Student Disciplinary Regulations

Macao Polytechnic Institute
Student Disciplinary Regulations

N.o04R/CG/2019

Article 1
Scope of Application

These regulations apply to all students of Macao Polytechnic Institute (hereinafter referred to as the “Institute”), including the current students and those who have applied to defer their studies.

Article 2
Misconduct

  1. Misconduct refers to the fact that a student of the Institute behaves in a way contrary to the obligations with which he or she should comply.
  2. Misconduct includes:
    (1) serious disruption of teaching, study, research, other academic activities, or the operations of the Institute;
    (2) misuse of the Institute’s facilities, or unauthorised entry into or occupation of the Institute's facilities reserved for particular purposes;
    (3) conduct which is detrimental to the reputation, freedom, safety or privacy of the Institute’s members (students, academic and administrative staff);
    (4) conduct which is detrimental to the Institute’s reputation;
    (5) theft of or intentional damage to the property of the Institute or its members;
    (6) conduct which unreasonably damages the lawful rights of the external units or institutions cooperating with the Institute during the learning activities organised by the Institute, including exchange programmes, field trips and internships;
    (7) falsification or misuse of documents or records of the Institute;
    (8) cheating in assignments, tests or examinations in any manner, or violation of any examination regulations;
    (9) plagiarism in academic works in any manner, or violation of the Institute's guidelines for plagiarism avoidance;
    (10) misrepresentation or false statements made in any application or documents submitted to the Institute;
    (11) failure to comply with the rules or regulations, orders or directions issued by the Institute;
    (12) failure to comply with the laws and regulations of the Macao Special Administrative Region;
    (13) violation of the students' general obligations.

Article 3
Disciplinary Units

  1. The disciplinary units include: Directors of Schools, Director of the Senior Academy, Heads of Centres and Research Centres, and Head of the Student Affairs Office.
  2. Misconduct solely related to teaching and learning should be handled by the disciplinary unit to which the student belongs, namely one of the Directors of the Schools, the Director of the Senior Academy or one of the Heads of Centres and Research Centres.
  3. Other misconduct should be handled by the Head of the Student Affairs Office.
  4. In the event that two or more disciplinary units simultaneously consider themselves with or without the authority to handle a particular case of misconduct, the Board of Management will decide which unit should handle the case.

Article 4
Investigation Committee and Its Constitution

  1. The disciplinary unit with the authority to handle the misconduct should constitute an investigation committee in ten working days after having knowledge of the occurrence of the misconduct.
  2. The investigation committee must consist of five members, including:
    (1) a representative of one of the Schools;
    (2) a representative of the Senior Academy or Centres and Research Centres;
    (3) a representative appointed by the Institute’s President;
    (4) a representative of the Student Affairs Office; and
    (5) a representative of the Student Union.
  3. One of the five representatives listed above, being the representative of the disciplinary unit vested with the authority to handle the case of misconduct, should be the committee’s chairperson.

Article 5
Investigation Measures

  1. On the premise that due respect is given to the current applicable laws in Macao, the investigation committee should take all investigation measures as they consider necessary to prepare the report in accordance with Article 7.1 below.
  2. The disciplinary unit vested with the authority to handle the case of misconduct can question the student concerned or other persons related to the misconduct.
  3. Failure of the student concerned to appear in person for questioning does not affect the preparation of the report in accordance with Article 7.1.

Article 6
Preventive Measures

  1. Having regards to the circumstances of the case, the disciplinary unit vested with the authority to handle the case of misconduct can take suitable preventive measures against the student concerned during the investigation, including:
    (1) prohibition against contacting specific persons;
    (2) suspension from school on a precautionary basis;
    (3) such other preventive measures as considered suitable by the Board of Management.
  2. The appeal procedure as provided for in Article 10, except Article 10.2, is applicable after necessary adaptation to the preventive measures taken under this Article.
  3. Given the urgency of the preventive measures, the Board of Management should make a decision on the appeal as provided for in Article 6.2 in five working days.


Article 7
Investigation Report

  1. The investigation committee should compile a report in ten working days after the committee has been constituted.
  2. The committee’s chairperson is responsible for writing the report, which should particularly include the preliminary findings supported by reasons and, where the misconduct is found to have actually occurred, suitable penalties to be imposed.
  3. If the investigation committee cannot reach a unanimous decision, members of the minority opinion should state their reasons in the report; if the committee’s chairperson is of the minority opinion, the report should be written by the most senior member of the majority opinion.
  4. For completing the investigation, the disciplinary unit vested with the authority to handle the case of misconduct can extend the submission deadline of the report for another ten working days.

