The Caraga State University Code of Student Conduct

Introduction

As an academic community, Caraga State University recognizes the necessity to articulate and enforce standards of behavior. Such standards are not merely intended to prohibit misbehavior and punish violations but to educate about behavior and character attributes that the community desires to uphold or deter; to protect members of the community from harm or unwanted interference; to hold individuals and groups accountable for their actions and the consequences of their behavior; and to nurture an environment that is conducive to our community’s primary purpose – education.

This Code shall not be a surrogate for criminal or civil judicial proceedings and it shall not impede or dissuade any complainant or potential complainant from using criminal or civil justice systems. Disciplinary action under this Code does not preclude sanctions or remedies under criminal or civil laws. CSU and individual complainants or victims, may entirely apart from this Code, report suspected criminal law violations to the criminal justice system, take up available remedies through civil court proceedings, and avail themselves of other forms of dispute resolution.

The information contained in this Code is anticipated to facilitate undertakings to ascertain facts of a disciplinary matter or allegation and to arrive at an impartial resolution. This Code is not intended, and does not confer any contractual rights on any individuals involved. Circumstances can be significantly different between situations, and the Chairman of the Committee of Student Discipline may adapt procedures in a particular situation in order to reach a well-timed and impartial decision.

A. Philosophy of the Code of Student Conduct

The way of life and work of a Caraga State University student must be based on integrity, responsibility, respect, and consideration for others. In all activities each student is expected to be respectful of the rights and welfare of the community and of others in the community and to be trustworthy and upright.
Caraga State University, through appropriate policies and rules, encourages mature and responsible behavior of its students and holds students responsible for behavior that infringe the standards and expectations of the community.
All students are expected to conduct themselves in a manner that is congruent with the University’s function as an educational institution and with the rights of all members of the University to attend, take advantage of, and derive benefit from the facilities of the University without undue interruption or distraction.
By entering Caraga State University, students accept several responsibilities: a.) To respect the interests and welfare of all members in the University community and their guests, b.) To refrain from abusing or damaging property which belongs to the University or members of this community, and c.) To maintain an atmosphere conducive to education and scholarship, and other responsibilities as outlined in the Student Handbook.
The University regards the student’s registration as a manifestation of willingness to abide by all the policies and rules prevailing in the University. Every student is therefore compelled to observe them.
Failure to fulfill these responsibilities may result in the suspension of specific privileges, the withdrawal of a student’s privilege of attending the University, or the imposition of other penalties.
Certain other areas and departments of the University (such as the library, dormitory, student centers, etc.) also maintain additional rules and regulations that students obliged to obey. Any department or office may refer a violation of University rules and policies to the Committee on Student Discipline.

B. Standard of Conduct

Students are expected to govern their conduct by standards of considerate and ethical behavior so as not to harm or discredit themselves, the University, or any other individual. Moreover, just as the learning environment does not end at the classroom door, neither is the exercise of individual responsibility, civility, and honor limited to the academic domain.

Caraga State University reserves the right to take official notice of criminal convictions of and accusations against a student, whether the crime is committed on or off campus. This may then result in appropriate sanctions, including that student’s expulsion from the University.

Some matters may involve allegations of violations of both Caraga State University rules or regulations and civil or criminal law. In these cases, proceedings concerning possible Code violations may proceed on campus without regard to off-campus proceedings. Proceedings under this Code may be completed before, concurrently, or succeeding civil or criminal proceedings off-campus. The University does not assume to advise students accused of criminal law violations, and such students should obtain counsel from a lawyer. Caraga State University offers no haven from the consequences of unlawful acts.

C. Restricted Conduct

The University expects its students to exercise discretion, self-determination, and responsibility in the course of their individual development as a person. This requires the ability to discriminate between acts that shall encourage their wellbeing as a person and those that undermine this.

As a general guiding principle, offenses against the Code of Student Conduct shall be considered major if any of the following circumstances are present: against the laws of the land, endangering the life and safety of the members of the community, delinquent behavior.

