Article I: General Provisions
Section 1. Title. This document shall be called the UP Diliman Students’ Magna Carta.
Section 2. Declaration of Policy. To fully realize the potential of each student to contribute to the shared vision of building a national university geared towards research and public service, it is the policy of the UP Diliman Students’ Magna Carta to define, defend, promote, and enforce students’ rights and welfare. It is recognized that the enforcement of this Document is indispensable in nurturing a community of scholars that upholds honor and inspires excellence, which mark and distinguish UP Education.
Section 3. Coverage. This document shall be enforceable against any member of the UP Community for violation of any student right defined herein, committed within or outside the premises of the University.
Section 4. Definitions.
A student is any individual admitted to and registered in a degree or non-degree program, or cross-registered in any course of the University on a regular or part-time basis, including one who is officially on leave of absence; and who has not yet been separated from the University through either transfer, graduation, honorable or dishonorable dismissal, expulsion, or expiration of the period allowed for maximum residence.
A registered student is any student with a Form 5A approved in accordance with the rules of their program.
The UP Community shall consist of students, the teaching personnel, the non-teaching personnel, and anyone under the administrative supervision of the University.
Section 2. Declaration of Policy. To fully realize the potential of each student to contribute to the shared vision of building a national university geared towards research and public service, it is the policy of the UP Diliman Students’ Magna Carta to define, defend, promote, and enforce students’ rights and welfare. It is recognized that the enforcement of this Document is indispensable in nurturing a community of scholars that upholds honor and inspires excellence, which mark and distinguish UP Education.
Section 3. Coverage. This document shall be enforceable against any member of the UP Community for violation of any student right defined herein, committed within or outside the premises of the University.
Section 4. Definitions.
A student is any individual admitted to and registered in a degree or non-degree program, or cross-registered in any course of the University on a regular or part-time basis, including one who is officially on leave of absence; and who has not yet been separated from the University through either transfer, graduation, honorable or dishonorable dismissal, expulsion, or expiration of the period allowed for maximum residence.
A registered student is any student with a Form 5A approved in accordance with the rules of their program.
The UP Community shall consist of students, the teaching personnel, the non-teaching personnel, and anyone under the administrative supervision of the University.
Article II: Fundamental Rights
Section 1. Every student shall, at all times, be treated with dignity and respect by all members of the UP community.
Section 2. No student shall be deprived of due process and the speedy disposition of his or her case in any tribunal.
Section 3. Every student shall, within the confines of the University, enjoy the freedom of speech, of expression, and the right to air and seek redress of grievances.
Section 4. No student shall be discriminated against nor denied admission based solely on sexual orientation, gender identity and expression, religion, affiliation, mental or physical abilities, racial and ethnic background, socio-economic class, political beliefs, and age.
Section 5. Every student shall enjoy the privacy of communication and correspondence, and the confidentiality of his or her school records.
Section 6. No student right shall be impaired due to financial shortcoming.
Section 7. Every student shall have access to basic necessities such as, but not limited to, food, water, shelter, transportation, and health services.
Section 8. Every student shall have the right to information about matters directly affecting their interests and welfare within the University.
They shall be informed of the duly approved rules and policies defining and governing student conduct and the system of sanctions and consequences that is in place.
University officials and student government officers shall periodically present in public reports detailing the state of their respective offices.
Section 9. Every student is entitled to access to his or her school records, the confidentiality of which the school shall maintain and preserve, and to the prompt correction thereof, whenever necessary.
Section 10. Every student has the right to be safe and to be free from actions and omissions that endanger safety.
Section 11. Every student shall have full ownership of the product of his or her own intellectual property and creations, having regard to the social function of one’s work.
Section 2. No student shall be deprived of due process and the speedy disposition of his or her case in any tribunal.
Section 3. Every student shall, within the confines of the University, enjoy the freedom of speech, of expression, and the right to air and seek redress of grievances.
Section 4. No student shall be discriminated against nor denied admission based solely on sexual orientation, gender identity and expression, religion, affiliation, mental or physical abilities, racial and ethnic background, socio-economic class, political beliefs, and age.
Section 5. Every student shall enjoy the privacy of communication and correspondence, and the confidentiality of his or her school records.
Section 6. No student right shall be impaired due to financial shortcoming.
Section 7. Every student shall have access to basic necessities such as, but not limited to, food, water, shelter, transportation, and health services.
Section 8. Every student shall have the right to information about matters directly affecting their interests and welfare within the University.
