Purpose

The purpose of this paper is to investigate whether Taiwan universities’ academic dismissal policies comply with the constitutional requirement of being reasonable and appropriate, specified in Judicial Yuan Interpretation No. 563, from the evidence of an empirical study.

Design/methodology/approach

This paper first critically examines the content and design of universities’ academic dismissal policies from the perspective of Judicial Yuan Interpretation No. 563, and then discusses whether such academic dismissal policies are reasonable and appropriate via a comparison with the policies of dismissal due to misconducts. Then, based on the academic achievements, academic scores, and failing grades of the National Chengchi University undergraduate students during the 2007-2017 academic years, this paper explores whether the academic dismissal policies as a tool for dismissing students from universities are reasonable and appropriate.

Findings/results

An empirical study of the three different dismissal policies of National Chengchi University during the 2007-2017 academic years proves that, under several indexes of GPA (Grade Point Average) based on numerical grades and CPR (Credit Pass Rate), students with relatively better academic performances have been dismissed. Such policies thus seriously violate the constitutional requirement of Interpretation No. 563, that the punishment of dismissal be applied to ‘students whose grades are below a certain standard’ and contradict the required goal ‘to guarantee that the conferment of a degree upholds a certain standard’. More importantly, the more lenient the policy, the more unfair dismissals there are.

Originality/value

Recent voices advocating the abolition of universities’ dismissal polices are mostly from the theoretical perspectives of law and education, none based on evidence from empirical findings. The research reported in this paper fills this important research gap. The empirical evidence obtained clearly demonstrates the unreasonable consequences of these academic dismissal policies, and thus their conflict with Judicial Yuan Interpretation No. 563.

Suggestions/implications

Starting from the empirical evidence regarding the dismissal policies, this paper reviews several studies of university institutional research to illustrate the multiple factors behind a student’s academic performance, including the student’s physical and mental health, and the student’s financial circumstances, the teaching quality, the learning environment, etc; thus, a student alone should not bear all the blame and receive the ultimate punishment. We also demonstrate the negative effects of academic dismissals on the interaction between teachers and students. Universities should replace the academic dismissal policies with active and appropriate mechanisms of early warning and consultation.