The following are specific examples of acts and behaviors considered irresponsible behavior that may be detrimental to oneself, another member of the academic community, or the University community in general. All these acts and behaviors are unacceptable within the University community. This list is not all-inclusive. Additional rules exist in the Student Handbook, the CSU No Alcoholic Beverages Policy, the CSU ID-Wearing Policy, the CSU No Smoking Policy, General Announcements, in the policies published by the University and by administrative departments.

These rules and policies may be enforced by the procedures under this Code and the authority of this Code, the Chairman or the Head* of the Committee on Student Discipline, Director or the Head* for Student Affairs and Services, Vice President or the Head* for Academic Affairs, and the University President. CSU Main and CSU Cabadbaran Campuses shall implement uniform rules and procedures in all matters of student disciplinary proceedings, except that the nomenclature of official bodies and/or officials may slightly vary as they are used in the two campuses.

[*] Head as used in this text refers to the official designation use at the CSU Cabadbaran Campus

I. Offenses Against Security

Violation of the Caraga State University ID-Wearing Policy. Failure to wear and display a valid CSU student identification card visibly on one's person and unauthorized use of University ID cards
Failure to Comply or Identify. Failure to comply with directions of University officials or law enforcement officers acting in the performance of their University duties and/or failure to identify oneself to these persons when requested to do so
Unauthorized access. Unauthorized possession, duplication, or use of keys or access devices to any University premises, facilities or equipment, or unauthorized entry to or use of any University premises
Unauthorized Entry or Trespassing. Unauthorized entry (whether forcible or otherwise) to any building, structure, construction site or facility, including an individual’s room and/or unauthorized entry to or use of University grounds
Violation of the Caraga State University Alcohol Policy. Including without limitation, public intoxication, minor in possession, driving while intoxicated, minor driving under the influence, and other alcohol related violations.
Bringing into and/or drinking alcoholic or any intoxicating beverages on campus
Coming into the University premises under the influence of alcohol or prohibited substances, and/or acting in an unruly manner
Manufacture, Distribution, Sale, Offer for Sale, Possession, or other Unauthorized Use of Controlled Substances. This includes marijuana, illegal drugs, and unauthorized possession, distribution, sale, offer for sale, or use of prescription drugs.
Possession of Weapons and or Other Dangerous Devices. Possession of weapons, including all firearms (including legally registered ones), compressed air-guns, pellet guns, clubs, illegal knives, other bladed weapons (including those intended for ceremonial or decorative uses), dangerous chemicals, or explosive devices (including fireworks) of any description. None of these items may be possessed on campus except as registered and stored with consent by authorized University personnel.
Misuse or Abuse of Computer Facilities or Information and Communication Systems, including:

hacking or cracking a computer system/server or information and communication system (according to RA 8792)
unauthorized entry into a file to use, read, or change the contents, or for any other purpose;
unauthorized transfer of a file;
unauthorized use of another individual’s identification and/or password;
use of computational facilities to interfere with the work of another;
use of computational facilities to send obscene, abusive, harassing or threatening messages or to engage in stalking behavior or to repeatedly send unwanted email to individuals;
use of computational facilities, including the Rice network facilities, to download or possess child pornography;
use of computational facilities to interfere with the normal operation of the University’s computing systems;
use of computational facilities for file sharing or downloading in violation of copyright laws; or
violation of policies of University computer facilities or networks

II. Offenses Against Persons

Mental or Bodily Harm, Reckless Action or Disregard. Intentionally inflicting or attempting to inflict mental or bodily harm on any person, including the charged student; taking any reckless action, or showing reckless disregard, from which mental or bodily harm could result to any person, including the charged student. This includes, but is not limited to, actual or attempted behavior that includes physical abuse of all types, verbal abuse, threats, intimidation, harassment, coercion, sexual harassment, sexual misconduct, stalking behavior, physically restraining any person, including (but not limited to) restraint by rope, handcuff, plastic tie, duct tape or other types of restraint, driving while intoxicated or under the influence, whether on or off campus, and/or other conduct which threatens or endangers the physical or mental health or safety of any person.
Discrimination. Intentional discrimination against a person on the basis of race, color, religion, national origin, sex, age, disability, veteran status, or sexual orientation, except where such distinction is required by law.
Acts of disrespect or discourtesy
Advocating one’s faith by slandering or maligning others’ religious beliefs
Acts of misdemeanors of a sexual nature
Physical assault
Intimidating members of the University community
Inhibiting members of the University community from exercising their duties, which include attending classes, submitting requirements, or coming into school premises
Instigating and/or engaging in activities ensuing in injury or moral damage to any member of the academic community
Any act by word or deed that degrades or debases the dignity of any member of the academic community

