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Disciplinary Process

Section 19

  • Any complaint against any student can be reported to any University authority but should be properly directed and filed to the OSD of the respective Campus or College where the subject student is registered. The written complaint should be properly signed by the complainant with course, year, section, home address and contact number.

Section 19.1

  • Filing of Complaint to Erring Students.

    • Section 19.1.1

  • The complainant fills-out the incident report or makes a narrative report duly signed, with course, year, section, home address, and contact number.

    • Section 19.1.2

  • The complainant fills-out the incident report or makes a narrative report duly signed, with course, year, section, home address, and contact number.

    • Section 19.1.3

  • The ID of the student subject of complaint shall be turned over to the OSD Coordinator/In-charge.

    • Section 19.1.4

  • The OSD Coordinator informs the student to report through the Call Slip for investigation.

    • Section 19.1.5

  • The complaint shall be acted upon based from the preliminary investigation.

    • Section 19.1.6

  • Filing of complaint to erring students shall observe the disciplinary process.

Section 19.2

  • In cases of academic dishonesty, the faculty concerned (or the proctor of the examination) is immediately required to submit an incident report to the OSD Coordinator.

Section 19.3

  • If warranted, the ID of the student subject of complaint shall be confiscated and turned over to the OSD.

Section 19.4

  • All student disciplinary proceedings shall observe due process such as: clear notice of charges in unambiguous and comprehensible language; enough time given to answer the charges; right to receive all pieces of evidence against him/her; right to face the accuser/s and witness/es and counter-present pieces of evidence/witnesses; right to counsel choosing from any faculty or school official or legal counsel; right to the presence of parent/guardian.

Section 19.5

  • All student disciplinary proceedings shall be conducted informally in a closedoor hearing in the interest of privacy, decency or public morals

Section 19.6

  • All student disciplinary proceedings shall be properly logged and documented, and all records (duly signed by the Discipline Board and other parties involved) be put in safekeeping and its confidentiality preserved.

Section 19.7

  • If the student respondent readily admits guilt in writing during the preliminary investigation/hearing, the case may be summarily acted upon by the OSD or Discipline Board. The formal investigation/hearing shall be dispensed with and after clarificatory questions, the OSD or Discipline Board shall decide on the case.

Section 19.8

  • Minor offenses shall be handled by the OSD Coordinator/In-charge

    • Section 19.8.1

  • Any minor offense committed if caught in the act (in flagrante delicto) shall be dealt with by the OSD with urgency and exigency subject to due process.

    • Section 19.8.2

  • The OSD shall inform the parent/guardian of the student being charged depending on the gravity of the offense.

    • Section 19.8.3

  • Any minor offense reported and properly filed in the OSD shall be submitted to the OSD Coordinator to conduct a preliminary investigation.

    • Section 19.8.3.1

    • If the complaint is substantial, the OSD shall notify the student in writing of the charges against her/him, including evidences and witnesses

      • Section 19.8.3.2

    • Depending on the nature of and circumstances surrounding the offense, the Coordinator may or may not conduct an actual hearing.

      • Section 19.8.3.3

    • If the complaint is without merit, a Notice of Case Dismissal shall be given in writing.

      • Section 19.8.3.4

    • If hearing is warranted, the student shall be given the opportunity to answer the charges in three (3) working days, including counter-presentation of pieces of evidence/witnesses; otherwise, the OSD shall summarily resolve the case/complaint.

      • Section 19.8.3.5

    • Sanction, if called for, shall be decided upon by the OSD and a Memorandum of Disciplinary Action (MDA) shall be recommended for implementation.

Section 19.9

  • The MDA for minor offenses meted out to erring students shall be implemented by the OSD.

Section 19.10

  • The complainant or aggrieved party or University authority shall submit a formal complaint/report to the OSD complete with facts (pieces of evidences, names of witnesses); upon receipt by the OSD, the same shall be submitted to the Chairman of the CDB or UDB, as the case may be, not later than two working (2) days.

      • Section 19.10.1

    • The complainant or aggrieved party or University authority shall submit a formal complaint/report to the OSD complete with facts (pieces of evidences, names of witnesses); upon receipt by the OSD, the same shall be submitted to the Chairman of the CDB or UDB, as the case may be, not later than two working (2) days.

      • Section 19.10.2

    • If the complaint is substantial, the OSD or the Chairman of the CDB or UDB shall send a Notice of Formal Charges to notify the student in writing of the charges against him/her, including evidences and witnesses; who then shall be required to reply in writing not later than three (3) working days upon receipt thereof

      • Section 19.10.3

    • The CDB or UDB shall inform the parent/guardian of the student being charged.

