Rules of Discipline

WHEREAS, Every private school shall have the right to promulgate reasonable norms, rules and regulations it may deem necessary and consistent with the provisions of the 1992 Manual of Regulations for Private Schools for the maintenance of school discipline and class attendance.

WHEREAS, Every private school shall maintain good school discipline inside the school campus as well as outside the school premises when students are engaged in activities authorized by the school.

NOW, WHEREFORE, with the authority vested to San Sebastian College-Recoletos through the Law Dean, this rule is hereby prescribed and promulgated:

PART I

GENERAL PROVISIONS

Section 1. Title. This rules shall be known as the 2010 Manual for School Discipline in the College of Law.

Section 2. Coverage. This Manual shall apply to all law students enrolled in the College of Law, San Sebastian College – Recoletos, whether he/she is a regular student, irregular, transferee, cross-enrollee or on authorized leave of absence and to professors. This rule shall be applied by analogy to all Bar Reviewees and Legal Enhancement Program students currently enrolled in the College of Law/Review Center.

Section 3. Application of the rules. The interpretation and implementation of these rules shall be applied liberally in order to promote the welfare of the students, to impose discipline to all students, and to afford substantial justice to everyone.

Section 4. Implementation of the rules. The Office of the Dean thru the Prefect of Student Affairs and Discipline shall be tasked to implement this Manual for school discipline.

Section 5. Powers and Functions of the Office of the Prefect of Student Affairs and Discipline.

The following are the powers and functions of the Office of the Prefect of Students Affairs:

a) Supervisory power – To supervise and oversee the operations of all student organizations in the campus and to ensure their compliance with all school regulations;

b) Power to implement rules and conduct investigation. – To implement all rules on student conduct and discipline and motu propio conduct investigation/inquiries of any breach of discipline and violations of the Rules and Regulations of the school;

c) Conduct of Disciplinary Action and imposition of penalties. – The Prefect for Student Affairs and Discipline shall have the right to impose appropriate and reasonable disciplinary measures in case of minor offenses or infractions of good school discipline. Academic personnel shall exercise this right only when the breach of school discipline is committed in their presence. The Law Dean or at his option through the Prefect for Student Affairs and Discipline shall impose disciplinary measures in case of major offenses. However, no cruel or physically harmful punishment shall be imposed or applied against any law student;

d) Formulation and implementation of grievance procedure. – To formulate and implement a grievance procedure that shall apply to all sectors in the College of Law;

e) Supervision of bar operation project and bar review. – To supervise, regulate and be the head of the bar operations project of the students for SSC-R graduates and the bar review and to coordinate with school authorities in regard to the same;

f) Monitoring. – To ensure that all the members of the faculty comply with and implement rules on student discipline;

g) Others. – To perform such duties as the Dean of the College of Law may require from time to time. It is understood that all activities and projects of the Office be with the proper consent and approval of the Dean of the College of Law and the school administration.

PART II

GRIEVANCE PROCEDURE

Section 1. Grievance procedure. – There shall be a grievance procedure that will be established in the SSC-R College of Law to be adopted in the conduct of inquiries and/or investigation of all cases/ complaints against students and professors:

Section 2. Filing of Disciplinary ActionAgainst Erring Law Students. – Any aggrieved party may file a written complaint duly signed by the complainant against an erring law student calling for an action for school discipline before the Office of the Prefect for Student Affairs and Discipline. No disciplinary sanction shall be applied upon any law student except for cause as defined herein, and under applicable law, rules and regulations, and only after due process shall have been observed. The punishment shall be commensurate with the nature and gravity of the offense. No anonymous letter shall be entertained.

Nothing herein contained shall prevent the Dean of the College of Law, the Prefect of Student Affairs and Discipline or their duly authorized representatives from conducting an investigation on their own initiatives/motu propio for any perceived illegal or improper acts or conduct and/or from imposing any disciplinary sanctions or measures on erring students, employees and faculty members of the College of Lawrelative thereto.

Section 3. Service of Notice. - Upon receipt of the complaint and after preliminary evaluation by the Prefect, notice shall be issued and served to the respondent requiring him to file the required answer within the period prescribed herein.

Section 4. Filing of Answer. - Respondent shall have five (5) working days from receipt of the notice to file an answer to the Office of the Prefect. The answer may be supported by affidavits and other evidence deemed necessary and relevant to the case.

