Regulations for Studies
Enrollement and Reenrollment
Article 1: New high school graduates enroll in a domain of their choice, based on the enrollment conditions stated in the annual enrollment circular.
Article 2: Students can only attend classes if they are duly enrolled.
Article 3: Enrollment in university studies for obtaining a bachelor’s degree is open to holders of the baccalaureate or a foreign diploma recognized as equivalent. Students holding multiple baccalaureate degrees can only enroll in one university program nationwide. The conditions for enrollment in bachelor’s and master’s degree programs are determined each academic year by the Minister of Higher Education. Enrollment and reenrollment are done on an annual basis. Students must pay administrative enrollment fees for each academic year.
Article 4: The original provisional certificate of the baccalaureate or a foreign diploma recognized as equivalent is a mandatory document for enrollment. The original provisional certificate of the baccalaureate or a foreign diploma recognized as equivalent is stamped (with a round wet seal) on the back, indicating the date of enrollment in the university. The original provisional certificate of the baccalaureate or a foreign diploma recognized as equivalent can only be obtained once the studies are completed and the final diploma is issued, or in the event of withdrawal or voluntary interruption of studies, upon the student’s request and upon providing a discharge. If a student suspends or abandons their studies and requests the return of the original provisional certificate of the baccalaureate or a foreign diploma recognized as equivalent, the cancellation of enrollment will be marked on the back of the certificate.
Article 5: Upon final enrollment, the student is issued a certificate of enrollment and a student ID card, which may be requested at any time within the institution, especially during exams. These documents are personal. In the event of loss or destruction, a declaration of loss issued by the police station or national gendarmerie is required to obtain a duplicate, which cannot be reissued under any circumstances.
ON ACADEMIC LEAVE
Article 6: Students may suspend their enrollment for exceptional reasons, which include:
Debilitating chronic illness
Maternity
Long-term illness
National service
Family obligations (related to ascendants and/or descendants, relocation of spouse or parents due to job-related reasons, etc.).
An academic leave certificate must be issued to the student by the competent authority of their institution. The management of academic leaves is left to the discretion of the institution. A motivated request for academic leave must be submitted to the pedagogical services of the affiliated structure, unless in case of force majeure, before the first exams. Academic leave can only be granted once during the university curriculum. Following an academic leave for medical reasons, reinstatement is subject to the opinion of a medical expert designated by the higher education institution.
ON WITHDRAWAL FROM STUDIES AND REINTEGRATION
Article 7: A student who is duly enrolled will be declared as having withdrawn from studies for the academic year if they do not attend any organized classes, tutorials, practical work, or internships during one semester of the academic year, as determined by the department head. A regularly enrolled student will be considered excluded for the academic year if they are declared to have withdrawn from studies in a semester of the academic year.
Article 8: In the case of withdrawal or exclusion, only one authorization for reintegration is granted during the academic program, following a review of the student’s file by the relevant structures and subject to the availability of academic slots.
ORGANIZATION OF TEACHING
Article 9: The training for obtaining a bachelor’s or master’s degree is organized into domains of study, programs, and specializations, and is offered in the form of typical paths.
Article 10: A training path is a coherent set of teaching units constituting a cycle of education. The typical training path is defined by the training team in the training offer.
Article 11: Teaching in a training path is organized into study semesters comprising teaching units.
Article12: Each semester includes teaching units (TU). A TU can be fundamental, methodological, exploratory, or general cultural.
Article 13: The teaching unit, as defined by Article 3 of Executive Decree No. 08-265 of August 19, 2008, consists of one or more “subjects” taught through various forms of instruction (lectures, tutorials, practical work, conferences, seminars, projects, internships, etc.). A teaching unit can be compulsory or optional.
Article 14: A subject can be:
Taught throughout the semester in the form of lectures, tutorials, and/or practical work. It may also include practical activities related to the subject (personal work, internships, study projects, etc.).
Article 15: A subject is assigned a time allocation, a credit value, and a coefficient. One credit is equivalent to a time allocation of 20 to 25 hours per semester, including the hours of instruction provided to the student in all different forms of teaching and the estimated hours of personal work. Article 16: A teaching unit has a credit value and a coefficient. The credit value of the TU is the sum of the credit values of its subjects.
