An Act Providing for a Magna Carta of Student’s Rights and Responsibilities for Undergraduates Students of Xavier University – Ateneo de Cagayan We, the members of Xavier University – Ateneo de Cagayan community, in accordance with the University mission and vision that provides an academic environment conductive to the total formation and development of young men and women for others, and the interest of Jesuit quality liberal education, do hereby enact a Magna Carta for Undergraduate Student’s Rights and Responsibilities at Xavier University Article 1 Section 1. Title – This act shall be known as the Magna Carta of Undergraduate Students of Xavier University – Ateneo de Cagayan. Henceforth, it shall be known as the Magna Carta. Article II GENERAL Principles Xavier University (Ateneo de Cagayan) is a Filipino, Catholic and Jesuit academic community dedicated to the integral development of the person for the needs of Mindanao and the country. As a University, Xavier pursues truth and excellence in teaching, research and service to communities: it is concerned with contemporary problems; it prepares men and women with competencies, skills and a keen sense of responsibility to their communities. As a Filipino university, Xavier is committed to the appreciation, preservation and enrichment of the Filipino culture and heritage as well as the welfare and sustainable development of the Filipino people. As a Catholic university, Xavier fosters in its members a deep personal commitment to Jesus Christ manifested by loyalty to the Church and a life of witness and loving service characterized by a preferential option for the poor. As a Jesuit university, Xavier acknowledges its historical linkages with the Society of Jesus and is rooted in Ignatian spirituality and an educational tradition of liberal education which today includes technology and the various professions and affirms the importance and necessity of cooperation among Jesuits and the laity in mission. In sum, Xavier University seeks to form men and women of competence, conscience, and commitment in service of the Church and the Filipino people. Section 2. Guiding Pricniples. It is hereby declared that the members of Xavier University – Ateneo de Cagayan community recognize, promote, and protect the rights and responsibilities of the studentry. Magna Carta declares the following as basic and guiding principles. 2.1
Xavier University is dedicated to the integral education, formation and development of its students in service of the Church and the Filipino people. Students at the University have the right to quality education following the Jesuit education tradition.
2.2
Students come to the university primarily for their education and formation. Thus, their primary task and responsibility are to study and to take advantage of the many opportunities for their better growth and development.
2.3
The students are primarily represented by their duly elected/appointed officers in the Central Student Government and the College Student Councils. Students have the right to participate in the formulation of school policies which affect them.
2.4
The student organizations shall help promote the ideas of the University as given in Art. II, Sec. 1. Membership and active participation in student organizations, which promote student’s rights and/ or contribute to the growth and development of the students and the advancement of national development shall be respected and guaranteed by the University administration. The student organizations, under the
umbrella of the Central Student Government and the College Student Councils, shall be autonomous with regard to the sectors of the University; they remain under the Office of the Director of Student Affairs. 2.5
2.5 Student Publications, guided by the Campus Journalism Act of 1994 and by pertinent school policies shall serve as important vehicles for free expression and dialogue, dissemination of information, opinions and ideas within the academic community.
ARTICLE III ACADEMIC RIGHTS AND RESPONSIBILITIES Section 1. Academic Rights 1.1 Admission. Quality students shall be admitted to Xavier University, regardless of their handicap, socio-economic status, political or religious belief, ethnic origin, sexual orientation, citizenship or membership in student organizations that will not run counter to CHED Order No. 4, S..1995; not shall pregnant students and certified reformed substance abusers and those who are HIV positive be discriminated against. Once students are admitted to any program, they should be allowed to continue up to the completion of that program unless they have incurred academic deficiency or violated school rules and regulations punishable by suspension, dismissal, or expulsion.
1.2 Quality Education. Students have the right to quality education needed for their total development.
1.3 Academic Grievances. Students have the right to seek redress for their grievances and complaints that affect their personal and academic welfare with the appropriate officers and/ or departments concerned.
1.3.1
To conduct research related to academic work and to freely discuss and publish their findings and recommendations
1.3.2
To conduct inquiry within the campus for curricular, co-curricular, and extra-curricular purposes.
1.3.3
To choose the field of study, from among existing programs for which they qualify, and to continue their courses up to graduation except in cases of academic deficiency or violation of disciplinary regulations which do not infringe upon the exercise of the students’ rights.
1.3.4
To express any opinion related to the subject matter under discussion in class.
1.3.5
To resort to procedures for the redress of their grievances concerning teachers, grades, class policies and other academic-related matters.
