The full text of the revision to the 中国共产党普通高等学校基层组织工作条例 and my crude English translation, along with the Florida Faculty Anti-Bias Legislation, and brief reflections follow.
Reflections:
1. While the impulse to recognize the importance of education as an arena of societal control is shared by vanguards in the United States and China, the quite distinctive political-economic models result in the manifestation of this instrumentalizing impulse in quite distinct ways. Each reflects the fundamental ordering premises of the political and societal order, and each is developed to produce maximum positive efficiencies for meeting elite objectives.
2. In China, that requires a mirroring of organizational form in which the basic structure and working style of the vanguard is replicated within every form and level of societal-political-economic-cultural organization. And it requires the alignment of that form, itself the highest expression of Leninist political theory, with the core objectives of the vanguard. In this case the emphasis on a patriotic campaign nicely encapsulates a large universe of notions that ultimately are meant to serve the core objectives of prosperity and stability at the heart of the New Era's responsibility to meet the challenge of the current contradiction of Chinese Marxism (unequal distribution) and national integrity. This reflects a more core notion of central management of controlled spaces for the cultivation of ideas and the dissemination of knowledge, one that replicates the structures of Markets Marxism (see, Central Planning versus Markets Marxism).
3. In the United States, that instrumentalization requires the extension of the great anti-discrimination campaigns. But that extension itself challenges the core normative principles of anti-discrimination to the extent it cultivates a tolerance of ideas that may challenge the core normative structures of the current manifestations of anti-discrimination campaigns. That contradiction, of course, mars the battle lines among the great factions of elites now battling for control of both the levers of political power and the narrative through which they can cultivate the "correct" way of understanding the world. In the case of the Florida legislation, that battle is fought over the way that universities are used as instruments of normative naturalization. There is no question that all sides are now embracing the core abstract tenets of the great anti-discrimination campaign that has marked the transformation of American society this generation. But the expression of anti-discrimination is itself a highly contested arena that reflects core and unresolved factionalism among elites.
4. It follows that while the Chinese approach tends to be highly organized, bureaucratized and administrative, the American approach tends to be messy, and dispersed. Yet both have as their object the control of key elements of education delivery. The Chinese achieve this objective through unification and management; the Americans by fracture and market places of ideas. In both cases the dissemination of knowledge is highly supervised--but in once case the supervision is meant to promote a orthodoxy in result, and in the other heterodoxy.
5. In both cases, the relationship of society to knowledge and its dissemination is political, and its politics is expressed administratively. Both societies hold knowledge in high regard, t be sure. But the value (or better put its worth in context) knowledge, like other factors of social production, is determined as a function of its utility (to the political, economic, societal, or cultural spheres). Both societies more explicitly now recognize that knowledge does not exist beyond the capacity of a society to know; and that a society's capacity to know is itself a function of its faith in the norms through which it has come to understand itself and its place in the world. Fides et Ratio "are like two wings on which the human spirit rises to the contemplation of truth; and God has placed in the human heart a desire to know the truth—in a word, to know himself—so that, by knowing and loving God, men and women may also come to the fullness of truth about themselves" (Faith and Reason Encyclical 1998).
6. Knowledge is thus bound by notions of truth and falsehood. Yet both truth and falsehood are intimately tied to notions of the basis on which both may be discerned. Knowledge in this sense is not limited to the identification of things (data, objects) but to the infusion of those things with meaning. It is in that movement from identification of an object (abstract or physical) to a knowledge of its meaning. That is as important an element of the construction, and dissemination of knowledge in China as it is in the U.S. In both cases meaning making is tied to the normative belief system of the society. In both societies what is worth knowing, and knowledge that is worth disseminating, is limited by the way in which a society can see and understand the world.
7. It follows that the most important element of knowledge production, and even more so for knowledge dissemination, is not knowledge itself, but rather the ability to ensure that both knowledge production and dissemination are undertaken with fidelity to the core values of a society, is respectful (in an affirming sort of way) of its fundamental premises, and expresses those values in wthe way that knowledge is acknowledged, understood, and employed.
