Rules and Regulations

on Student Conduct and Discipline

Last Updated 5 March 2024

SECTION 1. BASIS OF DISCIPLINE – Students are required to observe the rules and regulations of the University at all times. The University has the right to prescribe the rules on conduct and discipline of students and to institute disciplinary proceedings in accordance with these rules and regulations.

SECTION 2. APPLICABILITY – These rules shall apply to all students of the UP Open University and its programs.

SECTION 3. DEFINITIONS – The following terms shall have the meaning set forth below for purposes of these regulations:

  • 3.1 Academic Year – as determined by the University.
  • 3.2 Admonition – a written or oral, formal reproof.
  • 3.3 Apology – a signed and accepted written expression of contrition or remorse for wrong done.
  • 3.4 Clearance – a written certification of the University that the student is cleared from all accountabilities.
  • 3.5 Community Service – any rehabilitative activity as provided by the disciplinary authority designed to provide for the public good in keeping with the overall goals of the community, and agreed upon by the disciplinary authority and the respondent/s, provided that it should not displace regular employees, supplant employment opportunities ordinarily available, or impair contracts for services.
  • Formula to convert suspension to community service:
  • Using fifteen (15) units as the minimum full load, fifteen (15) hours per week of community service will be deemed equivalent to a suspension of one (1) week. For example, a two-week suspension may be converted into thirty (30) hours of community service. Community service may be rendered within a period that is not more than two (2) times the length of the suspension.
  • Suspension Equivalent in community service Maximum period of implementation
    1 week 15 hours 2 weeks
    1 month 60 hours 2 months
    1 semester/trimester 15 hours/week throughout the semester/trimester 2 continuous semesters/trimesters
  • Only corrective measures of one-semester suspension or less may be converted to community service. However, in cases of intellectual dishonesty, fraud, and harm to persons, community service does not apply.
  • 3.6 Complainant – person writing the complaint.
  • 3.7 Expulsion – permanent disqualification from attendance in the University of the Philippines Open University.
  • 3.8 Fraud – deliberately making a false statement and practicing any deception in connection with:
    1. 3.8.1 Admission to the University;
    2. 3.8.2 Registration in the University;
    3. 3.8.3 Retention in the University;
    4. 3.8.4 Graduation from the University;
    5. 3.8.5 Application to and/or receiving any scholarship or grant funded or managed by the University and its affiliated institutions;
    6. 3.8.6 Stealing/malversation/misuse of funds collected in connection with student activities;
    7. 3.8.7 Registration of student organizations;
    8. 3.8.8 Use of University facilities by or in the name of student organizations; and
    9. 3.8.9 Use of intellectual property of the University, which results in gain, material, or otherwise.
  • 3.9 Gambling – any activity that involves wagering of money or something of material value on physical or virtual events with an uncertain outcome with the primary intent of winning additional money and/or material goods, without prejudice to fund-raising activities by student organizations expressly allowed by the University, such as bingo and raffle.
  • 3.10 Intellectual dishonesty – any fraudulent act performed by a student to achieve academic advantage or academic gain for oneself or another, including, but not limited to, the following:
    1. 3.10.1 Plagiarism;
    2. 3.10.2 Falsification, fabrication, distortion, and/or destruction of data;
    3. 3.10.3 Copying or providing the means or accessing means to copy exam answers, homework, projects, laboratory experiments, term papers, etc.; possession and/or use of cheat devices during an examination; allowing another person to take an examination in one’s name, and/or impersonating another student or allowing someone to impersonate oneself in an academic activity; and manipulating a corrected exam paper;
    4. 3.10.4 Submission of the same work in two or more courses without the instructors’ consent; and
    5. 3.10.5 Other acts analogous to 3.10.1, 3.10.2, 3.10.3, and/or 3.10.4.
  • 3.11 Physical Spaces – refer to the tangible locations under the control of UPOU, such as residential campuses, offices, maker spaces, and learning hubs, where individuals and organizations carry out their activities and interact with the physical environment.
  • 3.12 Respondent – person subject to a written complaint.
  • 3.13 Retention – continuing status as a student of the University by satisfying retention.
  • 3.14 Semester – academic period as determined by the University.
  • 3.15 Student – refers to any person (1) 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 those who are officially on leave of absence and (2) those who have not yet been separated from the University formally through either transfer, graduation, honorable or dishonorable dismissal or expulsion or expiration of the period allowed for maximum residence, at the time of the commission of the offense, regardless of whether or not they are enrolled in any unit of the University at the time of the filing of a charge or during the pendency of disciplinary proceedings against them.
  • 3.16 Student Organization – a group of undergraduate or graduate students, officially recognized by the University, who unite to promote a common interest.
  • 3.17 Suspension – an involuntary, temporary leave from the University wherein a student may not be allowed to enroll and shall not:
    1. 3.17.1 be allowed to access the University’s physical and login-required platforms
    2. 3.17.2 hold jobs in the University
    3. 3.17.3 take exams; and
    4. 3.17.4 avail of any other privilege attendant to being a UP student.
  • 3.18 University Official – for purposes of this Code, includes all University employees, such as teaching and non-teaching staff, regular or contractual, and independent contractors.
  • 3.19 Virtual Spaces – refer to digital platforms and online channels under the University’s control, such as websites, learning management systems, social media, and student hubs, that enable individuals and organizations, including universities, to communicate, collaborate, and share information online.
  • 3.20 Written Complaint – a formal document submitted by an individual, physically or electronically, to express concern about a particular issue.