1.4 Academic Information
1.4.1 Each student shall be furnished a copy of the Student Handbook enrolment to Xavier University. 1.4.2 Course Syllabus. At the beginning of every semester, students shall be provided with a written course syllabus which contains:
a. Course description b. General objectives c. Instructional content of the course, specific objectives and activities d. Methods and techniques to be used e. Evaluation and grading system of course requirements f. Consultation hours
1.4.3 Class performance. Students have the right to know their class performance data during the semester, that is:
a.
To see their graded quizzes, long exams, projects, graded homework or written assignment and the like.
b.
To request an explanation on how written and oral examination items and group work are graded.
1.4.4 Final Exams and Grades. If a student has doubts about his final grade, he has the right to request the teacher to see his corrected final examination papers and the computation of his/her final grade after the distribution of the corrected final marks and to make an appeal for change of grade within the prescribed period.
1.4.5 Consultation. Teachers should make themselves available for consultation with their students during their consultation hours.
1.4.6 Major Requirements
a.
Major Exams. Students shall be informed of a long examination one (1) week in advance, and midterms and/ or finals at least, two (2) weeks in advance.
b.
Other Major Exams. Students shall be informed or relevant and reasonable major requirements and projects (including timetable for submission) within the first three weeks of the semester. In the event that a student cannot accomplish such requirements due to some valid and grave reason, he/she shall have the right to make up for the major requirements within the allowable period upon the presentation of relevant documents pertaining to his/her inability.
1.4.7 Students have the right to be informed of the University’s academic policies and to have access to their academic records, the confidentiality of which the school must maintain and preserve. Section 2. Student’s Responsibilities 2.1 Students have the following responsibilities 2.1.1 To uphold, preserve and maintain the good name of their Alma Mater, as well as its mission and vision 2.1.2 To exert utmost effort towards the realization of harmonious relationships with the rest of the academic community 2.1.3 To participate actively in school activities including religious, athletic, and civic affairs for the development of the individual, the community and the nation. 2.1.4 To strive for academic excellence and to develop their potentials to the utmost in order to be of greater service to their families and to society 2.1.5 To abide by University’s existing basic policies on academics and discipline. 2.1.6 To abide by University policies and regulations on academic honesty and against any form of cheating in campus. 2.1.7 To be cognizant of the information provided by the University on academic and other concerns through various offices/venues, which provide such information. 2.1.8 To maximize the benefits from all the academic programs of the university. 2.1.9 To present alternative proposals and recommendations as a result of evaluations made on academic problems and concerns such as teachers, curricula, and facilities. 2.1.10 To actively participate in and support various programs and opportunities for extension and outreach outside the University 2.1.11 To actively participate in and support the Central Student Government and the College Student Councils. 2.1.12 To actively participate in and support student organizations, especially in taking leadership roles. 2.1.13 To be responsible for inviting on-and-off campus speakers or resource persons in their sponsored activities and assemblies in accordance with the university policies and procedures. 2.1.14 In a student organization, the officers are responsible for their activities and programs and for the well being of their members. 2.1.15 To respect the property of the school and of others, observe cleanliness, avoid vandalism in any form, and to respect and preserve the environment. Any violation hereof shall be subject to University regulations. 2.1.16 To respect the University campus as Smoke-Free. 2.1.17 To abide by the University rules and regulations pertaining to their academic and other responsibilities.
Article IV
STUDENT RIGHTS AND WELFARE Section 1. Academic Facilities. 1.1 The students shall be provided with adequate and up-to-date academic facilities including classrooms and laboratories, library, athletic and recreational facilities. Section 2. Medical and Health Services 2.1
The University infirmary shall be equipped with sufficient and proper medical equipment, facilities, and medicines to ensure smooth and effective delivery of health services.
2.2
The Administration, faculty, staff and the students are responsible for the maintenance of a healthy and clean school campus.
Section 3. Conducive Environment for Learning. 3.1
3.1 The University shall provide the students with an environment conducive for learning.
3.2
3.2 The responsibility for this conducive atmosphere within the campus belongs to the whole academic community.
Section 4. School Programs and Support Services. 4.1
Students should have access to different programs and support services such as athletic, co-and extracurricular activities; spiritual and religious formation, and counselling which are essential to their holistic formation.
4.2
Co-and Extra-Curricular, and various religious-related organizations, and athletics, shall be encourage by the school.
4.3
The Administration shall support student activities by providing students with venues and facilities needed for them to operate efficiently and effectively.
4.4
Student Organizations that are allowed use of school facilities shall observe and abide by the school policies concerning the use of these facilities.
4.5
Student Organizations shall abide by school rules and regulations concerning on-and-off campus activities.
