中國大陸學生權益救濟法制之研究：北京大學撤銷于艷茹博士學位案例評析

<p>近年來高校學生因學校對其違紀違規處理過當或者不能接受相應的處分結果，將母校告上法庭的案件時有發生。學生認為學校的處理結果嚴重的侵害到其受教育權或其他基本權利。這種現象一方面是高校學生的自我保護的法律意識不斷地提升，另一方面也反映出高校在處理學生違規行為時學生權利救濟程序存在著不合法之處。學位不僅僅是學術水準的象徵，而且是獲得相應的經濟地位和社會地位的前提條件。在高校作出學位撤銷的決定時，必須要同時兼顧實體公正和程序正當，既要達到維護學術價值和學術倫理，又要充分保護學生的合法權益。尤其是學位撤銷會給當事人帶來的負面影響是極其重大的，除了直接會影響到當事人名譽權、隱私權和工作權，乃至於當事人的人格尊嚴等。這種會造成當事人嚴重後果的行為，必須要完善救濟的途徑。目前因為學位撤銷而引起的糾紛已經納入到司法審查的範圍，不過，因為關係到高校的「學術自由」，法院對學位撤銷糾紛進行審理時，一般僅會審查高校在學位撤銷過程中是否遵循正當程序原則，至於實質性學術不端問題，法院一般不會進行審查。本文以北京大學撤銷于艷茹博士學位案為例，分析學位撤銷存在的爭點，企盼更全面認識中國大陸學生權益救濟法制。</p> <p>&nbsp;</p><p>In recent years, college students often take their alma mater to court because they have been punished or can not accept the corresponding punishment. Students think that the results of the school seriously infringe on their right to education or other basic rights. On the one hand, the legal consciousness of College Students’ self-protection is constantly improving, on the other hand, it also reflects the illegality of the student rights relief procedure in dealing with students’ violations. degree is not only a symbol of academic level, but also a prerequisite for obtaining corresponding economic and social status. When colleges and universities make the decision to cancel their degrees, they must take into account both substantive justice and procedural justice, not only to maintain academic value and academic ethics, but also to fully protect the legitimate rights and interests of students. In particular, the negative impact of degree revocation on the parties is extremely significant, in addition to directly affecting the party’s right to reputation, privacy and work, and even the party’s personal dignity. This kind of behavior will cause serious consequences of the parties, we must improve the way of relief. At present, the disputes caused by the revocation of degree have been included in the scope of judicial review. However, because it is related to the &quot;academic freedom&quot; of colleges and universities, when the court tries the dispute of revocation of degree, it generally only examines whether colleges and universities follow the principle of due process in the process of revocation of degree. As for the substantive academic misconduct, the court generally does not review it. Taking the case of the Yu Yanru’s doctorate degree from Peking University as an example, this paper analyzes the dispute points of degree withdrawal and hopes to have a better understanding of the legal system of student rights relief in Chinese mainland.</p> <p>&nbsp;</p>

Sex Discrimination in Schools: The Law and Its Impact on School Policies

The law has the potential to influence school policy in the United States. Specifically, statutes, constitutional provisions, and the outcomes of court cases can impact the civil rights of students, which, in turn, can presumably lead to policies that prohibit discriminatory practices. For example, Congress has enacted federal laws (statutes) that prohibit discrimination based on race, sex, and disability; these laws arguably impact school practice. After setting the legal context, through an analysis of statutes, constitutional provisions and case law, this article examines how law has the potential to influence education policy related to sex discrimination. In doing so, a few illustrative cases related to sexual harassment, single-sex programs, pregnant and parenting teens, dress codes, transgender student rights, and athletics are discussed to provide examples about how case outcomes may help create more equitable school environments.

Sistem Pendukung Keputusan Menentukan Kualitas Kinerja Dosen Selama Kuliah Online Menggunakan Promethee II

Lecturer performance is a quality of self that is given entirely to fulfill the responsibilities of a teacher in a tertiary institution, towards students or students in fulfilling student rights, the importance of knowing that the quality of lecturer performance will affect the level of student learning desire, especially during the Covid-19 pandemic, lecturer performance considered capable of improving the learning process that must be done online, online learning often results in a lack of communication between lecturers and students. Accumulation was carried out on a decision support system to see each of the lecturers 'performance qualities at STMIK Widya Cipta Dharma during online lectures using the Promethee II method, the results displayed were the highest score of "4.208625" indicating a high percentage of achievement of lecturers' performance previously had calculations are carried out based on predetermined criteria, namely lecturer discipline, teaching time, material presentation, academic position, suitability of teaching using the syllabus