They shall be informed of the duly approved rules and policies defining and governing student conduct and the system of sanctions and consequences that is in place.
University officials and student government officers shall periodically present in public reports detailing the state of their respective offices.
Section 9. Every student is entitled to access to his or her school records, the confidentiality of which the school shall maintain and preserve, and to the prompt correction thereof, whenever necessary.
Section 10. Every student has the right to be safe and to be free from actions and omissions that endanger safety.
Section 11. Every student shall have full ownership of the product of his or her own intellectual property and creations, having regard to the social function of one’s work.
Article IV: Right to Adequate, Accessible, Safe Facilities and Services
Section 1. The University shall provide and maintain operation of adequate, accessible, and safe campus facilities, spaces, and services such as:
- Academic facilities
- Housing facilities and services
- Health and medical facilities and services
- Sports facilities
- Facilities for extra-curricular activities
- Student centers and organization spaces
- Spaces for free exercise of religious beliefs
- Food facilities and services
- Waste management facilities
Article V: Right to Representation
Section 1. Students shall have the right to establish and run structures of self-governance, mechanisms for advocacy, and systems of decision-making. To this end, the University shall support and facilitate the creation and operation of student councils and student publications.
Section 2. Students shall have the right to represent themselves in decision-making, policy-making, and adjudicatory bodies as well as to participate in or influence the governance of the University.
They shall have the right to examine existing school policies, initiate appropriate amendments and appeal decisions of policy-making bodies . This shall also apply to college-level decisions or any sub-unit of the college.
Section 3. Beyond student representation in different committees, students shall have the right to be consulted before any school rule affecting them is approved and implemented.
Consultations shall be in the form of focus group discussions and student assemblies. Reasonable time shall be given for students to decide on the matter. No vote in an assembly shall be valid unless there is attendance of at least a simple majority of the students in the college or unit.
Section 4. The students shall have the right to be consulted, as provided in the preceding section, on any proposed increase or creation of school fees and apprised of their respective justification. There shall be systemic dissemination of adequate information regarding tuition and school fees.
The Board of Regents shall act on a proposal to adjust school fees only after sufficient and proper consultation with the students prior to the academic year when the increase or creation of school fees is to take effect. A school fee approved in the first semester shall take effect in the first semester of the next academic year. A school fee approved in the second semester shall take effect in the second semester of the next academic year.
Any necessary adjustments and objections shall be discussed in consultative meetings which shall be properly documented and circulated. In justifying any proposed tuition increase or creation of school fees before the Board of Regents, the School Administration shall be required to present the pertinent financial statements for the last five (5) years immediately preceding the proposal for such increase or creation of school fees. These financial statements must include, but shall not be limited to, the proposed budget, the fund allocated by the government and the self-generated funds, and the breakdown of the expenses of the college or unit involved.
Section 5. No involuntary contributions shall be exacted from students except those approved by their own organizations or student governments.
Section 6. Students shall have the right to establish student publications consistent with existing statutes on campus journalism. All publications produced by students shall be self regulated. School authorities shall not unduly sanction members of campus press and media.
Section 7. Students shall have the right to initiate the formulation, modification and rejection of a school policy affecting students by making proper representation to official bodies.
A student initiative that succeeds in securing the support of at least 10% of the student population, in the university-level, college level, or unit-level, as the case may be, may compel the concerned administration to deliberate on the school policy at issue. At least two (2) representatives from the concerned initiative shall be allowed to participate in the deliberations.
A student initiative may furthermore directly enact, modify, or reject a school policy; provided, that a signed petition of at least 20% of the student population of the university or college level, as the case may be, is submitted to the OVCSA; provided, further, that the petition shall be subjected to a student referendum. The referendum shall be officially conducted by a body specifically appointed by the OVCSA upon the expiration of a 60-day period, which shall begin 10 working days from submission of documents showing compliance with the formal requirements to the OVCSA.
Section 8. Student leaders, including members of the school publication, shall be assured of security of tenure in their positions for the duration of their term, unless removed due to academic cases, disciplinary cases, impeachment, resignation, or death.
Section 2. Students shall have the right to represent themselves in decision-making, policy-making, and adjudicatory bodies as well as to participate in or influence the governance of the University.
They shall have the right to examine existing school policies, initiate appropriate amendments and appeal decisions of policy-making bodies . This shall also apply to college-level decisions or any sub-unit of the college.
Section 3. Beyond student representation in different committees, students shall have the right to be consulted before any school rule affecting them is approved and implemented.
