議修訂通過

Amended by the 2nd meeting of the University Affairs Council in the 2011-12 academic year on Dec. 28, 2011

101.02.01 教育部臺訓(一)字第1010013662號函核定

Ratified by the Ministry of Education on Feb. 1, 2012, as written in its official letter coded as

Tai-Xun (II) Zi, No. 1010013662

106.10.25 106學年度第一次校務會議修訂通過

Amended by the 1st meeting of the University Affairs Council in the 2017-18 academic year on Oct. 25, 2017

107.01.29教育部臺教學(二)字第1070005761號函核定

Ratified by the Ministry of Education on Jan. 29, 2018, as written in its official letter coded as

Tai-Jiao-Xue (II) Zi, No. 1070005761

第一條  本辦法依據大學法第三十三條第四項暨本校組織規程第二十四條定之。

Article 1 These Regulations are formulated in accordance with Article 24 of the NCKU Organizational Regulations (the Constitution of National Cheng Kung University), as is prescribed by the fourth paragraph in Article 33 of the University Act.

 

第二條  本校為公平、公正處理學生在校學習、生活上之有關事項,並確保學生權益,特設置學生申訴評議委員會(以下簡稱本會)。

Article 2 The Student Appeals Review Committee (hereinafter the Committee) is established to deal impartially with any student appeals to safeguard the rights and interests of students living and studying on the campus of NCKU.

 

第三條  申訴主體:

一、 學生、學生會及其他相關學生自治組織(以下簡稱申訴人)對於學校之處分(含懲處、其他措施或決議,以下簡稱處分),認為違法或不當,致損其權益,得向本會提出申訴。

二、 前款所稱學生,指對其處分時,具本校學籍者。

Article 3 Appellant Eligibility:

    1.  Any individual student or any self-ruling student organization (hereinafter the appellant) that disagrees with a school resolution, including a penalty, administrative measure or resolution (hereinafter the resolution), on the grounds that it violates the rights and interests of students shall file an appeal with the Committee.

    2.  The term student in this article refers to an individual with student status at the time when a relevant school resolution is made.

 

第四條  組織: 

一、本會置委員十八至二十人,均為無給職,由大學部學生代表三人、研究所學生代表三人,各學院、法律系、教育所及心理系推薦助理教授以上之專任教師一人,另得由教師會推薦教師代表一人及本校聘請之校外法律專業人士一人擔任委員;其中未兼行政職務之教師代表不得少於總額二分之一,擔任學生獎懲委員會之委員,不得擔任本會委員,任一性別委員應占委員總數三分之一以上。另本校得聘請醫師、法學、社會學、心理學之專業人士擔任諮詢委員。

二、學生代表於每學年開始前一個月內,依本校「各級會議學生代表遴選委員會設置辦法」推選產生大學部及研究所代表各三人,報學生事務處備查。

三、本會之會議,由學生事務長擔任臨時召集人,主席由委員互選之。本會行政業務,由學生事務處生活輔導組承辦之。臨時召集人因故不克出席時,得請所屬相關主管代理之。

四、本會開會應有委員二分之一以上出席,評議決定須經出席委員三分之二以上同意後行之。出席委員與實際參與議案表決人數不一致時,以實際參與議案表決之人數為準。

五、 本會於收到申訴書時,必要時得由學生事務長邀請具法律或相關背景之教師委員二人及學生委員一人共三人,組成預審小組,召開預審會議。

    預審會議得審查下列事項:

    一、審查申訴之提起是否符合本辦法規定。

    二、確認申訴爭議標的、事實及理由。

    三、通知列席評議會議之關係人選。

    四、請原處分單位,必要時連同關係人,答復申訴之內容。

    五、安排準備評議之其他相關事項。

預審會議所為之預審事項,應列明書面紀錄且陳報本會,並得交由學生事務處生活輔導組承辦其中所列相關事項。

六、 本會委員或諮詢委員,均陳報校長聘任之,任期一年,得連任之。

Article 4 Organization of the Committee:

1. The Committee consists of 18 to 20 unpaid members, including three undergraduate student representatives, three graduate student representatives, one full-time faculty member (assistant professor or above) from each college, three full-time faculty members (assistant professor or above) with each recommended by the Department of Law, the Graduate Institute of Education and the Department of Psychology, one representative from the NCKU Teachers Association, and one professional representative specializing in law appointed externally. A minimum of half of the faculty members shall be non-administrators; a member of the Student Rewards and Disciplinary Committee is not eligible to be a member of the Committee; and no more than two-thirds of the members can be from either gender. Meanwhile, the University shall appoint as consultants a number of professionals specializing in medicine, law, social science and psychology.