Section 5. Failure to answer. - In case respondent failed to file an Answer within the reglementary period, it shall be considered as a waiver of his right to be heard and present evidence, andthe case shall be decided ex parte based on the evidence on record.

Section 6. Preliminary Conference. – After the answer had already been filed, the Office of the Prefect shall issue a notice of preliminary conference for the purpose of amicable settlement, to define issues, marking of exhibits, admissions, stipulations of facts and other matters necessary for the early resolution of the case. Parties are required to appear personally, and no postponement shall be allowed. If the parties agree to settle the case amicably, they are required to submit a compromise agreement and/or affidavit/letter desistance, and they shall move for the dismissal of the case.

Section 7. Clarificatory Hearing. At the option of the Prefect of Student Affairs and Discipline, whenever deemed necessary, he may call for a clarificatory conference to clarify matters, in which case the parties and their witnesses are required to appear before him within three (3) working days upon receipt of the notice for clarificatory conference.

During the clarificatory conference hearing, only the Prefect of Student Affairs and Discipline has the right to ask clarificatory questions. The parties may submit questions to the Prefect should the Prefect deem it necessary, proper and possible.

Section 8. No postponement rule.Subject to compliance with the requirements of due process and school regulations, the procedure for disciplinary action against a student shall be summary in nature. No postponement of hearing shall be allowed.

Section 9. Hearing Proper. If no settlement was reached, a notice of hearing shall be issued and the parties and their witness are required to appear, within three (3) working days, at the hearing. The student shall be assisted in the proceedings by his/her parent(s) and/or guardian(s).

Section 10. Resolution.A resolution on every case filed shall be issued one (1)week from the date the case was submitted for decision.

Section 11. Order and transmittal of the Order to the Law Dean. –Upon the lapse of two (2) days from issuance of resolution andwhen no Motion for Reconsideration is filed to the Office of the Prefect or no appeal to the Office of the Dean of the College of Law has been filed, the resolution and the case shall be forwarded to the Office of the Dean for signature and approval.

Section 12. Motion for Reconsideration. – An aggrieved party may file a Motion for Reconsideration on the adverse decision based only on new matters or supervening events and on meritorious grounds which shall be filed within a non-extendible period of two (2) working days from receipt of the said adverse decision with the Office of the Prefect copy furnished the adverse party. Within one (1)week from receipt of the Prefect of the Motion for Reconsideration, he shall issue an order for its ruling on the motion subject to the approval of the Law Dean. No second motion for reconsideration by the same party shall be allowed.

Section 13. Appeal.Appeal shall be taken to the Office of the Dean of the College of Law within a non extendible period of two (2) working days from receipt of the Order/Decision or from receipt of the order denying the motion for reconsideration.

Section 14. Implementation.The decision/resolution duly signed by the Prefect of Student Affairs and Discipline and duly approved by the Dean of the College of Law shall be implemented within two (2) working days from date of issue and when no motion for reconsideration or appeal has been filed. Copies of the Decision/Order shall be furnished the proper offices concerned for appropriate action and implementation.

Section 15. Filing of Written Complaint Against Erring Law Professors. – Written complaints against erring Professors may also be filed at the Office of the Prefect for Student Affairs and Discipline which has jurisdiction over the same. The procedure herein provided shall be applied by analogy and whenever applicable to complaints filed against erring professors. No anonymous letter shall be entertained. In any case, confidentiality of the identity of the complainant/s in the complaint against erring professors shall always be observed and given primordial consideration. If evidence permits and continuance of the action is necessary, the Office of the Prefect of Student Affairs and Discipline shall require the professor concerned to file his answer following the prescribed procedure herein. Only a clarificatory hearing shall be had between the Prefect of Student Affairs and Discipline and the respondent professor. Complainant need not attend the hearing to preserve the confidentiality of his / her identity.

PART III

CLASSIFICATION OF OFFENSES

Section 1. Classification of offenses. – Offenses committed by the students shall be categorized as minor and serious offenses with their corresponding penalties herein provided.