Consultations shall be in the form of focus group discussions and student assemblies. Reasonable time shall be given for students to decide on the matter. No vote in an assembly shall be valid unless there is attendance of at least a simple majority of the students in the college or unit.
Section 4. The students shall have the right to be consulted, as provided in the preceding section, on any proposed increase or creation of school fees and apprised of their respective justification. There shall be systemic dissemination of adequate information regarding tuition and school fees.
The Board of Regents shall act on a proposal to adjust school fees only after sufficient and proper consultation with the students prior to the academic year when the increase or creation of school fees is to take effect. A school fee approved in the first semester shall take effect in the first semester of the next academic year. A school fee approved in the second semester shall take effect in the second semester of the next academic year.
Any necessary adjustments and objections shall be discussed in consultative meetings which shall be properly documented and circulated. In justifying any proposed tuition increase or creation of school fees before the Board of Regents, the School Administration shall be required to present the pertinent financial statements for the last five (5) years immediately preceding the proposal for such increase or creation of school fees. These financial statements must include, but shall not be limited to, the proposed budget, the fund allocated by the government and the self-generated funds, and the breakdown of the expenses of the college or unit involved.
Section 5. No involuntary contributions shall be exacted from students except those approved by their own organizations or student governments.
Section 6. Students shall have the right to establish student publications consistent with existing statutes on campus journalism. All publications produced by students shall be self regulated. School authorities shall not unduly sanction members of campus press and media.
Section 7. Students shall have the right to initiate the formulation, modification and rejection of a school policy affecting students by making proper representation to official bodies.
A student initiative that succeeds in securing the support of at least 10% of the student population, in the university-level, college level, or unit-level, as the case may be, may compel the concerned administration to deliberate on the school policy at issue. At least two (2) representatives from the concerned initiative shall be allowed to participate in the deliberations.
A student initiative may furthermore directly enact, modify, or reject a school policy; provided, that a signed petition of at least 20% of the student population of the university or college level, as the case may be, is submitted to the OVCSA; provided, further, that the petition shall be subjected to a student referendum. The referendum shall be officially conducted by a body specifically appointed by the OVCSA upon the expiration of a 60-day period, which shall begin 10 working days from submission of documents showing compliance with the formal requirements to the OVCSA.
Section 8. Student leaders, including members of the school publication, shall be assured of security of tenure in their positions for the duration of their term, unless removed due to academic cases, disciplinary cases, impeachment, resignation, or death.
Article VI: Right to Organization
Section 1. Students shall have the right to form, assist, join, and participate in organizations, fraternities, sororities, societies, formations, and alliances in the University, in the pursuit of common purpose, principles, interests, and other lawful goals.
The University shall recognize the choice of the student as to which organization to join and when he or she decides to join.
Section 2. Student groups shall have the right to be recognized, subject to reasonable standards as determined by the appropriate offices concerning student affairs. Prior to any modification of standards on recognition of organizations, amendments shall be consulted with the student groups affected. Any amendments thereto shall take effect in the succeeding academic year. The administration shall engage student organizations in policies relating to their organizational rights.
Non-recognition shall not in any way, deprive student groups of the exercise of their rights which are necessary for their organization. The school administration shall provide assistance to comply with the recognition process.
Section 3. Student organizations shall enjoy autonomy in the determination of their objectives, formation of their leadership and organizational structures, admission of their members, utilization of their resources and the overall conduct of their affairs. This right shall be in accordance with the reasonable parameters set by the university.
The student groups shall have the right to choose their organization moderators. These moderators act only in an advisory capacity and shall not exercise any power of supervision or control, except as otherwise required by law.
Section 4. The school administration shall have the duty to designate spaces which are conducive for the exercise of the rights of student organizations. It shall be the responsibility of the student organizations to manage these spaces in accordance with reasonable guidelines for its use.
Section 5. Students shall have the right to peaceably assemble. Their right to collectively unite or congregate for the furtherance of their lawful interests shall not be curtailed.
The University shall recognize the choice of the student as to which organization to join and when he or she decides to join.
Section 2. Student groups shall have the right to be recognized, subject to reasonable standards as determined by the appropriate offices concerning student affairs. Prior to any modification of standards on recognition of organizations, amendments shall be consulted with the student groups affected. Any amendments thereto shall take effect in the succeeding academic year. The administration shall engage student organizations in policies relating to their organizational rights.
Non-recognition shall not in any way, deprive student groups of the exercise of their rights which are necessary for their organization. The school administration shall provide assistance to comply with the recognition process.