III. Offenses Against Property

Disobeying school regulations on the care of the University
Misuse of University Property or Equipment
Attempted or actual theft of property or services and/or damage to property of the University, a member of the University community, or any business or person which is located on University premises, or knowing possession of stolen property.
Attempted or actual theft of property or services and/or damage to property of the University, a member of the University community, or any business or person which is located on University premises, or knowing possession of stolen property.
Unauthorized Access to University Records. Regardless of where such records are located.
Vandalizing personal and/or CSU property on campus
Fire Safety Violation including but not limited to creating a fire safety hazard in any University building, setting false fire alarms
Initiating and/or participating in activities resulting to damage of University property

IV. Offenses Against Order

Wearing attire other than the prescribed uniform or that is inappropriate to the academic nature of the University. (Administrators and faculty members, acting individually or in groups (for instance, as a Department, or as a College) may specify more precisely the suitable forms of outfit in classrooms or other designated areas and for designated events or occasions)
Disruption/Obstruction. Obstructing or interfering with teaching, research, administration, disciplinary proceedings, or other University functions or activities. This includes on campus or off campus functions and also includes authorized non-University activities occurring on campus
Gambling on campus
Bribery, or receiving of a bribe, or any other form of enticement meant to give or obtain favor or advantage illegitimately or unfairly, whether attempted, frustrated, or consummated
Hazing and/or Abusive Affiliation. Any act, whether on or off campus, which endangers the mental or physical health or safety of a student, or which encourages or leads to conduct that otherwise violates the Code or CSU policies, or which a reasonable person would perceive is purposefully demeaning or humiliating to the students who are the object of the conduct, or which destroys or removes public or private property, for the purpose of membership in, affiliation with, and/or association with a group, including pressuring students to engage in hazing conduct. Consent of the participants or objects of the hazing conduct is not a defense to a charge of hazing. The individual student(s) conducting the hazing, the group(s) associated with the hazing, the group’s leadership, or others with knowledge of the planning of hazing activity and who do not notify the Director for Student Affairs and Services may all face sanctions under the Code. Students should also be aware that Philippine law also criminalizes hazing, as defined in Republic Act 8049
Unauthorized Use of the Caraga State University Name or Logo
Restricting and/or preventing the distribution/circulation of a recognized student publication
Disregarding the Code of Student Conduct by repeatedly failing to carry out, or acting in gross negligence of the student responsibilities, and/or frequently committing offenses
Abuse of the University Code of Student Conduct, including but not limited to:

failure to appear before Committee on Student Discipline or University official when requested;
falsifying, distorting, withholding, or misrepresenting information before the Committee on Student Discipline or University official;
disruption of or interference with the orderly conduct of a Committee on Student Discipline proceeding;
knowingly instituting the Committee on Student Discipline without causes
attempting to discourage an individual’s proper participation in or use of the Committee on Student Discipline
attempting to influence the impartiality of a witness, student participant, University official, or member of the Committee on Student Discipline in connection with a Committee proceeding;
harassment and/or intimidation (verbal or physical or electronic) of a University Official or member of the Committee on Student Discipline or witness before, during, or after a Committee proceeding;
influencing or attempting to influence another person to abuse the Committee on Student Discipline

10. Violations of Published University Policies, Rules or Regulations, and Agreements. Including but not limited to the rules and regulations of the university student dormitories, the accredited off-campus student housing facilities, the university Library and its facilities, student centers, gymnasium, audio-visual rooms, and other similar facilities

11. Frequently abusing rules and regulations of the University, Colleges, Departments, or Administrative units

12. Failure to fulfill sanctions imposed or intentional disregard or defiance of a penalty or a punishment enforced by the OSAS, by the Committee on Student Discipline or by other pertinent authority

13. Perpetrating, inside the University premises and/or during a College or University function, any acts regarded as crimes under the laws of the land