Article 17: One study semester corresponds to 30 credits. The bachelor’s degree is organized into six study semesters, totaling 180 credits. The master’s degree is organized into four semesters after the bachelor’s degree, totaling 120 credits.
EVALUATION AND EXAMINATION
Article 18: The examination schedule must be announced at the beginning of the semester, and students must be informed of it through display or any other media.
Article 19: No student is allowed to participate in an exam:
If they are not listed on the official lists of the institution,
If they arrive thirty minutes after the distribution of exam papers.
At the beginning of the exams, invigilating teachers must strictly check the identity of the students and have them sign the attendance sheet. During the exams, students must follow all instructions given by the invigilating teachers. No student is allowed to leave the examination venue before the end of the first half-hour following the distribution of exam papers. However, for exceptional reasons, a student may be allowed to temporarily leave, in which case they must be accompanied by an invigilating teacher. At the end of the exam, the student must submit their answer sheet, even if it is blank. The student must bring the necessary materials to take the exam under suitable conditions. It is forbidden to borrow materials from other students without prior permission from the invigilating teachers. The use of mobile phones or any other programmable or listening devices is strictly prohibited throughout the entire duration of the exam. In the event of cheating or attempted cheating, the invigilator must note the incident in the examination report and provide a detailed report of the facts, which must be submitted to the study directorate’s secretariat no later than 24 hours after the offense. Any cheating or attempted cheating automatically leads to the offender being brought before the disciplinary board. The student must submit their answer sheet at the end of the exam, even if it is blank. At the end of the exam, the invigilators must count the submitted answer sheets and compare the count to the one on the attendance sheet. Any anomalies observed must be noted on the examination report and reported immediately after the exam to the relevant department.
Article 20: After each exam, the responsible teacher must post the model answer and detailed grading scale. All grades must be posted before the deliberations. To ensure that any errors in recording and/or calculating the average are reported and corrected by the teacher before the deliberations, if necessary.
Article 21: Students have the right to review their exam papers after each exam. Make-up exams do not grant the right to review the exam papers. If a student is dissatisfied with their grade after reviewing their paper and the model answer with the grading scale, they may file an appeal within two business days after the date of the review. No appeals will be accepted after this deadline. The handling of appeals may involve a second correction.
Article 22: The evaluation of a subject is assessed on a semester basis by the average:
The final exam with a coefficient of two (2), held at the end of each semester (first session).
Continuous assessment (presentations, written quizzes, assignments, personal work, internships, etc.) with a coefficient of one (1).
Practical work (PW) grade (resulting from the average of test scores and reports) with a coefficient of one (1).
Article 23: A TU is definitively acquired by any student who has passed all the subjects that comprise it. A subject is considered acquired if the grade obtained in that subject is equal to or higher than 10/20. The TU is also acquired through compensation if the average of all grades obtained in the subjects that compose it, weighted by their respective coefficients, is equal to or higher than 10/20. The acquired TU carries the credits assigned to it. In this case, the acquired credits can be capitalized within the same training path and transferred to any other training path that includes the same unit. The exclusion from a subject that composes a teaching unit does not allow the acquisition of that teaching unit through the calculation of the average of the grades obtained in the other subjects that compose it.
Article 24: The overall average for the semester is calculated based on the averages obtained in the TUs that make up the semester, weighted by their respective coefficients. The semester is considered passed for any student who has passed all the TUs that compose it according to the conditions specified in Article 22 above. The semester can also be acquired through compensation between the different teaching units as follows: the overall average for the semester is calculated based on the averages obtained in the teaching units that make up the semester, weighted by their respective coefficients. The semester is considered passed if this average is equal to or higher than 10/20. The semester, once acquired, carries the thirty (30) credits assigned to it. The exclusion of a student from a subject or teaching unit does not allow for compensation.
Article 25: In case of failure in the first session, the student takes the make-up session exams for the teaching units that have not been acquired.In this case, the student retains the benefit of the subjects acquired in accordance with Article 22 above and takes the examination for the subjects not acquired. In the case of a teaching unit acquired within the framework of the compensation provided for in Article 23 above, the student may be authorized to take the examination for the subjects not acquired in that unit, during the make-up session.
Article 26: During the make-up session, the grade for each of the subjects in question is determined based on the grade obtained in the make-up examination, according to the assessment methods determined in accordance with the provisions of Article 19 of Decree No. 712 of 03/11/2011. The final grade for the subject will be the higher of the averages between the first session and the make-up session.