Section 3. Student organizations shall enjoy autonomy in the determination of their objectives, formation of their leadership and organizational structures, admission of their members, utilization of their resources and the overall conduct of their affairs. This right shall be in accordance with the reasonable parameters set by the university.
The student groups shall have the right to choose their organization moderators. These moderators act only in an advisory capacity and shall not exercise any power of supervision or control, except as otherwise required by law.
Section 4. The school administration shall have the duty to designate spaces which are conducive for the exercise of the rights of student organizations. It shall be the responsibility of the student organizations to manage these spaces in accordance with reasonable guidelines for its use.
Section 5. Students shall have the right to peaceably assemble. Their right to collectively unite or congregate for the furtherance of their lawful interests shall not be curtailed.
Article VII: Right to Security
Section 1. Every student shall enjoy security of his or her person and property. He or she shall be free from physical and psychological harm, and all forms of harassment.
Section 2. An officer who shall enforce security and safety protocols and address student grievances specific to these matters shall be designated in every college.
Section 3. Every student in the University shall be free from all forms of unreasonable searches and seizures.
ection 1. Every student shall enjoy security of his or her person and property. He or she shall be free from physical and psychological harm, and all forms of harassment.
Section 2. An officer who shall enforce security and safety protocols and address student grievances specific to these matters shall be designated in every college.
Section 3. Every student in the University shall be free from all forms of unreasonable searches and seizures as provided by law.
Section 4. No military detachment or external police force shall be installed or maintained in the University campus, except in the case of national or local emergencies, such as war, natural calamities, or if the prevailing situation so requires.
Section 2. An officer who shall enforce security and safety protocols and address student grievances specific to these matters shall be designated in every college.
Section 3. Every student in the University shall be free from all forms of unreasonable searches and seizures.
ection 1. Every student shall enjoy security of his or her person and property. He or she shall be free from physical and psychological harm, and all forms of harassment.
Section 2. An officer who shall enforce security and safety protocols and address student grievances specific to these matters shall be designated in every college.
Section 3. Every student in the University shall be free from all forms of unreasonable searches and seizures as provided by law.
Section 4. No military detachment or external police force shall be installed or maintained in the University campus, except in the case of national or local emergencies, such as war, natural calamities, or if the prevailing situation so requires.
Article VIII: Rights of Students in Disciplinary Proceedings
Section 1. University policies or regulations, especially those that are penal or analogous in nature, shall only be enforced prospectively.
Section 2. No administrative case shall be initiated against a student except upon finding of probable cause. Probable cause is the existence of such facts and circumstances that would lead a reasonably discreet and prudent person to believe that the act of misconduct was committed and that the student sought to be investigated was involved in its commission.
Section 3. A respondent is any student who may be charged administratively for violations of rules on student conduct. Each respondent shall enjoy the following rights:
year from the commission or discovery of the offense, whichever is later. Otherwise, the action shall prescribe.
Section 2. No administrative case shall be initiated against a student except upon finding of probable cause. Probable cause is the existence of such facts and circumstances that would lead a reasonably discreet and prudent person to believe that the act of misconduct was committed and that the student sought to be investigated was involved in its commission.
Section 3. A respondent is any student who may be charged administratively for violations of rules on student conduct. Each respondent shall enjoy the following rights:
- To the integrity of the administrative procedure;
- To notice of the charges against him or her;
- To be heard only on evidence introduced at the proceedings of which the respondent has been properly apprised;
- To defend oneself personally or, in the case of minors, through one’s parents or guardians;
- To be assisted by counsel of one’s choice, if so desired;
- To a speedy and judicious resolution of the case;
- To a decision supported by substantial evidence;
- To request as corrective measure community service, in cases so allowed, which may only be granted by the disciplinary body concerned;
- To appeal a decision in accordance with this Magna Carta, the Student Code, and/or the UP Charter;
- To confidentiality of proceedings, documents, and records.
year from the commission or discovery of the offense, whichever is later. Otherwise, the action shall prescribe.
Article IX: Enforcement
Section 1. Complaint or Petition for enforcement. A complaint may be filed by any student or group of students invoking the Magna Carta when there is a prima facie finding of a violation thereof by a member of the UP Community.
A petition for enforcement may be filed by any student or group of students who wish to invoke particular provisions of the Magna Carta, there being no palpable violation thereof by any member of the UP Community.