Unless specifically defined herein, all other terms should be understood in their meaning as may be defined in other existing University rules and regulations.

SECTION 4. PROHIBITED ACTS OF STUDENTS – A student shall be subject to disciplinary action for any of the following acts:

  1. 4.1 Any form of intellectual dishonesty, as defined herein.
  2. 4.2 Committing any act of fraud, as defined herein.
  3. 4.3 Possession and/or use within the University’s physical spaces any firearm, knife, or any bladed or pointed object, stick, pipe, or any other dangerous or deadly weapons or chemicals, provided, that this rule shall not apply to one who shall possess the same in connection with their studies and who has a permit from the Dean.
  4. 4.4 Drinking alcoholic beverages within the University’s physical spaces except in University-authorized activities.
  5. 4.5 Smoking within the University’s physical spaces in violation of the provisions of Republic Act No. 9211.
  6. 4.6 Unauthorized or illegal possession, manufacture, storage, and/or use of prohibited drugs or chemicals, or other banned substances enumerated in the Comprehensive Dangerous Drugs Law, such as LSD, marijuana, heroin, shabu or opiates, and hallucinogenic drugs in any form, within the University’s physical spaces.
  7. 4.7 Gambling within the University’s physical and virtual spaces.
  8. 4.8 Engaging in deliberate discourtesy or disrespect, which includes insulting, discriminatory, or threatening behavior, to any student, official, faculty member, staff, or person in authority of the University within the University’s physical and virtual spaces.
  9. 4.9 Any disruptive behavior within the University’s physical and virtual spaces causing disorder, tumult, breach of peace, or serious disturbance.
  10. 4.10 Causing physical or psychological harm to persons within the University’s physical and virtual spaces, respectively.
  11. 4.11 Violation of the policy on the use of IT resources of the University.
  12. 4.12 Disclosing personal or sensitive information as defined under the Data Privacy Act of 2012, including emails and private message exchanges, without the consent of the data subject, which information was obtained from/through the University’s official platforms and is hereby confirmed as confidential in nature.
  13. 4.13 Damaging or defacing, or stealing University property, including littering and vandalism.
  14. 4.14 Stealing within University premises or physical spaces.
  15. 4.15 Any form of gender-based violence, including acts covered by Republic Act No. 7877 or the Anti-Sexual Harassment Act of 1995 and its Implementing Rules and Regulations, Republic Act 11313 of the Safe Spaces Act, and the UP Anti Sexual Harassment (ASH) Code, subject to Section 25.
  16. 4.16 Violations under Republic Act No. 8049, otherwise known as the Anti-Hazing Law;
  17. 4.17 Undermining or obstructing any investigation or proceeding and/or willfully disobeying any written policy or rule, lawful order, or directive of any faculty and University official, including members of disciplining bodies.
  18. 4.18 Any other form of misconduct or dishonesty, or deception within the University’s physical and virtual spaces, significantly affecting the good order and welfare and/or good name of the University, and/or which violates the provisions of this Code.

SECTION 5. PROHIBITED ACTS OF STUDENT ORGANIZATIONS – A student organization shall be subject to disciplinary action for any of the following acts committed in physical or virtual spaces:

  1. 5.1 Making a false statement and practicing or attempting to practice any deception in connection with an application for registration on behalf of the organization;
  2. 5.2 Making a false statement and practicing or attempting to practice any deception in connection with the use of University facilities on behalf of the organization;
  3. 5.3 Making a false statement and practicing or attempting to practice any deception in connection with the application in any University-funded or managed grant or prize on behalf of the organization;
  4. 5.4 Making a false statement and practicing or attempting to practice any deception in connection with an application for virtual tambayan on behalf of the organization; and
  5. 5.5 Making a false statement and/or withholding information in relation to the changes in the organization’s membership and officers within the duration of registration on behalf of the organization.
  6. 5.6 Creating and/or engaging in disorder, tumult, breach of peace, or serious disturbance such as, but not limited to, riots and rumbles within the University’s physical and virtual spaces, resulting in harm to persons;
  7. 5.7 Violations under Republic Act No. 8049, otherwise known as the Anti-Hazing Law;
  8. 5.8 Damaging or defacing, or stealing University property, including littering and vandalism.
  9. 5.9 Appropriating for the student organization property of another.
  10. 5.10 Undermining or obstructing any investigation or proceeding and/or willfully disobeying any written lawful order or directive of the University officials, including members of disciplining bodies.
  11. 5.11 Engaging in any other form of misconduct, whether within or outside the University’s physical and virtual spaces, significantly affecting the good order and welfare and/or good name of the University.