Senior Teachers’ Learning About Student Rights

The study explores the rights consciousness of senior teachers who participated in a student rights professional development (PD) course and designed educational projects during the course. It analyzes teachers’ perceptions of students’ rights and the influence of the PD and other factors on these perceptions. The data included interviews with 17 teachers and an analysis of their projects. One cluster of teachers held a top-down perception of students’ rights, conveying a contrastive approach to rights reflecting students’ autonomy. The second cluster of teachers held a broader perception, which included bottom-up mobilization of students’ free speech and participation rights, conveying a supportive approach to these rights. The teachers’ projects did not reflect these patterns, limiting their focus to rights already embedded in school. Furthermore, the teachers did not report their learning experience as transformative. Rather, they applied their newly acquired knowledge and thinking frameworks to support their existing moral perceptions and practices.

中國大陸學生權益救濟法制之研究：北京大學撤銷于艷茹博士學位案例評析

<p>近年來高校學生因學校對其違紀違規處理過當或者不能接受相應的處分結果，將母校告上法庭的案件時有發生。學生認為學校的處理結果嚴重的侵害到其受教育權或其他基本權利。這種現象一方面是高校學生的自我保護的法律意識不斷地提升，另一方面也反映出高校在處理學生違規行為時學生權利救濟程序存在著不合法之處。學位不僅僅是學術水準的象徵，而且是獲得相應的經濟地位和社會地位的前提條件。在高校作出學位撤銷的決定時，必須要同時兼顧實體公正和程序正當，既要達到維護學術價值和學術倫理，又要充分保護學生的合法權益。尤其是學位撤銷會給當事人帶來的負面影響是極其重大的，除了直接會影響到當事人名譽權、隱私權和工作權，乃至於當事人的人格尊嚴等。這種會造成當事人嚴重後果的行為，必須要完善救濟的途徑。目前因為學位撤銷而引起的糾紛已經納入到司法審查的範圍，不過，因為關係到高校的「學術自由」，法院對學位撤銷糾紛進行審理時，一般僅會審查高校在學位撤銷過程中是否遵循正當程序原則，至於實質性學術不端問題，法院一般不會進行審查。本文以北京大學撤銷于艷茹博士學位案為例，分析學位撤銷存在的爭點，企盼更全面認識中國大陸學生權益救濟法制。</p> <p>&nbsp;</p><p>In recent years, college students often take their alma mater to court because they have been punished or can not accept the corresponding punishment. Students think that the results of the school seriously infringe on their right to education or other basic rights. On the one hand, the legal consciousness of College Students’ self-protection is constantly improving, on the other hand, it also reflects the illegality of the student rights relief procedure in dealing with students’ violations. degree is not only a symbol of academic level, but also a prerequisite for obtaining corresponding economic and social status. When colleges and universities make the decision to cancel their degrees, they must take into account both substantive justice and procedural justice, not only to maintain academic value and academic ethics, but also to fully protect the legitimate rights and interests of students. In particular, the negative impact of degree revocation on the parties is extremely significant, in addition to directly affecting the party’s right to reputation, privacy and work, and even the party’s personal dignity. This kind of behavior will cause serious consequences of the parties, we must improve the way of relief. At present, the disputes caused by the revocation of degree have been included in the scope of judicial review. However, because it is related to the &quot;academic freedom&quot; of colleges and universities, when the court tries the dispute of revocation of degree, it generally only examines whether colleges and universities follow the principle of due process in the process of revocation of degree. As for the substantive academic misconduct, the court generally does not review it. Taking the case of the Yu Yanru’s doctorate degree from Peking University as an example, this paper analyzes the dispute points of degree withdrawal and hopes to have a better understanding of the legal system of student rights relief in Chinese mainland.</p> <p>&nbsp;</p>

