IX.CODE OF DISCIPLINE
Preliminary Provisions
This body of rules and regulations shall govern the acts, conduct and behavior of all students enrolled in Northwestern University. This is hinged on the authority of the school to maintain discipline pursuant to Section 102 of the Manual of Regulations for Private Higher Education (MORPHE), Higher Education Page 60 of 100 Institutions (HEIs) where its mandate is to “maintain discipline inside the campus as well as the school premises. An institution shall seek to exercise disciplinary authority over students outside its campus, and beyond school hours, terms or years, in the following instances – a. where the school policies or regulations were violated and b. where the misconduct involves the students status or the name of the school.
The Code of Discipline contains rules and regulations that students must follow in order to maintain their good standing in the institution. Be it noted, however, that disciplinary actions are not implemented purely as a punitive measure but as an educational tool to instill discipline and sense of responsibility on the students. Violation of this Code, as well as of pertinent rules and regulations, shall be given its corresponding penalty depending upon the circumstances and gravity of the offense, and the frequency of the offender in committing infractions of University policies.
A. JURISDICTION
In accordance with Section 102 of the MORPHE already quoted previously, the University is authorized to exercise its power to discipline once a student is formally admitted. The power to discipline may be exercised when a student commits an offense inside and outside the campus and even in some extreme circumstances when the offense committed after graduation affects the status of the offender as a student/graduate or the good name or reputation of the school.
Furthermore, the same section of the MORPHE empowers the University to discipline its students even if the offense is committed beyond the school hours, term or year if the offense affects the status of the offender as a student or the good name or reputation of the school.
B. LIST OF PENALTIES
The following are penalties that may be imposed when a student is found guilty of an offense. As provided in pertinent provisions of the MORPHE.
For light offenses:
1. Warning
2. Reprimand
3. Suspension of not more than 20% of the total number of school days.
For serious offenses or extreme cases
1. Non-readmission
2. Exclusion
3. Expulsion
4. Recall
Suspension. Suspension from classes as part of the sanction shall not exceed 20% of the total number of school days during the school terms. Suspension for more than 20% of the school term, shall require the approval of the CHED.
Exclusion. Exclusion are of two types: denial of re-admission for the disciplined student for one term and more or outright dismissal but with transfer credentials to enable for the disciplined student to move to another school.
Expulsion is imposed only in extreme cases. It debars a student from seeking admission in any school, private or public, recognized by the government. Expulsion is an extreme administrative sanction and the most severe penalty available to schools for those student infractions listed and classified as Page 67 of 100 “very serious”, and shall not be imposed without the approval of the CHED
When a range is prescribed as a penalty for an offense, the penalties within the range are deemed included. Aside from the above-given penalties, subsidiary penalties may also be imposed upon a student found guilty of an offense and may include one or more of the following:
a. Confiscation
b. Restitution
c. Counseling (number of sessions to be determined by the University’s Guidance Counselor
d. Community Service (rendering of service to one or more extension services of the University.
e. Persona non-grata
f. Preventive Suspension – preventive suspension is not per se a penalty but a measure to enable the disciplining authority to investigate charges against an erring student, to prevent tampering of evidence and to protect the University’s properties, its faculty and other students.
C. LIST OF OFFENSES AND PRESCRIBED PENALTIES
The following are the acts or omissions deemed as improper conduct for which a student may be subjected to disciplinary action, to wit:
Light Offenses
1. Improper wearing of the prescribed uniform during weekdays except Wednesdays, and when required by school authorities.
Minimum penalty Warning
Maximum penalty Suspension not exceeding 20% of prescribed class hours
2. Failure to bring and/or wear the ID card at chest level when inside the campus and/or bring RFID (Radio Frequency ID) card
Minimum penalty Warning
Maximum penalty Suspension not exceeding 20% of prescribed class hours
Note: In case of lost ID/RFID, the student should report the matter to the Office of the Student Affairs and replacement will be issued upon submission of Request for Reissuance and duly-notarized Affidavit of Loss.
3. Unauthorized stay or entry to the University campus from 9:00 PM – 6:00 AM
Minimum penalty Warning
Maximum penalty Suspension not exceeding 20% of prescribed class hours
4. Carrying of cigarettes or e-cigarettes/vapes inside the school premises is strictly prohibited.
Minimum penalty Warning
Maximum penalty Suspension not exceeding 20% of prescribed class hours
5. Loitering in classrooms, corridors, halls and the like which tend to disrupt classes and/or school activities.
Minimum penalty Warning
Maximum penalty Suspension not exceeding 20% of prescribed class hours
6. Public spitting and littering on campus.
Minimum penalty Warning
Maximum penalty Suspension not exceeding 20% of prescribed class hours
7. Posting and/or distributing of notices, posters, streamers and similar materials without the prior approval of the Dean of Student Affairs.