SECTION 6. JURISDICTION – Unless otherwise indicated in these rules and regulations, all cases involving the discipline of students covered by Section 4 hereof, shall be subject to the jurisdiction of the Dean of the Faculty Office of the program where the student subject to the complaint is registered. Unless otherwise indicated in these rules and regulations, all cases involving the discipline of student organizations covered by Section 5 hereof shall be under the jurisdiction of the Office of Student Affairs.

SECTION 7. PARTIES – In all cases of intellectual dishonesty, the University is deemed the complainant, and the student/s reported to have committed the act of misconduct constituting the intellectual dishonesty is/are the respondent/s.

In all other cases of student misconduct, the University is deemed the complainant, together with a private complainant, if any. The student reported to have committed the act of misconduct is the respondent.

In all misconduct cases involving student organizations, the University is the complainant, together with a private complainant, if any. The student organization, represented by its head, is the respondent.

The University shall be represented by a tenured, regular member of the University Council who is not on leave, sabbatical, secondment, or special detail and appointed by the Chancellor.

The respondent/s shall represent himself/herself/themselves and shall have the right to counsel. The counsel’s role shall be limited to giving advice. The counsel of choice may be any person who can assist the respondent.

SECTION 8. FILING OF COMPLAINT – For complaints against individual students, a written complaint involving a student indicating the specific violation of any of the prohibited acts covered herein must be duly signed by the complainant and addressed to the Dean of the Faculty Office of the program where the student subject to the complaint is registered. The Dean of the Faculty Office where the student subject of the complaint belongs must immediately acknowledge the receipt of the complaint. An entry shall be made in an official document kept for that purpose, specifying the person or persons charged, the complainant or complainants, their witnesses, if any, the date of filing, and the substance of the charge.

For complaints against student organizations, a written complaint involving a student organization indicating the specific violation of any of the prohibited acts covered herein must be duly signed by the complainant and addressed to the Director of Student Affairs. The Director of Student Affairs must immediately acknowledge the receipt of the complaint. An entry shall be made in an official document kept for that purpose, specifying the student organization charged, the complainant or complainants, their witnesses, if any, the date of filing, and the substance of the charge.

SECTION 9. PRELIMINARY INVESTIGATION -The preliminary investigation shall have two stages: fact-finding and the preliminary investigation proper.

Stage 1: Fact Finding – A Preliminary Investigation Committee (PIC) shall be constituted by the Dean for complaints against individual students or by the Director of Student Affairs for complaints against student organizations to establish the facts of the complaint in the first stage of the procedure.

The PIC shall be composed of three (3) members of the faculty and two (2) students designated by the Dean or Director of Student Affairs who are willing to be in the PIC. The Chairperson shall be designated by the Dean or Director of Student Affairs and shall be a member of the faculty with legal training, if available.

The PIC shall establish the facts of the case and verify the allegations in the complaint. The PIC shall examine the evidence and documents submitted by the complainant and may also invite the complainant to clarify the allegations in the complaint. If the facts of the complaint are found to be true, The PIC may be authorized by the Dean or Director of Student Affairs to proceed with the Preliminary Investigation.

Stage 2: Preliminary Investigation – After Stage 1 the PIC shall determine whether there is just cause to warrant a formal investigation. At this point, the PIC may proceed to invite the respondent and give an opportunity to hear relevant explanations or defenses to establish if there is probable cause to file a formal charge against the respondent. The respondent shall be required to submit a counter-affidavit to the complaint. After the evaluation, the PIC shall submit its Preliminary Investigation Report to the Dean or the Director of Student Affairs. Copy of the Report is furnished to the complainant thru the Dean’s Office or Office of Student Affairs.

For cases found by the PIC to be without probable cause, the Dean or the Director of Student Affairs shall serve a copy of the Report to the complainant and respondent with a cover letter stating that there is no probable cause to file charges against the respondent.

SECTION 10. STUDENT DISCIPLINARY COMMITTEE (SDC) – For cases found by the PIC to be with probable cause, the Dean or the Director of Student Affairs shall constitute the SDC, which is composed of a Chairperson and two (2) other members chosen from among the academic and administrative personnel of the respective autonomous units and two (2) students, with at least one committee member being a member of the Integrated Bar of the Philippines.

The SDC shall be under the supervision of the Director of Student Affairs, who shall designate, whenever requested, the student members to sit with the committee.

Upon its constitution, the SDC shall issue the formal charge and issue summons to the respondent, with a copy to the complainant.