Article 27: At the end of the make-up session, the teaching unit and the semester are acquired according to the same provisions as Articles 22 and 23 above. In the case where a teaching unit is not acquired, the credits assigned to the acquired subjects that make up the unit are transferable.
Article 28: Compensation applies to:
Teaching units: It allows the acquisition of the teaching unit by calculating the average of the grades of the subjects that make it up, multiplied by their respective coefficients. The teaching unit acquired by compensation carries the credits assigned to it.
Semester: It allows the acquisition of the semester by calculating the average of the grades of the teaching units that make it up, multiplied by their respective coefficients. The semester acquired by compensation carries the thirty (30) credits assigned to it.
Year (L1, L2, L3): It allows the acquisition of the year by calculating the average of the grades of the teaching units that make it up, multiplied by their respective coefficients. The year acquired by compensation carries the sixty (60) credits assigned to it.
PROGRESS IN STUDIES
Article 29: The passage from the first to the second semester of the same academic year in the same study program is a right for every regularly enrolled student.
PROGRESSION IN UNGRADUATE STUDIES
Article 30: The passage from the first to the second year of the bachelor’s degree program is guaranteed if the student has passed the first two semesters of the curriculum, with or without compensation. However, the passage from the first to the second year of the bachelor’s degree program is allowed for any student who has earned a minimum of thirty (30) credits, with a minimum distribution of 1/3 in one semester and 2/3 in the other semester.
Article 31: The passage from the second to the third year of the bachelor’s degree program is guaranteed if the student has passed the first four semesters of the curriculum, with or without compensation. However, the passage from the second to the third year of the bachelor’s degree program is allowed for any student who has earned a minimum of ninety (90) credits and acquired the required fundamental teaching units for further specialization.
Article 32: A student authorized to progress in their study program according to the passage conditions provided in Articles 29 and 30 above may retain the benefit of the subjects acquired. In this case, the obligation or exemption to attend classes, tutorials, and practical work for the subjects not acquired is determined by the training team.
Article 33: A student who is not admitted to progress to the second or third year of a study program is, depending on the case, authorized to re-enroll in the same program or redirected by the training team to another study program. A student enrolled in a bachelor’s degree program cannot stay for more than 05 years, even in the case of a change in study program. However, a student who has earned 120 credits or more may be exceptionally allowed to re-enroll for an additional year.
PROGRESSION IN MASTER'S STUDIES
Article 34: The passage from the first to the second year is guaranteed if the student has passed the first two semesters of the curriculum. However, the passage from the first to the second year is allowed for any student who has earned a minimum of forty-five (45) credits and acquired the required teaching units for further specialization.
Article 35: A student authorized to progress in their study program according to the passage conditions provided in Article 34 above may retain the benefit of the subjects acquired. In this case, the obligation or exemption to attend classes, tutorials, and practical work for the subjects not acquired is determined by the training team.
Article 36: A student not admitted to progress to the second year of a study program is, depending on the case, authorized to re-enroll in the same program or redirected by the training team to another study program. In no case can a student enrolled in a master’s degree program stay for more than 03 years.
ATTENDENCE
Article 38: Attendance in tutorials and practical work is mandatory throughout the semester. Article 39: Attendance is monitored by the teacher. It is taken into account in the calculation of the continuous assessment average. Three (03) unexcused absences or five (05) absences, even if justified, from tutorial sessions of a subject result in exclusion from the subject for the current semester. An excused absence from a practical work session (laboratory, fieldwork, and internship) entitles the student to a makeup session during the semester, if conditions allow. An unexcused absence from a practical work session (laboratory, fieldwork, and internship) is penalized with a grade of zero for the respective work. In this case, the student cannot benefit from a makeup session. Unexcused absences from more than one-third (1/3) of the practical work sessions result in exclusion from the subject for the current semester.
Article 40: Any absence must be justified within a period not exceeding 72 hours (03 working days).
Article 41: In the context of continuous assessment and practical work, only an excused absence is tolerated. In this case, the continuous assessment or practical work average is calculated based on tests and evaluations conducted. Under no circumstances can a makeup be carried out as part of continuous assessment.
