UP Diliman University Student Councils

Position Paper on the Contentious Provision Prohibiting Freshmen

in their first semester to be accepted into organizations
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The Code of Student Conduct or the Student Code has been in the process of deliberation and
revision for the past five years. Now, at a stage where the important decision to approve this
instrument by the Board of Regents is coming to a close, we, as the University Student Council,
want to ensure that the sentiments of the students, who are major stakeholders, are given the
opportunity to be raised and be heard. After convening an All Leaders Conference and a
subsequent consultation process with over 40 different organizations and local councils, we
respectfully bring before you our stand.

We recognize that the University of the Philippines has the right to issue rules on student discipline
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as it may deem necessary in the furtherance of its academic policies. We likewise recognize the
authority of the UP administration to codify an instrument to reflect such rules and regulations that
will govern student conduct.

However, such right and authority cannot be stretched beyond their constitutional and statutory
limits and should not implicitly go against the avowed purpose of the Student Code with respect to
student organizations.

The right to association is a fundamental right enshrined in our Constitution: Art 3, Section 8. The
right of the people, including those employed in the public and private sectors, to form unions, associations, or societies
for purposes not contrary to law shall not be abridged.
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It is furthermore recognized as a student right, in the Education Act of 1982
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: Section 9. Right of
Students in School - 8. The right to form, establish, join and participate in organizations and
societies recognized by the school to foster their intellectual, cultural, spiritual and physical growth and
development, or to form, establish, join and maintain organizations and societies for purposes not contrary to law.

Finally, the 2012 Draft Code of Student Conduct states in Article I, that The University respects
and upholds the students right of association. The University supports student
organizations and activities as initiatives of students to show their capacity for autonomous
governance and leadership" and in Article IV that the University encourages students to
engage in activities that help them flourish as individuals and as groups.
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1
Section 36, 13(f), UP Charter and the Corporation Code referring to the power of corporations to exercise such other
powers as may be essential or necessary to carry out its purpose or purposes as stated in the articles of incorporation.
2
1987 Constitution, Article III, Bill of Rights
3
BP 232 or the Education Act of 1982
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2012 Draft Code of Student Conduct
If such mandate is to be truly fulfilled, then the University Student Council
cannot support the approval of the 2012 Draft Code of Student Conduct while
there remain provisions that violate the students' basic right to association.

Section IV.1.3.1.d Under Acts of Misconduct of Students and IV.2.2.1.b Under Acts of
Misconduct of Student Organizations

The provision being contested states to wit "Accepting a student who has not completed a one semester
residency in UP Diliman for membership in a registered student organization." This prohibition is a clear
and unjustifiable infringement on an individual's basic and paramount freedom of association.

Subject to the limitation that the purpose of organization shall not be contrary to law, the right to
choose to join an organization is not qualified in the statute and in the Constitution. Neither should
this be the case in the Student Code. Thus, regardless of the extent of one's stay in the University, he
or she should be accorded the freedom to join or not to join an organization.

We do not question that the University thinks only of the best interest of first-year students when it
imposes a ban on their acceptance into organizations before they have completed their first
semester. Based on the discussion during the Board of Regents meeting last June 30, there appeared
to be three main reasons for such a provision: first was the need for a period of adjustment for first-
years, second was the importance of giving a first-year student ample time to survey all the available
organizations before committing to one, and third was the concern regarding the first-years
academic performance. We, in the University Student Council, view the situation in a different light.

First, the University believes that because first-year students will be experiencing a new way of life in
UP, an adjustment period of one semester is necessary before they are allowed to join organizations.
While the point is valid, we should note the fact that the need for adjustment is relative and its
degree of applicability varies per student. It cannot be generalized so as to impose a blanket ban that
covers freshmen or transferees who may have already joined organizations in their previous schools.

Furthermore, this reason by the University discounts the role of organizations in catering to the
well-being of students. As students ourselves, we can attest to how our organizations helped us
adjust to UP life in our first few months as college students and how they eventually helped us grow
holistically, enabling us to carry on the UP brand of leadership. Even in the first semester, we
gained new friends who guided us with unfamiliar school procedures, we had organization libraries
to borrow readings and textbooks from, and we had tambayans to hang out in during our free time.
All in all, this reduced the instances of being lost or clueless during our first semester.

Next, the University asserts the importance of giving the first-year students time to survey all their
options, so to speak, before committing to a single organization. This premise is problematic for it
presupposes that students, once a member of one organization, are barred from joining other types.
This is not the case. To illustrate, throughout a students stay in the University, it is possible, to be a
member of an academic organization, as well as a religious organization, a sports club, and a
fraternity or sorority. On the flipside of the coin, it is also even possible that a student decides never
to join an organization while in UP.

We believe that the UP student is capable of discernment. We should not underestimate the capacity
of a freshman, shiftee, or transferee to choose what path he or she wants to take in this University.
Likewise, we should trust in their ability to exercise the right to association with full consent and
reason.