SECTION 11. ANSWER – The Respondent shall be required to respond in writing and file an Answer within seven (7) days from receipt of the Formal Charge.

SECTION 12. HEARING – Hearings by the SDC shall begin no later than one (1) week after receipt of the respondent’s Answer.

SECTION 13. FREQUENCY AND DURATION OF HEARING – In the interest of speedy justice, the SDC shall hold a hearing at least once a week until the case has been resolved. In case of failure to adhere to this rule, a written explanation in every case shall be submitted by the Committee Chairperson to the Chancellor through the Director of Student Affairs. No hearings on any case shall last beyond two (2) calendar months unless justified.

SECTION 14. NOTICE OF HEARING – All parties concerned shall be notified of the date set for hearing at least three (3) days before such hearing. The respondent may defend themself personally or by counsel or representative of their own choice. If the complainant or respondent should desire but is unable to secure the services of counsel, they should manifest such fact to the SDC two (2) days before the date set for hearing, and the SDC shall designate a counsel for him from among the members of the university constituency, as far as practicable.

SECTION 15. FAILURE TO APPEAR AT HEARING – Should either complainant or respondent fail to appear for the initial hearing after due notice and without sufficient cause, the SDC shall note this fact and thereafter proceed to hear the case éx parte without prejudice to their appearance in subsequent hearings.

SECTION 16. POSTPONEMENT – The SDC, on the application of either the complainant or the respondent, or its own motion, may, in its discretion and for good cause, postpone the hearing for such period of time as the ends of justice are served and the right of the parties to a speedy hearing is not violated. In every case of postponement, a report thereof shall be made to the Director of Student Affairs.

SECTION 17. COMMITTEE REPORT – The SDC shall forward to the Dean or the Director of Student Affairs concerned within 15 days after the termination of the hearing the complete records of the case, with its report and recommendation. The recommendation signed by a majority of the members of the SDC shall state the findings of fact and the specific rules and/or regulations violated.

SECTION 18. DECISION BY THE DEAN or DIRECTOR – The Dean or the Director of Student Affairs shall, within ten (10) days from receipt of the SDC report, transmit the report, together with their decision or recommendation, to the Chancellor.

SECTION 19. FINALITY OF DECISION – Any decision of the Dean or the Director of Student Affairs, other than expulsion, permanent disqualification from enrollment, or suspension for more than thirty (30) calendar days, shall become final and executory after fifteen (15) days from receipt of the decision by the respondent unless within five (5) days from receipt thereof a motion for reconsideration is filed, in which case the decision shall be final after 15 days from receipt of the action on the motion for reconsideration.

SECTION 20. APPEAL TO THE CHANCELLOR – In all cases in which a final decision is not conferred on the Dean or the Director of Student Affairs, the respondent may file an appeal to within ten (10) days from receipt of the decision.

SECTION 21. ACTION BY THE CHANCELLOR – Action of the Chancellor on recommendation coming from the Dean or the Director of Student Affairs on appeal from the decision of a dean shall be rendered within ten (10) days from receipt of the appeal, exclusive of Sundays and official holidays.

The Executive Committee shall automatically review and decide all student disciplinary cases in which the penalty of suspension for one year or more, expulsion, and withdrawal of registration privileges is imposed.

The authority given to the Executive Committee under this rule is understood to include the power to affirm, reverse, decrease, or increase the penalties imposed in the case under review.

The decision of the Executive Committee shall be final and executory after fifteen (15) days from receipt of the decision by the respondent unless, in the meantime, an appeal is made to and given due course by the Board of Regents.

SECTION 22. RIGHTS OF RESPONDENTS – Each Respondent shall enjoy the following rights:

  1. Not to be subjected to any disciplinary penalty except upon due process of law;
  2. To be penalized only on the basis of substantial evidence, the burden of proof being with the person bringing the charge;
  3. To be penalized only on evidence introduced at the proceedings or of which the Respondent has been properly appraised;
  4. Pending final decision on any charge, to enjoy all their rights and privileges as a student, subject to the power of the Dean or the Director of Student Affairs or the SDC to order the preventive suspension of the Respondent for not more than fifteen (15) days where suspension is necessary to maintain the security of the Faculty or the University;
  5. To defend themself personally, or by counsel, or representative of their own choice. If the Respondent should desire but is unable to secure the service of counsel, they should manifest that fact two (2) days before the date of hearing and request the SDC or the PIC to designate counsel for themself from among the members of the University constituency.

SECTION 23. EFFECT OF DECISION – The decision shall take effect as provided in these rules. However, the final decision of suspension or dismissal within thirty (30) days before any final examination shall take effect during the subsequent semester, except when the Respondent is graduating, in which case the penalty shall immediately take effect.

