Alyansa Student Code Position Paper

BREAKING THE CODE On the Proposed UP Diliman Code of Student Conduct

The student does not shed his constitutionally and statutorily protected rights at the school gate.1 Although schools have an almost absolute right to establish rules and regulations governing university-student relations, such cannot be exercised so as to defeat the basic rights of students. The UP Administration seems to have forgotten this constitutional precept when drafting the proposed UP Diliman Code of Student Conduct. Indeed, such a predicament is tantamount to the curtailment of rights that we students hold on to amidst a backdrop of repression and oppression of various forms in our very schools. We face a myriad of personal troubles as individual students every time we step into the robust halls of our University. At the same time, as an entire sector, we are hounded by threats to democratic consultation, participation, and representation in policies that ultimately affect our right to accessible, quality, and relevant education. And when a set of rules and regulations that is crafted to supposedly preserve and protect our rights becomes the very thing that threatens the same, we find ourselves in a position of vulnerability and disempowerment. However, we must ultimately ensure that this dilemma must never even begin to transpire. That is why we in ALYANSA, amidst recognizing the imminent need for changes in the existing rules governing student affairs, manifest our opposition towards particular provisions of the proposed UP Diliman Code of Student Conduct. Beyond such disagreement, it is imperative to sufficiently explain contentious points while providing clear and sensible alternatives to the proposal, which are discussed in the following sections. Freedom to Associate The right of a student to free association is a constitutionally guaranteed right. Article III, Section 8 of the 1987 Constitution commands that “the right the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged. The right is further implemented in the Civil Code, which provides that “any public officer or employee, or any private individual, who directly or indirectly obstructs, defeats, violates, or in any manner impedes or impairs the right of a person to become a member of associations or societies for purposes not 1 Venecio Villar Vs. Technological Institute Of The Philippines, G.R. No. L-69198 April 17, 1985, citing Tinker V. Des Moines Community School District, 393 U.S. 503 (1969).

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contrary to law shall be liable to the latter for damages,2 and in Batas Pambansa 232, Section 9(8) of which provides that “in addition to other rights, and subject to the limitation prescribed by law and regulations, and student and pupils in all schools shall enjoy the right to form, establish, join and participate in organizations and societies recognized by the school to foster their intellectual, cultural, spiritual and physical growth and development, or to form, establish, join and maintain organizations and societies for purposes not contrary to law.” Hence, a student’s right to associate is almost absolute and bound only by the following considerations: 1. the association or society should not be established for purposes contrary to law 2. the association should be recognized by the school to foster their intellectual, cultural, spiritual and physical growth and development. An educational institution, hence, has no right to abridge the right of students to freely associate on the basis considerations other than these two. Taking all of the abovementioned details into consideration, one would be curiously perplexed as to what considerations the UP Administration used in coming up with the following requirements for the recognition of organizations—requirements which clearly limit the rights of students to free association: 1. The 0.5% Requirement— Under the proposed UP Diliman Code of Student Conduct, an organization, to be recognized as a University-recognized Organization, must be comprised of at least 0.5% of the eligible population of UP Diliman.3 Hence, for an organization to be recognized under the proposed UP Diliman Code of Student Conduct, it should be comprised of at least 87 members (0.5% of the 17,500, which is the approximate population of UP Diliman excluding the freshmen), a factual impossibility for almost all of the currently existing University-recognized Organizations.

CIVIL CODE, Art. 32, par. 12 Art. IV, No. 32—A university-recognized student organization is a group of students whose members and officers comprise at least 0.5% of the eligible student population XXX; Sec. 3.1, Art. VI—A student organization seeking University recognition must have a membership of at least 0.5% of the eligible student population, including officers, who have completed at least one (1) year of residency in the University and who are currently enrolled, with no more than 49% of the members coming from one college. 2 3