Section 2. Minor Offenses. – The following acts of the students shall be considered as minor offenses, as follows, to wit:

  • Not wearing ID Card while inside the school premises
  • Lending or using someone else’s ID Card
  • Violation of the Dress Code
  • Littering
  • Loitering in corridors during class hours
  • Boisterous conduct along corridors, school passages, hallways or in the Law library
  • Violating the hair length policy for male law students
  • Disturbing classes
  • Public display of intimacy
  • Smoking inside or within school premises (corridors, comfort rooms, library, etc.)
  • Violation of footwear regulation
  • Using cellular phones or other similar gadgets in a way that annoy the lecturer or professor inside the classroom during class hours or during lectures
  • Wearing earrings (for male students) and multiple earrings (for female students)
  • Display of tattoo
  • Non-presentation of school ID upon request by any school personnel
  • Discourtesy towards any member of the school community, non-teaching personnel and law professors
  • Misbehavior / misconduct inside the classroom during class hours

Section 3. Serious offenses. – The following acts shall be considered as serious offenses with their corresponding imposable penalties, as follows, to wit:

  • Cheating and/or any form of intellectual dishonesty;
  • Falsifying school records or any documents related to the school or to the law student’s status;
  • Making false statements or representations in relation to his student status especially during enrollment;
  • Publication or circulation of false or derogatory information against the school or any of its personnel, fellow students or law professors;
  • Alcoholism or entering the campus under the influence of alcohol;
  • Drug addiction;
  • Theft;
  • Disrespect and disobedience to school authorities, professors;
  • Mauling, brawls, or inflicting physical injuries on any member of the school community either inside or outside of the school premises including fraternity/gang war/s;
  • Vandalism;
  • Gambling inside the school premises;
  • Threats, coercion, intimidation or assault of any member of the school community;
  • Immorality or scandalous conduct in school related activities inside or outside school premises;
  • Bribing any member of school community, professors etc.,
  • Hazing or infliction of physical or mental harm and/ or illicit initiation for admission in any organization, whether committed in the school or in any other place;
  • Preventing or threatening a law student or school personnel from entering the school premises or attending classes;
  • Sexual harassment or any other form of sexual advances;
  • Contempt and ridicule of religious celebration, practices, beliefs and activities;
  • Proselytizing or conducting religious discussions, rites, or meetings contrary to the Catholic faith;
  • Making unauthorized announcements, posting of notices, information, posters, streamers or posters;
  • Formation or participation in organization of group activities not directly recognized by the College of Law;
  • Unauthorized use of the name of the school;
  • Unauthorized use of school facilities and property;
  • Destroying or damaging school facilities and property;
  • Swindling, fraud, issuance of bouncing checks to any member of the school community and/ or extortion from an individual, group or organization or commission of crimes involving moral turpitude;
  • Malversation of funds of a class, group or organization;
  • Violating the rights to confidentiality and/ or security of one’s records or credentials of any member of the school community;
  • Influencing a non-teaching personnel or student assistant to gain unauthorized access or information, whether electronic or otherwise, to student records and data sheet, someone else’s grades, Law professors’ unofficial grade sheet and final grade sheet submitted, teaching load and schedule for incoming semester and to other similar documents;
  • Forging or tampering with school records or school forms, and securing or using forged school records, forms and documents;
  • Decoding, accessing, or altering any information or computer data or program without authorization from the Law Dean;
  • Unauthorized selling of tickets or any products whether for profit or as a fund raising project;
  • Withholding information and/ or giving false testimony or any tending to or obstructing any investigation undertaken by the school or the College of Law;
  • Third commission of the same minor offense
  • Commission of a crime and after determination that a probable cause exist for the commission of the said crime;
  • Any other act adjudged as a major offense in the Manual for Private Schools or other existing laws;

PART IV

CLASSIFICATION OF PENALTIES

Section 1. Categories of Administrative Penalties for Serious Offenses. The categories of disciplinary administrative sanctions for serious offenses which may be applied upon an erring student are:

a) Suspension. – 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 twenty (20%) percent of the prescribed class days for the school year or term.

b) Preventive Suspension. – A law student under investigation of a case involving the penalty of expulsion may be preventively suspended from entering the school premises if the evidence of guilt is strong and the Prefect of Student Affairs and Discipline is morally convinced that the continued stay of the law student during the period of the investigation constitutes a distraction to the normal operations of the school or poses a risk or danger to the life of persons and property in the school.

c) Exclusion. – Exclusion is a penalty in which the school is allowed to exclude or drop the name of the erring law student from the school rolls for being undesirable, and transfer credentials immediately issued.

The decision of the school on 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 (1) year in order to afford all concerned the opportunity to review the case in the event an appeal is taken.

d) Expulsion. – Expulsion is an extreme penalty on an erring law student consisting of his exclusion from admission to any public or private school in the Philippines. The decision of the school on 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 (1) year in order to afford all concerned the opportunity to review the case in the event an appeal is taken.