8. To that end, neither China nor the US can leave knowledge production of dissemination to the care of a group of unsupervised workers. Knowledge workers, like everyone else in a social order, serve their societies only by engaging in their labor in ways that affirm its truths, operations, ad objectives. Knowledge laborers are in a sense social fiduciaries--tasked with the production of "correct" rather than "false" knowledge (attaching meaning to objects and developing connections among meaning rich objects) and with an affirming role in the dissemination of appropriate bits of that knowledge to those they are charged to teach. It is in this sense that both the Chinese and the American efforts at the management of a great nexus point of societal production and dissemination of knowledge become rational expressions of the systems in whose service they are undertaken. In the process each spotlights the great differences between two quite distinct approaches to the archeology of knowledge in the service of post global empire and to the disciplining of their respective societies.
9. there s nothing odd or sinister about this thrust. As I have intimated above the self constitution of a society is in large part preserved by the ability of its administrative apparatus t discipline its members into a specific way of approaching the world around them, and of transforming facts through belief into systems of knowledge that affirms both the solidity of facts and the truth of belief. The very processes of banal mechanisms like academic peer review (and its so called quality standards) provide a useful example of the form. Knowledge must affirm what is known and those who know it; knowledge must acknowledge the power of the structures of beliefs within which it may be allowed expression. To label this bad or good is itself to make a judgment based on the need to assure both the legitimacy of the view one holds and to ensure that expressions of meaning (and assessments) is aligned with such beliefs. But that is to say little more than that all knowledge is human, all too human, and that human communities will construct their realities as systems of self affirmation.
It is because we have for thousands of years looked into the world with moral, aesthetic, religious predispositions, with blind prejudice, passion or fear, and surfeited ourselves with indulgence in the follies of illogical thought, that the world has gradually become so wondrously motley, frightful, significant, soulful: it has taken on tints, but we have been the colorists: the human intellect, upon the foundation of human needs, of human passions, has reared all these "phenomena" and injected its own erroneous fundamental conceptions into things. (Human, All Too Human, ¶16)
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中国共产党普通高等学校基层组织工作条例
(2009年11月5日中共中央政治局常委会会议审议批准 2010年8月13日中共中央发布 2021年2月26日中共中央政治局会议修订 2021年4月16日中共中央发布)
《 人民日报 》( 2021年04月23日 第 03 版)
第一章 总 则
第一条 为了深入贯彻习近平新时代中国特色社会主义思想,贯彻落实新时代党的建设总要求和新时代党的组织路线,坚持和加强党对普通高等学校(以下简称高校)的全面领导,加强和改进高校党的建设,扎根中国大地办好中国特色社会主义大学,根据《中国共产党章程》和有关法律,制定本条例。
第二条 高校党组织必须高举中国特色社会主义伟大旗帜,以马克思列宁主义、毛泽东思想、邓小平理论、“三个代表”重要思想、科学发展观、习近平新时代中国特色社会主义思想为指导,增强“四个意识”、坚定“四个自信”、做到“两个维护”,全面贯彻党的基本理论、基本路线、基本方略,全面贯彻党的教育方针,坚持教育为人民服务、为中国共产党治国理政服务、为巩固和发展中国特色社会主义制度服务、为改革开放和社会主义现代化建设服务,坚守为党育人、为国育才,培养德智体美劳全面发展的社会主义建设者和接班人。
第三条 高校实行党委领导下的校长负责制。高校党的委员会(以下简称高校党委)全面领导学校工作,支持校长按照《中华人民共和国高等教育法》的规定积极主动、独立负责地开展工作,保证教学、科研、行政管理等各项任务的完成。
高校党委实行民主集中制,健全集体领导和个人分工负责相结合的制度。凡属重大问题都应当按照集体领导、民主集中、个别酝酿、会议决定的原则,由党委集体讨论,作出决定;党委成员应当根据集体的决定和分工,切实履行职责。
第四条 高校党组织工作应当遵循以下原则:
(一)坚持党管办学方向、党管干部、党管人才、党管意识形态,领导改革发展,把党的领导落实到高校办学治校全过程各方面,确保党的教育方针和党中央决策部署得到贯彻落实;
(二)坚持全面从严治党,以党的政治建设为统领,把政治标准和政治要求贯穿党的思想建设、组织建设、作风建设、纪律建设以及制度建设、反腐败斗争始终;
(三)坚持高校党的建设与人才培养、科学研究、社会服务、文化传承创新、国际交流合作等深度融合,为高校改革发展稳定、完成党和国家重大战略任务提供思想保证、政治保证、组织保证;
(四)坚持把思想政治工作作为开展高校党的建设的重要抓手,把立德树人成效作为检验高校党的建设工作的根本标准;
(五)坚持抓基层强基础,健全高校党的组织体系、制度体系和工作机制,全面增强高校基层党组织生机活力。
第二章 组织设置
第五条 高校党委由党员大会或者党员代表大会选举产生,每届任期5年。党委对党员大会或者党员代表大会负责并报告工作。
党员代表大会代表实行任期制。
第六条 规模较大、党员人数较多的高校,根据工作需要,经上级党组织批准,党委可以设立常务委员会(以下简称常委会)。常委会由党委全体会议选举产生,对党委负责并定期报告工作。设立常委会的党委每半年至少召开1次委员会全体会议,遇有重要情况可以随时召开。
设立常委会的高校党委,一般设党委委员15至31人,常委会委员7至11人;不设常委会的,一般设委员7至11人。根据学校实际,经上级党组织批准,可以适当增减常委会委员或者不设常委会的委员职数。
第七条 高校院(系)级单位根据工作需要和党员人数,经学校党委批准,设立党的基层委员会、总支部委员会、支部委员会。党的基层委员会由党员大会或者党员代表大会选举产生,党的总支部委员会、支部委员会由党员大会选举产生。院(系)党组织每届任期一般为5年。
第八条 有正式党员7人以上的党支部,应当设立党支部委员会;正式党员不足7人的党支部,设1名书记,必要时可以设1名副书记,由党支部党员大会选举产生。党支部委员会和不设支部委员会的支部书记、副书记每届任期一般为3年。
第九条 高校院(系)级以下单位设立党支部,应当与教学、科研、管理、服务等机构相对应。教师党支部一般按照院(系)内设的教学、科研机构设置,学生党支部一般按照年级班级或者学科专业设置。可以依托重大项目组、科研平台或者学生社区等设置师生党支部,注重在本专科低年级建立党的组织、开展党的工作。管理、后勤等部门的党支部一般按照部门设置。将离退休教职工党员编入党的组织,开展党的活动。
注重选拔党性强、业务精、有威信、肯奉献的党员学术带头人担任教师党支部书记。注重从优秀辅导员、骨干教师、优秀学生党员中选拔学生党支部书记。管理、后勤等部门党支部书记一般由本部门主要负责人担任。
第三章 主要职责
第十条 高校党委承担管党治党、办学治校主体责任,把方向、管大局、作决策、抓班子、带队伍、保落实。主要职责是:
(一)宣传和执行党的路线方针政策,宣传和执行党中央以及上级党组织和本组织的决议,坚持社会主义办学方向,依法治校,依靠全校师生员工推动学校科学发展,培养德智体美劳全面发展的社会主义建设者和接班人。
(二)坚持马克思主义指导地位,组织党员认真学习马克思列宁主义、毛泽东思想、邓小平理论、“三个代表”重要思想、科学发展观、习近平新时代中国特色社会主义思想,学习党的路线方针政策和决议,学习党的基本知识,学习业务知识和科学、历史、文化、法律等各方面知识。
(三)审议确定学校基本管理制度,讨论决定学校改革发展稳定以及教学、科研、行政管理中的重大事项。
(四)讨论决定学校内部组织机构的设置及其负责人的人选。按照干部管理权限,负责干部的教育、培训、选拔、考核和监督。加强领导班子建设、干部队伍建设和人才队伍建设。
(五)按照党要管党、全面从严治党要求,加强学校党组织建设。落实基层党建工作责任制,发挥学校基层党组织战斗堡垒作用和党员先锋模范作用。
(六)履行学校党风廉政建设主体责任,领导、支持内设纪检组织履行监督执纪问责职责,接受同级纪检组织和上级纪委监委及其派驻纪检监察机构的监督。
(七)领导学校思想政治工作和德育工作,落实意识形态工作责任制,维护学校安全稳定,促进和谐校园建设。
(八)领导学校群团组织、学术组织和教职工代表大会。
