GUIDELINES ON DUE PROCESS AND CORRESPONDING SANCTIONS

GRIEVANCES AND COMPLAINTS

Any student or a group/class of students may file a written complaint against any administrator/s, member/s of the faculty, and non-teaching personnel of the University for any acts which violate any of the University policies. Grievances and complaints related to sexual harassment, unauthorized solicitations, proselytizing, and extortion of money or goods in exchange of a service rendered, or the granting of passing grades and the like, must immediately be reported to the appropriate authorities, to prevent further abuse and other complications resulting therefrom. For the ample protection of the complainant, he/she may report this in person, or may write directly to either the University President, or to any of the Vice Presidents, or to the Office of Student Affairs, so that immediate and appropriate action can be done to correct the situation.

Composition of the Disciplinary Board

The USC Disciplinary Board is composed of the following:

• VP for Administration

• VP for Academic Affairs

• Dean of College to which the respondent belongs

The Board shall impose the appropriate sanctions and render a decision on cases in a manner herein provided.

The Formal Inquiry Committee (FIC) which conducts the formal investigation of all disciplinary cases involving students is composed of the following:

• Head of the Office of Student Affairs

• Student Discipline Officer who acts as Chairman

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• Chair of the Department to which the respondent belongs (or his or her designated faculty representative)

• Student Organization (S.O.) President or his/her representative to which the respondent belongs

JURISDICTION

The USC Disciplinary Board and the Office of Student Affairs have jurisdiction over all cases involving the discipline of students.

The fact that the misconduct was committed outside the University premises is neither a defense nor a deterrent to an investigation by the University, for as long as the misconduct involves his/her status as a student which can affect the good name or reputation of the University. The proper discipline shall be imposed by the Board and the Office.

A student who is charged with an offense and refuses to heed the summons to appear before the investigating body set up by the administration, is deemed to have waived his or her right to present evidence(s), and the case shall then be decided on the basis of the complaint and evidence(s) presented.

In case of subsequent enrolment of such student, he/she shall have to answer the charges filed and lodged against him/her.

HEARING PROCEDURES

A formal charge or written complaint shall be filed by the aggrieved party or any person having direct and personal knowledge of the commission of the act charged against the student. In the absence of a written complaint, the University, on its own initiative, shall be the complainant against the erring student.

In the event that the University shall be the complainant, the aggrieved party (the victim, if any) shall be the principal witness. The University shall uphold its right to investigate cases even in the absence of a formal complaint by any aggrieved party, provided that these cases do not involve immorality and its related cases thereto, where a complainant is necessary to shed light and to give testimonies as well as to provide acceptable and verifiable evidence(s) thereof.

DUE PROCESS

The Procedure on the matter pertaining to SERIOUS OFFENSES by erring students which are investigated and deliberated on by a Formal Inquiry Committee is as follows:

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Step 1: The Office of Discipline shall strictly comply with the minimum requirements of due process that entails the imposition of an administrative penalty as severe as suspension, exclusion or expulsion, such as:

• the students must be informed in writing of the nature and cause of any accusation against them;

• they shall have the right to answer the charges against them, with the assistance of counsel, if desired;

• they shall be informed of the evidence against them;

• they shall have the right to adduce evidence in their own behalf; and

• the evidence must be considered by the investigating committee or official designated by the school authorities to hear and decide the case;

• if the student involved is a minor, the parents and/or legal guardian shall be duly notified of the charge/s.

Step 2: The Office of Discipline, while respecting the respondent’s right to “due process”, shall convene a Formal Inquiry Committee to investigate, hear, deliberate, and render a decision on the case.

Step 3: The Formal Inquiry Committee, after the investigation and deliberation on the case, shall formally submit a written report of its FINDINGS, COMMENTS, CONCLUSION, and RECOMMENDATION(s) to the Board of Discipline for approval or disapproval.

STEP 4: The Board of Discipline shall make the final disposition/judgment on the case after studying and evaluating the Findings, Comments, Conclusion, and Recommended Penalty as submitted to them by the Formal Inquiry Committee.