Article 8
Notification, Subsequent Procedure and Decisions

  1. After the report as defined in Article 7.1 has been completed, if the misconduct was found to have actually occurred, the disciplinary unit should notify the student concerned in writing in three working days. The student concerned can submit a written statement to the investigation committee in ten working days after receiving the notification.
  2. After receiving the notification, the student concerned can, having made an appointment in advance, read the files related to the investigation during office hours.
  3. The student concerned can request in his / her written statement the carrying out of additional investigation measures.
  4. After receiving the written statement, the disciplinary unit can decide whether it is necessary to carry out any additional investigation measures.
  5. In ten working days after receiving the written statement, the disciplinary unit should submit the final report, presenting in particular the final investigation result supported by reasons, and, where the misconduct was found to have actually occurred, penalties to be imposed.
  6. The disciplinary unit should notify the student concerned of the final investigation report in writing, which should be filed and kept by the Institute.
  7. The provisions of Articles 7.2 to 7.4 are applicable to the procedures prescribed in this article after necessary adaptation.

Article 9
Penalties

  1. When imposing penalties, the disciplinary unit should take all circumstances of the case into consideration, including the nature of the misconduct, the contexts, the consequences, whether the student has repented, any previous misconduct committed by the student, any impact on the victim(s) if any, etc.
  2. Penalties include:
    (1) verbal or written reprimand;
    (2) suitable educational or community service programmes;
    (3) restitution and / or compensation of loss;
    (4) within a specific period of time, suspension from school without refund of any school fees paid as well as temporary forfeiture of any academic and other student rights, benefits, privileges and / or rights of using the Institute's facilities and services. However, in any event, the period of suspension should not exceed:
    (a) three years, if the misconduct has occasioned a criminal or civil court case at the Public Prosecution Office and / or the Tribunal Judicial de Base in Macao;
    (b) one year, for other misconduct;
    (5) within a specific period of time, suspension or forfeiture of the rights to scholarships, prizes, other academic rights and benefits;
    (6) expulsion.
  3. Taking into account the circumstances of the case, the disciplinary unit can impose more than one penalty on the student.
  4. The imposition of the penalty of expulsion should be sanctioned by the Board of Management.

Article 10
Appeal

  1. If the student disagrees with the penalties imposed by the disciplinary unit, he / she can lodge a written appeal to the Board of Management in ten working days after being informed of the penalties.
  2. The lodging of an appeal gives rise to a temporary suspension of the implementation of the penalties imposed on the student.
  3. The Board of Management can request the disciplinary unit to carry out supplementary investigation measures as considered necessary.
  4. The decision made by the Board of Management in this appeal process is final.

Article 11
Information to the Institute’s Academic Units and Others

  1. The Institute’s academic unit to which the student belongs (namely one of the Schools, Senior Academy, or Centres and Research Centres) as well as Student Affairs Office should be informed of the penalties imposed on the student; such record of the student should be taken into consideration before he / she can be awarded any scholarship or prize and / or conferred with any privilege.
  2. Depending on the nature of the case, the student’s parent(s) or guardian(s) can be informed of the imposition of the penalties.
  3. Given the circumstances of the case, particularly where the misconduct was of criminal or severe nature, the initiation of the disciplinary process and the imposition of the penalties are without prejudice to any information lawfully provided by the Institute to the judicial authorities of the Macao Special Administrative Region.

Article 12
Limitation Period

The disciplinary process must be initiated in one year after the misconduct was committed.

Article 13
Confidentiality

The disciplinary process is confidential. However, the confidentiality of the disciplinary process is without prejudice to the application of Article 11.

Article 14
Other Specific Regulations and Rules

These regulations are inapplicable to those situations that are governed by other regulations and rules, except as otherwise specified.

Article 15
Explanation

All questions and missing items resulting from the implementation of these regulations are resolved by the Board of Management.

Article 16
Effective Date

These regulations were approved by the Board of Management of Macao Polytechnic Institute on 17 June, 2019 and came into effect on that date.


This English version is a translation of the original regulations in Chinese. For any discrepancies between the two versions, the Chinese version shall prevail.