(九)做好统一战线工作。对学校内民主党派的基层组织实行政治领导,支持其依照各自章程开展活动。支持无党派人士等统一战线成员参加统一战线相关活动,发挥积极作用。加强党外知识分子工作和党外代表人士队伍建设。加强民族和宗教工作,深入开展铸牢中华民族共同体意识教育,坚决防范和抵御各类非法传教、渗透活动。
第十一条 高校院(系)级单位党组织应当强化政治功能,履行政治责任,保证教学科研管理等各项任务完成,支持本单位行政领导班子和负责人开展工作,健全集体领导、党政分工合作、协调运行的工作机制。主要职责是:
(一)宣传和执行党的路线方针政策以及上级党组织的决议,并为其贯彻落实发挥保证监督作用。
(二)通过党政联席会议,讨论和决定本单位重要事项。召开党组织会议研究决定干部任用、党员队伍建设等党的建设工作。涉及办学方向、教师队伍建设、师生员工切身利益等事项的,应当经党组织研究讨论后,再提交党政联席会议决定。
(三)加强党组织自身建设,建立健全党支部书记工作例会等制度,具体指导党支部开展工作。
(四)领导本单位思想政治工作,加强师德师风建设,落实意识形态工作责任制。把好教师引进、课程建设、教材选用、学术活动等重要工作的政治关。
(五)做好本单位党员、干部的教育管理工作,做好人才的教育引导和联系服务工作。
(六)领导本单位群团组织、学术组织和教职工代表大会。做好统一战线工作。
第十二条 教职工党支部围绕本单位改革发展稳定等开展工作,落实立德树人根本任务,发挥教育管理监督党员和组织宣传凝聚服务师生员工的作用。主要职责是:
(一)宣传和执行党的路线方针政策以及上级党组织的决议,团结师生员工,在完成教学科研管理任务中发挥党员先锋模范作用;
(二)参与本单位重大问题决策,支持本单位行政负责人开展工作,对教职工职称评定、岗位(职员等级)晋升、考核评价等进行政治把关;
(三)做好党员教育、管理、监督和服务工作,定期召开组织生活会,开展批评和自我批评;
(四)培养教育入党积极分子,做好发展党员工作;
(五)加强师德师风建设,有针对性地做好思想政治工作;
(六)密切联系群众,经常听取师生员工意见和诉求,维护他们的正当权利和利益。
第十三条 学生党支部应当加强思想政治引领,筑牢学生理想信念根基,引导学生刻苦学习、全面发展、健康成长。主要职责是:
(一)宣传和执行党的路线方针政策以及上级党组织的决议。
(二)加强对学生党员的教育、管理、监督和服务,定期召开组织生活会,开展批评和自我批评。发挥学生党员先锋模范作用,影响、带动广大学生明确学习目的,完成学习任务。
(三)组织学生党员参与学生事务管理,维护学校稳定。支持、指导和帮助团支部、班委会以及学生社团根据学生特点开展工作,充分发挥保留团籍的学生党员的带动作用。
(四)培养教育学生中的入党积极分子,按照标准和程序发展学生党员。
(五)根据学生特点,有针对性地做好思想政治教育工作。
第四章 党的纪律检查工作
第十四条 高校设立党的基层纪律检查委员会(以下简称高校纪委)。高校纪委由党员大会或者党员代表大会选举产生,在同级党委和上级纪委双重领导下进行工作。上级纪委在监督检查、纪律审查等方面强化对高校纪委的领导。
实行向高校派驻纪检监察机构的,派驻纪检监察机构根据授权履行纪检、监察职责,代表上级纪委监委对高校党委进行监督。
第十五条 高校纪委设立专门工作机构,配备必要的工作人员。
高校党委视具体情况在院(系)级单位党委设立纪委或者纪律检查委员。党的总支部委员会和支部委员会设纪律检查委员。
第十六条 高校纪委是高校党内监督专责机关,履行监督执纪问责职责。主要任务是:
(一)维护党章和其他党内法规,检查党的路线方针政策和决议的执行情况,协助高校党委推进全面从严治党、加强党风建设和组织协调反腐败工作。
(二)经常对党员进行遵守纪律的教育,作出关于维护党纪的决定。
(三)对党的组织和党员领导干部履行职责、行使权力进行监督,受理处置党员群众检举举报,开展谈话提醒、约谈函询。
(四)检查和处理党的组织和党员违反党章和其他党内法规的比较重要或者复杂的案件,决定或者取消对这些案件中的党员的处分;进行问责或者提出责任追究的建议。
(五)受理党员的控告和申诉,保障党员权利不受侵犯。
高校纪委应当严格按照职责权限和工作程序处理违犯党纪的线索和案件,把处理特别重要或者复杂案件中的问题和处理结果,向同级党委和上级纪委报告。
第五章 党员队伍建设
第十七条 高校党组织应当构建多层次、多渠道的党员经常性学习教育体系,加强政治理论教育和党史教育,突出政治教育和政治训练,强化党章党规党纪教育、党的宗旨教育、革命传统教育、形势政策教育和知识技能教育,推进“两学一做”学习教育常态化制度化,建立和落实不忘初心、牢记使命的制度。
第十八条 严格党的组织生活,坚持开展批评和自我批评,提高“三会一课”质量,开好民主生活会和组织生活会,健全落实谈心谈话、民主评议党员、主题党日等制度,确保党的组织生活经常、认真、严肃。
第十九条 强化党员日常管理,及时转接党员组织关系,督促党员按期足额交纳党费。加强流动党员管理和服务,做好毕业生党员、出国(境)学习研究党员组织关系和党籍管理工作。关心党员思想、学习、工作和生活,健全党内关怀、帮扶长效机制。搭建党员发挥先锋模范作用平台,健全党员联系和服务群众工作体系。妥善处置不合格党员,严格执行党的纪律。
第二十条 尊重党员主体地位,发扬党内民主,保障党员权利,推进党务公开。高校党组织讨论决定重要事项前,应当充分听取党员的意见,党内重要情况及时向党员通报。
第二十一条 按照坚持标准、保证质量、改善结构、慎重发展的方针和有关规定,把政治标准放在首位,加强对入党积极分子的教育、培养和考察,加强在高层次人才、优秀青年教师和优秀学生中发展党员工作。建立党员领导干部和党员学术带头人直接联系培养教师入党积极分子制度。将团组织推优作为确定学生入党积极分子的重要渠道。建立从高中到大学、从大学到研究生阶段入党积极分子接续培养机制,加大在高校低年级学生中发展党员力度。
第二十二条 高校党委应当设立党校。党校的主要任务是培训党员、干部和入党积极分子。
第六章 干部和人才工作
第二十三条 高校党委应当坚持党管干部原则,按照干部管理权限对学校干部实行统一管理。选拔任用干部,必须突出政治标准,坚持德才兼备、以德为先,坚持五湖四海、任人唯贤,坚持事业为上、公道正派,坚持注重实绩、群众公认,努力实现干部队伍革命化、年轻化、知识化、专业化,建设忠诚干净担当的高素质专业化干部队伍。
选拔任用学校中层管理人员,由高校党委及其组织部门按照有关规定进行分析研判和动议、民主推荐、考察,充分听取有关方面意见,经高校党委(常委会)集体讨论决定,按照规定程序办理。
第二十四条 高校院(系)级单位党组织在干部队伍建设中发挥主导作用,同本单位行政领导一起,做好本单位干部的教育、培训、选拔、考核和监督工作,以及学生辅导员、班主任的配备、管理工作。
对院(系)级单位行政领导班子的配备及其成员的选拔,本单位党组织可以向学校党委提出建议,并协助学校党委组织部门进行考察。
第二十五条 高校党委应当建立健全优秀年轻干部发现培养选拔制度,制定并落实年轻干部队伍建设规划,大胆选拔使用经过实践考验的优秀年轻干部。统筹做好女干部、少数民族干部和党外干部的培养选拔工作。
第二十六条 高校党委应当坚持党管人才原则,贯彻人才强国战略,实施更加积极、更加开放、更加有效的人才政策,健全人才培养、引进、使用、评价、流动、激励机制,大力弘扬科学家精神,营造潜心育人、潜心科研、激发创造活力的工作环境,用好用活党内和党外、国内和国外等各方面优秀人才,形成人才辈出、人尽其才的良好局面。加强对人才的政治引领和政治吸纳,健全党组织联系服务专家工作制度,不断提高各类人才的思想政治素质和业务素质。
第七章 思想政治工作
第二十七条 高校党委应当牢牢掌握党对学校意识形态工作的领导权,统一领导学校思想政治工作。发挥行政系统、群团组织、学术组织和广大教职工的作用,共同做好思想政治工作。
第二十八条 高校党组织应当把理想信念教育放在首位,对师生员工进行马克思列宁主义、毛泽东思想和中国特色社会主义理论体系的教育,推动习近平新时代中国特色社会主义思想进教材、进课堂、进头脑,做好党的基本路线教育,爱国主义、集体主义和社会主义思想教育,党史、新中国史、改革开放史、社会主义发展史教育,中华优秀传统文化、革命文化、社会主义先进文化教育,国情教育、形势政策教育、社会主义民主法治教育、国家安全教育和民族团结进步教育。把培育和践行社会主义核心价值观融入大学生思想政治教育工作和师德师风建设的全过程,帮助广大师生员工树立正确的世界观、人生观和价值观,坚定中国特色社会主义道路自信、理论自信、制度自信、文化自信。
第二十九条 高校党组织应当把立德树人作为根本任务,构建思想政治工作体系,加强意识形态阵地管理。充分发挥课堂教学的主渠道作用,办好思想政治理论课,推进课程思政建设,拓展新时代大学生思想政治教育的有效途径,形成全员全过程全方位育人的良好氛围和工作机制。
第三十条 思想政治工作应当坚持理论联系实际,定期分析师生员工的思想动态,坚持解决思想问题与解决实际问题相结合,注重人文关怀和心理疏导,区别不同层次,采取多种方式,推动思想政治工作传统优势和信息技术高度融合,增强思想政治工作的针对性、实效性。
第八章 对群团组织的领导
第三十一条 高校党委应当研究工会、共青团、妇女组织等群团组织和学生会(研究生会)、学术组织工作中的重大问题,加强学生社团管理,支持他们依照法律和各自章程开展工作。
第三十二条 高校党委领导教职工代表大会,支持教职工代表大会正确行使职权,在参与学校民主管理和民主监督、维护教职工合法权益等方面发挥积极作用。
第九章 领导和保障
第三十三条 各级党委及其有关部门、有关国家机关党组(党委)应当把高校基层党组织建设作为党建工作的重要内容,摆在突出位置,纳入整体部署,坚持属地管理原则,坚持管班子管业务与管党建管思想政治工作相结合,形成党委统一领导,教育工作领导小组牵头协调,纪检机关和组织、宣传、统战、教育工作等部门密切协作、齐抓共管的工作格局。
第三十四条 各级党委及其有关部门、有关国家机关党组(党委)应当合理设置负责高校党建工作的部门和机构,各级党委教育工作部门应当有内设机构具体承担高校党建工作职能,配齐配强工作人员。
高校党委根据工作需要,本着精干高效和有利于加强党建工作的原则,设立办公室、组织部、宣传部、统战部和教师工作、学生工作、保卫工作部门等机构。
第三十五条 按照社会主义政治家、教育家标准,选好配强高校党委书记、校长,把政治过硬、品行优良、业务精通、锐意进取、敢于担当的优秀干部选配到学校领导岗位。学校行政领导班子成员是党员的,一般应当进入党委常委会或者不设常委会的党委。纪委书记、组织部长、宣传部长、统战部长一般应当由党委常委或者不设常委会的党委委员担任。
高校应当按照专职为主、专兼结合、数量充足、素质优良的要求,将党务工作和思想政治工作队伍建设纳入学校人才队伍建设总体规划,完善选拔、培养、激励机制。专职党务工作人员和思想政治工作人员应当在编制内配足,总数不低于全校师生人数的1%,每个院(系)至少配备1至2名专职组织员。专职辅导员岗位按照师生比不低于1∶200的比例设置,专职思想政治理论课教师岗位按照师生比不低于1∶350的比例核定。完善保障机制,为学校党的建设和思想政治工作提供经费和物质支持。
第三十六条 高校党的建设和思想政治工作情况应当纳入巡视巡察,作为学校领导班子综合评价和领导人员选拔任用的重要依据,作为“双一流”建设等工作成效评估的重要内容。开展党组织书记抓基层党建述职评议考核工作,强化考核结果运用。对党的建设和思想政治工作重视不够、落实不力的,应当及时提醒、约谈;对出现严重问题的,按照有关规定严肃追责问责,督促抓好问题的整改落实。
第十章 附 则
第三十七条 本条例适用于国家举办的普通高等学校。
军队系统院校党组织的工作,按照中共中央、中央军事委员会有关规定执行。
第三十八条 本条例由中央组织部负责解释。
第三十九条 本条例自发布之日起施行。
(新华社北京4月22日电)
Regulations of the Communist Party of China on the Work of Primary Organizations in Regular Colleges and Universities
(Deliberated and approved by the Standing Committee of the Political Bureau of the CPC Central Committee on November 5, 2009. Promulgated by the CPC Central Committee on August 13, 2010. Revised by the Political Bureau of the CPC Central Committee on February 26, 2021. Promulgated by the CPC Central Committee on April 16, 2021.)