The Vice President will make the final disposition/ judgment including cases recommended for any of the following penalty:

• suspension from classes for three (3) or more days

• dismissal and exclusion from the University

• expulsion.

In the above cases, the Board of Discipline shall forward all the papers to the Office of the Vice President who shall make the final disposition of the case.

A student may file an appeal to the University President within five (5) working days from his/her receipt of the judgment or decision from the Office of the Vice President.

The action of the University President is final and executory.

The Documents of Disciplinary Proceedings are confidential and are the exclusive property of the University of San Carlos. These cannot be used by anybody as a material for purposes of litigations in court proceedings, unless there is an order by a

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judge of Court. Furthermore, only the President of the University can decide for any release of such documents.

SANCTIONS.

Pursuant to the Manual of Regulations for Private Higher Education, the following disciplinary sanctions for serious offenses or violation of school regulations may be applied on an erring student:

• Suspension is a penalty in which the school is allowed to deny or deprive an erring student of attendance in classes for a period not exceeding 20% of the prescribed class days for the term.

The decision of the school in every case involving the penalty of suspension which exceeds 20% of the prescribed school days for a term shall be forwarded to the CHED Regional Office within 10 days from the termination of the investigation of each case.

• Exclusion is a penalty in which the school is allowed to exclude or drop the name of the erring student from the school rolls for being undesirable, and transfer credentials shall be immediately issued. A summary investigation shall have been conducted, and no prior approval by CHED is required in the imposition of the penalty.

The decision of the school in every case involving the penalty of exclusion from the rolls, together with all the pertinent papers therefore, shall be filed in the school for a period of one year in order to afford CHED the opportunity to review the case in the event an appeal is taken by the party concerned.

• Expulsion is an extreme penalty on an erring student consisting of his/her exclusion from any public or private school in the Philippines and which requires the prior approval of CHED. The penalty may be imposed for acts or offenses constituting gross misconduct, dishonesty, hazing, carrying deadly weapons, immorality, selling and/or possession of a prohibited drug such as marijuana, drug dependency, drunkenness, hooliganism, vandalism, instigating or leading illegal strikes or similar concerted activities resulting in the stoppage of classes; and other related serious school offenses such as assaulting, threatening, or preventing a) a student from attending classes; b) an employee from entering the school’s premises to discharge his/her duties;

c) forging or tampering school records or school forms; and d) securing or using forged or tampered school records, forms, and documents.

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The decision of the school in every case involving the penalty of expulsion,together with the supporting papers, shall be forwarded to the CHED Regional Office within ten (10) days from the termination of the investigation of each case.

In cases not covered by the foregoing rules, the USC Disciplinary Board shall determine the kind of penalty to be imposed, which may include, among others, the following: reprimand, suspension, expulsion, dismissal or expulsion from the University. The factors which may be taken into account in the determination of the imposable penalty are:

• previous record of the student (recidivism)

• gravity of the offense

• character and position of the aggrieved person

• established precedents

• other aggravating or mitigating circumstances accepted and appreciated by the Formal Inquiry Committee and by the Board of Discipline

The other disciplinary sanctions which may likewise be meted out to any erring student are the following:

• written apology to the aggrieved/offended party

• payment of the value of the property destroyed/damaged/lost or its replacement

• regular rehabilitation counseling by the Guidance Services

• oral or written warning from the person in authority (Discipline officer, Faculty member, University staff)

• disciplinary probation with automatic suspension for the rest of the term in case of any violation of the conditions imposed

• exclusion for a semester/s

• disqualification from receiving honors at graduation

• non-issuance of Certificate of Good Moral Character

• disqualification, suspension or withdrawal of privileges (discounts or scholarships)

• payment of fines

• other penalties which may be set forth in the University regulations.

Preventive suspension of the accused may be imposed even before the hearing of his/her case has commenced. The respondent shall not be allowed to enter the school premises if the evidence of guilt is strong, and the school head is morally convinced that the continued stay or presence of the accused during the period of investigation constitutes an obstruction to the moral operation of the school or his/her presence poses a risk or imminent danger to life and property in the school. The preventive suspension shall not exceed 10% of the prescribed class days.

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Appendix 5: Specifications for School Uniforms