Minimum penalty Warning
Maximum penalty Suspension not exceeding 20% of prescribed class hours
Note: Repeated offenses or defiance in this category of offenses may result to more severe consequences or sanctions.
Serious Offenses
8. Smoking of cigarette/s, e-cigarette/s or vapes on campus is strictly prohibited.
Minimum penalty Suspension with Confiscation
Maximum penalty Expulsion with Confiscation
In compliance with EO No.26, s. 2017 providing for the establishment of Smoke-Free Environments in Public and Enclosed Places
9. Gross misconduct committed against any student, teacher, personnel, or University authority or his/her agents such as, but not limited to, assaults, defamation, disrespect or discourtesy, and violence upon the person or functions of University personnel, but not limited to hazing, bullying and harassment.
Minimum penalty Suspension
Maximum penalty Expulsion
*Hazing and other violations relative to activities of Fraternities are punishable by expulsion as per CHED Order No. 4 series of 1995.
10. Production, possession, distribution, publication, exhibition and dissemination of the literature, films, prints, plays, shows or similar forms which are offensive to morals, contrary to law, public order, good custom, and University policies.
Minimum penalty Suspension
Maximum penalty Expulsion
11. Engaging in lewd, indecent, obscene immoral or provocative conduct such as kissing, necking, petting and similar acts while in the University premises or during university functions.
Minimum penalty Suspension
Maximum penalty Expulsion
12. Unauthorized collection or solicitation of money or property or abetting in the commission of this act from any student, personnel, faculty member, or administrator.
Minimum penalty Suspension with Restitution
Maximum penalty Expulsion with Restitution
13. Bribing or similar acts upon a faculty member and/or University personnel in relation to his/her office, by him or through his/her agent, in order to obtain favor or benefit.
Minimum penalty Suspension
Maximum penalty Expulsion
14. Possession or use of explosive or any kind of deadly weapons such as, but not limited to, guns, knives, ice picks, and darts.
Minimum penalty Suspension with Confiscation
Maximum penalty Expulsion with Confiscation
15. Vandalism, which is willfully damaging or destroying University property, removing or erasing or tampering with official notices, announcements and posters on bulletin boards, writing of graffiti on any University property and other similar acts.
Minimum penalty Suspension with Restitution
Maximum penalty Expulsion with Restitution
16. Theft of University property or personal belongings of employees and students.
Minimum penalty Suspension with Restitution
Maximum penalty Expulsion with Restitution
17. Bringing in or imbibing or dispensing liquor or any intoxicating beverages.
Minimum penalty Suspension not exceeding 20% of prescribed class hours
Maximum penalty Expulsion with Restitution
18. Illegal use, possession or distribution of regulated or prohibited drugs or their derivatives including paraphernalia used for such substances.
Minimum penalty Suspension
Maximum penalty Expulsion
19. Engaging in any form of gambling in the premises of the University.
Minimum penalty Suspension
Maximum penalty Expulsion
20. Forging, altering, falsifying or misusing university documents, record or credentials, or knowingly furnishing or using false or forged information in connection with official university transaction, proceedings, investigations, or publishing false information about the University, its officials, faculty members personnel and students.
Minimum penalty Suspension
Maximum penalty Expulsion
21. Using school facilities/equipment for symposia, fora, debates and other similar activities without the approval of the President or his/her duly authorized representative.
Minimum penalty Suspension
Maximum penalty Expulsion
22. Unauthorized use of the name of Northwestern University in any ticket, invitation, program, announcement or similar printed matters, or transactions.
Minimum penalty Suspension
Maximum penalty Expulsion
23. Acts of dishonesty such as, but not limited to, cheating during examination or plagiarism in connection with any academic work/s.
Minimum penalty Suspension
Maximum penalty Expulsion/Recall
Note: When a student is found guilty of cheating or plagiarism, the examination/ quiz or academic requirement taken or submitted in which the student cheated or plagiarized is nullified and the student is disqualified to take a make-up quiz/exam or to re-submit such academic requirement.
24. Leading, instigating, or inducing others to hold illegal strikes or similar concerted activities, or participating thereof resulting in the stoppage of classes or disruption of the operation of the University.
Minimum penalty Suspension
Maximum penalty Expulsion
25. Membership in or recruiting for any organization deemed inimical to the interests of the University and its students such as but not limited to fraternities, cults and subversive organizations.
