Many students say the anti-sex policy makes no sense.
"To claim non-marital sex has taken place, evidence is required. And to catch
students having sex 'red-handed' is usually impossible," said one student,
code-named cxjding, writing on the university's Internet bulletin board. "I
think the policy is more about the university's attitude (towards the issue)
than practicality," another student wrote.
The new disciplinary codes should go in force in September after necessary
revisions.
The university, celebrating its centenary year this year, refused to comment.
"The old ethics are negative towards non-marital sex. But when it comes to
punishment, you've got to justify it," said Wu Dong, a lawyer with the Shanghai
M&A Law Firm.
"Universities are supposed to educate students and be fair. In some cases a
university needs to administer and discipline student affairs but such power
should be authorized by the education authorities and should not be at odds
with the law," Wu said.
The draft disciplinary codes are an answer to the Ministry of Education's
reform of university administration. The ministry issued a set of provisions on
administration in higher educational institutions at the end of March, and
required all universities and colleges to revise their administrative codes
before September.
The new decree scrapped a decade-old ban on student marriage, under growing
challenges over the constitutionality of such a ban. But it did not touch on
the issue of sex.
It also requires universities to "be factually accurate and just in procedure"
in punishing students.
"The new decree removes punishment articles that do not have a legal basis or
are vague about the nature of punishable deeds It will help reduce the
randomness, uncertainty and unpredictability of punishment," said Lin Huiqing,
director of the ministry's Student Affairs Department, in March.
"It is inappropriate to define students' sexual activities as something
detrimental to a university's public interest and order and to impose
punishment for it," said Wu.
"Such disciplinary policies are not commensurate with the high reputation Fudan
enjoys as a leading university in our country."
China's Marriage Law puts the legal age for marriage at 22 for men, and 20 for
women.
