萬國法律事務所

The Judicial Yuan Interpretation (“J.Y. Interpretation”) No. 684 indicates that a college student can file an administrative litigation to any punishment ordered by the college. This J.Y. Interpretation changes the intention of J.Y. Interpretation No. 382 and expands the scope of punishment which a college student is entitled to file an administrative litigation.

Under J.Y. Interpretation No. 382, whenever a disciplinary action, such as recording a demerit or reprimand, is necessary for the maintenance of a school’s order or realization of educational purposes and does not infringe upon the student’s right to education, the student(s) affected should only be allowed to appeal within the school, and not be allowed to bring administrative appeal and litigation. On the contrary, when a student suffers expulsion or similar actions that in fact affect his/her right to education, he/she is entitled to administrative appeal and administrative litigation pursuant to the law after having exhausted all remedies available within the school because such disciplinary action will change that student’s status and hinder his/her opportunity to receive an education.

However, J.Y. Interpretation No. 684 indicates that because a college is a place to realize the academic research and nurture competent people, a college student is entitled to file an administrative litigation even if the disciplinary action is not to the extent of expulsion to satisfy the legal principle that there is a remedy where there is a right.