"People's Daily" (03th Edition on April 23, 2021)
Chapter 1 General Provisions
Article 1 In order to thoroughly implement Xi Jinping’s thoughts on socialism with Chinese characteristics in the new era, implement the general requirements for party building in the new era and the party’s organizational line in the new era, uphold and strengthen the party’s overall leadership of ordinary colleges and universities (hereinafter referred to as colleges and universities), and strengthen And improve the party building in colleges and universities, take root in China to run a socialist university with Chinese characteristics, and formulate these regulations in accordance with the "Articles of the Communist Party of China" and related laws.
Article 2. Party organizations in colleges and universities must hold high the great banner of socialism with Chinese characteristics and be guided by Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important thinking of the "Three Represents", the Scientific Outlook on Development, and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era. "Four consciousnesses", firm "four self-confidence", achieve "two safeguards", fully implement the party's basic theory, basic line, and basic strategy, fully implement the party's educational policy, and insist on education to serve the people and the Communist Party of China Governing the country, serving for the consolidation and development of the socialist system with Chinese characteristics, serving for reform and opening up and socialist modernization, insisting on educating people for the party, cultivating talents for the country, and cultivating socialist builders with comprehensive development of morality, intelligence, physical education, and labor. successor.
Article 3 Colleges and universities implement the principal responsibility system under the leadership of the party committee. The college party committee (hereinafter referred to as the college party committee) comprehensively leads the work of the school, supports the principal to carry out work proactively, independently and responsibly in accordance with the "Higher Education Law of the People's Republic of China" to ensure the completion of various tasks such as teaching, scientific research, and administrative management .
The party committees of colleges and universities implement democratic centralism, and improve the system of combining collective leadership and individual division of labor. All major issues should be collectively discussed and decided by the party committee in accordance with the principles of collective leadership, democratic centralism, individual deliberation, and meeting decisions; party committee members should earnestly perform their duties in accordance with collective decisions and division of labor.
Article 4 The party organization work in colleges and universities shall follow the following principles:
(1) Adhere to the direction of the party’s management of schools, the party’s management of cadres, the party’s talents, and the party’s ideology, leading reform and development, and implementing party leadership in all aspects of the entire process of running schools and universities to ensure the party’s educational policy and the party’s central decision-making The deployment is implemented;
(2) Adhere to strict governance of the party in an all-round way, take the party's political construction as the command, and integrate political standards and political requirements throughout the party's ideological, organizational, work style, discipline, system, and anti-corruption struggles;
(3) Adhere to the in-depth integration of party building and talent training, scientific research, social services, cultural inheritance and innovation, international exchanges and cooperation in colleges and universities, and provide ideological guarantee, political guarantee, and organization for the reform and development of colleges and universities, and the completion of major strategic tasks of the party and the country. Guarantee;
(4) Persist in ideological and political work as an important starting point for party building in colleges and universities, and regard the effectiveness of Lide and fostering people as the fundamental standard for testing party building in colleges and universities;
(5) Persist in strengthening the foundation at the grassroots level, improve the Party's organizational system, institutional system and working mechanism in colleges and universities, and comprehensively enhance the vitality of the Party organizations at the grassroots level in colleges and universities.
Chapter 2 Organizational Settings
Article 5 The party committee of a university is elected by the party member assembly or the party member representative assembly, and the term of office is 5 years. The party committee is responsible for and reports to the party member assembly or the party member representative assembly.
The party member congress delegates implement a tenure system.
Article 6 For colleges and universities with a larger scale and a large number of party members, the party committee may establish a standing committee (hereinafter referred to as the standing committee) according to the needs of the work and with the approval of the superior party organization. The Standing Committee is elected by the plenary meeting of the party committee and is responsible to the party committee and reports on its work regularly. The party committee that established the Standing Committee convenes at least one plenary meeting of the committee every six months, and can convene it at any time in important situations.
The college party committee that establishes a standing committee generally has 15 to 31 party committee members and 7 to 11 members of the standing committee; if there is no standing committee, it generally has 7 to 11 members. According to the actual situation of the school, with the approval of the higher-level party organization, the number of members of the Standing Committee or the number of members of the Standing Committee may be appropriately increased or decreased.
Article 7 College (department)-level units in colleges and universities shall establish basic party committees, general branch committees, and branch committees based on work needs and the number of party members, with the approval of the school party committee. The party's grass-roots committees are elected by the party member assembly or the party member representative assembly, and the party general branch committees and branch committees are elected by the party member assembly. The term of office of a college (department) party organization is generally 5 years.
Article 8 A party branch with more than 7 official party members shall establish a party branch committee; a party branch with less than 7 official party members shall have a secretary, and if necessary, a deputy secretary may be appointed by the party branch party member assembly. The term of office of party branch committees and branch secretaries and deputy secretaries without branch committees is generally 3 years.
Article 9 The establishment of party branches in units below the college (department) level of a university shall correspond to the institutions of teaching, scientific research, management, and service. Teacher party branches are generally set up in accordance with the teaching and research institutions set up in the college (department), and student party branches are generally set up in accordance with grade classes or disciplines. Teacher and student party branches can be set up by relying on major project teams, scientific research platforms, or student communities, and focus on establishing party organizations and carrying out party work in the lower grades of undergraduate and junior colleges. The party branches of management, logistics and other departments are generally set up according to the department. Incorporate retired faculty and staff party members into party organizations to carry out party activities.
Pay attention to the selection of party members with strong party spirit, professionalism, prestige, and willingness to contribute to the party branch secretary. Pay attention to selecting student party branch secretaries from outstanding counselors, key teachers, and outstanding student party members. The party branch secretary of management, logistics and other departments is generally held by the main person in charge of the department.
Chapter III Main Responsibilities
Article 10 The Party Committee of Colleges and Universities assumes the main responsibility of governing the Party, running schools and schools, and directs the direction, manages the overall situation, makes decisions, grasps the team, leads the team, and guarantees implementation. The main responsibilities are:
(1) Propaganda and implement the party’s line, principles and policies, publicize and implement the resolutions of the Party Central Committee and higher-level party organizations and the organization, adhere to the socialist direction of running schools, govern the school in accordance with the law, rely on the entire school’s teachers, students and staff to promote the scientific development of the school and cultivate morality and wisdom Socialist builders and successors who have developed all-round development of sports, art and labor.