SECTION 24. RECORDS – All proceedings before the SDC shall be recorded and set down in writing. Original records pertaining to student discipline shall be under the custody of the Director of Student Affairs. Such records are hereby declared confidential, and no person shall have access to the same for inspection or copying unless they are involved therein or have a legal right that cannot be protected or vindicated without access to or copying such records. Any University official or employee who shall violate the confidential nature of such records shall be subject to disciplinary action.

SECTION 25. SANCTIONS

    1. For prohibited acts of students listed in Section 4.

      Prohibited Acts

      Sanctions

      4.1 Any form of intellectual dishonesty, as defined herein.

      4.1.1 Plagiarism;
      1. For the first violation, suspension for a minimum of one (1) semester to expulsion;
      2. For the second violation, expulsion.

      4.1.2 Falsification, fabrication, distortion, and/or destruction of data;
      1. For the first violation, suspension for a minimum of one (1) semester to expulsion;
      2. For the second violation, expulsion.

      4.1.3 Copying or providing the means or accessing means to copy exam answers, homework, projects,
      1. For the first violation, suspension for a minimum of two (2) months to expulsion;
      2. For the second violation, expulsion.

      4.1.3 Copying or providing the means or accessing means to copy exam answers, homework, projects, laboratory experiments, term papers, etc.; possession and/or use of cheat devices during an examination; allowing another person to take an examination in one’s name, and/or impersonating another student or allowing someone to impersonate oneself in an academic activity; and manipulating a corrected exam paper;
      1. For the first violation, suspension for a minimum of two (2) months to expulsion;
      2. For the second violation, expulsion.

      4.1.4 Submission of the same work in two or more courses without the instructors’ consent;
      1. For the first violation, suspension for a
        minimum of one (1) month to two (2) years;
      2. For the second violation, expulsion.

      4.1.5 Other acts analogous to 4.1.1, 4.1.2, 4.1.3, and/or 4.1.4.
      1. For the first violation, suspension for a
        minimum of one (1) month to expulsion;
      2. For the second violation, expulsion.

      		Additional corrective measures for all acts of intellectual dishonesty

      • withdrawal of degree
      • withdrawal of honors
      • disqualification from graduation with honors
      • cancellation of registration in the course/s for which act was committed
      • withdrawal of IT privileges as defined by the current policies on IT uses and resources of the University.
      4.2 Committing any act of fraud as defined herein

      4.2.1 In connection with admission to the University

      		 The admission to the University of any student found to have committed this misconduct shall be declared by the University Registrar to be null and void; they shall be permanently barred from admission.

      4.2.2 In connection with registration in the University
        1. For the first violation, suspension for a
          minimum of one (1) semester to expulsion;
        2. For the second violation, expulsion.

      Possible additional corrective measures:

        • cancellation of registration in the course/s for which the fraudulent act was committed
        • no refund of tuition and other fees
        • disqualification from graduation with honors
        • withdrawal of degree

      4.2.3 In connection with retention in the University;
        1. For the first violation, suspension for a
          minimum of one (1) semester to expulsion;
        2. For the second violation, expulsion.

      Possible additional corrective measures:

        • cancellation of registration in the course/s for which the fraudulent act was committed
        • no refund of tuition and other fees
        • disqualification from graduation with honors
        • withdrawal of degree upon the recommendation of the disciplinary body

      4.2.4 In connection with graduation from the University;

      		 Expulsion.

      The degree granted to any student found to have committed to this misconduct shall be recommended to the Board of Regents (BOR) for withdrawal.

      4.2.5 In connection with an application to and/or receiving any scholarship or grant funded or managed by the University and its affiliated institutions;
        1. For the first violation
          • suspension for a minimum of one semester to expulsion;
          • payment of the difference between the re-assessed amount and the amount that the student paid;
          • or reimbursement of the full cost of the grant, its processing, plus interest; and
          • disqualification from graduation with honors.

      Possible additional corrective measure: permanent disqualification from all scholarships or grants funded or managed by the University and its affiliated institutions.

      1. For the second violation, expulsion, payment of the difference between re-assessed amount and the amount that was paid by the student’ and/or reimbursement of the full cost of the grant, its processing, plus interest.

      4.2.6 In connection with stealing/malversation/misuse of funds collected in connection with student activities;
        1. For the first violation
          • suspension for a minimum of one semester to expulsion;
          • restitution, or the return of the funds to the rightful owner;
          • reparation, or compensation to the aggrieved party for damage or loss; and
          • disqualification from graduation with honors.

      Provided that if the misconduct is committed by two (2) or more persons acting in concert, the corrective measure of suspension shall be for a minimum of one year to expulsion.

      1. For the second violation
        • Expulsion
        • Restitution, or the return of the funds to the rightful owner; and
        • Reparation, or compensation to the aggrieved party for damage or loss.

      4.2.7 In connection with the registration of student organizations;
        1. For the first violation, suspension of student/s responsible for a minimum of one (1) semester;
        2. For the second violation, one (1) academic year.
        3. For the third violation, expulsion.

