Recently, a high-profile case of a graduate student expelled from his university for whoring was heard by a district court in Shanghai. The court decided to reject the student’s request to revoke the disciplinary decision made by the school and review the legality of the relevant content of the school’s registration management” on the grounds that “the plaintiff’s claim has no factual and legal basis.
The story began back in the end of September 2020, a graduate student at a university in Shanghai, had an affair with a woman in a hotel. More than a month later, the woman was seized by the cops for prostituting and gave up the student as one of his regular clients. The man was administratively detained by the local police for three days. After the police notified his university of the incident, he was expelled.
The student refused to accept the punishment and sued the school. His claim was that he was detained for 3 days by public security and believes the school’s punishment was too heavy. The court of first instance held that the school’s procedures were in line with regulations and respected the autonomy of the h higher education and that the school’s punishment was not improper.
The court stated that Article 52 (3) of the Regulations on the Administration of Students in Ordinary Higher education institution stipulates that if a student is punished by the public security administration, and the circumstances are serious and the nature is abominable, the school may give him the punishment of expulsion.
A lawyer representing the student said that his client was not satisfied with the judgment of the first instance court and would appeal in accordance with the law.
The lawyer pointed out that article 66 of the Law on penalties for Public Security Administration stipulates that those who engage in prostitution or whoring shall be detained for not less than 10 days and not more than 15 days and may also be fined not more than 5000 yuan; if the circumstances are relatively minor, they shall be detained for not more than five days or not more than 500 yuan. What the public security organs in this case imposed on the student was a three-day administrative detention penalty, making it clear that the student’s behavior has been determined to be ‘less serious’.”