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Measures for Handling Violations of Professional Ethics by Primary and Secondary School Teachers

2023-02-14   127

(Revised 2018)

Article 1: These Measures are formulated on the basis of laws, regulations, and institutional norms such as the Education Law of the People's Republic of China, the Law of the People's Republic of China on the Protection of Minors, the Teachers Law of the People's Republic of China, the Regulations on Teacher Qualifications, and the Ten Guidelines for the Professional Conduct of Primary and Secondary School Teachers in the New Era, so as to regulate teachers' professional conduct and protect the lawful rights and interests of teachers and students.

Article 2: The term "primary and secondary school teachers" as used in these Measures refers to teachers in ordinary primary and secondary schools, secondary vocational schools (including technical schools), special education institutions, children's palaces, local teaching and research offices, electronic education and other institutions.

"Primary and secondary school teachers" as used in the preceding paragraph includes teachers of private schools.

Article 3: "Disposition" as used in these Measures includes sanctions and other dispositions. Sanctions include warnings, demerits, demotion or dismissal, or dismissal. The period of warning is 6 months, the period of demerit is 12 months, and the period of demotion or dismissal is 24 months. Those who are members of the Communist Party of China shall be given party disciplinary sanctions at the same time.

Other punishments include giving criticism and education, admonishing and talking, ordering inspections, circulating criticism, and disqualifying from awards, job promotions, professional title evaluations, job hiring, salary promotions, and applying for talent plans. The enforcement period for the disqualification of relevant qualifications shall not be less than 24 months.

Where teachers are suspected of violating the law or committing crimes, they are to be promptly transferred to the judicial organs for handling in accordance with law.

Article 4: Teachers' violations of professional ethics that should be dealt with are as follows:

(1) Words or deeds that undermine the authority of the Party Central Committee or violate the Party's line, principles, and policies in educational and teaching activities or on other occasions.

(2) Harming the national interest or the societal public interest, or violating public order and good customs.

(3) Expressing or forwarding erroneous views, or fabricating and disseminating false or negative information, through classrooms, forums, lectures, information networks, and other channels.

(4) Violating teaching discipline, perfunctory teaching, or engaging in part-time and part-time salaries that affect the work of education and teaching without authorization.

(5) Discriminating against or insulting students, or abusing or harming students.

(6) When encountering emergencies or dangers during education and teaching activities, disregarding the safety of students, leaving their duties without permission and fleeing on their own.

(7) Having an improper relationship with a student, or engaging in any form of indecency or sexual harassment.

(8) Engaging in favoritism or fraud in recruitment, examinations, promotions, escorts, performance appraisals, job hiring, professional title evaluations, and awards.

(9) Soliciting or accepting property from students and their parents, or participating in banquets, travel, entertainment, and leisure activities paid for by students and their parents, selling books, newspapers, periodicals, teaching and auxiliary materials, and social insurance to students, or using parents' resources for personal gain.

(10) Organizing or participating in paid make-up classes, or introducing students to off-campus training institutions and others, or providing relevant information.

(11) Other violations of professional ethics.

Article 5: Where schools and the departments in charge of education discover that teachers have violated the conduct enumerated in article 4, they shall promptly organize an investigation and verification, and give corresponding dispositions depending on the severity of the circumstances. Before making a disposition decision, the teacher's statements and defenses shall be heard, and the opinions of students, other teachers, parents' committees, or parent representatives shall be heard, and the teacher shall be informed of their right to request a hearing. Where teachers request a hearing for a sanction of demotion or higher than the post level, the department that intends to make the disposition decision shall organize a hearing.

Article 6: The principles of fairness and justice, and the combination of education and punishment, shall be adhered to in the disposition of teachers; shall be appropriate to the nature, circumstances, and degree of harm of the violation of professional ethics; The facts shall be clear, the evidence conclusive, the characterization accurate, the handling appropriate, the procedures lawful, and the formalities complete.