(2) Adhere to the guiding position of Marxism, organize party members to earnestly study Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important thinking of the "Three Represents", the scientific outlook on development, Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, and study the party's line, principles and policies And resolutions, learn the basic knowledge of the party, learn business knowledge and knowledge of science, history, culture, law and other aspects.
(3) Review and determine the basic management system of the school, discuss and determine the school's reform, development and stability, and major issues in teaching, scientific research, and administrative management.
(4) Discuss and decide on the establishment of the school’s internal organization and the person in charge. In accordance with the cadre management authority, responsible for the education, training, selection, assessment and supervision of cadres. Strengthen the building of the leadership team, the cadre team and the talent team.
(5) Strengthen the construction of the school party organization in accordance with the requirements of the party to manage the party and strictly govern the party in an all-round way. Implement the responsibility system for grassroots party building work, and give full play to the role of the school's grassroots party organization as a battle fortress and the vanguard and exemplary role of party members.
(6) Perform the main responsibility of the school’s party style and clean government construction, lead and support the internal discipline inspection organization to perform the responsibility of supervising discipline and accountability, and accept the supervision of the discipline inspection organization at the same level and the higher-level discipline inspection commission and its dispatched discipline inspection and supervision agency.
(7) Lead the school's ideological and political work and moral education, implement the ideological work responsibility system, maintain the safety and stability of the school, and promote the construction of a harmonious campus.
(8) Leading the school group organization, academic organization and faculty representative assembly.
(9) Do a good job in the united front. Practise political leadership over the grassroots organizations of the democratic parties in the school and support them to carry out activities in accordance with their respective constitutions. Support people without party affiliation and other united front members to participate in united front-related activities and play an active role. Strengthen the work of non-party intellectuals and the construction of non-party representatives. Strengthen ethnic and religious work, carry out in-depth education in building a sense of community for the Chinese nation, and resolutely prevent and resist all kinds of illegal missionary and infiltration activities.
Article 11 The party organization of a college (department)-level unit of a university shall strengthen its political functions, perform political responsibilities, ensure the completion of various tasks such as teaching and scientific research management, support the administrative leadership team and responsible persons of the unit to carry out their work, and improve collective leadership and party administration. The working mechanism of division of labor, cooperation and coordinated operation. The main responsibilities are:
(1) Propaganda and implement the party’s line, principles and policies, and the resolutions of higher-level party organizations, and play a role in ensuring and supervising their implementation.
(2) Through the party and government joint meeting, discuss and decide important matters of the unit. A party organization meeting was held to study and decide on party building such as the appointment of cadres and the building of party members. Matters involving the direction of running a school, the construction of the teaching team, and the vital interests of teachers, students and staff shall be submitted to the joint party and government meeting for decision after the party organization has studied and discussed.
(3) Strengthen the self-construction of the party organization, establish and improve the regular work meeting of the party branch secretary and other systems, and specifically guide the work of the party branch.
(4) Lead the ideological and political work of the unit, strengthen the construction of teacher ethics and style, and implement the ideological work responsibility system. We must keep a close eye on the political aspects of important tasks such as the introduction of teachers, curriculum construction, selection of teaching materials, and academic activities.
(5) Do a good job in the education and management of party members and cadres of the unit, and do a good job in the education and guidance of talents and contact services.
(6) Lead the group organization, academic organization and faculty representative assembly of the unit. Do a good job in the united front.
Article 12 The faculty and staff party branch carries out work around the reform, development and stability of the unit, implements the fundamental task of Lide and fosters people, and plays the role of education, management and supervision of party members and organizing publicity and cohesion to serve teachers and students. The main responsibilities are:
(1) Propaganda and implement the party’s line, principles and policies and the resolutions of higher-level party organizations, unite teachers, students and staff, and play a pioneering and exemplary role of party members in completing the tasks of teaching, scientific research and management;
(2) Participate in the decision-making of major issues of the unit, support the administrative person in charge of the unit to carry out work, and conduct political checks on the evaluation of faculty and staff titles, promotion of positions (staff ranks), assessment and evaluation, etc.;
(3) Do a good job in education, management, supervision and service of party members, hold regular organization life meetings, and carry out criticism and self-criticism;
(4) Cultivate and educate activists who join the party and do a good job in recruiting party members;
(5) Strengthen the construction of teachers' ethics and style, and conduct targeted ideological and political work;
(6) Keep close contact with the masses, often listen to the opinions and demands of teachers, students and employees, and safeguard their legitimate rights and interests.
Article 13 The student party branch shall strengthen ideological and political guidance, build the foundation of students' ideals and beliefs, and guide students to study hard, develop in an all-round way, and grow up healthily. The main responsibilities are:
(1) Propaganda and implement the party’s line, principles and policies and the resolutions of higher-level party organizations.
(2) Strengthen the education, management, supervision and service of student party members, and organize regular life meetings to carry out criticism and self-criticism. Give full play to the vanguard and exemplary role of student party members to influence and drive the majority of students to clarify their learning goals and complete their learning tasks.
(3) Organize student party members to participate in the management of student affairs and maintain the stability of the school. Support, guide and help the Youth League branch, class committee, and student associations to carry out their work according to the characteristics of the students, and give full play to the leading role of the student party members who retain their membership.
(4) Train and educate students to be active members of the party, and develop student party members in accordance with standards and procedures.
(5) According to the characteristics of students, do a good job of ideological and political education in a targeted manner.
Chapter 4 The Party's Disciplinary Inspection Work
Article 14 Colleges and universities shall establish the Party’s grass-roots discipline inspection committee (hereinafter referred to as the college discipline inspection committee). Disciplinary committees of colleges and universities are elected by the party member conference or party member representative conference, and work under the dual leadership of the party committee at the same level and the superior discipline committee. The higher-level disciplinary committees strengthen the leadership of the disciplinary committees of universities in terms of supervision and inspection and disciplinary review.
In the implementation of dispatching discipline inspection and supervision agencies to colleges and universities, the dispatched discipline inspection and supervision agencies shall perform disciplinary inspection and supervision duties according to their authorization, and supervise the party committees of the colleges and universities on behalf of the higher-level discipline inspection and supervision committee.
Article 15 The Disciplinary Committee of the University shall set up a special working organization with necessary staff.
The party committee of the university shall set up a disciplinary committee or a disciplinary inspection committee in the party committee of the college (department) level unit according to the specific situation. The party’s general branch committee and branch committee have disciplinary inspection committees.
Article 16 The Disciplinary Committee of Colleges and Universities is a special agency responsible for supervision within the party in colleges and universities, and it performs the duties of supervision, discipline and accountability. The main tasks are:
(1) Maintain the party constitution and other internal party laws and regulations, check the implementation of the party’s line, principles, policies and resolutions, and assist the party committee of colleges and universities to promote comprehensive and strict governance of the party, strengthen party style building, and organize and coordinate anti-corruption work.
(2) Regularly educate party members to observe discipline and make decisions about maintaining party discipline.
(3) Supervise the performance of duties and powers of party organizations and party members’ leading cadres, accept and dispose of party members’ reports and reports, and conduct conversation reminders and letter inquiries.
(4) Inspect and handle relatively important or complicated cases in which party organizations and party members violate the party constitution and other party regulations, and decide or cancel the sanctions against party members in these cases; conduct accountability or make recommendations for accountability.
(5) Accept complaints and appeals from party members and protect party members’ rights from being violated.
The Disciplinary Committee of Colleges and Universities shall deal with clues and cases that violate party discipline in strict accordance with their duties, powers and work procedures, and report the issues and results of handling particularly important or complex cases to the party committee at the same level and the higher-level discipline committee.
