Universities' dormitory assignment based on gaokao rankings sparks controversy—what should students who want to drop out do? Lawyer analyzes the boundary between accommodation arrangements and the right to education.
Recently, a university in Hunan assigned dormitories based on college entrance exam score rankings, which resulted in a student ranked 260th sharing a room with a student ranked 2600th. The student became dissatisfied and even threatened to drop out. The university president later responded: if students indeed have concerns, they may apply for a dormitory change. The incident quickly sparked heated discussion and trended on hot search. On the surface, it appears to be a dormitory allocation issue, but behind it lie multiple legal topics including university administrative autonomy, students' right to equality, contractual relationships, and even withdrawal procedures.
As a lawyer who has long handled education disputes and contract cases, I believe this matter cannot be summed up by the word "fussiness." Does a university's dormitory arrangement constitute an infringement of students' rights and interests? Can students therefore claim withdrawal from school and demand a tuition refund? What does the school's response legally signify? This article will break down each of these issues from the perspective of legal practice.
First, does allocating dormitories by ranking in universities infringe on students' right to equality?
First, it should be clarified that China's Education Law and the Regulations on the Management of Students in Regular Institutions of Higher Education (Ministry of Education Order No. 41) do not prohibit universities from assigning dormitories based on specific criteria. As the main entities responsible for running educational institutions, universities enjoy a certain degree of autonomous management authority, including teaching arrangements, daily life management, and even dormitory allocation. However, this authority is not without limits.
From the perspective of the Civil Code, a contractual relationship for educational services is established between students and higher education institutions. As dormitories are supporting services for education and teaching, their allocation should follow the principles of fairness and reasonableness. If a university uses only college entrance examination scores as the sole criterion to classify students into "different tiers," it may constitute a denigration of the personal dignity of certain students, potentially violating the analogy of Article 1009 of the Civil Code concerning "medical and scientific research activities related to human genes, human embryos, and the like"—although this provision does not directly apply, the legislative spirit is consistent, namely, that individuals shall not be instrumentalized or hierarchically categorized.
In judicial practice, courts have generally adopted a cautious approach in similar cases. For instance, a local court once heard a dispute over the right to reputation arising from seating arrangements based on academic performance. The court held that while the school's management action had a certain degree of reasonableness, if the method caused mental harm to students in an inappropriate manner, the school should bear corresponding liability. Similarly, if dormitory allocation is clearly discriminatory, affected students may assert infringement of their right to reputation or personal dignity under Article 1024 of the Civil Code.
However, in this particular case, it is difficult to directly deem it illegal based solely on the "ranking gap." If the university argues that the move is intended to "motivate learning" or "optimize resources," the court is likely to respect its professional judgment. To defend their rights, students would need to gather more substantive evidence, such as whether the school regulations were made public and whether appeal channels were provided.
2. If a student wants to drop out due to dissatisfaction with dormitory allocation, can the tuition fees be refunded?
In the incident, the student threatened to "drop out," which touches on the legal issue of termination of the education contract. According to Article 30 of the Regulations on the Administration of Students in Regular Institutions of Higher Education, if a student personally applies to withdraw from school, the withdrawal procedures may be processed upon the school's review and approval. However, the refund of tuition fees is not automatically made in full.
According to the "Opinions on Further Strengthening and Regulating the Management of Education Fees" jointly issued by the Ministry of Education and four other departments, after a student withdraws from school, the institution should refund the remaining tuition and accommodation fees on a monthly basis based on the actual duration of study. Specific refund ratios are detailed by each province; for example, Hunan Province's "Interim Provisions on Refunds for Students Withdrawing from Higher Education Institutions" stipulates that students who withdraw within one month after the start of the semester are entitled to a 70% tuition refund, with the percentage decreasing proportionally after more than one month.
However, it should be noted that the refund applies only to the "unconsumed portion," not punitive damages. If the student withdraws solely because of a roommate's low ranking, the school has the right to deduct teaching and administrative fees already incurred. In practice, there have been cases where students sued schools for full refunds due to dissatisfaction with dormitory conditions, and the court ultimately only supported a partial refund of accommodation fees, with tuition non-refundable, on the grounds that the student had already received teaching services.
