(As approved by the Board of Regents at its 876th meeting on September 2, 1976 superseding all provision rules on the subject, and as amended at the 923rd BOR meeting on 31 January, 1980 and 1017th BOR meeting on 8 December, 1988 and further amended at the 104th BOR meeting on 25 June, 1992.)
Section 1. BASIS OF DISCIPLINE - Student shall at all times observe the laws of the land and the rules and regulations of the University.
No disciplinary proceedings shall be instituted except for conduct prohibited by law or by the rules and regulations promulgated by duly constituted authority of the University.
Section 2. SPECIFIC MISCONDUCT - A student shall be subject to disciplinary action for any of the following acts:
Section 3. RULES AND REGULATIONS PROMULGATED BY DEANS OR DIRECTORS OF UNITS - Deans or Directors of various units may, after due consultation with the Faculty Student Relations Committee, promulgate rules on conduct and discipline of peculiar application to their respective units, subject to the written approval of the President or Chancellor and to the rules on circulation and date of effectivity, as herein provided.
Section 4. STUDENT DISCIPLINARY TRIBUNAL - There shall be a Student Disciplinary Tribunal composed of a chairman, who shall be a member of the Integrated Bar of the Philippines, and two members to be appointed for a period of one year among the faculty and other staff of the University. In any disciplinary case before the tribunal, a respondent may request that two students be appointed to sit with the tribunal. The Chairman and non-student members shall render full-time service in the tribunal. They shall receive monthly honoraria in the amount of P500.00 and P400.00, respectively.
The tribunal shall be under the supervision of the Dean of Student Affairs, who shall designate, whenever requested, the student members to sit with the tribunal.
Autonomous units shall set up their own student disciplinary tribunals in accordance with these rules.
SECTION 5. JURISDICTION - All cases involving discipline of students under these rules shall be subject to the jurisdiction of the student disciplinary tribunal, except the following cases which shall fall under the jurisdiction of the appropriate college or unit:
Provided, that regional units of the University shall have original jurisdiction over all cases involving students of such units.
Section 6. COLLEGE INVESTIGATION - Investigation of cases falling under the jurisdiction of a college shall be conducted by a committee of three members appointed by the dean, one of whom shall be a student of the college.
Section 7. FILING OF CHARGES - A disciplinary proceeding shall be instituted motu proprio by the appropriate authority or upon the filing of a written charge specifying the acts or omissions constituting the misconduct and subscribed to by the complainant or upon submission of an official report of any violation of existing rules and regulations. Upon the filling of said charge or report with the student disciplinary tribunal or the Office of the Dean, as the case may be, an entry shall be made in an official entry book kept for the purpose, specifying the person or persons charged, the complainant or complainants, his witnesses if any, the date of filing and the substance of the charge.
Section 8. PRELIMINARY INQUIRY - Upon receipt of the complaint or report, the tribunal or the Dean of College, as the case may be, shall determine whether such complaint or report is sufficient to warrant formal investigation. In all cases where the complaint or report is found sufficient, formal charge or charges shall be drawn up and served upon each respondent. In every case, the parents or guardians of the students charged shall be furnished with a copy of the same report.
Section 9. ANSWER - Each respondent shall be required to answer in writing within three days from receipt of the charge or charges. Formal investigation shall be held on notice as provided below.
Section 10. HEARING - Hearings shall begin not later than one week after receipt of the respondent's answer or after the expiration of the period within which the respondent should answer.
Section 11. DURATION OF HEARING - No hearing on any case shall last beyond two calendar months.
Section 12. NOTICE OF HEARING - All parties concerned shall be notified of the date set for hearing at least two days before such hearing. Notice to counsel of record or duly authorized representative of a party shall be sufficient notice for the purpose of this Section.
Section 13. FAILURE TO APPEAR AT HEARING - Should either complainant or respondent fail to appear for the initial hearing after due notice and without sufficient cause, this fact shall be noted and the hearing shall proceed ex parte without prejudices to the party's appearance in subsequent hearings.
Section 14. POSTPONEMENT - Application for postponement may be granted for good cause for such period as the ends of justice and the right of the parties to a speedy hearing require. Section 15. COMMITTEE REPORT - The college investigating committee shall forward to the Dean concerned within 15 days after termination of the hearing the complete records of the case, with its report and recommendation. The recommendation signed by a majority of the members of the Committee shall state the findings of fact and the specific regulations on which it is based.
Section 16. ACTION BY THE DEAN - The Dean shall within ten days from receipt of the Committee report, transmit the report, together with his decision or recommendation, to the President of the University or the Chancellor of an autonomous unit, as the case may be.
Section 17. DECISION OF THE TRIBUNAL - The tribunal shall decide each case within 15 calendar days from final submission. The decision shall be in writing and signed by a majority of its members. It shall include a brief statement of the findings of fact and the specific regulations on which the decision is based.
