Part VI. Policies on Grievances and Student Assemblies

A. Grievances

1. Preliminary Matters

1. Definition of Grievance. A grievance as defined in this handbook is any dissatisfaction, complaint, irritation, or misunderstanding (real or imagine) of a student arising from his\her status as a student or his relationship with a faculty member, a non-teaching staff or an administrator within the institution.
2. As befits members in an academic community, grievances against any member of the academic community are best settled through sincere dlialogue and discussion. It is only as a last resort that one must take formal procedures to settle such grievances or resort to student assemblies such as rally, demonstrations, picket, boycotting of classes or similar acts as expression of an opinion or petition for redress of grievances.
3. Informal Grievance/s. Proper communication is absolutely necessary if the academic community is to interact satisfactory. If something goes wrong, those affected should not wait for a crisis situation to appear but should attempt to settle the matter as soon as possible. A grievance made orally is considered informal. An informal grievance shall be settled informally (that is orally). Informal grievances maybe conveyed directly to the party concerned or through the use of an intermediary who maybe any member of the academic community.
4. Formal Grievances. A grievance is considered formal when expressed in writing and duly signed. A formal grievance needs a formal procedure for settlement. Such procedure is outlined under pertinent provisions of this part.
5. If the party concerned does not feel that necessary action on his/her complaint has been taken after the prescribed time, said party shall not be barred to elevate the case to the highest forum.
6. A formal grievance may be filed as follows:

1. By students/class/group of students agains a faculty member.
2. By students/class/group of students against a non-teaching personnel.
3. By students/class/group of students against an administrator.

The provisions of the preceding section shall govern a formal grievance of a faculty member, non-teaching personnel or administrator against a student/class/group of students.

2. Grounds and Procedures for Setting Grievances

1. The same grounds for disciplinary action against Civil Services employees under PD 603 shall be considered grounds for grievances against teaching or non-teaching personnel in this university. This does not prevent, however, any student/group of students to cite other grounds that are reasonable and affecting their studies in this University.
2. Any student/group of students who shall have reasonable grounds for grievances against a teaching and non-teaching personnel of this university may file the necessary complaint following the procedures provided for under PD 603 for filing complaints against Civil Service employee, provided, however, that the com- plaints shall first be coursed through the Student Judicial Council for deliberation before filing it directly with the head of the agency. Any peaceful means to settle the grievances shall be exhausted before filing a formal complaint with the head of the agency in accordance with the procedures referred to under this section.
3. Due process must be observed at all times in a formal grievance procedure without necessarily adhering to legal technicalities to the end that justice is served.
4. Any decision arrived at by the duly constituted body to settle the grievance shall be done in writing copy furnished the parties thereof. Parties not satisfied with the decision may file a motion for reconsideration only once. They are not, however, prevented from resorting to other legal means to redress their grievances if appeal/ motion for reconsideration is denied.
5. Parties in grievance procedure must refrain from attacking each other through mud slinging tactics that disturb the peace and order of the University. Taking revenge at each other whether directly or indirectly shall not be sanctioned at all times.
6. When grievances procedure is on going, no students' assembly intended to sup- port the order party shall be given permit by the authorities of this University. Peace and tranquility must prevail during the settling of the grievances.

3. Sanctions

1. Sanctions that will be imposed should not be unjust; cruel and oppressive. A progressive system of imposing sanctions shall be adopted taking into consideration the gravity of the offense and aggravating, mitigating and alternative circumstances attended thereto.
2. No respondent shall be penalized twice for the same act complaint of.
3. Sanctions may range from warning, reprimand, suspension, transfer or detail or revocation of designated position. Dismissal/termination from service as a sanction shall be the last resort. All sanctions shall be given with utmost objectivity and impartiality to the end that no injustice is committed.

B. Student Assemblies

1. Preliminary Matters

1. Definition of Student Assemblies. As defined in DECS Order No. 61 s. 1985, a student assembly shall mean rally, demonstration, march, parade, procession, convocation, seminar, workshop or any other form of meeting or mass action held by student within the premise of school for such purpose as the discussion of issues, presentation of a cause, expression of any opinion or petition for redress of grievances.
2. As a matter of principle, the University shall uphold the student's right to peaceful assembly and petition the lawful school authorities for redress of their grievances, provided, however, that the exercise of such rights shall be within the bounds of law, public policy and acceptable customs and traditions.
3. The University gives students freedom to allow discussions of ideas and exercise of free speech as long as the exercise does not disturb, prevent of other-wise infringe upon the exercise of other's rights to engage in their respective studies, work or other peaceful and lawful activities. (Ref., DECS No. 61, s. 1985).