      • Section 19.10.4

    • The CDB or UDB shall be convened not later than two (2) working days after receipt of the student respondent’s answer or after the expiration of the period within which the respondent should answer on the day and hour set by the Chairman of the CDB or UDB, to hear both parties and their witnesses. For this purpose, the board may issue summons for the personal appearance of parties and witnesses

      • Section 19.10.5

    • All parties concerned shall be notified of the date set for the hearing at least two (2) working days before such hearing. The student respondent may defend himself personally or by counsel of his own choice.

      • Section 19.10.6

    • The CDB or UDB shall hold hearings continuously or at least three times a week until the case has been resolved. The board shall arrive at a resolution of the case within fifteen (15) working days from the day it convenes on the first hearing, and at the discretion of the Chairman, be extended not to exceed five (5) working days except in clearly reasonable situations. The complainant who has the burden of proof shall be heard first and the student respondent may submit counter pieces of evidences, if he/she so desires

      • Section 19.10.7

    • Refusal/failure of any party or witnesses to appear in compliance with the summons without sufficient cause, the board shall note this fact and thereafter proceed to hear the case ex-parte without prejudice to their appearance in subsequent hearings.

      • Section 19.10.8

    • The board, on the application of either the complainant or the respondent, may in its discretion and for cause, postpone the hearing for such period of time provided the ends of justice and the right of the parties to a speedy hearing will not be compromised.

      • Section 19.10.9

    • The records of the hearing with the report of findings and therecommendation shall be signed by the CDB or UDB. The official report shall state the specific regulations and procedures followed, the findings on the facts, the final decision and recommendation whether the case is dismissed or the respondent shall be meted out sanction.

      • Section 19.10.10

    • If the board finds the complaint without merit, a Notice of Case Dismissal shall be given in writing. If the case stands, a Memorandum of Disciplinary Action (MDA) shall be recommended by the board.

      • Section 19.10.11

    • The official report shall be submitted to the Office of the Executive Director and shall be reviewed if warranted by the Vice President for Academic Affairs (VPAA).

      • Section 19.10.12

    • The MDA issued to students found guilty of committing any major offense shall be implemented by the OSD for sanctions less than 15-day suspension.

      • Section 19.10.13

    • The MDA to students found guilty of committing any major offense with 15-day suspension or stiffer penalty shall be implemented by the Office of Academic Affairs or the Office of the Executive Director. However, the implementation of the sanction of expulsion shall be vested upon the Office of the University President.

      • Section 19.10.14

    • The parent/guardian shall be notified of the disciplinary action (or sanction) for the offenses committed by the student.

      • Section 19.10.15

    • The student subjected to or meted out with disciplinary action for major offenses has the right to appeal.

      • Section 19.10.16

    • The appeal shall be made on the following grounds:

        • 19.10.16.1

      • Due process was not provided to the student, (there is evidence that some aspect of the investigation/hearing was prejudicial, arbitrary, or capricious);

        • 19.10.16.2

      • Significant new information, not reasonably available at the time of the investigation/hearing, has become available; and

        • 19.10.16.3

      • The disciplinary action (or sanction) imposed is not proportionate to the nature and seriousness of the offense.

      Section 19.10.17

    • The student must submit a written Notice of Appeal to the issuing authority within two (2) working days upon receipt of the MDA. Appeal shall only be allowed after a motion for reconsideration is filed and decided upon by the Discipline Board or OSD.

      • Section 19.10.18

    • The Vice-president for Academic Affairs upon recommendation by the Executive Director shall create a 5-man Student Appeals Committee (SAC) composed of two (2) administration officials, two (2) faculty members, and the University Legal Counsel. Item # 20.5shall be adopted here.

      • Section 19.10.19

    • Pending appeal, the MDA shall not be implemented yet.

      • Section 19.10.20

    • The Student Appeals Committee (SAC) shall determine the merit of the appeal if the grounds exist and whether or not to accept the appeal. If the SAC.

        • 19.10.20.1

      • Decides not to accept the appeal, the student will be notified in writing and the MDA will take effect immediately;

        • 19.10.20.2

      • Accepts the appeal, on the matter of due process or that significant new information has become available, the case shall be scheduled for a new hearing with instructions to correct the deficiencies;

        • 19.10.20.3

      • Accepts the appeal, on the grounds that the sanction imposed is not proportionate to the nature and seriousness of the offense, then it may recommend to the OSD or Discipline Board for review of the original sanction

      Section 19.10.20.21

    • The SAC shall decide the appeal within five (5) working days from its acceptance.

      • Section 19.10.20.22

    • The decision on any case involving sanction of suspension exceeding twenty percent (20%) of the prescribed school days for a school year or semester or term shall be forwarded to the CHED Regional Office concerned for its information within ten days from the termination of the investigation/hearing.

      • Section 19.10.20.23

    • The decision on any case involving the penalty of expulsion, together with the supporting documents, shall be forwarded to the CHED Regional Office concerned within ten days from the termination of the investigation/hearing
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