      Possible additional corrective measure: disqualification from graduation with honors.

      4.2.8 In connection with the use of University facilities by, or in the name of, student organizations;
        1. For the first violation, suspension of officers and students who applied for the use of the University facilities under the name of the organization for a minimum of one (1) semester; they shall be solitarily liable for the payment of the actual cost of use of the facility;
        2. For the second violation, suspension of one (1) academic year.
        3. For the third violation, expulsion.

      Possible additional corrective measure: disqualification from graduation with honors.

      4.2.9 In connection with the use of intellectual property of the University, which results in gain, material, or otherwise.
        1. For the first violation, suspension for a minimum of one (1) semester to expulsion;
        2. For the second violation, expulsion

      Possible additional corrective measure: disqualification from graduation with honors.
      4.3 Possession and/or use within the University’s physical spaces any firearm, knife, or any bladed or pointed object, stick, pipe, or any other dangerous or deadly weapons or chemicals, provided, that this rule shall not apply to one who shall possess the same in connection with their studies and who has a permit from the Dean;
        1. For the first violation, suspension for one (1) month to one (1) year.

      Provided that if the misconduct is committed by two (2) or more persons acting in concert, the corrective measures shall be suspension of one (1) year to expulsion.

      Provided that should the deadly weapon be a firearm, explosive, or any similar device, the corrective measure shall be expulsion;

        1. For the second violation, suspension for one (1) year to expulsion.

      Provided that if the misconduct is committed by two (2) or more persons acting in concert, the corrective measure shall be expulsion.

      1. For the third violation, expulsion.
      4.4 Drinking alcoholic beverages within the University’s physical spaces except in University-authorized activities; Admonition to suspension for three (3) to fifteen (15) days or community service;
      4.5 Smoking within the University’s physical spaces in violation of the provisions of Republic Act No. 9211; Admonition to suspension for three (3) to fifteen (15) days or community service;
      4.6 Unauthorized or illegal possession, manufacture, storage, and/or use of prohibited drugs or chemicals, or other banned substances enumerated in the Comprehensive Dangerous Drugs Law, such as LSD, marijuana, heroin, shabu or opiates, and hallucinogenic drugs in any form, within the University’s physical spaces;
      1. For the first violation, suspension for one (1) term to one (1) academic year;
      2. For the second violation, suspension from one (1) academic year to expulsion;

      For the first and second violations, the student shall undergo counseling. Rehabilitation may be required at the student’s expense. For undergraduate students, the parent/s or guardian/s of the student shall be notified and shall be involved in crafting of rehabilitation programs;

      1. For the third violation, expulsion.
      4.7 Gambling within the University’s physical and virtual spaces; Admonition to suspension for three (3) days to two (2) months or community service. The student may be advised to undergo counseling.
      4.8 Engaging in deliberate discourtesy or disrespect, which includes insulting, discriminatory or threatening behavior, to any student, official, faculty member, staff or person in authority of the University within the University’s physical and virtual spaces.;
        1. For the first violation, suspension for fifteen (15) days to one (1) term and a signed written apology acceptable to the offended party;

      Provided that if the misconduct is committed against a University official, faculty member or person in authority, suspension for a minimum of one (1) term to one (1) academic year and a signed written apology acceptable to the offended party.

      Provided further if the misconduct is committed by two or more persons acting in concert, suspension for a minimum of one (1) academic year and a signed written apology acceptable to the offended party, to expulsion.

      Refusal to provide a signed written apology to the offended party will result in expulsion. The apology should be written and sent to the offended party within (15) days from receipt of suspension order.
      4.9 Any disruptive behavior within the University’s physical and virtual spaces causing disorder, tumult, breach of peace, or serious disturbance;
      1. For the first violation, suspension for a period ranging from fifteen (15) days to one (1) term or community service;
      2. For the second violation, suspension for one (1) term to one (1) academic year;
      3. For the third violation, suspension for one (1) academic Year to expulsion.

      Provided that if the misconduct is committed by two (2) or more persons acting in concert, the corrective measure shall be as follows:

      1. For the first violation, suspension of the students involved in the disorder for one (1) term to one (1) academic year;
      2. For the second violation, expulsion.
      4.10 Causing physical or psychological harm to persons within the University’s physical and virtual spaces, respectively;
        1. For the first violation, the corrective measure shall be:

      If the victim is medically certified to have sustained injury but is not incapacitated, e.g., able to attend classes or work, suspension for thirty (30) days to expulsion;

      If the victim is not hospitalized or is hospitalized for less than seven (7) days and is medically certified to be incapacitated, e.g., unable to attend classes or work, suspension for one (1) semester to expulsion;

      If the victim is hospitalized at least seven (7) days as a consequence of the act, suspension for one (1) year to expulsion; and

      If the victim dies as a result of the act, expulsion;

      Provided further, that if the physical attack is committed by two or more persons acting in concert, the corrective measure shall be expulsion.