Section 18. FINALITY OF DECISION - Any decision of the tribunal or of a Dean, other than expulsion, permanent disqualification from enrollment or suspension for more than 30 calendar days, shall become final and executory after 15 days from receipt of the decision by the respondent unless within five days from receipt thereof a motion for reconsideration of the same is filed, in which case the decision shall be final after 15 days from receipt of the action on the motion for reconsideration.
Section 19. APPEAL TO THE PRESIDENT OR CHANCELLOR - In all cases in which final decision is not conferred on a Dean or the tribunal, the respondent may file an appeal with the President or the Chancellor within ten days from receipt of the appeal.
Section 20. ACTION BY THE PRESIDENT OR CHANCELLOR - Action of the President or Chancellor on recommendation coming from the Dean on appeal from the decision of a dean or the tribunal shall be rendered within ten 10 days exclusive of Sundays and official holidays after receipt of the appeal.
The Executive Committee shall automatically review and decide all student disciplinary cases in which the penalty of suspension for one year or more, expulsion and withdrawal of registration privileges is imposed.
The authority given to the Executive Committee under this rule is understood to include the power to affirm, reverse, decrease or increase the penalties imposed in the case under review.
The decision of the Executive Committee shall be final and executory after 15 days from receipt of the decision by the respondent unless, in the meantime, an appeal is made to, and given due course by the Board of Regents.
Section 21. ACTION BY THE BOARD OF REGENTS - The Board may review, on appeal, decisions of the President or Chancellor when the penalty imposed is expulsion, suspension for more than one academic year, or any other penalty of equivalent severity.
Section 22. RIGHTS OF RESPONDENTS - Each respondent shall enjoy the following rights:
Section 23. EFFECT OF DECISION - Decision shall take effect as provided in these rules. However, final decision of suspension or dismissal within 30 days prior to any final examination, shall take effect during the subsequent semester, except when the respondent is graduating, in which case the penalty shall immediately take effect.
Section 24. RECORDS - All proceedings before any tribunal or Committee shall be set down in writing by a competent stenographer. Original records pertaining to student discipline shall be under the custody of the Dean of Student Affairs. Such records are hereby declared confidential and no person shall have access to the same for inspection or copying unless he is involved therein, or unless he has a legal right which cannot be protected or vindicated without access to or copying of such records. Any University official or employee who shall violate the confidential nature of such records shall be subject to disciplinary action. Section 25. SANCTION
a) Any student found guilty of the misconduct defined in Section 2(a) shall be penalized with suspension for not less than one year.
b) Any student found guilty of the misconduct defined in Section 2(b) shall be penalized as follows;
c) Any student found guilty of the misconduct defined in Section 2c shall be penalized with suspension for not less than seven calendar days, but not more than 30 calendar days; Provided, that should the student be found guilty for the fourth time, the penalty shall be expulsion.
d) Any student found guilty of the misconduct defined in Section 2(d) shall be penalized with suspension for not less than 15 calendar days, but not more than 45 calendar days; Provided, that should the student be found guilty for the third time, the penalty shall be expulsion.
e) Any student found guilty of the misconduct defined in Section 2(e) shall be penalized with suspension for not less than seven (7) calendar days, but not more than 30 calendar days; Provided, that should the student be found guilty for the fourth time, the penalty shall be Expulsion.
f) Any student found guilty of the misconduct defined in Section 2(f) shall be penalized with suspension for not more than 30 calendar days, but not more than one semester; Provided, that the penalty for the second offense shall be expulsion; and Provided further, That should student assault, strike or inflict physical violence upon any University official, faculty member or person in authority, the penalty shall be expulsion.
g) Any student found guilty of the misconduct defined in Section 2(g) shall be penalized with suspension for not less than 15 calendar days, but not more than 45 calendar days; Provided, that should the student be found guilty for the third time, the penalty shall be expulsion.
h) Any student found guilty of the misconduct defined in Section 2(h) shall be penalized as follows:
i) Any student found guilty of the misconduct defined in Section 2(i) shall be penalized as follows:
Section 26. SUMMARY ACTIONS - Notwithstanding the provision of the foregoing Sections, a Dean may proceed summarily against student of a college in the following cases:
Decisions taken under this Section shall be in writing, stating the grounds for which the disciplinary penalty is imposed. Such decisions shall be final and executory upon the issuance of the order. The penalty imposed shall not exceed suspension for 15 days, exclusive of Sundays and official holidays.
Section 27. DEFINITIONS - The following terms shall have the meaning set forth below for purposes of these regulations:
Section 28. These rules shall supersede all previous rules on student discipline and shall take effect upon approval. Amendments to these rules shall be circularized within ten days after approval and shall take effect 15 days after circularization, unless a specific date has been set, which date shall in no case be within five days after its approval.