14. Perpetrating acts outside the University premises which affect the good name, order or welfare of the University or have direct and immediate effect on the discipline, morale, or general welfare of the University, especially acts regarded as crimes under the laws of the land of which the person has been formally accused or found guilty

15. Getting unreasonable advantage over others for personal benefit by dishonest means

16. Abetting a fellow student in the violation of the Code of Student Conduct

17. Violating University policies and measures implemented against the use, possession, and distribution of dangerous drugs

18. Unreasonable and excessively repetitive and/or willful failure to comply with official directives issued by the University, Colleges, administrative offices and/or academic departments

19. Failure to carry out the student responsibilities

V. Offenses Involving Dishonesty

Falsification of Records; Giving False Information; Use of False Identification. Altering, tampering, forging, or knowingly using falsified documents or records (including Rice parking permits and identification cards as well as false or fictitious state-issued identification); being party to falsification; giving or providing false statements, written or oral, and/or providing false information during any university proceeding or to any university administrator or official, using false identification or identification that is not one’s own to deceive university officials, including university police.
Any form of dishonesty perpetrated under any circumstances of an academic exercise. This includes but is not limited to:

Dishonest behavior during examinations or tests. Dishonest behavior is apparent by but not restricted to:

a.    Talking
b.    Whispering
c.     Making unnecessary noise
d.    Calling the attention of others; looking at the papers of others
e.    Making one’s test paper visible to others
f.     Possession, or presence attributed to the person, and/or use of unauthorized notes or of any materials or equipment that may have relevance or usefulness to the subject of an ongoing examination, or that may be used in a dishonest act related to the examination

Plagiarism

Fabrication or submission of falsified data, information, citation, source/s, or results in an academic exercise

Deception or providing false information to the teacher regarding a formal academic activity or requirement, for example, providing a false reason for failure to meet a deadline, or falsely claiming to have submitted work

3.    Tampering with and/or falsifying school or public documents and/or communication,including those in official administrative, departmental and organizational bulletin boards, whether physical or electronic
4.    Illegally obtaining or gaining access to and/or using restricted school documents
5.    Committing any form of misrepresentation

VI.        Offenses Against Public Morals

1.    Accessing, possessing, retrieving, or distributing pornographic materials on campus, whether in physical or electronic form
2.    Disorderly Conduct
            Disorderly, Lewd, or Indecent Conduct; Breach of Peace
3.    Moral decadence, defined as gross disregard of moral values and standards expected of a human being while engaging in some activity or in committing of a violation

D.   Procedures

The procedures used in the Committee on Student Discipline or Office of Student Affairs and Services’ summary proceedings or before a University official are not those used in court cases and are not intended to create contractual rights, including any rights to due process as that phrase is used in courts of law. Formal rules of evidence and jurisprudence do not apply. The Procedures under this Code are not adversarial processes but rather procedures for determining the facts regarding a charge and arriving at a fair and informed resolution of a charge.

As in the additional note in the preceeding discussion, CSU Main and CSU Campuses shall use the same procedures, except that nomenclature of official designations may slightly differ as they are applied in the two campuses. For example, the Director for Student Affairs and Services in the Main Campus shall be equivalent to the Head for Student Affairs and Services in the Cabadbaran Campus. The same shall apply with respect to the VP or Head of the Academic Affairs in both campuses.

I. The Constitution of the Committee on Student Discipline

There shall be a Caraga State University Committee on Student Discipline which shall be composed of three (3) senior faculty members (except those designated as Directors, Deans, or Vice Presidents) who shall be appointed by the University President upon the recommendation of the Director for Student Affairs and Services and due endorsement by the Vice President for Academic Affairs for a term of one (1) year.

The Director for Student Affairs and Services and the President of the Central Student Government and/or the President of the Federation of Central Student Government shall also sit as members of the Committee on Student Discipline without voting rights.

The Vice President for Academic Affairs shall be the exercise supervision on the Committee on Student Discipline.

II. Jurisdiction of Student Discipline Matters

All matters concerning student discipline shall fall within the authority of the Office of Student Affairs and Services (OSAS). All instances of disciplinary matters must be filed at the Office of the Director for OSAS.

