The Council of Grand Justices on Friday issued a constitutional interpretation expanding students’ right to appeal disciplinary actions taken against them by their schools.
In Constitutional Interpretation No. 784, the council ruled that a student’s right to file appeals in administrative courts, which are distinct from the court system that handles criminal and civil law, would not be subject to limits.
Under a 1995 ruling, known as Constitutional Interpretation No. 382, students could only file an appeal if the punishment would “change that student’s status” and “hinder his/her opportunity to receive an education.”
Photo: Wu Cheng-feng, Taipei Times
The review was prompted by the cases of two students in the past few years who received demerits — which appear on one’s academic record and can be considered in university admissions — but could not launch an appeal, as their cases did not meet the conditions outlined in Constitutional Interpretation No. 382.
In a 2014 case, a junior-high student from Hsinchu surnamed Fu (傅) called in sick on the day of an exam. Although the student later took a make-up test, school regulations stipulated that it be graded with a maximum possible score of 70.
In a 2016 case, a high-school student from Taichung surnamed Chang (張) received a demerit for the possession of cigarettes, and later received a second demerit for riding a motorcycle without a license.
On Friday, the council ruled that the students’ right to appeal their punishments could not be subject to restrictive conditions, thereby supplanting Constitutional Interpretation No. 382.
In Taiwan’s legal system, the Council of Grand Justices is responsible for issuing judicial interpretations, while the Supreme Court serves as the court of last resort for civil and criminal cases.
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