Chapter 5 Party Member Team Building
Article 17. Party organizations in colleges and universities should build a multi-level and multi-channel regular learning and education system for party members, strengthen political theory education and party history education, highlight political education and political training, and strengthen party constitution, party rules and party discipline education, party mission education, Revolutionary traditional education, situation policy education, and knowledge and skill education, promote the normalization and institutionalization of "two studies and one doing" learning and education, and establish and implement a system that does not forget the original intention and keeps the mission in mind.
Article 18 Strictly enforce the party’s organizational life, persist in conducting criticism and self-criticism, improve the quality of "three meetings and one lesson", hold democratic life meetings and organizational life meetings, and improve the implementation of the systems of heart-to-heart talks, democratic appraisal of party members, and theme party days , To ensure that the party’s organizational life is regular, serious, and serious.
Article 19 Strengthen the day-to-day management of party members, promptly transfer party members’ organizational relationships, and urge party members to pay party dues in full and on time. Strengthen the management and service of mobile party members, do a good job in the management of party members of graduates, study and study party members’ organizational relationships and party membership when they go abroad (overland). Caring about the ideology, study, work and life of party members, and improve the long-term mechanism of care and assistance within the party. Build a platform for party members to play a vanguard and exemplary role, and improve the work system for party members to contact and serve the masses. Properly dispose of unqualified party members and strictly enforce party discipline.
twentieth Article Respect the dominant status of party members, promote democracy within the party, protect the rights of party members, and promote open party affairs. Before discussing and deciding important matters, college party organizations should fully listen to the opinions of party members, and promptly report important situations within the party to party members.
Article 21. In accordance with the guidelines and relevant regulations of upholding standards, ensuring quality, improving structure, and prudent development, put political standards in the first place, strengthen education, training, and inspections of activists who join the party, and strengthen high-level talents and outstanding young people. The work of developing party members among teachers and outstanding students. Establish a system for direct contact between party members’ leading cadres and party members’ academic leaders to train teachers to join the party as activists. The promotion of youth league organizations is an important channel for identifying students to join the party activists. Establish a continuous training mechanism for party activists from high school to university, from university to postgraduate level, and increase efforts to recruit party members among junior college students.
Article 22 The party committee of a university shall establish a party school. The main task of the party school is to train party members, cadres and party activists.
Chapter VI Cadre and Talent Work
Article 23 The party committee of a university shall adhere to the principle of party management of cadres, and implement unified management of school cadres in accordance with the cadre management authority. In selecting and appointing cadres, we must highlight political standards, insist on having both ability and political integrity, putting morality first, insisting on appointing people from all corners of the world, appointing people on their merits, insisting on career-oriented, fairness and decent, insisting on actual performance and recognition by the masses, and strive to realize the revolutionary, younger, and knowledgeable cadre team To build a team of high-quality professional cadres who are loyal, clean and responsible.
The selection and appointment of middle-level management personnel of the school shall be carried out by the university’s party committee and its organization department in accordance with relevant regulations to conduct analysis, judgment, motion, democratic recommendation, and inspection, and fully listen to the opinions of relevant parties. After collective discussion and decision by the university’s party committee (standing committee), it shall be handled in accordance with the prescribed procedures.
Article 24 The Party organizations of colleges and universities (department) level units play a leading role in the construction of the cadre team, and work with the administrative leaders of the unit to do a good job in the education, training, selection, assessment and supervision of the cadres of the unit, as well as student guidance Staff and class teacher’s allocation and management.
Regarding the allocation of the administrative leadership team of the college (department) level unit and the selection of its members, the party organization of the unit can make suggestions to the school party committee and assist the school party committee organization department to conduct inspections.
Article 25 The Party committee of colleges and universities shall establish and improve the system for the discovery, training and selection of outstanding young cadres, formulate and implement a plan for the construction of a team of young cadres, and boldly select and use outstanding young cadres who have passed the test of practice. Coordinate the training and selection of female cadres, minority cadres and non-party cadres.
Article 26 The party committee of colleges and universities shall adhere to the principle of party management over talents, implement the strategy of strengthening the country with talents, implement a more active, more open, and more effective talent policy, improve talent training, introduction, use, evaluation, flow, and incentive mechanisms, and vigorously promote scientists Spirit, create a working environment that focuses on educating people, focusing on scientific research, and stimulating creativity, make good use of outstanding talents in and outside the party, at home and abroad, and form a good situation of talents coming out in large numbers and making full use of their talents. Strengthen the political guidance and political absorption of talents, improve the working system of the party organization to contact service experts, and continuously improve the ideological and political quality and professional quality of all kinds of talents.
Chapter 7 Ideological and Political Work
Article 27 The party committee of a university should firmly grasp the party's leadership over the ideological work of the school, and lead the ideological and political work of the school in a unified manner. Give full play to the role of the administrative system, group organizations, academic organizations, and the majority of faculty and staff to jointly do ideological and political work.
Article 28. Party organizations in colleges and universities should put the education of ideals and beliefs in the first place, educate teachers and students on Marxism-Leninism, Mao Zedong Thought, and the theoretical system of socialism with Chinese characteristics, and promote Xi Jinping’s new era of socialism with Chinese characteristics into teaching materials, Enter the classroom, enter the mind, do a good job in the education of the party’s basic line, patriotism, collectivism, and socialist ideological education, party history, new China history, reform and opening history, socialist development history education, Chinese excellent traditional culture, revolutionary culture, Socialist advanced culture education, national conditions education, situation policy education, socialist democracy and rule of law education, national security education, and national unity and progress education. Integrate the cultivation and practice of core socialist values into the whole process of college students’ ideological and political education and the construction of teacher ethics, helping teachers and students establish a correct outlook on the world, outlook on life and values, and strengthen their confidence in the path of socialism with Chinese characteristics and theoretical confidence , System self-confidence, cultural self-confidence.
Article 29 The Party organization in colleges and universities should take the establishment of morality as a fundamental task, build a system of ideological and political work, and strengthen the management of ideological positions. Give full play to the role of the main channel of classroom teaching, run ideological and political theory courses, promote the construction of ideological and political courses, expand effective ways of ideological and political education for college students in the new era, and form a good atmosphere and working mechanism for all-round education of all employees.
Article 30 Ideological and political work shall adhere to the integration of theory with practice, regularly analyze the ideological trends of students and employees, adhere to the combination of solving ideological problems and solving practical problems, pay attention to humanistic care and psychological counseling, distinguish different levels, and adopt multiple methods to promote The traditional advantages of ideological and political work are highly integrated with information technology to enhance the pertinence and effectiveness of ideological and political work.
Chapter 8 Leadership of Group Organizations
Article 31 Party committees of colleges and universities shall study major issues in the work of trade unions, Communist Youth Leagues, women’s organizations, student unions (graduate unions), and academic organizations, strengthen the management of student associations, and support them to carry out their work in accordance with the law and their respective constitutions.
Article 32 The party committee of the university leads the faculty and staff congress, supports the faculty and staff congress in the correct exercise of its powers, and plays an active role in participating in the democratic management and supervision of the school, and safeguarding the legitimate rights and interests of the faculty and staff.
Chapter 9 Leadership and Guarantee
Article 33. Party committees at all levels and their relevant departments, as well as the party groups (party committees) of relevant state organs, should regard the construction of primary-level party organizations in colleges and universities as an important part of the party building work, place them in a prominent position, incorporate them into the overall deployment, adhere to the principle of territorial management, and adhere to management. The team management business is combined with the management of party building and ideological and political work to form a unified leadership by the party committee, the education work leadership group takes the lead in coordination, and the discipline inspection agency and the organization, publicity, united front, education and other departments closely cooperate and manage together.
Article 34: Party committees at all levels and their relevant departments, as well as the party groups (party committees) of relevant state organs, shall reasonably set up departments and institutions responsible for party building in colleges and universities, and the educational work departments of party committees at all levels shall have internal institutions that specifically undertake the functions of party building in colleges and universities. Equipped with strong staff.