Minimum penalty Suspension
Maximum penalty Expulsion
26. Commission of any other acts that causes prejudice to the name and reputation of the University and/or welfare of the same as well as the employees and students.
Minimum penalty Suspension
Maximum penalty Expulsion
The Supreme Student Council, as representing the students or in its own volition, may pass resolutions it deems appropriate for the amendment or revision of any provision/s of this Code or in the proper implementation of the Code of Discipline of the University. Any provisions regarding sanctions of its violations approved by the Council shall be executory and legal. However, the University Code of Discipline shall take precedence over the resolutions of the Student Council in the application of disciplinary sanctions.
D. DISCIPLINARY ACTIONS
Disciplinary actions are the formal proceedings taken by the University to determine whether a student has committed an offense and, if so, determine the penalty that must be imposed. The procedures outlined here are designed to afford students due process before any sanction is imposed by the University. Disciplinary actions, like administrative ones, are summary in nature. School officials to personnel are afforded the right to impose appropriate and reasonable disciplinary measures as provided in pertinent provisions Sections 104-106 of the Manual of Regulations for Private Higher Education (MORPHE), these procedures as well as their implementing guidelines in order to assure fulfillment of these requirements.
While the following procedures only mention certain school officials, other school personnel are charged with the responsibility of reporting violations of this student handbook to the proper authorities as provided herein.
PROCEDURES
1.DISCIPLINARY ACTIONS FOR LIGHT OFFENSES
1.1.The VPAA, College Deans, DSA or NWU-ERC Director shall exercise concurrent jurisdiction to discipline a student who commits a light offense within their respective scopes of authority.
1.1.1.College Deans shall have jurisdiction over light offenses committed within their respective college premises.
1.1.2.The NWU-ERC Director shall have such power over light offenses committed within the libraries of the University as well as light offenses committed with regard to books and resources thereof.
1.1.3.The VPAA and the DSA shall concurrently have such power over light offenses committed throughout the University campus and outside thereof
as allowed by the Code of Discipline.
1.1.4.In case of overlapping jurisdictions, preference shall be given to the office first notified of the offense without prejudice to mutual agreement of the concerned officers as to who shall handle the case.
1.2.The concerned officer shall summon the respondent and inform the latter of the act/s that comprise the violation in writing.
1.3.The respondent shall be given the opportunity to give his/her side or explanation. The respondent shall have the right to counsel, who must be a fulltime faculty/academic personnel or a bona fide student of the University. Otherwise, such counsel shall be disqualified to participate in proceedings.
1.4.The respondent shall be considered to have waived his/her right to be heard if he/she fails to appear when summoned and the absence is without sufficient excuse.
1.5.The officer concerned shall give their decision in writing within three (3) days from the conference held with the respondent and provide the student with a copy thereof.
1.6.Copies of the decision shall be submitted to the Office of the President through the proper channels.
2. DISCIPLINARY ACTIONS FOR SERIOUS OFFENSES
2.1.
Initiation of Actions
2.1.1.
All complaints for serious offenses shall be filed with the Office of Student Affairs.
2.1.2.
Upon a determination that the facts alleged in the complaint constitute a serious offense, the DSA shall require the respondent to give a written answer within three (3) days of receipt of the complaint.
2.1.3.
Upon the filing of the written answer or the lapse of the period to file an answer, the DSA shall initiate the constitution of the Investigation Committee (IC) and seat as chairperson therein. The Investigation Committee shall comprise of the DSA, Chairperson and four (4) members: Asst. Discipline Officer, department head where the erring student is enrolled representatives from the Guidance Center, and representative from the Supreme Student Council.
For cases involving gender issues and sexual harassment, the Committee on Decorum and Investigation (CODI) shall be constituted to receive evidence and hear the case. The CODI shall comprise of the DSA as Chairperson, and four (4) members from the Guidance Center, department head where the erring student is enrolled, the Supreme Student Council, and a member of the NWU-GAD Focal System.
2.1.4.
The Investigation Committee (IC), or CODI whenever applicable, may decide on the documents submitted or may call for one meeting for clarificatory hearing and for possible settlement of parties.
2.1.5.
Either Committee, through the DSA sitting as Chairperson, shall recommend to the President, through the VPAA, whether the case shall be submitted for resolution by the Disciplinary Board (DB).
2.1.6.
On his/her own volition, the DSA may likewise recommend the conduct of a formal investigation set forth in 2.1.3. provided that:
2.1.6.1.
He has gathered sworn statement/s of person/s alleging facts that comprise an offense listed in the Student Code of Discipline; and
2.1.6.2.