Article 42: An excused absence from a final examination entitles the student to a makeup examination for the respective subject. An unexcused absence from a final examination results in a grade of zero for the respective subject. In this case, the student cannot benefit from a makeup examination for the respective subject.
The justification for an absence must reach the department within 3 working days following the date of the examination.
Article 43: Cases of justified absences:
Death of ascendants, descendants, and collateral relatives (death certificate – 3 permitted days of absence).
Marriage of the student (marriage certificate – 3 permitted days of absence).
Paternity or maternity of the student (birth certificate – 3 permitted days of absence for the father, according to a medical certificate for the mother).
Hospitalization of the student (hospitalization certificate: number of days of absence according to the duration of hospitalization).
Illness of the student (medical certificate of sick leave issued by an authorized doctor – number of permitted days of absence according to the duration of sick leave).
Requisition or official summons issued by the competent authority – number of permitted days of absence according to the duration of the activity.
Other duly justified major impediments.
MONITORING OF TEACHING
Article 44: Pedagogical committees for each subject and teaching unit, as well as
The justification for absence must reach the department within 3 working days following the date of the examination.
Article 45: A pedagogical committee by subject is composed of: A subject coordinator designated by peers if there are multiple sections, Teachers providing lectures, tutorials, and practical sessions for that subject. An elected student representative per tutorial group or practical session group. A pedagogical committee by EU is composed of: A president of the EU designated by peers, Teachers providing lectures, tutorials, and practical sessions for the subjects of that EU, An elected student representative per tutorial group or practical session group per subject, and A representative of the pedagogical administration.
Article 46: Student representatives on pedagogical committees must be elected from students whose academic performance and moral qualities are proven.
Article 47: A training team is established for each training program. It consists of the presidents of pedagogical teams for all the EUs in the program.
DELIBERATION JURY
Article 48: Deliberations are the privileged place for the pedagogical evaluation of students at the end of a semester of study and must remain confidential. The jury has sovereignty in its deliberations, and its decisions are made by a simple majority of its members; the vote of the chairman being decisive in case of a tie. Article 49: The deliberation jury of the EU is organized at the end of each examination session in accordance with Article 48 above. In this case, the jury includes the teachers involved in the lectures, tutorials, and practical sessions of the subjects constituting the EU.
Article 50: The semester deliberation jury is organized at the end of each examination session. The semester deliberation jury includes the teachers responsible for the EUs comprising the semester.
Article 51: The presence of all jury members at the deliberations is mandatory.
Article 52: During the deliberations, the jury members are tasked with: Validating the students’ academic progress and their results obtained during the semester, Deciding on the admission, deferral, or exclusion of students in subjects, teaching units, and the semester. If necessary, considering individual cases for student redemption by assessing their overall academic progress based on parameters such as attendance, pedagogical progress, participation, discipline, etc. In this case, the grade subject to redemption must be adjusted to 10/20. Redemption is not a right but falls exclusively under the jury’s prerogatives. Proposing, if necessary, a reorientation of students in a situation of failure.
The deliberation jury of the last semester of a study cycle also has the prerogative of validating the entire academic progress of students in the same cohort and submitting to the head of the institution a deliberation report listing the laureate students for the preparation and issuance of provisional certificates of success and diplomas.
Article 53: After posting the minutes of the deliberations, a period of 72 hours (03 working days) is granted to students who wish to lodge an appeal. This appeal must be submitted to the relevant academic services of the subject’s affiliation.
Article 54: Appeals are handled by the same team, which will draw up a report.
Article 55: After the appeals have been processed, the final and unchangeable results are communicated to the students who have requested them. At the end of these deliberations, a minutes will be drawn up under the same conditions as the initial minutes and must be marked as “Corrective Addendum to the Initial Minutes.”
DELIBERATION JURY
Article 56: The ranking and orientation of students are decided by a “ranking and orientation committee.” The ranking, thus established, can be used for designating top students and for student orientation.
Article 57: The ranking average is the average of the averages of the relevant study semesters, adjusted by corrective coefficients taking into account accumulated delays, admissions with outstanding debts, and admissions after the makeup session.