Instead of imposing a blanket prohibition on accepting freshmen during their first semester, the
University should strongly encourage good recruitment practices on the part of organizations and
students.

Finally, the University emphasizes the importance of ensuring that first-year students focus on their
academics before considering joining organizations. Once again, this discounts the role of
organizations which actually supplement the academic life of a UP student. There are academic
organizations whose goals are precisely to further excellence in their respective disciplines. There are
cause-oriented organizations that instill a sense of service in their members. There are special
interest organizations which provide the much needed out-of-classroom educational experiences and
many more which only serve to add value to a student's stay in the University.

The vague language in the provision may be used to infringe the rights of students.

We also ask the drafters of this Student Code to explain the meaning of the word Accepting.
Being an operative word in the provision, we believe that this term should have been defined in
Article III of the Student Code, or the Definition of Terms. The process of entering into an
organization may vary. Some simply require signing up, while others have an application process that
culminates in an induction ceremony. Yes, we have been told that recruitment by organizations is
not prohibited, and only the swearing in of members is contemplated by the provision. However,
the gray area here is the application process which is distinct even from recruitment for it is a stage of
engagement in an organization that is neither simply invitational nor ultimately binding on the
applicant.

Part of due process means that students and organizations are given the opportunity to know if their
intended acts are punishable by the Code. Unless the term Accepting is clearly defined, then there
is room for interpretation as to the scope of the ban which may be used arbitrarily. The purpose of
this instrument is to guide the conduct of students and organizations but at the end of the day, they
will remain in the dark whether or not they may be sanctioned for acts they wish to pursue


The corresponding sanction of suspension for students and suspension of recognition or
disqualification for student organizations

According to the Code of Student Conduct, the student or organization found guilty of the
aforementioned act may face suspension for a period of 1 semester to 1 year, or with respect to
organizations, suspension or recognition for 1 semester to 5 year, or even disqualification from
recognition for a period of 5 years, with corresponding payment of actual damages.
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The penalty provided is not germane to the purpose of the Code. In Article I, it is stated that This
Code is neither intended to restrict nor unnecessarily limit student activities but rather to

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2012 Draft Code of Student Conduct, Section IV
provide the institutional parameters within which student activities can flourish. The effect
of such grave penalties for students or organizations will result precisely in restricting and
unnecessarily limiting student activities. Stringent rules on recruitment will hinder organizations
from increasing their membership and will make it more difficult to ensure manpower for their
events and projects. Furthermore, the threat of suspension and/or disqualification will serve as a
disincentive for students to organize and can lead to the possibility of stripping long-established
organizations of their recognition. The possibility that an organization will be meted out a 5-year
disqualification from recognition for a third offense is a legitimate threat to the existence of the
organization.

Without such recognition, organizations cannot use the name of the University and cannot enjoy the
use of school facilities, venues, and tambayans. They cannot enter into partnerships with other
organizations or other schools, or avail of financial assistance. The result will be "institutional
parameters" which effectively hinder organizations from accomplishing their respective goals. If we
truly wish to enable the flourishing of student activities, student organizations should be treated as
vital actors in the shaping of UP students' lives and should not be made subject to sanctions that
endanger their very existence.

Classification as "harm to persons"

Finally, the University Student Council questions the placement of the provision Accepting a student
who has not completed a one semester residency in UP Diliman for membership in a registered student
organization" as an Act of Misconduct falling under the section Harm to Persons. Taking the
section as a whole, we see that it includes acts that are either based on existing special laws or are
generally considered contrary to law, public order, or public policy
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. Thus, the causing of disorder,
disrespect, physical or psychological injury, acts of hazing under RA 8049, and acts of sexual
harassment under RA 7877 are covered. Connecting this to the common definition of harm which is
physical or mental damage or injury or something that causes someone or something to be hurt, broken, made less
valuable or successful, etc.
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the rationale is justifiable.

However, we do not see how the mere act of accepting a freshman into an organization during his or
her first semester falls within this general definition of "harm." Unless it is made clear to us how the
act on its face can be deemed to be harmful to persons, then such classification is unjustifiable. The
verdict on whether the recruitment of a freshman is an act harmful to his or her wellbeing should be
decided as the rule is applied or on a case-to-case basis, not through the actual provision, and definitely
not as a premise to warrant a blanket prohibition in the Student Code that violates students' basic
freedoms.

As an institution mandated to protect student's rights and welfare, we, members of the USC, urge
the UP administration to not only review the document but also pursue the necessary adjustments.
The student's autonomy in making decisions, ergo, being affiliated and/or associated with any
organization is a right that he or she should fully enjoy not only outside but also within the
University. Uphold student's rights! Uphold our right to organize!

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Civil Code of the Philippines, Art. 11
7
Merriam-Webster Dictionary