Breaking the rules overseas

By Chang Meng Source:Global Times Published: 2013-5-1 23:58:01

Students relax at the University of Western Australia in Perth, Australia, on February 27, 2012. Photo: CFP
Students relax at the University of Western Australia in Perth, Australia, on February 27, 2012. Photo: CFP

When you fail your master's degree dissertation, your options become somewhat limited. You could try rewriting it, delay your graduation or perhaps appeal the grade, but Li Yang, a 26-year-old Chinese graduate student studying at the UK's University of Bath, recently discovered you should not try to bribe your professor.

And under no circumstances should you take a replica air pistol into the room, and casually have it "fall" out of your coat after your £5,000 ($7,786) bribe was rejected.

Li was sentenced to a year in jail after attempting to bribe his professor, Andrew Graves, on November 23, 2012. Li had received a 37 percent grade on his dissertation, just short of the 40 percent required.

Li's lawyer claimed that the act was impulsive, and that he had only been carrying the gun to feel safe. This did not sway the judge, who in response to Li's guilty plea, ruled on April 23 that Li's act had "undermined the integrity of universities in the UK and the legitimacy of degrees from universities here." Li was found guilty of bribery and possessing an imitation firearm in a public place.

The case put a spotlight on the deeds and misdeeds of Chinese students overseas, who may not understand the rules of the foreign country, or the fact that authorities may be less likely to overlook their indiscretions.

Academic integrity

Li was originally charged with possession of a firearm and intentionally threatening others. "He would have served four to six years if convicted of that," Kang Qing, one of Li's lawyers, told the Global Times.

Li's good character and remorse were taken into consideration by the judge, however, his identity as "the son of a respected official and businessman in China" ignited outrage in China, where many are keen to criticize "the official-businessman" class over a perceived willingness to break or bend laws for personal gain.

In cases involving international students and academic fraud, Chinese students have repeatedly been highlighted as likely offenders, particularly during the admissions process. In one example in New Zealand in November, 231 Chinese students were involved in a scandal of faked applications, resulting in 16 of them being deported.

A 2010 report by Zinch, a popular US education website, reminded US universities to watch out for fabricated recommendation letters, essays, transcripts, financial aid applications and awards of Chinese students.

"We have difficulties doing background checks on every applicant so we are inviting more alumni to help with interviews for more stringent screening," an admissions officer with the University of Virginia told the Global Times.

"Parents help their children polish their poor transcripts or troubled background by pulling strings, and we hear stories of them being punished for this while overseas every year, which means it's also a problem in terms of families and education," a senior admissions consultant in Beijing who asked to remain anonymous, told the Global Times.

Problems continue during college studies. Gifts including scarves or wine are frequently given to professors by Chinese students "in exchange for a good impression, or sometimes explicitly to get a better grade on the final exam," said Helena Shi, a senior at the University of Minnesota, a sentiment echoed by a number of students studying in various countries that the Global Times spoke to.

"It's a cultural tradition in China called reciprocity, but is often rejected here (in the US) if you have an agenda. To me, logically, it seems no different to bribery," Shi told the Global Times.

Li's punishment has prompted reflection on the current status quo in China. "It's no secret that many people give bribes in order to get project funds or publish papers at many institutions. We feel angry but are struggling to change the entire system," a professor surnamed Shao with Peking University told the Global Times.

A cultural issue?

Tang Peng, a Chinese student studying in Iowa found guilty of rape, made headlines in April last year after his parents attempted to bribe the victim to persuade her to change her testimony. The parents were also arrested. But the prosecutor later dropped the charge against the parents due to "cultural differences."

Li's lawyer also attempted to play the "cultural differences" card, and said that this was why he carried a large amount of cash, which was a common habit in China. However, many Chinese people were horrified to discover that illegal behavior was being labeled a cultural tradition.

"I learned my biggest lesson ever while serving a month last year, after speeding at almost twice the limit and attempting to flee from the police. I intuitively tried to sneak some cash to the cop, but was stopped by my friend, who said it would be worse if I did," a New York-based student surnamed Lu told the Global Times.

His US driver's license was permanently revoked and the incident also cost him his working visa.

However, there are factors that make bribery a more attractive choice in China. According to the criminal law, bribe-taking has a lower threshold before it constitutes a crime and a tougher punishment than bribery, which makes the legal costs smaller. At the same time, those found guilty of bribery can have their penalties reduced by providing evidence to law enforcers.

"On the other hand, those who offer bribes are often considered the weak party compared with the more powerful bribe-takers, and the public likes to see corrupt officials being punished - this eventually formed an attitude in society where using money or gifts in exchange for interests is not 'bribery' or crime, but a 'favor,'" Guo Rui, a Beijing-based attorney, told the Global Times.

Shao noted that Chinese traditions that place a high priority on status might have also resulted in the situation. "You don't want to lose, so counterfeiting and exchanging favors are simple ways to reach the goal that were otherwise unattainable," he said.

There are many, however, who think this is no excuse. "Cultural difference is not a fig leaf of ignorance of the law or an excuse to evade responsibility," said Xue Yong, assistant professor at Suffolk University in Boston, in his Sina column.

"Knowledge and awareness of the law is a basic understanding and young people should take it seriously, especially in developed societies, as on a lot of occasions, a simple claim of 'cultural and communication misunderstanding' is so weak in the face of misconduct no matter how remorseful you may be," said Kang.



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