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2. The No Freshie Rule— The proposed UP Diliman Code of Student Conduct requires that the members of all UP Diliman organizations must have completed at least one year residency.4 Freshmen, therefore, are not allowed to join any organization. Furthermore, recruitment of freshmen, under the proposed UP Diliman Code of Student Conduct, is considered Grave Misconduct which is punishable by suspension of at least one semester to not more than one year.5 Interestingly, the Student Code Review Committee gave no reason for the new ban. 3. Academic Activity Required— Included in the requirements for the recognition of an organization is a document listing at least one academic project/activity executed by the organization.6 With this requirement, therefore, what happens now to nonacademic organizations such as Provincial Organizations, Special Interest Orgnanizations and Religious Organizations? Does this mean that they are now required to initiate academic projects even if these are not within the thrusts of their organization? Be it noted that the only requirement provided under Batas Pambansa 232 is an association should be recognized by the school to foster the intellectual, cultural, spiritual and physical growth and development of the students. It makes no mention of academics as a required thrust for organizations. Due Process in Disciplinary Cases Basic is the concept that every accused should be afforded due process before judgment should be rendered regarding his case. And although the Philippine Supreme Court has pronounced in a long line of cases that due process in disciplinary cases involving students does not entail proceedings and hearings similar to those prescribed for actions and proceedings in courts of justice, the same court has nevertheless stressed that there are minimum standards which must be met to satisfy the demands of procedural due process7, to wit: 1. the students must be informed in writing of the nature and cause of any accusation against them 2. they shall have the right to answer the charges against them, with the assistance of counsel, if desired; Art. IV, No. 32 Sec.1.3.1.d, Art.VI 6 Sec. 3.1.d.4, Art. VI. An organization must accomplish OSA application forms xxx, with the following documents attached thereto: List and description of projects and activities undertaken during the immediate past year, with relevant documentation, such as posters, programmes, and photos. The list should include at least one academic project/activity. 7 Diosdado Guzman, et al. v National University and Jhocson, G.R. No. L-68288 July 11, 1986 4 5

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3. they shall be informed of the evidence against them; 4. they shall have the right to adduce evidence in their own behalf; and 5. the evidence must be duly considered by the investigating committee or official designated by the school authorities to hear and decide the case. Based on this standard laid down by no less than the Philippine Supreme Court, it can hardly be doubted that the following rules on student disciplinary actions provided in the proposed UP Diliman Code of Student Conduct are violative of the right of students’ to due process: 1. New Rule on Summons8— Under the proposed UP Diliman Code of Student Conduct, a student that is accused of violating any school regulation may be summoned either: a. Personally—the summons shall be served personally to the respondent through the Secretary of the College to which s/he belongs or through the Office of the University Registrar (OUR) if the respondent does not belong to any college; AND/OR b. Through Electronic Mail—the summons may be served by electronic mail to the respondent’s UP Webmail Account, wherein s/he has three (3) days to receive a copy of the summons.; AND/OR c. Through Registered Mail—the summons may be served by registered mail to the respondent’s residence indicated in her/his latest Form 5, wherein the respondent has seven (7) to ten (10) days to receive a copy of the summons. In all cases, a copy of the summons shall also be served to the respondent’s parents or guardian. Receipt of the copy of the summons by the respondent’s parents or guardian is considered receipt by the respondents. This rule is important to consider as under the proposed UP Diliman Code of Student Conduct the respondent in every case is given the right to answer in writing within a non-extendible period of five (5) days from receipt of the summons and the complaint. Should the respondent fail to answer within the time period, s/he is deemed to have waived her/his right to present her/his side.

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Sec. 1.2.1, Art. VII; Sec. 2.6, Art. VII; Sec. 3.6.5, Art. VII.

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Be it noted that the proposed UP Diliman Code of Student Conduct creates instances where it is deemed that the student has received summons when in truth and in fact he has not, to wit: a. If summons was served through electronic mail, the respondent is deemed to have received the summons three days after the summons was sent to her/him. Regardless, therefore, of whether s/he actually read the summons or not, her/his period to answer starts to run three days after it was sent to her/him b. If summons was served through registered mail, the respondent is deemed to have received the summons ten days after the summons was sent to her/him. Regardless, therefore, of whether s/he actually read the summons or not, her/his period to answer starts to run ten days after it was sent to her/him. c. Receipt of the copy of the summons by the respondent’s parents or guardian is considered receipt by the respondents. Regardless, therefore, of whether s/he actually read the summons or not, her/his period to answer starts to upon receipt by his parents or guardian of the summons. The proposed UP Diliman Code of Student Conduct, therefore, impliedly creates new obligations on the part of the students, to wit: a. To check his UP Webmail Account regularly b. to notify the University through her/his home College, of any change of address within the semester c. To regularly confer with her/his parents on whether a complaint has been filed against her/him. Failure on the part of the student to comply with the above obligations may lead to the forfeiture of her/his right to answer the charges against her/him. 2. Legal Counsels Not Allowed During Hearings— Under the proposed UP Diliman Code of Student Conduct, the participation of the respondent’s counsel shall be limited to advising respondent of her/his legal rights. Counsel shall not be permitted to present evidence in behalf of respondent or to argue with the disciplinary committee.