Section 2. Categories of Administrative Penalties for Minor Offenses. - The categories for administrative penalties for minor offenses are as follows:

a) Verbal reprimand / warning and admonition from the Prefect of Student Affairs and Discipline or from the Law Dean

b) Written reprimand / warning in which case parents or guardians are notified.

Section 3. Imposable penalties in case of minor offenses. – In case of commission of any of the minor offense/s as enumerated under Section 2, Part III of this Rule the following rule shall be applied in the imposition of penalty:

a) The penalty for first (1st) commission of a minor offense shall be verbal reprimand.

b) The second (2nd) commission of a minor offense shall be punishable with a written reprimand.

c) A suspension of one (1) week shall be imposed for the third (3rd) commission of a minor offense. His absence due to suspension shall be considered as inexcusable absence in the classes he is supposed to be present.

Section 4. Imposable penalties in case of serious offenses. – In case of commission of any of the serious offense/s as enumerated under Section 3, Part III of this Manual, the following rules shall be observed in the imposition of penalty:

a)The penalty for the commission of any of the major offense/s as enumerated above shall be a penalty ranging from suspension to exclusion depending on the gravity of circumstances and upon the recommendation of the Prefect of Student Affairs and Discipline subject to the approval of the Dean of the College of Law.

b) The penalty of exclusion shall also be imposed to those who failed to meet the academic standards of the College of Law. For the commission of three major offenses by an erring law student during his or her stay in the College of Law, the Law Dean shall impose the penalty of expulsion.

Sec.5. Administrative sanctions for erring professors. – It is essentially discretionary on the Law Dean to impose necessary and appropriate sanctions to erring law professors whenever the evidence so warrant. The penalty, however, must always be commensurate with the offense or breach of rules committed. Offenses and Breach of Rules shall be enumerated in another issuance, memorandum or letters coming from the Law Dean.

PART V

MISCELANEOUS PROVISIONS

Section 1. Class Attendance and Absences. – The following rules shall be applied in case of class attendance and absences, as follows, to wit:

a) Failure to report on the first day of classes will be considered an official absence of the law student. Late enrollees shall likewise be marked absent for the class days unattended prior to his enrolment.

b) The College of Law will not entertain medical certificates or personal notes from parents or guardians setting forth reasons for absences incurred by the law student.

c) No law student shall be permitted to incur absences in any subject in excess of twice the number of units which that subject has.

d) A law student who exceeds the allowable absences before the mid-term exams shall be automatically advised to drop the subject officially in which case, he or she shall be given the mark “DO” (dropped officially).

e) A law student who exceeds the allowable absences after the mid-term exams shall receive a failing grade.

f) Law Students who arrive fifteen (15) minutes late in a one or two hour class and twenty (20) minutes late in a three or four hour class shall be marked absent.

g) Non-arrival of a law professor within thirty (30) minutes after official time shall cause the class to be dismissed unless prior notice is given to the Dean’s Office.

Section 2. Law Student Organization. – The College shall recognize only those organization/s existing, accredited and duly recognized by the school administration;

a) Law Executive Council

b) Law Forum

Sec. 3. Accreditation of Law Organizations. – Law organizations may be accredited and recognized by the College of Law subject to the following requirements that must be complied with on a yearly basis on or before the third Monday of July:

  • Submission of Organization’s Constitution and By-Laws
  • Organizational set-up
  • List of Officers
  • List of active members currently enrolled (at least 70 active members)
  • Undertaking signed by all officers that the organization does not sanction hazing and any form of violence insofar as the organization’s recruitment process is concerned as well as in the organization’s dealings with other group;
  • Proposed activities to be sponsored for the school year
  • Annual report on the organization’s financial condition
  • List of Incorporators and officers (for new organizations / chapters applying for accreditation)
  • At least 100 active members currently enrolled (for new organizations / chapters applying for accreditation)

Recognized organizations that fail to comply with the above reporting requirements shall be dropped from the rolls of recognized organizations.

Subject to available funds, sources and at the discretion of the Dean, activities of recognized organizations may be granted financial subsidy.

Section 4. Promulgation of this Manual. Such rules and regulation shall be effective as of the date of promulgation and notification to students in an appropriate school issuance or publication.