According to the needs of the work, the party committees of colleges and universities set up offices, organization departments, propaganda departments, united front departments and departments for teacher, student, and security work based on the principles of being lean and efficient and conducive to strengthening party building.
Article 35 In accordance with the standards of socialist politicians and educators, select and match the party secretaries and principals of colleges and universities, and select and assign outstanding cadres who are politically sound, good in character, proficient in business, enterprising, and daring to assume leadership positions in the school. If members of the school’s administrative leadership team are party members, they should generally join the party committee’s standing committee or a party committee that does not have a standing committee. The secretary of the Commission for Discipline Inspection, the Minister of Organization, the Minister of Propaganda, and the Minister of United Front Work shall generally be members of the Standing Committee of the Party Committee or members of the Party Committee without a Standing Committee.
Colleges and universities should, in accordance with the requirements of full-time focus, full-time integration, sufficient numbers, and good quality, incorporate party affairs and ideological and political work team building into the overall plan for the construction of the school's talent team, and improve the selection, training, and incentive mechanism. Full-time party staff and ideological and political staff should be fully staffed in the establishment, and the total number should not be less than 1% of the total number of teachers and students in the school. Each college (department) should be equipped with at least 1 to 2 full-time organizers. The position of full-time counselor shall be set according to the ratio of not less than 1:200, and the position of full-time ideological and political theory teachers shall be determined according to the ratio of not less than 1:350. Improve the guarantee mechanism to provide funding and material support for school party building and ideological and political work.
Article 36 Party building and ideological and political work in colleges and universities should be included in inspections and inspections, as an important basis for the comprehensive evaluation of the school leadership team and the selection and appointment of leaders, and as an important content of the evaluation of the effectiveness of work such as "double first-class" construction. Carry out the work of the party organization secretary to grasp the basic-level party building report, appraisal and assessment work, and strengthen the application of the assessment results. Insufficient attention to party building and ideological and political work and poor implementation should be promptly reminded and interviewed; if serious problems occur, they should be held accountable and accountable in accordance with relevant regulations, and the rectification and implementation of problems should be supervised and implemented.
Chapter 10 Supplementary Provisions
Article 37 These regulations are applicable to ordinary higher education institutions run by the state.
The work of party organizations in military academies is carried out in accordance with the relevant regulations of the Central Committee of the Communist Party of China and the Central Military Commission.
Article 38 The Central Organization Department is responsible for the interpretation of these regulations.
Article 39 These regulations shall come into force on the date of promulgation.
(Xinhua News Agency, Beijing, April 22)
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1
2 An act relating to postsecondary education; amending
3 ss. 1001.03 and 1001.706, F.S.; defining the terms
4 "intellectual freedom and viewpoint diversity" and
5 "shield"; requiring the State Board of Education and
6 the Board of Governors, respectively, to annually
7 assess intellectual freedom and viewpoint diversity at
8 certain institutions; providing requirements for the
9 assessment; authorizing the State Board of Education
10 to adopt rules; prohibiting the State Board of
11 Education and the Board of Governors, respectively,
12 from shielding certain students, faculty, or staff
13 from certain speech; amending s. 1004.097, F.S.;
14 defining the term "shield"; providing that certain
15 faculty communications are protected expressive
16 activity; prohibiting specified entities from
17 shielding students, faculty, or staff from certain
18 speech; authorizing students at public postsecondary
19 institutions to record video and audio in classrooms
20 for specified purposes; prohibiting the publication of
21 certain video or audio recordings; providing
22 exception; revising available remedies for certain
23 causes of action to include damages; providing that
24 such damages and specified costs and fees must be paid
25 from nonstate funds; providing a cause of action
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26 against a person who publishes certain video or audio
27 recordings; providing a limitation on the amount that
28 can be recovered; amending s. 1004.26, F.S.; requiring
29 university student governments to adopt certain
30 internal procedures; providing requirements for such
31 procedures; amending s. 1006.60, F.S.; requiring the
32 State Board of Education and the Board of Governors to
33 require certain institutions to adopt codes of
34 conduct; providing requirements for such codes of
35 conduct; providing that such codes of conduct include
36 certain due process rights; providing an effective
37 date.
38
39 Be It Enacted by the Legislature of the State of Florida: 40
41 Section 1. Subsection (19) is added to section 1001.03,
42 Florida Statutes, to read:
43 1001.03 Specific powers of State Board of Education.—
44 (19) INTELLECTUAL FREEDOM AND VIEWPOINT DIVERSITY
45 ASSESSMENT.—
46 (a) For the purposes of this subsection, the term:
47 1. "Intellectual freedom and viewpoint diversity" means
48 the exposure of students, faculty, and staff to, and the
49 encouragement of their exploration of, a variety of ideological
50 and political perspectives.
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51 2. "Shield" means to limit students', faculty members', or
52 staff members' access to, or observation of, ideas and opinions
53 that they may find uncomfortable, unwelcome, disagreeable, or
54 offensive.
55 (b) The State Board of Education shall require each
56 Florida College System institution to conduct an annual
57 assessment of the intellectual freedom and viewpoint diversity
58 at that institution. The State Board of Education shall select
59 or create an objective, nonpartisan, and statistically valid
60 survey to be used by each institution which considers the extent
61 to which competing ideas and perspectives are presented and
62 members of the college community, including students, faculty,
63 and staff, feel free to express their beliefs and viewpoints on
64 campus and in the classroom. The State Board of Education shall
65 annually compile and publish the assessments by September 1 of
66 each year, beginning on September 1, 2022. The State Board of
67 Education may adopt rules to implement this paragraph.
68 (c) The State Board of Education may not shield students,
69 faculty, or staff at Florida College System institutions from
70 free speech protected under the First Amendment to the United
71 States Constitution, Art. I of the State Constitution, or s.
72 1004.097.
73 Section 2. Subsection (13) is added to section 1001.706,
74 Florida Statutes, to read:
75 1001.706 Powers and duties of the Board of Governors.—
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76 (13) INTELLECTUAL FREEDOM AND VIEWPOINT DIVERSITY
77 ASSESSMENT.—
78 (a) For the purposes of this subsection, the term:
79 1. "Intellectual freedom and viewpoint diversity" means
80 the exposure of students, faculty, and staff to, and the
81 encouragement of their exploration of, a variety of ideological
82 and political perspectives.
83 2. "Shield" means to limit students', faculty members', or
84 staff members' access to, or observation of, ideas and opinions
85 that they may find uncomfortable, unwelcome, disagreeable, or
86 offensive.
87 (b) The Board of Governors shall require each state
88 university to conduct an annual assessment of the intellectual
89 freedom and viewpoint diversity at that institution. The Board
90 of Governors shall select or create an objective, nonpartisan,
91 and statistically valid survey to be used by each state
92 university which considers the extent to which competing ideas
93 and perspectives are presented and members of the university
94 community, including students, faculty, and staff, feel free to
95 express their beliefs and viewpoints on campus and in the
96 classroom. The Board of Governors shall annually compile and
97 publish the assessments by September 1 of each year, beginning
98 on September 1, 2022.
99 (c) The Board of Governors may not shield students,
100 faculty, or staff at state universities from free speech
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protected under the First Amendment to the United States Constitution, Art. I of the State Constitution, or s. 1004.97.
Section 3. Paragraph (a) of subsection (3) and subsection (4) of section 1004.097, Florida Statutes, are amended, paragraph (f) is added to subsection (2), and paragraphs (f) and (g) are added to subsection (3) of that section, to read:
1004.097 Free expression on campus.— (2) DEFINITIONS.—As used in this section, the term: (f) "Shield" means to limit students', faculty members',or staff members' access to, or observation of, ideas and opinions that they may find uncomfortable, unwelcome, disagreeable, or offensive.
(3) RIGHT TO FREE-SPEECH ACTIVITIES.—(a) Expressive activities protected under the First Amendment to the United States Constitution and Art. I of the State Constitution include, but are not limited to, any lawful oral or written communication of ideas, including all forms of peaceful assembly, protests, and speeches; distributing literature; carrying signs; circulating petitions; faculty research, lectures, writings, and commentary, whether published or unpublished; and the recording and publication, including the Internet publication, of video or audio recorded in outdoor areas of campus. Expressive activities protected by this section do not include defamatory or commercial speech.