1.    Filing a Complaint
a.    Any member of the Caraga State University community may directly file a formal written complaint against a student at the Office of the Director for Student Affairs and Services. The OSAS may also file a formal written complaint against a student on behalf of non-members of the Caraga State University.
b.    ¬The formal written complaint shall state the nature and the circumstances of the offense. Any evidence or other materials relevant to the case should be included in the report.
c.     ¬The OSAS Director shall review all instances of reported violations and shall transmit cases probably involving major violations to the Committee on Student Discipline for inquiry and investigation.

2.    Due Process in Minor Offenses
a.    The OSAS Director shall decide on all cases considered as minor. The decision shall be based on considerable verification of facts.
b.    Minor violations shall also have a summary proceeding.
c.     An appeal to the decision of the OSAS Director may be filed in writing before the Committee on Student Discipline.

3.    Due Process in Major Offenses
      The right of a student to due process should be guaranteed at all times, therefore, the following procedures shall be adopted in the investigation and settlement of major violations:
a.    A written complaint report shall be filed at the OSAS.
b.    The OSAS Director shall advise the student concerned through a Complaint Notice.
                             i.        The Complaint Notice shall have as an attachment a copy of the formal written complaint.
                            ii.        The student shall be required to submit a statement to answer the complaint, including relevant materials to support the statement.
                          iii.        The student shall be given one (1) calendar week starting on the date of receipt of the Complaint Notice to prepare these materials.
                           iv.        Failure of the student to submit such relevant documents shall be assumed that he/she chooses to waive his/her rights to present the case as requested.

c. The OSAS shall interview the individuals involved and shall initiate any supplementary inquiry necessary to ensure complete verification of the facts.

d. The OSAS shall evaluate the seriousness of the offense based on the evidence and decide whether the case constitutes a major or a minor offense. If the case concerns a potential major violation, it shall be dispatched to the Committee on Student Discipline for scrutiny and deliberation, except fourth and subsequent violations of the ID, parking/traffic, dress code, and smoking rules and regulations, which shall be processed, dealt with and deliberated on by the OSAS. The OSAS Director shall submit a report to the Committee on Student Discipline including the formal charges, the facts of the case, the evidence and other relevant materials presented, as well as review of the precedent cases.

e. The OSAS shall send a formal written formal written Charge Notice to the student(s) involved. The Charge Notice shall indicate:

The nature of the possible violation, including the specific section(s) of the Code of Student Conduct possibly violated
The right of the student to due process as declared in the Code of Student Conduct
The right of the student seek counsel.

1. The student accused may ask a faculty member (except those designated as Director, Dean, Vice President), guidance counselor, or a fellow student from the Caraga State University who shall serve as a counsel during the hearing of the case.

2. If the student has no counsel of his/her own choice, then a counsel shall be assigned to represent the accused through the assistance of the CSU Counseling Office

The possible date of the hearing shall not be earlier than one (1) calendar week from the receipt of the Charge Notice.

f.   The Committee on Student Discipline, through the OSAS, may request the presence of the individuals at the hearing as deemed necessary.

g.   The OSAS shall inform the parents or guardian of the student charged before the Committee on Student Discipline.

h.   The Committee on Student Discipline shall convene on the date set for the hearing of the case. Each party shall present his/her testimony, evidence, supporting documents, and witnesses. The Committee on Student Discipline may examine the parties and their witnesses. It shall deliberate on the case and determine the guilt of the student of the offense as charged.

i.   The parent(s) or guardian of the student may witness the presentation of the accused student’s personal testimony during the hearing.

j.   The Committee on Student Discipline shall thereafter submit a formal written report of its findings and recommendations to the Vice President for Academic Affairs (VPAA).
k. The Vice President for Academic Affairs (VPAA) subsequently shall notify the student in writing of his/her decision on the case. The OSAS initiates the implementation of the decision made by the VPAA.

l.   The VPAA’s decision on a student disciplinary case becomes final and executory except when amended or rescinded by a succeeding decision originating from the VPAA or the University President upon consideration of a plea filed by the accused. A student may appeal the decision and/or the penalties of his/her case to the University President in case of dismissal or expulsion from CSU, or to the VPAA in cases of lesser sanctions.

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