ARTICLE V Right to Organize Section 1. Xavier University recognizes the right of students to freely organize among themselves. It shall be the fight of the students to form, assist or join campus organizations, alliances or federations for their physical, moral, cultural, civic, spiritual, academic, and political interests provided that the objectives set by the organizations do not go counter to the University Mission Statement ( Art.2, Sec. 1) and to CHED Order No. 4, S. 1995. 1.1
Student Organizations shall of their autonomy. This means that they have their own goals and objectives, planning, organization and activities. They are however, still under the office of the Director of Student Affairs.
1.2
Accreditation of student organizations shall be in accordance with University rules and regulations found in the College Student’s Handbook.
Section 2. Student Organizations.
2.1
Xavier University – Central Student Government – The Central Student Government shall be the highest governing body of the student body. All transactions involving and affecting the greater body of the Colleges shall be entered into with the Central Student Government. The University shall ensure the democratic and autonomous existence of the Central Student Government, which shall be given recognition as the official representative of the student body. It shall have its own set of officers, elected and appointed. The Central Student Government has the right to determine its policies and programs on matter with its jurisdiction in accordance with its duly ratified Constitution and by-laws
2.2
College Student Councils – The College Councils in the various colleges shall serve as venues for student association, representation and services. The College Student Councils shall be the legitimate representatives of the student body in the various Colleges.
2.3
Co- and Extra Curricular Organizations – the Co- and Extra- Curricular Organizations shall serve as venues for the development of specific fields of the student interest. The formation, support and allocation of financial resources to these organizations shall follow established University regulations.
2.4
Religious Organizations – Religious Organizations shall serve as venues for spiritual growth and enrichment. These organizations shall also serve various religious denominations among the student body.
2.5
Student Publication – Students have the right to freedom of expression. The right of students to publish student newspaper and similar publications shall be supported and not be curtailed pursuant to R.A. 7079, otherwise known as the Campus Journalism Act of 1991.
2.6
Posting and distribution of handbills, posters and the like are subject to established University regulations.
Section 3. Organizational Rights and Welfare 3.1
As a general rule, academic activities and the like shall not be held during the prescribed Student Activity Hour. 3.1.1
Whenever possible, the University shall allow student organizations and athletic teams to use student facilities free of charge.
3.1.2
Student Organizations wanting to use school facilities for some activities hall comply with the requirements of the office concerned and shall be responsible for any damage incurred during the use of the said facilities. a.
The University Administration and the student organizations shall endeavour to create harmonious system of coordination of all on-and off-campus activities.
3.2
The Central Student Government and the College Student Councils shall reserve the right to determine their policies and programs for the students subject to their duly ratified constitution, charters or the equivalent thereof, provided that these objectives are not detrimental to the values promoted by the University Mission Statement ( Article II)
3.3
The Central Student Government and the College Student Councils shall serve as legitimate representatives of the student body. They shall be held responsible for promoting the rights, responsibilities and general welfare of the student body.
3.4
The University, thorough the Finance Office, shall be responsible for the periodic collection of specified Student Organizational Funds (SOF) and CSG funds. The Central Student Government, College Councils, and all other organizations, shall be transparent in all financial transactions. Expenditures are subject to accounting procedures for student organizations and the auditing procedures for student organizations and the auditing rules of the Office of Student Affairs and the Finance Office.
3.5
The Xavier University – Central Student Government, the College Councils and student organizations shall be responsible for the planning, implementation, monitoring and evaluation of their activities.
Article VI Participation in Policy-Making 1.
Student representation with deliberate and voting rights in the following policy-making bodies shall be assured by the University Administration:
a.
Three (3) representatives in the Academic Council, namely the CSG President, the Chairman of the Directors and the Department of Academic Affairs.
b.
Three (3) representatives in the College Dean’s Councils from the respective College Student Concuils.
c.
Two (2) representatives to the Committee on Investigation and Decorum.
d.
Two (2) representatives to the Library Committee
e.
One (1) representative to the Academic Standards Committee
f.
One (1) representative to the Curriculum Committee.
2.
As needed, students may also serve as members of the University and College Committees.
Article VII Due Process The College Student’s Handbook contains provisions and procedures on due process in the University disciplinary cases. Section 1. Right to Due Process 1.1
The right to due process of a student under disciplinary proceedings shall be fully granted and observed. In the process of hearing his/her side, a fair scrutiny of the case(s) and/ or act(s) made is important before the disciplinary board can render any decision of sanction. 1.1.1 The student has the right to defend himself/herself on an offense he/she is accused of and be rendered an impartial decision.