2. The roster of student representatives, three undergraduate students and three graduate students elected according to NCKU Regulations for the Establishment of the Committee for the Election of Student Representatives to Meetings at Different Levels, shall be determined and submitted to the Office of Student Affairs within one month before an academic year begins.

3. The Vice President for Student Affairs serves as a tentative convener to call a committee meeting, which will be officially presided over by a chair elected among the Committee members. Any affairs concerning the administration of the Committee shall be managed by the Student Assistance Division. If the tentative convener cannot make it to a committee meeting, he/she should designate a subordinate administrator to act in his/her place.

4. A meeting of the Committee shall not commence without a quorum of half of its members. A resolution shall not be reached without the consent of more than two-thirds of the members in attendance. The final action on a resolution will be determined by a majority vote of the voting members.

5. Upon receipt of an appeal, the Committee shall entitle the Vice President for Student Affairs, whenever necessary, to invite two faculty representative and one student representative in the field of law or with the related background to form a preliminary review panel and call a preliminary review meeting. The panel shall function as follows:

(1) To review if the appeal is filed in accordance with the NCKU Directions for

Student Rewards and Penalties.

(2) To confirm the purpose, facts and reasons cited for the appeal.

(3) To notify the parties concerned of meeting attendance.

(4) To invite the responsible office and, if necessary, the parties concerned to report the contents of the appeal.

(5) To make necessary preparations for a Committee meeting scheduled for the appeal.

  The minutes of a preliminary review committee shall be submitted to the Committee, and the Student Assistance Division under the Office of Student Affairs shall administer the related affairs to facilitate a Committee meeting scheduled for the appeal.    

     6. Every member or consultant of the Committee is appointed by the President of the University to serve a term of one year, after which they may be reappointed.

 

第五條  申訴及處理程序:

一、 申訴人(學生會及其他相關學生自治組織應經其組織內部之最高行政會議決議後提出)之申訴應於知悉處分之次日起十日內以書面向本會提出申訴,逾期學校不予受理;申訴人因不可抗力致逾期限者,於其原因消滅後十日內,得以書面向本會聲明理由請求許可。

二、 申訴案件申請書(簡稱申訴書)應以中文書寫與簽名蓋章,記載申訴人姓名、學號、系級、住址、申訴之事實及理由,希望獲得之補救,並檢附有關之文件及證據交由生活輔導組處理。若申訴書不合規定,經通知未於期限內補正者,得以書面通知不受理或不予評議。

三、 本會就書面資料評議,會議不公開舉行,得通知申訴人、原處分單位之代表及關係人到會說明。如其逾越申訴範圍,應以書面駁回,並建議處理方式,且於處理特殊案件時,得經本會決議,組成調查小組調查之。

四、 本會收件後,除有應不受理或停止評議情形,逕行通知申訴人及原處分單位外,應於三十日內完成評議,必要時得予延長,並通知申訴人,延長以一次為限,最長不得逾期二個月,但涉及退學、開除學籍或類此處分之申訴不得延長。申訴人向學校提起申訴,同一案件以一次為原則,撤回亦同。

五、 申訴人於本會評議決定書(簡稱評議書)送達前,得撤回申訴。原處分單位應於知悉申訴案時重行審查原處分是否合法妥當,其認申訴為有理由者,得自行撤銷或變更原處分,並通知申訴人與本會。

六、 (一)申訴程序中,申訴人或其他關係人,就申訴事件或其他牽連之事項,提出訴願或訴訟者,應即以書面通知學校,由學校轉知本會。

(二)本會依前目通知或依職權知前目情事時,應停止評議,並通知申訴人;俟停止原因消滅後,經申訴人書面請求,應繼續評議,並以書面通知申訴人。申訴案件全部或一部之評議決定,以訴願或訴訟之法律關係是否成立為據者,本會於訴願或訴訟程序終結前,應停止評議,並以書面通知申訴人;於停止原因消滅後,應繼續評議,並以書面通知申訴人。

(三)退學、開除學籍或類此處分之申訴案件,不適用前二目規定

七、 退學、開除學籍或類此處分之申訴,學校於評議決定未確定前,學生得向學校提出繼續在校肄業之書面請求。學校接到上項請求後,應徵詢本會之意見,並衡酌該生生活,學習狀況於七日內書面答覆,並載明學籍相關之權利與義務。

八、 依前款申訴經學校同意在校肄業者,學校不得授給畢業證書外,其他修課、成績考核、獎懲得比照在校生處理。

九、 除第四款與第五款規定外,本會應對申訴案件提出討論並經評議,決議後擬定評議書由主席署名。本會之評議及表決,委員個別意見,應對外嚴守秘密;涉及學生隱私之申訴案,申訴人之基本資料應予保密。