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The Student Code Review Committee would have the students believe that it is but fair that a student accused of violating a school regulation argue against the University’s legal team before a jury composed solely of faculty alone and without the assistance of counsel. Clearly, this is a violation of the students’ right to be assisted by counsel. Void for Vagueness It is a legal principle under the law that that penal regulations drafted in a language that is not clear enough to be comprehended should be void. The principle is founded on precepts of fairness and justice that dictate that individuals should be given adequate notice of their legal obligations through regulations that are accurately worded so that they can govern their behavior accordingly. Individuals should not be punished by regulations for acts which they did not have the opportunity of avoiding to begin with. Parenthetically, the proposed UP Diliman Code of Student Conduct penalizes several offenses which are too vaguely defined that it is hard to comprehend under which specific circumstances the provisions apply, to wit: 1. “Engaging in any other form of misconduct, whether within or outside University premises, significantly affecting the good order and welfare and/or good name of the University, and/or which violates the provisions of this Code regarding student organizations”9 2. “Creating within the University premises disorder, tumult, breach of peace, or serious disturbance.”10 3. “Engaging in disgraceful conduct within University premises.”11 These ambiguous provisions then bring us to a point where we ask the following, respectively: 1. What constitutes misconduct? How do we qualify its gravity on the “good order and welfare and/or good name of the University?” 2. How are the terms disorder, tumult, breach of peace, and serious disturbance clearly defined? Are mobilizations, an exercise of our democratic right to free expression, covered by these? 3. By what standards do they define the very general phrase disgraceful conduct? Sec. 2.3.a, Art. VI Sec. 1.3.1.a, Art. VI 11 Sec. 1.4.e, Art. VI 9

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Conclusion Given these circumstances, we in ALYANSA firmly believe that the proposed UP Diliman Code of Student Conduct is a palpable form of curtailment of our basic rights as students in a University that supposedly upholds such. This can be clearly seen in provisions that are quite contradictory with our constitutionally guaranteed rights to free association and due process. Specifically, these are manifested in the following provisions: 1. Art. IV, No. 32— “A university-recognized student organization is a group of students whose members and officers comprise at least 0.5% of the eligible student population.” 2. Sec. 3.1, Art. VI— “A student organization seeking University recognition must have a membership of at least 0.5% of the eligible student population, including officers, who have completed at least one (1) year of residency in the University and who are currently enrolled, with no more than 49% of the members coming from one college.” 3. Sec.1.3.1.d, Art.VI— Harm to persons: “Recruiting a student who has not completed a one-year residency for membership in any organization.” 4. Sec. 3.1.d.4, Art. VI— “An organization must accomplish OSA application forms xxx, with the following documents attached thereto: List and description of projects and activities undertaken during the immediate past year, with relevant documentation, such as posters, programmes, and photos. The list should include at least one academic project/activity.” 5. Sec. 1.2.1, Art. VII; Sec. 2.6, Art. VII; Sec. 3.6.5, Art. VII.—Rule on Summons 6. Sec. 3.6.7, Art. VII; Sec. 4.5.3, Art. VII; Sec.4.6.3.3, Art. VII— Counsel for respondent not permitted to argue before SDC/CDC: “The participation of her/his counsel shall be limited to advising respondent of her/his legal rights. Counsel shall not be permitted to present evidence in behalf of respondent or to argue with the disciplinary committee.”

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7. Sec. 2.3.a, Art. VI— Misconduct: “Engaging in any other form of misconduct, whether within or outside University premises, significantly affecting the good order and welfare and/or good name of the University, and/or which violates the provisions of this Code regarding student organizations” 8. Sec. 1.3.1.a, Art. VI— Harm to Persons: “Creating within the University premises disorder, tumult, breach of peace, or serious disturbance.” 9. Sec. 1.4.e, Art. VI— “Inappropriate Behavior: Engaging in disgraceful conduct within University premises” With this, we in ALYANSA urge the UP Administration to delete the abovementioned provisions in order to allow a proposed UP Diliman Code of Student Conduct that is free from rules and regulations that seriously threaten students’ rights and welfare. Consistent with the apparent intent of those who drafted the proposed UP Diliman Code of Student Conduct to foster student welfare, it is necessary to include a bill of students’ rights that gives explicit and specific mention to particular liberties, benefits, and entitlements that the UP Administration must respect, protect, and guarantee (see attached document). However, beyond our clamor for a progressive UP Diliman Code of Student Conduct, we in ALYANSA call on the UP Administration to institute concrete mechanisms for consultation on policies that ultimately affect us students. Specifically, we propose that there should always be student representation in various levels of decision-making. In the end, this would ensure the crafting of policies that are genuinely representative of and responsive to the needs of their stakeholders. In the case of the proposed UP Diliman Code of Student Conduct, it is we Iskolars para sa Bayan who will be most affected. In line with this, it is also imperative for us to proactively take a stance on the issue, and to participate in concrete initiatives to propose a better UP Diliman Code of Student Conduct that is for the students and by the students. Break the Code of Student Conduct! Oppose repressive & unreasonable restrictions! Push for progressive & pro-student provisions! 03 May 2009 Page 8 of 10 if you want to know more about this, and/or interested to help with this campaign, contact UP ALYANSA at 0915 452 5116, or 0927 682 5863 or visit http://upalyansa.multiply.com