He has allowed the respondent to answer the allegations as set forth in 2.1.2.
2.1.7.
The President shall decide whether the case shall proceed for formal investigation. If approved, the case shall be forwarded DB for formal investigation.
2.2.
Pleadings and the Right to Counsel
2.2.1.
Summons – Upon receipt of the approval for formal investigation, the Chairman of the DB shall serve summons upon the respondent stating the alleged offense/s committed, with a copy of the complaint/s attached, and directing the latter to submit an Answer within five (5) days from receipt of the summons.
2.2.2.
Right to Counsel – The respondent shall have a right to have a counsel of his/her own choice to assist him in his/her defense, the preparation of necessary documents and pleadings as well as represent him in the proceedings of the disciplinary action.
2.2.3.
Answer – The Answer of the Respondent shall state the following:
2.2.3.1.
Admitted facts,
2.2.3.2.
Facts denied and the truth of the matter according to his/her knowledge, and
2.2.3.3.
Defenses relied upon and arguments in support thereof.
2.2.4.
Failure to File Answer, Effect – If no Answer is filed within the period prescribed without justifiable cause, the respondent shall be considered to have waived his/her right to be heard. However, the respondent may be allowed to attend hearings with legal counsel but without the right to participate therein.
2.2.5.
Admission of Facts – If the respondent, through his/her Answer, admits all the facts that comprise the offense complained of, the respondent shall be considered to have admitted the offense and the office concerned shall proceed to resolve the case. If a legal defense is raised, such defense shall be considered in the resolution.
2.3.
Hearings and Reception of Evidence
2.3.1.
Submission of Affidavits – In lieu of hearings for Direct Examination, sworn statements in support of the Complaint and the Answer shall be filed within ten (10) days from the filing of the Answer or from the lapse of the day on which the same should have been filed.
2.3.2.
Cross-Examination and Clarificatory Hearings – No cross-examination shall be held, disciplinary actions being summary in nature.
2.3.2.1.
However, in order to avoid a grave miscarriage of justice, the DB, on its own prerogative, may summon any of the witnesses to answer clarificatory questions.
2.3.2.2.
The Respondent may move for the setting of a hearing for clarificatory questions within three (3) days of receipt of the sworn statements in support of the complaint with the questions included in the motion. Such questions shall solely be based on the affidavits of witnesses for the complaint and shall be submitted to the DB for consideration. The DB shall rule whether the questions submitted have merit in accordance with the preceding paragraph.
2.3.3.
Objections – The DB shall rule on objectionable evidence submitted to it and may exclude the same based on the established rules of evidence.
2.3.3.1.
The Respondent may submit written objections to the evidence for the complaint. The DB shall decide whether the objection has merit or not.
2.4.
Resolution of Disciplinary Actions
2.4.1.
Resolution by the Disciplinary Board with Penalties of Suspension Not Exceeding Twenty Percent (20%) of Class Hours or Lower – When no other witness is to be heard, the presiding officer shall call for all the members of the DB for deliberations within three (3) days from the last hearing date.
2.4.2.
Where the Penalty to be Imposed is Suspension for More Than Twenty Percent (20%) of Class Hours or Exclusion – In all cases where the penalty to be imposed is suspension for a period exceeding twenty percent (20%) of the class hours of the respondent or exclusion, the President shall cause a notice of such imposition to be sent to the CHED Regional Office within ten (10) days from termination of proceedings. The DB shall likewise furnish the respondent with a copy of the resolution or decision, as the case may be, without delay.
2.4.3.
Where the Penalty to be Imposed is Expulsion – If the penalty to be imposed on the Respondent is Expulsion, the Resolution of the DB and the Decision of the President, if any, shall be automatically included in the agenda of the Regular Meeting of the Board of Directors for consideration. The DB shall furnish the respondent with a copy of the resolution or decision, as the case may be, without delay.
2.4.3.1.
If the penalty of expulsion is upheld by the Board of Directors, a Secretary’s Certificate stating the resolution of the said Board shall be executed and served upon the Respondent and the CHED Regional Office for approval by the CHED Chairman.
2.4.3.2.
If the penalty is lowered, the procedure in No. 2.4.2 shall be followed.
2.4.3.3.
If the respondent is found innocent, the respondent shall be served with a Secretary’s Certificate stating the resolution of the Board of Directors.
3. APPEALS
3.1.Appeals for Light Offenses – The respondent may appeal from an adverse resolution by submitting an appeal to the President through the Vice-President for Academic Affairs within three (3) days from receipt of the said resolution. The decision of the President in such case may not be appealed.