The calculation of this average is done according to the following formula:
RA = SA * (1 – a * (r + d/2 + s/4))
Where:
RA = ranking average
SA = ∑(SAi)/n where SAi is the average of semester i
a = estimated deduction rate of 0.04
r = number of repetitions per year
d = number of admissions with outstanding debts per year
s = number of admissions after the makeup session per semester
n = number of semesters concerned (n between 1 and 6 for Bachelor’s degree and n between 1 and 4 for Master’s degree)
Article 58: After the common teachings, the student declared admitted by the jury is directed to the specialization of their choice, by the aforementioned committee, taking into account: The capacity of the desired specialization, Conditions specific to the desired specialization, The student’s results since their first enrollment. If the student is not admitted to the first chosen specialization, the next specialization on the preference list will be considered, and so on.
Article 59: A student may, if desired, request a transfer to another program within the university or to another university. Their request will be examined by the training team of the desired program. The favorable opinion of the receiving structure is required.
TUTORING
Article 60: Within the university, a tutoring committee is established. It is composed of: The head of the institution, The vice-rector in charge of pedagogy or the director of studies in charge of pedagogy, Domain coordinators, Teaching researchers whose designation is left to the discretion of the head of the institution.
Article 61: The tutoring committee is chaired by the head of the institution. It designates a vice-president and a rapporteur from among its members.
Article 62: The mission of tutoring encompasses several aspects, including: The informative and administrative aspect, taking the form of welcoming, guidance, and mediation. The pedagogical aspect, taking the form of support for learning, organization of personal work, and assistance in designing the student’s training path. The methodological aspect, taking the form of initiation to university work methods individually and in groups. The technical aspect, taking the form of advice on the use of tools and educational resources. The psychological aspect, taking the form of stimulating the student and motivating them to continue their educational path. And finally, the professional aspect, taking the form of assisting the student in developing their professional project.
TUTORED PROJECT
Article 63: Every student in programs requiring an end-of-study internship or a supervised internship is entitled to guidance for the completion of their final project or supervised internship.
Article 64: The subject of the project is proposed by mutual agreement between the student, the teacher, and the hosting company. It must then be approved by an evaluation committee for end-of-study projects (PFE) established within each department.
Article 65: The supervising teacher can only be exempted from their supervisory obligations in the event of a student’s failure or lack of attendance.
SUPERVISED PROJECT
Article 67: The defense jury is composed of at least four (04) members:
-One (01) president.
-Two (02) examiners, including a representative from the company or hosting structure, if applicable.
-One (01) supervisor (reporter).
-One co-supervisor if the work requires it.
The supervised project is defended under the same conditions (maximum of 04 members), but in this case, the representation of the hosting company is not required.
Article 68: The defenses are organized in June. Exceptionally, and upon the opinion of the PEE evaluation committee of the respective department, some defenses may take place in September (make-up session).
Article 69: A student who has not defended their project within the deadline may, upon request and exceptionally, be re-enrolled after the department administration’s approval, which may require a different subject.
DIPLOMA AND HONORS
Article 70: Obtaining the diploma is subject to the validation of 180 credits for the bachelor’s degree and 120 credits for the master’s degree.
Article 71: The top student in the class is declared among students who have completed their program (without repeating or making up for any courses) and have not been subjected to disciplinary sanctions.
Article 72: The top students are primarily chosen from among students who have defended their end-of-study projects during the June session.
However, in case of major impediment duly justified by the affiliated structure and upon the opinion of the training team, students who defended their projects during the second session can also be considered for the honors. In this case, the final grade of the program will be reduced by a coefficient of 0.2.
GENERAL DESCIPLINE
Article 73: At the University of Bejaia, the rules of general discipline are based on respect for others, courtesy, tolerance, and the protection of property and equipment.
In addition to these rules, students are required to adhere to basic rules of hygiene, appearance, and behavior.
Article 74: Students are prohibited from bringing individuals who are not affiliated with the university onto the premises.
Article 75: Every student is required to present their student card upon request by university services. Article 76: Smoking is prohibited in educational and administrative premises.
Article 77: The use of mobile phones is strictly prohibited during academic sessions (lectures, tutorials, and practical sessions) and prohibited during exams. Outside the premises, students must not disrupt the proper conduct of teaching or exams.
DISCIPLINARY BOARD
Article 78: A disciplinary board is established at the faculty and a disciplinary board at the department level to exercise disciplinary power over students.
The departmental disciplinary board handles first-degree offenses. This board is chaired by the head of the department or their representative. The faculty disciplinary board handles second-degree offenses. This board is chaired by the dean or their representative.