Section 2. Magna Carta Tribunal. A Magna Carta Tribunal shall receive complaints and petitions for enforcement. The tribunal shall be composed of the Vice-Chancellor for Student Affairs, who shall be an ex officio member, a representative from the University Student Council, a representative from the Law Student Government, a representative from the student body nominated by the USC, a representative from the teaching personnel, and a representative from the non-teaching personnel.
Section 3. Complaint; how commenced. A complaint or incident report in writing shall be submitted to the Office of the Vice Chancellor of Student Affairs. It shall contain the acts committed, the specific provision of the Magna Carta violated, and the identity of the defendant. Other pieces of evidence supporting the allegations shall be attached to complaint or incident report.
Section 4. Response. Within five (5) calendar days from receipt of notice of the complaint filed against him or her, the defendant shall submit a response in writing, serving a copy to the complainant.
Section 5. Finding of the Magna Carta Tribunal. Upon the finding of a prima facie violation, the Tribunal shall recommend that the Chancellor issue a formal charge against the respondent/s. Otherwise, the complaint shall be dismissed. In all cases, the Tribunal shall submit its report to the Chancellor or dismiss the complaint within five (5) days from the date it is convened.
Section 6. Hearing Committee; when constituted; composition. Upon recommendation of the Magna Carta Tribunal to the Chancellor that a formal charge should be issued, the Chancellor shall constitute a committee for the purpose of hearing the case. There shall be, at least, one member each from the student body, the teaching personnel, and the non-teaching personnel.
The members of the hearing committee shall be obtained from a pool of nominees submitted by the members of the Magna Carta Tribunal upon its constitution. They shall be formally appointed by the Office of Chancellor. Failure of a hearing committee member to attend to his or her duties shall warrant disciplinary action as determined by the internal rules of the Tribunal.
Section 7. Proceedings and prohibited actions. The Hearing Committee shall not be bound by technical rules of evidence and all proceedings shall be summary in nature. The parties and their witnesses, if any, shall submit affidavits subject to clarificatory questions by the hearing committee. The following requests shall be prohibited:
SOURCE: USCbit.ly/UPDMagnaCarta
A petition for enforcement may be filed by any student or group of students who wish to invoke particular provisions of the Magna Carta, there being no palpable violation thereof by any member of the UP Community.
Section 2. Magna Carta Tribunal. A Magna Carta Tribunal shall receive complaints and petitions for enforcement. The tribunal shall be composed of the Vice-Chancellor for Student Affairs, who shall be an ex officio member, a representative from the University Student Council, a representative from the Law Student Government, a representative from the student body nominated by the USC, a representative from the teaching personnel, and a representative from the non-teaching personnel.
Section 3. Complaint; how commenced. A complaint or incident report in writing shall be submitted to the Office of the Vice Chancellor of Student Affairs. It shall contain the acts committed, the specific provision of the Magna Carta violated, and the identity of the defendant. Other pieces of evidence supporting the allegations shall be attached to complaint or incident report.
Section 4. Response. Within five (5) calendar days from receipt of notice of the complaint filed against him or her, the defendant shall submit a response in writing, serving a copy to the complainant.
Section 5. Finding of the Magna Carta Tribunal. Upon the finding of a prima facie violation, the Tribunal shall recommend that the Chancellor issue a formal charge against the respondent/s. Otherwise, the complaint shall be dismissed. In all cases, the Tribunal shall submit its report to the Chancellor or dismiss the complaint within five (5) days from the date it is convened.
Section 6. Hearing Committee; when constituted; composition. Upon recommendation of the Magna Carta Tribunal to the Chancellor that a formal charge should be issued, the Chancellor shall constitute a committee for the purpose of hearing the case. There shall be, at least, one member each from the student body, the teaching personnel, and the non-teaching personnel.
The members of the hearing committee shall be obtained from a pool of nominees submitted by the members of the Magna Carta Tribunal upon its constitution. They shall be formally appointed by the Office of Chancellor. Failure of a hearing committee member to attend to his or her duties shall warrant disciplinary action as determined by the internal rules of the Tribunal.
Section 7. Proceedings and prohibited actions. The Hearing Committee shall not be bound by technical rules of evidence and all proceedings shall be summary in nature. The parties and their witnesses, if any, shall submit affidavits subject to clarificatory questions by the hearing committee. The following requests shall be prohibited:
- Extension of time to file an answer;
- Dismissal of the complaint;
- Re-opening of a case;
- Bill of particulars;
- Demurrer to evidence;
- Postponements/cancellation of hearings;
- Reply/rejoinder;
- Intervention; and
- New proceedings on the same case.
SOURCE: USCbit.ly/UPDMagnaCarta