1.2
1.3
Penalties of suspension, exclusion, blacklisting and other such disciplinary sanction that may be taken against a student shall not be valid unless the following rights and due process have been observed and accorded to the student: 1.2.1
The right to be presumed innocent until proven otherwise;
1.2.2
The right to be informed in writing if the nature and the cause of the accusation;
1.2.3
The right to confront witness and to full access to the evidence in the case;
1.2.4
The right to be provided adequate time to prepare a defense;
1.2.5
The right to a hearing before the University Disciplinary Board;
1.2.6
The right against self-incrimination so as to guarantee that a student shall not implicate his/her own person in an injury, and;
1.2.7
The right to appeal decisions to the University President.
After fair hearing, the student is responsible for serving any saction(s) given.
1.4
A penalty of expulsion shall be served only after a University recommendation has been approved by the CHED.
1.5
The decision made in any disciplinary proceeding must be rendered on the basis of relevant and substantial evidence(s) presented at the hearing and disclosed to the student involved. 1.5.1
The deciding body must act on its own independent consideration of the facts of the case.
1.5.2
The body should, in all controversial questions, render its decisions in a manner that makes the issues involved and the reasons for any decision clear to the student.
1.5.3
The body must ensure the confidentiality of any decision to protect the privacy of the student involved.
1.5.4
The nature and gravity of disciplinary sanctions must be proportionate to the seriousness of the violation committed, as provide for the College Student Handbook.
1.5.5
The College Dean of the student concerned shall be informed of any disciplinary cases against a student under his/her college.
ARTICLE VIII OTHER RIGHTS Section 1. Rights Against Unreasonable Searches and Seizures. – Every students hall be free from any form of unreasonable search or seizure. No search or seizure of students shall be deemed valid, except for the following instances: 1.1
Searches made at the point of ingress and egress by authorized personell of the school;
1.2
Searches and seizures of illegal article(s) falling in the plain view of duly authorized personeel;
1.3
Searches and seizures made when the student is about to commit, is committing, or has just committed a crime or a serious infraction of the school’s rules and regulations, and;
1.4
Searches made with a valid search warrant issued by the DSA, and implemented by the University Security Officer or a duly constituted authority of the University equivalent thereof.
Section 2. Prohibition Against Involuntary Contributions. – Involuntary Contributions from students are prohibited except those approved by the Directors of Student Affairs Section 3. Privacy of Communication. – The privacy of communication and correspondence among students remains inviolable. Seciton 4. Scholarship Grants and Privileges. – Opposition to school policies inimical to student’s interest shall not be a ground for denying or withdrawing scholarship grants and privileges to deserving students. Section 5. Courtesy of Students. – All student have the right to be treated with courtesy and respect. They have the right to be free from mental, physical, sexual, and verbal abuse. Section 6. Prohibition Against Militarization of School Campus. – the pursuit of academic excellence and exercise of academic freedom can be attained only in an atmosphere free from fear and unreasonable restraint. Pursuant thereto, no military, detachment or any affiliation similar thereof shall be installed or be given special accord of residence on the school campus. Section 7. Firearms and Explosives Ban. – Students are strictly not allowed to carry and bear firearms, explosive devices and those of similar nature inside the Xavier University premises.
Section 8. No School Policy Shall be implemented Ex Post Facto. – Student shall have the right to be consulted before the implementation of polices directly affecting them. Article IX Final Provision Section 1. Rules and Regulations. – The Central Student Government, the College Administration, and Faculty and Staff shall observe and uphold the necessary rules and regulations to implement the provisions of this act. Section 2. Separability Clause - If any provision of this act is declared invalid, the remainder thereof not be affected shall continue in full force of effect. Section 3. Repealing Clause. – All rules and regulations, or other issuance or parts thereof that are inconsistent with the provisions of this Act are hereby repealed or modified accordingly. Section 4. Ratification. – This Magna Carta and any subsequent amendments are ratified by a simple majority of students voting in a referendum/election called for this purpose. Section 5. Effectivity. – The Provisions of his Magna Carta will take effect only after this document is dully approved. Section 6. Amendments – this act can only be amended every two school years after the end of the second semester of its ratification. Amendments may be proposed by any students but must be approved by 2/3 vote of the assembly composed of the following: a.
Central Student Government – President, Vice-President, Secretary – Commissioner for Student’s Rights and Welfare and Department Secretary for Academic Affairs, and;
b.
For each College Student Council – President, Vice-President, Secretary, Treasurer, and a fifth official named by the College Student Council President.
Proposed Amendments approved by the above-mentioned assembly are then presented to the Academic Council which shall form an Ad Hoc Committee to study the proposal; the said Ad Hoc committee shall have representatives from the Central Student Government , the College Student Councils, the Faculty and the University Administration. Proposed amendments approved by a majority vote of the Academic Council are the presented ratification by the student body. Singed this March 7th, in the year of our Lord, two thousand and one, at the Xavier University Little Theatre, Corrales Avenue, and Cagayan de Oro City.