On September 23, the issue of “three students from Fudan University who were expelled from school for whoring outside the school” aroused the attention of Chinese netizens.
According to the students of the school, the disciplinary decision of the expulsion of the three students involved was also publicized in the school in the form of real names. On September 24, the policy of Fudan University responded to this matter to the reporter, stating that the decision to deal with it was made by the school’s security office and was reviewed and approved by the president’s office meeting. Moreover, the scope of the punishment announcement is only in the school, and it is not published on the Internet, “it can serve as a warning to other students.”
Real name publicity, 3 doctoral and master students were expelled for having sex with prostitutes
The disciplinary decision written on the Internet shows that: Chen, a 2019-level doctoral student at Fudan University, was “administratively detained for three days” by the Huangpu Branch of the Shanghai Public Security Bureau on September 26, 2020, for having sex with prostitute outside the school; Li, a 2019-level graduate student, On September 7, 2020, he was “administrative detention” by Minhang Branch of Shanghai Public Security Bureau on September 7, 2020; Ge, a graduate student of the 2020 grade, went on whoring off campus on January 13, 2021, and was taken by Jiading Branch of Shanghai Public Security Bureau “A fine of five thousand yuan in administrative detention for ten days.” In accordance with Article 40 of the Regulations on Disciplinary Actions for Students of Fudan University, the school decided to expel the above three students after deliberation at the president’s office meeting on September 6, 2021.
It is worth noting that the above-mentioned three disciplinary decisions are publicly posted in the school’s public notice column in the form of real names.
After searching the official website of Fudan University, the reporter found that Article 40 of the “Regulations on Disciplinary Actions for Students of Fudan University” clearly stipulates: prostitution, whoring, or organization, coercion, inducement, accommodation, or introduction of others for whoring shall be expelled from school. In addition, in accordance with Article 54 (3) of the “Regulations on the Management of Students in Regular Colleges and Universities,” Article 54 (3): Violation of the public security management regulations is punished, and the school may be expelled from school if it is of a bad nature.
Lawyer: Real-name publicity is suspected of leaking personal privacy
Many Chinese netizens questioned the school’s practice of expelling students and publicizing them. Some people think that the school’s handling in accordance with the regulations is understandable, but it is a bit inappropriate to publish personal information such as the names and student numbers of the students involved.
In this regard, lawyer Zhao Jianli of Beijing Zhongming Law Firm stated that this involves the protection of personality rights and privacy rights. The school will publicly announce the decision to expel students due to whoring, or the school has not followed the “Regulations on the Management of Students in Ordinary Colleges and Universities”. The expulsion decision shall be served in order, and it is indeed inappropriate that it cannot be served by public announcement.
Lawyer Zhao Jianli stated that Article 55 of the Ministry of Education’s Regulations on the Management of Students in General Higher Education Institutions stipulates that: handling, sanction decisions, and sanction notices shall be served directly to the student. If the student refuses to sign for the receipt, it may be served by lien. Those who have left school can be served by mail; for those who are difficult to contact, they can be served by public announcement through the school’s website, news media, etc. “This regulation clearly stipulates the method of delivery. If the school fails to take corresponding steps in order to deliver the note, the practice of publicly posting an announcement to the public violates students’ right to privacy.”
“According to the law, the school shall keep confidential the personal privacy and personal information of students who are known in the process of performing its duties, and shall not disclose or illegally provide it to others. The school’s behavior infringes on the privacy of students.” Attorney Zhao Jianli said, According to the relevant provisions of the Civil Code, natural persons enjoy the rights of name, portrait, reputation, and privacy. Their personal information is also protected by law. Any organization or individual who needs to obtain the personal information of others shall obtain and ensure the security of the information in accordance with the law, and shall not illegally collect, use, process or transmit the personal information of others, and shall not illegally trade, provide or disclose the personal information of others.
The rule of law commentator Tan Mintao believes that whoring violated the Law on Public Security Management Punishment, and Fudan University’s expulsion of it is also in line with relevant regulations. However, the announcement of the sanctions against students for whoring is suspected of leaking the privacy of students. “Schools cannot ignore the protection of students’ privacy rights just because whoring is illegal. Illegal activities and the protection of privacy rights cannot be offset.”
Tan Mintao told the reporter that in accordance with the relevant provisions of the “Public Security Administration Punishment Law of the People’s Republic of China,” public security organs and the people’s police should keep confidential the state secrets, business secrets or personal privacy involved when handling public security cases. In addition, the “Public Security Organs’ Law Enforcement Disclosure Regulations” also stated that public security organs must not disclose law enforcement information involving commercial secrets and personal privacy to citizens, legal persons, or other organizations other than right holders.
Therefore, Tan Mintao said that although it’s not known how the school learned about the student’s whoring, even if the student was detained for whoring, the school should consider the student’s personal privacy when making a punishment decision on the student, and this should be kept confidential. The school’s disciplinary decision can be delivered to the student, but it is suspected of leaking the student’s personal privacy to the public.”
On September 24, the reporter called Fudan University on this matter. A staff member of the Office of Fudan University stated that the scope of the punishment announcement is only within the school and is not published on the Internet. It “can serve as a warning to other students.” The relevant staff of the Graduate Work Department of the school party committee told the reporter that the decision was made. It is made by the school’s security office and approved by the principal’s office meeting. Later, the reporter contacted the school’s security office, but was told that he needed to send a letter to interview. Source