      1. For the second violation, expulsion.
      4.11 Violation of the policy on use of IT resources of the University.
      1. For the first violation, admonition to suspension for fifteen (15) to thirty (30) days or community service;
      2. For the second violation, suspension for one (1) term to expulsion;
      3. For the third violation, expulsion.
      4.12 Disclosing personal and sensitive information without consent, which is related to the student’s course of study, the place where it was committed, or the person who was violated;
      1. For the first violation, admonition to suspension for fifteen (15) to thirty (30) days or community service;
      2. For the second violation, suspension for one (1) term to expulsion;
      3. For the third violation, expulsion.
      4.13 Damaging or defacing or stealing University’s physical or digital property;
      1. For the first violation, suspension from one (1) week to one (1) academic year, or community service; or
      2. For the second violation, suspension from fifteen (15) days to expulsion;
      3. For the third violation, suspension for a period of one (1) term to expulsion.

      Provided that if the misconduct is committed by two (2) or more persons acting in concert and/or committed on the occasion of violent confrontations or any similar disturbance, the corrective measure shall be as follows:

      1. For the first violation, suspension for one (1) month to expulsion;
      2. For the second violation, expulsion.

      In all cases, these students shall be required to repair the damage done at their expense or to pay the costs incurred in repairing such damage. No clearance shall be issued until such damage is fully compensated by the students.
      4.14 Stealing within University premises or physical spaces;
      1. For the first violation, suspension for one (1) week to one (1) academic Year or community service; or
      2. For the second violation, suspension for two (2) weeks to expulsion;
      3. For the third violation, suspension for a period of one (1) semester to expulsion.

      Provided that if the misconduct is committed by two (2) or more persons acting in concert and/or committed on the occasion of violent confrontations or any similar disturbance, the corrective measure shall be as follows:

      1. For the first violation, suspension for one (1) month to expulsion;
      2. For the second violation, expulsion.

      In all cases, the students shall be required to make restitution and/or reparation, and repair the damage done at their expense or to pay the costs incurred in repairing such damage. No clearance shall be issued until the stolen property is returned or replaced and any damage is fully compensated by the students.
      4.15 Any form of gender-based violence or sexual harassment, including acts covered by Republic Act No. 7877, or the Anti-Sexual Harassment Act of 1995, and its Implementing Rules and Regulations., Republic Act 11313 of the Safe Spaces Act, and the UP Anti Sexual Harassment (ASH) Code; All violations under this provision shall be referred to the UPOU Office of Gender Concerns.

      The procedures and sanctions will be based on the UP Anti Sexual Harassment (ASH) Code.
      4.16 Violations under Republic Act No. 8049, otherwise known as the Anti-Hazing Law; Expulsion of the officers of the organization and members involved in the act.

      The neophyte who allows themself to be subjected to such rites and rituals shall be suspended for one (1) week to one (1) semester and shall be required to undergo counseling. For undergraduate students, the parent/s or guardian/s of the student shall be notified.
      4.17 Undermining or obstructing any investigation or proceeding, and/or willfully disobeying any written policy or rule, lawful order or directive of any faculty and University official, including members of disciplining bodies; For individuals,

      1. For the first violation, suspension for one (1) term to expulsion;
      2. For the second violation, expulsion.
      4.18 Any other form of misconduct or dishonesty, or deception within the University’s physical and virtual spaces, significantly affecting the good order and welfare and/or good name of the University, and/or which violates the provisions of this Code. For individuals,

      1. For the first violation, suspension for fifteen (15) days to expulsion;
      2. For the second violation, expulsion.

    2. For prohibited acts of student organizations listed in Section 5.

      Prohibited Acts

      Sanctions

      5.1 Making a false statement and practicing or attempting to practice any deception in connection with application for registration on behalf of the organization;
      1. For the first violation, suspension of registration for (6) months to one (1) year;
      2. For the second violation, suspension of registration for one (1) year and one (1) day to two (2) years;
      3. For the third violation, suspension of registration for two (2) to five (5) years;
      4. For the fourth violation, disqualification from registration for at least five (5) years, until conditions imposed by the SDC are met;

      Provided that in addition to the corrective measures above, the following shall be imposed:

      For 5.1, 5.2, 5.4, and 5.5: Community service, the length of which to be determined by the Office of Student Affairs (OSA), shall be imposed.

      For 5.3: restitution and/or fine equivalent to the amount of the grant;

      For 5.2, 5.3, 5.4, and 5.5: Suspension of all officers for (1) semester to expulsion; second violation, expulsion.

      Provided further, that restoration of registration is contingent upon fulfillment of obligations.