In the event of non-compliance with the disciplinary regulations, the Vice Rector responsible for higher education for the first and second cycles, continuing education, and diplomas, as well as graduate education, will refer the matter back to the relevant educational structure for a second deliberation.
Article 79: Any duly established offense is reported in writing to the responsible person in the relevant educational structure within 48 hours.
Article 80: The dossier presented to the disciplinary board must include: The official referral to the disciplinary board by the responsible person in the relevant educational structure. A detailed report outlining the identity of the complainant, a detailed account of the facts, a description of the harm, the names of potential witnesses, a summary of the student’s situation, and all supporting evidence. Article 81: Depending on the severity of the offense committed, provisional measures may be taken by the responsible person in the relevant educational structure until the disciplinary board convenes.
Article 82: First-degree offenses include, among others: Attempted fraud or proven fraud in exams (attempting to bring drafts or exam papers, dictation, visible display of any copy with the intention of assisting a classmate, etc.). Refusal to comply with directives from university staff. Noise disturbances within or outside the premises during teaching or exams (raising one’s voice, ringing of mobile phones, playing music, etc.). Unregulated and unauthorized display of documents.
Article 83: Second-degree offenses include, among others: Repeat offenses of first-degree offenses. Premeditated fraud proven in exams (bringing drafts or copies, cheating, mobile phones and accessories of all generations, programmable calculators, electronic equipment, etc.). Refusal to comply with directives from teaching staff in the performance of their duties. Refusal to comply with a regulatory control on campus. Verbal or gestural misconduct towards all university staff and students. Interference with the proper functioning of the university, violence, threats, physical assault of any kind, organized disorder. Possession of any means intended to harm the physical integrity of university staff and students. Identity theft, forgery and use of forged documents, falsification and substitution of administrative documents. Defamation against all university staff and students. Deliberate actions of disruption and characterized disorder that undermine the smooth progress of educational activities (interference with teaching and exams or their boycott, disruptive gatherings, etc.). Theft, abuse of trust, and misappropriation of property belonging to the institution, teachers, and students. Deliberate damage to property belonging to the institution (equipment, furniture, and accessories).
Article 84: The offenses mentioned for the 1st and 2nd degrees in this internal regulation are not exhaustive. Any wrongdoing deemed as such by a disciplinary board is qualified as a first or second-degree offense based on its severity and its impact on the university community. The disciplinary board acts as the judge.
Article 85: Students who have committed an offense are summoned to be heard by the departmental disciplinary board.
Article 86: The student in violation can seek assistance from their tutorial group representative or their supervising teacher.
Article 87: If the implicated student fails to respond to the summons, the meeting is postponed, and a second summons will be sent to them. Article 88: If the student fails to appear before the disciplinary board following the second summons, the board will convene and pronounce its verdict.
Article 89: The sanctions applicable to first-degree offenses are:
-Verbal warning.
-Written warning.
-Reprimand. 00/20 grade.
Article 90: Depending on the severity and nature of the offenses, the sanctions applicable to second-degree offenses are as follows:
Exclusion from the subject (no possibility of taking any future exams in the subject in question),
Validation of ongoing results except for the subject in question.
Non-validation of the semester or, if applicable, all subjects in which the student is enrolled,
Non-validation of the current academic year,
Exclusion from the following semester,
Exclusion from a semester or year within the institution,
Exclusion from a semester or year within the national territory,
Permanent exclusion from the university,
Permanent exclusion from any institution within the national territory.
Article 91: The decision of the disciplinary board is notified to the concerned student.
Article 92: After deliberations, the president of the disciplinary board will forward a copy of the board’s minutes to the Vice Rector responsible for Higher Education for the First and Second Cycles, Continuing Education and Diplomas, and Graduate Education for follow-up, within a maximum period of eight (8) days.
Article 93: The student has the right to appeal against the decision of the sanction within a period of eight (8) days from the date of notification of the decision.
Article 94: After the deadline for appeal, the decision of the disciplinary board is:
Immutably recorded in the student’s file,
Displayed within the institution and communicated to other higher education institutions if the sanction is exclusion for at least one semester.
Article 95: The sanctioned student may submit a gracious appeal to the dean of the faculty within one week from the date of notification of the final decision. The student may also file a legal appeal to the authority that imposed the sanction if new and substantial evidence emerges.