(f) A Florida College System institution or a state
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126 university may not shield students, faculty, or staff
127 expressive activities.
128 (g) Notwithstanding s. 934.03 and subject to the
129 protections provided in the Family Educational Rights
130 Privacy Act of 1974, 20 U.S.C. s. 1232g and ss. 1002.22 and
131 1002.225, a student may record video or audio of class lectures
132 for their own personal educational use, in connection with a
133 complaint to the public institution of higher education where
134 the recording was made, or as evidence in, or in preparation
135 for, a criminal or civil proceeding. A recorded lecture may not
136 be published without the consent of the lecturer.
137 (4) CAUSE OF ACTION.—A person injured by a violation of
138 whose expressive rights are violated by an action prohibited
139 under this section may bring an action:
140 (a) Against a public institution of higher education based
141 on the violation of the individual's expressive rights in a
142 court of competent jurisdiction to obtain declaratory and
143 injunctive relief and may be entitled to damages plus court
144 costs and reasonable attorney fees, which may only be paid from
145 nonstate funds, reasonable court costs, and attorney fees.
146 (b) Against a person who has published video or audio
147 recorded in a classroom in violation of paragraph (3)(g) in a
148 court of competent jurisdiction to obtain declaratory and
149 injunctive relief and may be entitled to damages plus court
150 costs and reasonable attorney fees, with the total recovery not
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to exceed $200,000. Section 4. Paragraph (d) is added to subsection (4) of
section 1004.26, Florida Statutes, to read: 1004.26 University student governments.— (4) (d) Notwithstanding any other provision of law, eachstudent government shall adopt internal procedures providing an elected or appointed officer of the student government who has been disciplined, suspended, or removed from office, the right to directly appeal such decision to the vice president of student affairs or other senior university administrator designated to hear such appeals. The internal procedures shall not condition the exercise of such right on the consideration or decision of any student panel, including, but not limited to, any student judiciary, or place any condition precedent on the exercise of such right granted by this paragraph.
Section 5. Section 1006.60, Florida Statutes, is amended to read:
1006.60 Codes of conduct; disciplinary measures; authority to adopt rules or regulations.—(1) The State Board of Education and the Board of Governors, respectively, shall require, each Florida College System institution to may adopt, by rule, and each state university to may adopt, by regulation, codes of conduct and appropriate penalties for violations of rules or regulations by
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176 students, to be administered by the institution. Such penalties,
177 unless otherwise provided by law, may include: reprimand;
178 restitution; fines; withholding of diplomas or transcripts
179 pending compliance with rules or regulations, completion of any
180 student judicial process or sanction, or payment of fines;
181 restrictions on the use of or removal from campus facilities;
182 community service; educational requirements; and the imposition
183 of probation, suspension, dismissal, or expulsion.
184 (2) The State Board of Education and the Board of
185 Governors, respectively, shall require, each Florida College
186 System institution to may adopt, by rule, and each state
187 university to may adopt, by regulation, a code of conduct and
188 appropriate penalties for violations of rules or regulations by
189 student organizations, to be administered by the institution.
190 Such penalties, unless otherwise provided by law, may include:
191 reprimand; restitution; suspension, cancellation, or revocation
192 of the registration or official recognition of a student
193 organization; and restrictions on the use of, or removal from,
194 campus facilities.
195 (3) The codes of conduct shall be published on the Florida
196 College System institution's or state university's website,
197 protect the rights of all students, and, at minimum, provide the
198 following due process protections to students and student
199 organizations:
200 (a) The right to timely written notice. The code must
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201 require that the institution or university provide a student or
202 student organization with timely written notice of the student's
203 or student organization's alleged violation of the code of
204 conduct. The notice must include sufficient detail and be
205 provided with sufficient time to prepare for any disciplinary
206 proceeding.
207 1. The written notice must include the allegations to be
208 investigated, the citation to the specific provision of the code
209 of conduct at issue, the process to be used in determining
210 whether a violation has occurred and associated rights, and the
211 date, time, and location of the disciplinary proceeding.
212 2. The written notice is considered timely if it is
213 provided at least 7 business days before the disciplinary
214 proceeding and may be provided by delivery to the student's
215 institutional e-mail address, and if the student is under 18
216 years of age, to the student's parent or to the student
217 organization's e-mail address.
218 3. At least 5 business days before the disciplinary
219 proceeding, the institution or university must provide the
220 student or student organization with:
221 a. A listing of all known witnesses that have provided, or
222 will provide, information against the student or student
223 organization.
224 b. All known information relating to the allegation,
225 including inculpatory and exculpatory information.
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(b) The right to a presumption that no violation occurred. The institution has the burden to prove, by a preponderance of the evidence, that a violation has taken place. Preponderance of the evidence means that the information presented supports the finding that it is more likely than not that the violation of the code of conduct was committed by the student or student organization.
(c) The right to an impartial hearing officer.
(d) The right against self-incrimination and the right to remain silent. Such silence may not be used against the student or student organization.
(e) The right to present relevant information and question witnesses.
(f) The right to an advisor or advocate who may not serve in any other role, including as an investigator, decider of fact, hearing officer, member of a committee or panel convened to hear or decide the charge, or any appeal.
(g) The right to have an advisor, advocate, or legal representative, at the student's or student organization's own expense, present at any proceeding, whether formal or informal. Such person may directly participate in all aspects of the proceeding, including the presentation of relevant information and questioning of witnesses.
(h) The right to appeal the final decision of the hearing officer, or any committee or panel, directly to the vice
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251 president of student affairs, or any other senior administrator
252 designated by the code of conduct, who must hear the appeal and
253 render a final decision. The vice president of student affairs
254 or person designated by the code of conduct to hear the appeal
255 may not have directly participated in any other proceeding
256 related to the charged violation.
257 (i) The right to an accurate and complete record of every
258 disciplinary proceeding relating to the charged violation of the
259 code, including record of any appeal, to be made, preserved, and
260 available for copying upon request by the charged student or
261 student organization.
262 (j) A provision setting a time limit for charging a
263 student or student organization with a violation of the code of
264 conduct, and a description of those circumstances in which that
265 time limit may be extended or waived.
266 (4)(3) Sanctions authorized by such codes of conduct may
267 be imposed only for acts or omissions in violation of rules or
268 regulations adopted by the institution, including rules or
269 regulations adopted under this section, rules of the State Board
270 of Education, rules or regulations of the Board of Governors
271 regarding the State University System, county and municipal
272 ordinances, and the laws of this state, the United States, or
273 any other state.
274 (5)(4) Each Florida College System institution may
275 establish and adopt, by rule, and each state university may
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276 establish and adopt, by regulation, codes of appropriate
277 penalties for violations of rules or regulations governing
278 student academic honesty. Such penalties, unless otherwise
279 provided by law, may include: reprimand; reduction of grade;
280 denial of academic credit; invalidation of university credit or
281 of the degree based upon such credit; probation; suspension;
282 dismissal; or expulsion. In addition to any other penalties that
283 may be imposed, an individual may be denied admission or further
284 registration, and the institution may invalidate academic credit
285 for work done by a student and may invalidate or revoke the
286 degree based upon such credit if it is determined that the
287 student has made false, fraudulent, or incomplete statements in
288 the application, residence affidavit, or accompanying documents
289 or statements in connection with, or supplemental to, the
290 application for admission to or graduation from the institution.
291 (6)(5) Each Florida College System institution shall adopt
292 rules and each state university shall adopt regulations for the
293 lawful discipline of any student who intentionally acts to
294 impair, interfere with, or obstruct the orderly conduct,
295 processes, and functions of the institution. Said rules or
296 regulations may apply to acts conducted on or off campus when
297 relevant to such orderly conduct, processes, and functions.
298 Section 6. This act shall take effect July 1, 2021.
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