Advocating Minority Religious Student Rights in Schools

AbtractThis paper aimed to describe the existence of governmental regulation towards minority groups, especially towards minority religious students at schools in Indonesia. The research was a multi-cases study in any region, among which were: Ambon Moluccas, Denpasar Bali, Jakarta, Bekasi West Java, Manado North Sulawesi, Ende, and Pangkalpinang. The data dug from various informants such as religious education teachers at schools, parents, students, head schools, headboards of the school committee, as well as any relevant documents. The research findings showed that any public schools ruled by a religious organization, such as Islamic based religious organizations, Christian based religious organizations, and Catholic-based religious organizations, were not allowing and denied to serve minority religious students. Meanwhile, the public schools ruled by government tried to fulfill the religious education in accordance with the student religious and by the same religious teachers as the student religion. AbstrakTulisan ini membahas eksistensi kebijakan pemerintah terhadap kelompok minoritas, khususnya layanan pendidikan agama terhadap pelajar penganut agama minoritas pada sekolah di Indonesia. Penelitian ini merupakan studi kasus di beberapa daerah antara lain: Maluku, Denpasar, Jakarta, Bekasi, Manado, Ende, dan Pangkalpinang. Data digali dari berbagai informan seperti guru pendidikan agama di sekolah, orang tua siswa, peserta didik, kepala sekolah, komite sekolah, serta dokumen kebijakan pemerintah tentang layanan Pendidikan agama kepada peserta didik. Hasil penelitian menunjukkan bahwa hak peserta didik untuk memperoleh layanan pendidikan agama dan diajarkan oleh guru agama yang sama dengan agama siswa, sudah dilindungi oleh pemerintah melalui berbagai kebijakan. Pada sekolah umum berstatus swasta yang dikelola oleh organisasi keagamaan, tidak mengizinkan dan menolak melayani siswa agama minoritas. Sementara itu, sekolah negeri yang diatur oleh pemerintah berusaha untuk menyelenggarakan pendidikan agama sesuai dengan agama siswanya dan oleh guru yang sama dengan agama siswanya.

“Murdered Mozarts.” narrative of a previous malian student generation in the era of the crumbling state

After the coup d’état in 2012, the Malian state experienced progressive decomposition in terms of loss of territorial integrity as well as in the functioning of its institutions. Against this backdrop, this article examines life histories of a former student generation whose members were actively involved in the protest movement of 1980. At the time they fought for student rights and democratization under a military junta, but were not able to induce the desired change. Today they portray themselves as committed patriots for whom the state serves as an ongoing point of reference in their identity constructions. Bringing together higher education, protest movement and state decline, I argue that their narratives not only reveal how damaged identities and political visions are narratively repaired, but also, on a symbolic level, their damaged country as well.

Education in Virtual Environments

The bricks-and-mortar schools contemplated by American education law and regulation are discrete, bureaucratic institutions, where children interact in person with one another, and with adults who supervise them, inside fixed physical borders at fixed times. Their governance is likewise defined geographically. Virtual schooling, by contrast, is untethered from geography, is ubiquitously asynchronous, and involves the interaction of machine representations of people rather than of people themselves. Virtuality privileges the consumer over the bureaucrat, encourages the disaggregation and recombination of educational components on a bespoke basis, and brings different economies of scale and competitive features to the educational marketplace. The education law we have—the law of the traditional, embodied school—fits virtual technology poorly in critical respects. Virtuality demands fundamentally new legal approaches to areas as diverse as curriculum, attendance, student health and safety, privacy, parental responsibility, disability, student rights, discipline, governance, and equity. Responding to these demands provides occasion to see the law afresh, to reassess and redirect, to align principle and practice more closely, and ultimately to transform educational regulation in the service of equity and learning. This is an opportunity of a kind that has not presented itself since the beginning of the Progressive Era.

Innovation

This chapter introduces the concept of civic innovation, which is distinct from the more commonly understood market innovation. Instead of moving quickly and disrupting markets through the introduction of novelties, civic innovators use novelties to change organizational cultures, and build publics around common cause. The chapter introduces four primary activities of civic innovation: network building, holding space, distributing ownership and persistent input. Drawing on two case studies, the Chicago Police Data Project and the Boston Student Rights App, the chapter shows how people are putting these activities into practice and reshaping how innovation happens. The chapter reviews popular conceptualizations of innovation, especially as they emerge from Silicon Valley, and describes why innovating in a civic context comes with different demands.

High-school student councils: A typological approach

The objective of this study was to identify the various types of student councils based on their areas of interest. The study population included 100 school principals or deputy principals, in junior high schools or high schools, who filled in questionnaires to map student councils. The analysis yielded 89 student-council profiles, with two variables—community volunteering and student rights—forming the basis for the other variables, and thus for the four types derived: integrative, voluntary, rights, and dim. The ‘Discussion’ section describes an attempt to understand the uniqueness of these two variables and their interrelations.