十、 評議書應包括主文、事實、理由等內容,如有建議補救措施,並應提出具體建議;對於評議不受理之申訴案件亦應作成評議書,惟其內容只列主文和理由。

十一、申訴程序中,評議委員、申訴人、原處分單位或其他關係人,應就申訴之案件採取迴避原則,以免影響本會評議之公正性。

十二、評議書應陳校長核定,並以學校名義送達申訴人及原處分單位。

十三、申訴人因行政處分,經申訴後而不服其決定,學校應附記「如有不服本申訴決定,得於本評議決定書送達次日起三十日內,繕具訴願書,檢附原處分書與評議決定書,經學校原處分單位附具答辯書後送教育部提起訴願」;如因行政處分以外之懲處、其他措施或決議,經提出申訴後而不服其決定,應附記「如有不服本申訴決定,得按其性質依法提起訴訟,請求救濟」。

Article 5 Appeals Procedures:

1. An individual student or a student organization/governing body (with a decision to appeal made by its highest level administrative meeting) is entitled to appeal in a written form to the Committee within ten days of being notified of a school resolution. Usually, a late appeal will not be processed. However, if an appeal is late due to unforeseen or unavoidable circumstances, the appellant is entitled to give an account to make an appeal request to the Committee.

2. An appeal application form shall be written in Chinese, signed and stamped by the appellant. The written appeal should state clearly and specifically the identity of the appellant (name, student number, year of study, and mailing address), the rationale for the appeal and the proposed modification of the original decision. It should be submitted with relevant documents or evidence to the Student Assistance Division. An appeal application which fails to conform to these rules and which has not been completed by the deadline designated by the Student Assistance Division shall not be processed or reviewed, and the applicant will be so notified in writing.

3. The Committee will review the written appeal documents in a closed meeting where the appellant, relevant school officials and parties may be invited to respond. An appeal that is found to be beyond the capacity of the Committee will be rejected in a written statement with a proposed settlement. In special cases, a task force will be formed to conduct a confidential investigation.

4. When an appeal is rejected or will proceed to a full review by the Committee, the appellant and the office concerned should be instantly informed. Upon receipt of an appeal, the Committee should complete its review within 30 days. If necessary, the Committee is entitled to extend its review period once to a maximum of two months, with the appellant informed of this measure. However, the review period for an appeal against a dropout or expulsion from school shall not be extended. In principle, an individual student or a student organization/governing body is entitled to only one appeal for a single case.

5. An appellant may withdraw his/her appeal before the Committee reaches its review resolution and submits its review report. When informed of an appeal, the office concerned should have its original resolution reviewed to see if the appeal is justifiable. Accordingly, the office may cancel or modify its resolution, with the appellant and the Committee duly informed.

6. (1) Should a petition or lawsuit (civil, criminal, or administrative) occur in the course of an appeal, be it filed by the appellant, the office concerned or any other party involved, the University and the Committee should be instantly informed in a written notice.

   (2) Upon receipt of the notice, the Committee should cease to review the appeal case. At the request of the appellant after the end of the petition or lawsuit, the Committee shall continue to review the appeal and send a written notice to the appellant.

Should there be any resolution based partially or wholly on the results the ongoing petition or lawsuit, the Committee shall cease to review the appeal case and send a written notice to the appellant.

After the end of the petition or lawsuit, the Committee shall continue to review the appeal case and send a written notice to the appellant.

(3) An appeal against an order of dropout or expulsion from school is not subject to this regulation.

      7. Before the review of the Committee on an appeal against an order of dropout or expulsion from school is finalized, the student concerned is entitled to make a written request to maintain matriculation in order to continue to study incomplete courses at school. Upon receipt of the request, the school shall consult the Committee with an assessment on the living and study status of the student, and make a written reply specifying the rights and obligations of the student within seven days.

      8. A student receiving approval from the school upon an appeal for continued study of the incomplete courses shall not be granted a diploma, but shall be treated academically (with regard to grades) and administratively (with regard to rewards and penalties) as an enrolled student.

9. The Committee will have an appeal case addressed, discussed and reviewed in a meeting whose review report should be signed by the chair. The minutes of the meeting concerning individual opinions, reviews and voting records shall be kept confidential from the public. The basic information about an appellant in an appeal shall also be kept confidential to ensure individual privacy.

10. A review report shall contain a main body, an account of facts, and a statement of reasons. A remedial measure, if applicable, should be concretely stated. An appeal that is rejected for review by the Committee should be written up in a review report containing a main body and a statement of reasons.

11. Should a conflict of interest arise in the review process among any relevant parties of the Committee meeting, including a Committee member, the appellant, and the office concerned, the principle of interest avoidance shall be adopted to ensure the impartiality of the review.