2. Procedures in Conducting Student Rallies

1. Student assemblies may be held within the campus or outside of it provided, however, that pertinent provision under this Part on the holding of such assemblies should be adhered to.
2. Application for Holding of Student Assemblies:
1. Before any student assembly is held or announced, written permit must be secured from the Dean of Student Affairs and Services by a sponsoring recognized student organization at least 5 school days before the assembly. The Dean of Student Affairs who shall be given a period of three (3) school days to decide on the permit. The application of a permit must include the following:
1. Name of sponsoring organization;
2. For academic seminars - name and signature of the president of the recognized student organization noted by the adviser;
3. For student mass action - name and signature of the president of the recognized student organization noted by the adviser;
4. Date, time and duration;
5. Place of assembly
6. Estimated number of participants; and
7. Name(s) of invited speaker(s), if any
2. In case of academic seminars, workshops and forums permit is secured from the concerned officials for the use of the school facilities and for the excuse from classes of participants. It must be channeled through the Dean of Student Affairs and Services. It shall be filed not less than (5) school days prior to the holding of proposed activity.
3. If the student mass action within the school campus is for redress or grievances against college authorities or policies, all peaceful urban means in the form of genuine dialogue must have been resorted to prior to the application of a permit for a student assembly. It must be applied to the Dean of Student Affairs and Services not less than five (5) school days prior to the mass action. If the application for a permit is denied, the University officials should inform the application of the reason(s) for the denial. In this case, an appeal for the decision may be forwarded to the president of the University.
3. Conduct of Student Assemblies. Before a permit for mass action or academic student assembly is granted and to ensure a peaceful assembly, the student leader(s) must agree to adopt the following measures:
1. To police the ranks of the participants;
2. To exclude non-bonafide students in the assembly within the University premises;
3. To properly coordinate with the college officials (Dean of Student Affairs and Services, Security Guards, etc.) with regard to the assembly/academic activity;
4. To ensure that no person in the student assembly molests, intimidates or threaten any other person in the college/ community or interferes in the exercise by other of their rights to engage in their respective studies, work or other peaceful and lawful activities;
5. To see to it that the assembly shall end on the date and time stated in the permit;
6. To see to it that the student assembly does not block the gates of the school so as to permit the free entry and exit of students, academic and non-academic personnel;
7. To see to it that no educational functions of the school are in any way disturbed, distracted or interrupted;
8. To see to it that no student under the influence of liquor or prohibited drugs enter the University campus and participate in the assembly;
9. To be accountable to the damage of university facilities due to misuse or abuse as a result of the assembly; and
10. To conduct the student assemblies within the bounds of law, university rules and regulations including the laws on libel and sedition.
4. Creation of a Negotiating Panel. In cases where the student mass action is intended for petition for redress of grievances, the student organization/s sponsoring such mass action shall submit with the application for permit the following:

1. A position paper indicating therein the issues to be discussed, the subject/s of the grievances and proposed remedies/ solutions/ actions to be undertaken by concerned authorities for settlement of the grievance.
2. A structure of the negotiating panel identifying the names of the members therein.
Upon receipt of the above, the Dean of Student Affairs and Services shall refer the matter to the University President for the designation of a negotiating panel. Such panel shall include the Dean of Student Affairs and Services, the Dean/ Department Head where the subject of the grievances is found another member of the Administrative Council or its equivalent. The student organization may suggest the inclusion of a member of the academic community who is acceptable to them as a member of the negotiating panel of the institution.

The negotiating panel of both sides shall strive to settle the grievances filed with utmost objectivity and impartiality to the end that no injustice to either party would be committed. Said panel shall establish rules of procedures in the dialogue held by the negotiating panels earlier than the date of the student mass action.

5. Selection of Arbiter. If a satisfactory solution to both parties is not reached by the procedures provided for under No. 4, then the matter shall be submitted to arbitration at the request of either party to one Arbitrator who is mutually acceptable to the parties. The Arbitrator shall decide on the grievances based on a written report submitted by both parties. In reaching a decision, the Arbitrator shall be guided and shall apply the privileges or equity based on existing laws or arguments (if any), regulations, applicable, jurisprudence, the evidence presented or which may be taken judicial notice.
6. Should the grievances or complaint be not settled by the above procedures only then might either party pursue such other action allowed by law.
7. Student Assemblies held in Public Places. The Public Assembly Act of 1985 and other pertinent laws of the land shall govern activities conducted in public places that include any highway, boulevard, avenue, road, street bridge or other thoroughfare, park, plaza, square, and/or any open space public ownership where the people are allowed access. The following procedures shall be adhered to:
1. A written permit secured from the Office of the Mayor shall be required for any students to organize and hold assembly in a public place;
2. In securing permit, the name of the University must not be used unless permitted in writing by school authorities; and,
3. The application that is in writing shall be filed with the office of the mayor at least five (5) working days before the scheduled public assembly.