Article V. Rights, Privileges and Responsibilities of Students and Student Organizations

Section 1. Rights of Students—In addition to other rights under existing laws, every student shall enjoy the following rights: 1. The right to receive, primarily through competent instruction, relevant quality education in line with national goals and conducive to her/his full development as a person with human dignity. 2. The right to freely choose her/his field of study subject to existing curricula and to continue her/his course therein up to graduation, except in cases of academic deficiency, or violation of disciplinary regulations. 3. The right to enroll in any course regardless of her/his physical appearance or handicap, socio-economic status, political or religious beliefs, or membership in student organization, subject to UP academic requirements. 4. The right to be free from any form of indoctrination leading to imposed ideological hegemony 5. The right to adequate welfare services and academic facilities, which shall include but shall not be limited to the following: a. Free annual physical check-up; b. Legal assistance in cases involving the exercise and enjoyment of rights and freedoms as students; c. School guidance and counseling services for decisions and selecting the alternatives in fields of work suited to his potentialities; d. Adequate laboratory, library, research, recreation and physical education facilities; e. Communications system to ensure that students are promptly notified of letters and other relevant information; f. Adequate, safe and clean housing facilities, such as dormitories, for students inside campuses. 6. The right of access to her/his school records, the confidentiality of which the school shall maintain and preserve. 7. The right to the issuance of official certificates, diplomas, transcript of records, grades, transfer credentials, and other similar documents within thirty days from request. 8. The right to free expression of opinions and suggestions, and to effective channels of communication with appropriate academic channels and administrative bodies of the school or institution. 9. The right to information on matters affecting students’ rights and welfare. Page 9 of 10 if you want to know more about this, and/or interested to help with this campaign, contact UP ALYANSA at 0915 452 5116, or 0927 682 5863 or visit http://upalyansa.multiply.com

10. The right to participate in the drafting of policies relating to students’ rights and welfare, especially in curriculum review, student discipline, tuition increase and academic standards. 11. The right to peaceably assemble and petition the government and school authorities for the redress of grievances. 12. The right to non-interference by military, police, or school security elements of legitimate student activities within the University, in particular, peaceful mass actions. 13. The right to publish a student newspaper and similar publications in the pursuit of academic freedom and the freedom of expression without any outside censorship or interference. 14. The right to establish a student council or government 15. The right to form, establish, join and participate in organizations and societies recognized by the school to foster their intellectual, cultural, spiritual, and physical growth and development, or to form, establish, join, and maintain organizations and societies for purposes not contrary to law. 16. The right to have no unreasonable requirements imposed upon her/his student organization/s seeking recognition from the University. 17. The right to be free from involuntary contributions, except those approved by their own he organizations or societies. 18. The right to be free from the use force in her/his initiation to any student organization in the University and from the payment of excessive fees to her/his organization. 19. The right to due process in disciplinary cases filed against her/him, subject to the following rights: a. The right to be informed in writing of the nature and cause of any accusation against him b. The right to answer the charges against them, with the assistance of counsel, if desired; c. The right to be informed of the evidence against him; d. The right to adduce evidence in his own behalf; e. The right that the evidence presented be duly considered by the investigating committee or official designated by the school authorities to hear and decide the case; f. The right to appeal the decision of the disciplinary proceeding to clearly designated College and University authorities. 20. The right for her/his organization to have a tambayan at a location within the University grounds provided by the UP Administration and agreed to by the organization concerned. Page 10 of 10 if you want to know more about this, and/or interested to help with this campaign, contact UP ALYANSA at 0915 452 5116, or 0927 682 5863 or visit http://upalyansa.multiply.com