12. The review report shall be presented to the President for ratification, with the Student Assistance Division communicating the resolution of the Committee by letter to the appellant and the office in charge.

13. When an appeal against a dropout or expulsion from school fails to pass the review of the Committee, the Student Assistance Division shall note in the notification that the appellant who disagrees with the resolution is entitled to appeal to the Ministry of Education with a written petition, complete with a defensive report from the office in charge, within 30 days of the receipt of the notification.

 

第六條  評議效力:

一、 本會之評議決定,如原處分單位或原措施單位認與法規牴觸或事實上窒礙難行者,應於十日內列舉理由依行政程序陳報校長,校長得交付本會再議(以一次為限)。否則,評議書經核定後,學校應依評議決定執行。

二、 退學、開除學籍或類此處分之申訴,經評議確定維持原處分者,依下列規定辦理:

      (一)修業證明書所載修業截止日期以原處分日期為準。

      (二)申訴期間所修習科目學分,得發給學分證明書。

(三)役男『離校學生緩徵原因消滅名冊』於申訴結果確定後三十日內冊報。

(四)退費基準依專科以上學校向學生收取費用辦法第八條及專科以上學校學雜費收取辦法第十五條之規定辦理

三、 訴願及行政訴訟獲救濟之輔導: 

(一)依訴願決定或行政訴訟判決撤銷原退學、開除學籍或類此處分者,其因特殊事故無法及時復學時,本校應輔導其復學;對已入營無法復學之役男,學校應保留其學籍,俟其退伍後,輔導優先復學;復學前之離校期間並得補辦休學。

(二)依訴願決定或行政訴訟判決撤銷原退學、開除學籍或類此處分者,應依本校規定辦理復學程序。

Article 6 Resolution of the Committee:

      1. Should the office in charge consider the resolution of the Committee illegal or infeasible, it should submit, within ten days of receipt of the resolution, a report with a statement of reasons to the President, who is entitled to order a second and final review by the Committee. Otherwise, the University administration shall comply with the resolution of the Committee.

2. An appellant whose verdict of dropout or expulsion is upheld by the Committee shall be academically dealt with as follows:

(1) The certificate of study shall bear the date of the verdict as the final date of study.

(2) A certificate of credits completed during the appeal period shall be issued.

(3) A draftee shall be listed as an outgoing student who is no longer entitled for deferred conscription within 30 days of the resolution of the Committee.

(4) A tuition refund shall be processed in accordance with Articles 8 and 15 of the College Regulations Governing Collection of Tuition Fees.

3. A remedial resolution of reenrollment as a result of a petition or an administrative lawsuit shall be administered as follows:

(1) The University administration shall work within its capacity to help with the reenrollment of an appellant who cannot get reenrolled in time due to a specific incident. In the case of an enlisted draftee, the University administration shall help him to retain his student status, to apply for suspension from study, and to be reenrolled after his discharge from military service.

(2) An appellant receiving approval for reenrollment as a result of a petition or an administrative lawsuit shall follow the university rules to proceed with a reenrollment application.

 

第七條  學生申訴以申訴人受到處分,認為違法或不當,致損其權益為前提,不同於意見反應,故如有第三條第一款以外之意見表達、興革期望或請求事項,應向職權所屬或業務主管之單位反映,以利先行善盡教育與服務義務,期以獲得即時之訊息、支援或輔導,避免無實益之行政爭訟與期待差距。

Article 7 A student appeal is filed under the premise that a disciplinary resolution is considered illegal or improper to the extent that it violates the rights and interests of students, as is specified in Paragraph 1, Article 3. Such appeals are distinct from expressions of opinion concerning school reforms or personal requests, which should be expressed to the administrative authorities, allowing offices concerned to provide timely responses, assistance or consultations within their educational and service capacities, and thus avoiding any unconstructive discussions.

 

第八條  學生申訴制度應列入學生手冊,廣為宣導,使學生了解申訴制度之功能。

學生因校園性侵害、性騷擾或性霸凌事件提起申訴,其屬性別平等教育法第二十八條第二項申請調查之性質者,依性別平等教育法相關規定處理。

Article 8 The student appeal regulations should be written in the student handbook to help students understand them. An appeal involving a sexual offense, harassment or bullying that requires an investigation as defined in the second paragraph of Article 28 of the Gender Equality Education Act shall be processed and resolved in accordance with the Act.

 

第九條  本辦法經校務會議通過,報請教育部核定後實施,修正時亦同。

Article 9 These Regulations shall be approved by the University Affairs Council and ratified by the Ministry of Education before taking effect. Any amendments shall be processed accordingly.

 

The English version was translated from the original Chinese text. In the event of any discrepancy, the Chinese will take precedence.