Article 7: Decisions on the disposition of teachers are to be made in accordance with the following authority:

(1) Warnings and demerits are to be made by the school where the public school teachers are located, and the school's department in charge of education is to make a decision. Teachers in private schools are to be decided by the school to which they belong and reported to the competent education department for the record.

(2) Sanctions of demotion or removal are to be made by the teacher's school, and the school's competent education department is to make a decision and report to the personnel department at the same level for the record.

(3) Sanctions of expulsion, public school teachers are to be recommended by the school to which they belong, and the school's department in charge of education is to make a decision and report to the personnel department at the same level for the record. Teachers of private schools or teachers who are not included in the management of personnel establishment are to be decided by the school where they belong and their employment contracts are to be terminated, and reported to the competent education department for the record.

(4) Give criticism and education, admonish conversations, order inspections, circulate criticism, as well as other dispositions such as canceling qualifications in areas such as awards and evaluations, job promotions, professional title assessments, job hiring, salary promotions, and application for talent plans, in accordance with the authority of management, and the teacher's school or competent department shall make a decision based on the severity of the circumstances.

Article 8: The disposition decision shall notify the teacher in writing and indicate the facts, reasons, basis, time limit, and channels for appeal.

Article 9: Where teachers are dissatisfied with the disposition decision, they may apply to the school's department in charge of education for a review. Those who are not satisfied with the results of the review may submit an appeal to the administrative department at the level above the school's department in charge of education.

After the expiration of the term, the disposition of teachers shall be extended or dismissed according to the expression of repentance, and the disposition decision and the disposition decision shall be completely stored in the personnel file and the teacher management information system.

Article 10: Where teachers receive sanctions, and meet the requirements of article 19 of the "Regulations on Teacher Qualifications", the administrative departments for education at the county level or above are to revoke their teaching qualifications in accordance with law.

During the period of sanction of the teacher, the regular registration of teacher qualifications is suspended. Those who lose their teaching qualifications in accordance with article 14 of the "Teachers Law of the People's Republic of China" cannot re-obtain their teaching qualifications.

Teachers who receive the above punishments cannot participate in the evaluation of professional and technical positions.

Article 11: Where teachers are sentenced to criminal punishment in accordance with law, they are to be given sanctions of demotion or removal from their posts or higher on the basis of the "Interim Provisions on Sanctions for Public Institution Staff". Of these, those who have been sentenced to fixed-term imprisonment or higher in accordance with law are to be given a sanction of expulsion. Where teachers are deprived of political rights or intentionally commit crimes and receive a criminal punishment of fixed-term imprisonment or higher, they are to be disqualified as teachers.

Article 12: Where schools and departments in charge of education do not perform or incorrectly perform their duties for the management of the establishment of teacher ethics and teaching style, and in the following circumstances, the administrative department at the level above shall, depending on the severity of the circumstances, employ methods such as admonishments, admonishment talks, circulars of criticism, disciplinary sanctions, and organizational dispositions, and seriously pursue the responsibility of the principal responsible person, the person in charge, and the person directly responsible:

(1) The establishment of long-term mechanisms for teachers' ethics and teaching style, and the lack of daily education and supervision;

(2) The problem of teachers' moral anomie is not found in a timely manner;

(3) Ineffective or improper handling of teachers' moral misconduct that has already been discovered, or refusal to sanction, delay in sanctions, or prevarication or concealment;

(4) Decisions that have already been made to deal with teachers' moral misconduct are not in place, and the rectification of teachers' moral misconduct is not complete;

(5) There are multiple problems of teachers' moral anomie, or there is a negative social impact caused by teachers' moral anomie;

(6) Other situations of dereliction of duty and responsibility that shall be held accountable.

Article 13: Provincial-level administrative departments for education shall draft detailed implementation rules in light of actual local conditions, and report to the administrative departments for education under the State Council for the record.

Article 14: These Measures shall come into force on the date of promulgation.