3.2.Appeals for Serious Offenses – The respondent in a Disciplinary Action for a serious offense may appeal from the Resolution of the DB or the Decision of the President, if any, to the Board of Directors within three (3) days from receipt of the Resolution or Decision as the case may be.
3.2.1.The President shall include the appeal in the agenda of the next succeeding regular meeting of the Board of Directors.
3.2.2.The Board of Directors shall examine the records of the case and shall decide by majority vote of the members present constituting a quorum.
3.2.3.The decision of the Board of Directors shall be final and executory.
3.2.4.The Office of the President shall cause the service of the decision of the Board of Directors upon the respondent without delay.
3.2.5.Where the penalty to be imposed is expulsion, the appeal shall be automatic as provided in No. 2.4.3. Nevertheless, the respondent may likewise file a written appeal as provided herein for consideration by the Board of Directors.
4. FINALITY AND EXECUTION OF DECISIONS
4.1.
Finality of Decisions – Upon the lapse of the period for appeal, or upon service of a decision that cannot be appealed declared so herein, the decision shall be considered final and executory.
4.2.
Execution of Decisions – Final decisions shall be executed as follows:
4.2.1.
For Penalties less than Exclusion – If the decision calls for a penalty less than exclusion, the decision shall be endorsed to the OSA for execution.
4.2.1.1.
For written reprimands, the DSA shall draft and sign the reprimand and shall cause the same to be served upon the respondent, the legal guardian of the respondent, the SVPAA, the University Registrar, the Dean to which the respondent belongs and the Guidance Office. The
same shall be inserted in the file of the respondent in the university offices enumerated.
4.2.1.2.
For suspensions, the DSA shall draft the order of suspension and shall cause the same to be served upon the respondent, his/her/her legal guardian, the SVPAA, the University Registrar, the Dean to which the respondent belongs and the Guidance Office. The same shall be inserted to the file of the respondent in the university offices enumerated.
4.2.2.
In Cases of Exclusion – If the decision calls for a penalty of exclusion, the Office of the President through the Legal Office shall see to its execution.
4.2.2.1.
Copies of the order of exclusion shall be served upon the respondent, his/her/her legal guardian, the SVPAA, the University Registrar, the Dean to which the respondent belongs, the DSA and the Guidance Office. The same shall be inserted to the file of the respondent in the university offices enumerated.
4.2.2.2.
Within ten (10) days from the finality of the decision, a copy of the same and the order of exclusion shall be forwarded to the CHED Regional Office.
4.2.3.
In Cases of Expulsion – If the decision calls for a penalty of expulsion, the decision shall be forwarded to the CHED Regional Office within ten (10) days of its finality for approval by the CHED.
5.SPECIAL POWERS
5.1.The President, the VPAA or the DSA may order the preventive suspension of any student involved in any violent confrontations involving students.
5.1.1.This power may be availed of when the violent confrontation occurs in the presence of the President, VPAA, DSA or any faculty of the University and the student is positively identified by such official or faculty.
5.1.2.Such suspension shall not exceed fifteen (15) calendar days and shall be availed of upon the determination that presence of such student may expose the student or other students or personnel to bodily harm.
5.1.3.The suspension imposed herein shall be without prejudice to a Disciplinary Action and shall not be counted with the penalty imposed through the Disciplinary Action.
6.SPECIAL CONSIDERATIONS
6.1.Exclusion and Expulsion – If the respondent is excluded but appeals to the CHED or is recommended for expulsion by the University, the University may bar the respondent from re-enrollment. The respondent may only be conditionally admitted upon submission of a signed and acknowledged undertaking that no units shall be credited for such semester should the CHED uphold the order of exclusion or approves the recommendation for expulsion.
6.2.Restrictions on the Issuance of Records and Documents – The following documents shall not be issued except as provided herein.
6.2.1.Transfer Credentials, Official Transcripts and Other Scholastic Records – Transfer Credentials, Official Transcripts and other scholastic records shall not be issued unless all orders of suspension have been served or the expulsion order of CHED has been lifted. In cases of exclusion and non-readmission, the Transfer Credentials may be applied for with the Registrar’s Office immediately upon finality of the decision or the end of the semester respectively.
6.2.2.Certificates of Good Moral Character – Certificates of Good Moral Character may not be issued when the acts of a student as established in a proper proceeding clearly displays moral turpitude.
6.3.Financial Obligations – All financial obligations and accountabilities of a student who is excluded or is recommended for expulsion to the CHED shall immediately fall due and demandable. Failure to settle such obligations or accountabilities shall bar transactions with the Registrar’s Office.