      5.2 Making a false statement and practicing or attempting to practice any deception in connection with use of University facilities on behalf of the organization;

      5.3 Making a false statement and practicing or attempting to practice any deception in connection with application in any University-funded or managed grant or prize on behalf of the organization;

      5.4 Making a false statement and practicing or attempting to practice any deception in connection with application for virtual space on behalf of the organization; and

      5.5 Making a false statement and/or withholding information in relation to the changes in the organization’s membership and officers within the duration of registration on behalf of the organization.

      5.6 Creating and/or engaging in disorder, tumult, breach of peace, or serious disturbance such as, but not limited to, rumbles, within the University physical spaces, resulting in harm to persons;

      		 For the first violation, suspension of registration for one (1) semester to one (1) year. The organization shall be required to pay actual damages;

      For the second violation, suspension of registration for one (1) year to five (5) years. The organization shall be required to pay actual damages;

      For the third violation, disqualification from registration for at least five (5) years, until conditions imposed by the disciplinary body are met. The organization shall be required to pay actual damages.

      5.7 Violations under Republic Act No. 8049, otherwise known as the Anti-Hazing Law;

      		 Disqualification from registration for at least five (5) years, until conditions imposed by the disciplinary body are met.

      The officers of the organization shall be charged.

      5.8 Damaging, defacing, or stealing University property, including littering and vandalism.

      		 For every violation, suspension of registration for one (1) month to five (5) years, to be served successively. The officers and members shall be required to make restitution and/or reparation.

      Additional corrective measure: The length of community service to be determined by OSA or the Faculty shall be imposed.

      5.9 Appropriating for the student organization in the University the property of another.

      5.10 Undermining or obstructing any investigation or proceeding and/or willfully disobeying any written lawful order or directive of the University officials, including members of disciplining bodies.

      		 Suspension of registration for one (1) month to disqualification from recognition for at least five (5) years, until conditions imposed by the disciplinary body are met.

      5.11 Engaging in any other form of misconduct, whether within or outside the University’s physical and virtual spaces, significantly affecting the good order and welfare and/or good name of the University.

SECTION 26. PRESCRIPTION – Cases of intellectual dishonesty shall prescribe twenty (20) years after discovery of the misconduct. All other cases of serious misconduct (Prohibited Acts 4.1 – 4.3, 4.6, 4.8 – 4.12, 4.14 – 4.18) shall prescribe upon graduation. All cases of less serious misconduct (Prohibited Acts 4.4, 4.5, 4.7, and 4.13) shall prescribe six (6) months after discovery of the misconduct or upon graduation, whichever comes earlier. Cases of misconduct of student organizations shall prescribe five (5) years after the discovery of the misconduct.

SECTION 27. APPROVAL – These rules shall take effect within 15 days upon approval of the University Council. Any amendments to these rules shall take effect within ten (10) days after approval and shall take effect 15 days after circularization unless a specific date has been set, which date shall in no case be within five (5) days after its approval.

Figure 1. Disciplinary procedure for students

Figure 2. Disciplinary procedure for student organizations



References:

  1. Approved Acceptable Use Policy for Information Technology (IT) Resources of the UP System. (n.d.). Retrieved from https://upd.edu.ph/aup/
  2. RA 10173 : Data Privacy Act of 2012. (2012). Retrieved from https://www.officialgazette.gov.ph/2012/08/15/republic-act-no-10173/
  3. RA 10175 : Cybercrime Prevention Act of 2012. (2012). Retrieved from https://www.officialgazette.gov.ph/2012/09/12/republic-act-no-10175/
  4. RA 11313 : Safe Spaces Act. (2018). Retrieved from https://www.officialgazette.gov.ph/downloads/2019/04apr/20190417-RA-11313-RRD.pdf
  5. RA 7877 : Anti-Sexual Harassment Act of 1995. (1995). Retrieved from https://www.officialgazette.gov.ph/1995/02/14/republic-act-no-7877/
  6. RA 8049 : Anti-Hazing Act of 2018. (12018). Retrieved from https://www.officialgazette.gov.ph/downloads/2018/06jun/20180629-RA-11053-RRD.pdf
  7. The Revised Code of The University of the Philippines. (1961). Retrieved from https://osu.up.edu.ph/wp-content/uploads/2014/05/UNIVERSITY-CODE-1961_1.pdf
  8. UP Anti-Sexual Harassment Code. (2017). Retrieved from https://up.edu.ph/up-anti-sexual-harassment-code/
  9. UP Cebu Students Guide. (2017). Retrieved from https://osa.upcebu.edu.ph/wp-content/uploads/2021/08/University-of-the-Philippines-Cebu-Student-Guide-2017-1.pdf
  10. UP Diliman. (2012). 2012 Code of Student Conduct of UP Diliman. Retrieved from https://osu.up.edu.ph/wp-content/uploads/2015/09/2012-Code-of-Student-Conduct.pdf
  11. UP Mindanao Student Handbook. (2020). Retrieved from https://www2.upmin.edu.ph/images/2020/Student%20Handbook%20-%20pages%20.pdf