Lawyers advise that students should avoid impulsively dropping out of school. Once withdrawal procedures are completed, the student's enrollment status is cancelled, making it extremely difficult to re-enroll or transfer to another school. A more rational approach is to submit a written appeal to the school's student appeal committee in accordance with Article 47 of the Regulations on the Administration of Students in Regular Institutions of Higher Education, requesting a dormitory change or reassignment. If the school refuses without justifiable reasons, students may also file a complaint with the provincial education administrative department.
Third, what does the principal's response of "room change allowed" mean legally?
The principal's public statement, though not a formal administrative decision, can be legally regarded as a form of "commitment." Under Article 472 of the Civil Code, if the content of an offer is specific and definite, a contract is established once the other party accepts it. As the legal representative of the university, the principal's public indication that "applications for transfer may be submitted" constitutes a unilateral undertaking to unspecified students. When students submit applications based on this, the university may not refuse without legitimate justification.
This statement also indirectly acknowledges that there were flaws in the original allocation plan. If the school subsequently treats students who apply for room changes differently or sets up hidden barriers, it may violate the principle of good faith under Article 7 of the Civil Code, and students may claim that the school bears liability for negligence in contracting or liability for breach of contract.
Moreover, the principal's response reflects the error-correction mechanism of universities under public opinion pressure. From a compliance perspective, universities should take this as an opportunity to improve dormitory allocation rules. For instance, introducing a model of "preference submission plus random lottery," or comprehensively considering factors such as geographic region and living habits, rather than relying solely on scores. This not only aligns with the principle of "equality and fairness" under Article 5 of the Regulations on the Administration of Students in Regular Institutions of Higher Education, but also helps reduce disputes.
IV. Frequent Similar Incidents: How Can Disputes Between Universities and Students Be Resolved?
In recent years, cases of students suing universities over dormitory allocation, scholarship evaluation, and club management have been increasing year by year. In 2019, a "Double First-Class" university was sued by students for housing some graduate students in an abandoned teaching building, and the court ruled that the university must pay compensation for emotional distress. In 2022, a university in Beijing was sued over a forced "dormitory relocation," which was ultimately resolved through mediation. These cases show that students' awareness of rights protection is awakening, and the judiciary is gradually clarifying the boundaries of university administrative authority.
For universities, a complete mechanism should be established that includes advance disclosure, communication during the process, and an appeals process afterward. Dormitory allocation rules must be published in advance, with records kept of students' informed consent. For students with genuine special needs (such as physical disabilities or mental health conditions), a green channel should be provided.
For students, rights protection should follow legal channels rather than resorting to public opinion. They may first communicate with their counselor or dormitory manager, then report the issue to the student affairs office or the president's mailbox, and finally pursue an appeal or litigation procedure. According to Article 2 of the Administrative Procedure Law, if the institution is a public university, its decisions on expulsion or disciplinary action constitute administrative acts and may be challenged through administrative litigation; if it is a private university, the matter shall be handled as a civil contract dispute.
V. Lawyer's Advice: Exercise Rights Rationally to Avoid a "Lose-Lose" Outcome
Returning to this incident, if that student ranked 260th truly dropped out because of a roommate's ranking, the one losing out is their own future. Administrative flaws in universities should not be paid for by students. My suggestion is:
First, preserve evidence. This includes dormitory assignment notices, screenshots of the principal's response, and records of communication with the counselor, to be prepared for appeals or legal proceedings if needed.
Second, submit a written appeal. In accordance with Article 47 of the Regulations on the Administration of Students in Regular Institutions of Higher Education, file a formal application with the university's appeal committee, requesting reassignment and stating the reasons. If the university fails to respond within 15 working days, a complaint may be lodged with the higher education authorities.
Third, assess the consequences of dropping out. Dropping out will affect your student status, academic records, and status as a fresh graduate, and may even impact future graduate school applications and employment. Without a new school to accept you, do not casually mention dropping out.
Fourth, seek professional assistance. If the matter involves tuition refunds, reputation rights disputes, or administrative litigation, it is advisable to consult a professional lawyer. Guangdong Zhiming Law Firm has long focused on legal issues in the education sector and has represented multiple disputes between students and universities, offering clients full-process services from negotiation to litigation.
The dormitory dispute may seem trivial, but it actually concerns educational fairness and the spirit of the rule of law. Universities should take this as an opportunity to reflect on the "one-size-fits-all" mindset in their management; students, too, should learn to express their demands within the framework of rules. Only in this way can campuses truly become a pure land for teaching and learning, rather than a hierarchical arena.
