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Draft Ordinance on SWAT

Draft Ordinance on SWAT

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Published by: Kim Cathleen Mercado-Santos on Jul 21, 2011
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07/21/2011

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REPUBLIC OF THE PHILIPPINES}BULACAN STATE UNIVERSITY}SUPREME STUDENT COUNCIL}DRAFT ORDINANCE NO. ____ Author: Senator Kim Cathleen Mercado AN ORDINANCECREATING THE STUDENT WELFARE ASSISTANCE TEAM OF THEBULACAN STATE UNIVERSITY SYSTEM, PROMULGATING RULESTHEREFOR, AND FOR OTHER PURPOSES
 Be it in enacted by the Supreme Student Council of the Bulacan StateUniversity System in session assembled:
Section 1.
 Short Title. –
This Ordinance shall be known as the “SWATOrdinance of 2011.”Section 2.
 Purposes. –
(1) This Ordinance shall be enacted to install aStudent Welfare Assistance Team in the Bulacan State University System.(2) This Ordinance seeks to assist students of the Bulacan StateUniversity to air their grievance against any member of the academiccommunity. Grievances are best settled through sincere dialogue anddiscussion between the parties to a grievance. Formal grievance may bepursued only as a last resort.Section 3.
 Definition.
For the purposes of this Ordinance, thefollowing terms are hereby construed as follows:a.University – shall refer to the “Bulacan State University.” b.Grievance – shall refer to any controversy between a student as theaggrieved party and a member of the academic community asrespondent that may be the cause of a complaint. A grievance may beacademic or behavioral. An academic grievance is one that arisesfrom any controversy related to learning or to performance inacademic courses while a behavioral grievance is one that arises fromthe manner a person conducts himself or herself.c.Disciplining
 
authority –
 
shall refer to the person, tribunal or body duly authorized by the law, and the University rules and regulationsto suspend, dismiss or discipline officials and employees in theUniversity.d.Respondent
 
shall refer to the person who is formally charged by the disciplining authority.e.Forum shopping – shall
 
refer to the filing of an administrative actionor complaint before another disciplining authority against the sameparty involving the same acts or causes of action and relief.Section 4.
Creation of Student Welfare Assistance Team;Composition.
(1) There shall be created an independent Student Welfare1
 
 Assistance Team, hereinafter referred to as “SWAT,” in each campus of theBulacan State University System.(2) For the Malolos Campus , the SWAT shall be chaired by theChairperson of the Committee on Student Rights and Welfare of the SupremeStudent Council, and by two (2) members who are full-time students of theCollege of Law or of the College of Criminal Justice Education who havecompleted at least one (1) full year of law or justice education curriculum to beappointed by said Chairperson. The terms of office of such members shall beco-terminus to the term of the Supreme Student Council .(3) For each satellite campus, the SWAT shall be established by theindividual Local Student Council in this manner: the Local Student Council
en
 
banc
shall appoint a chairperson and two (2) members from the list of at least
 
five (5) nominees drawn up by the Governor. The terms of office of suchchairperson and members shall be co-terminus to the term of the Local StudentCouncil.Section 5.
 Powers and Duties of the SWAT. –
The SWAT shall assiststudents in the preparation and filing of complaints with the discipliningauthority; designate student-counsels to assist complainants; ensure that casesfiled against respondents are heard and resolved within the timeframeprescribed by the law and such University rules and regulations; seek theassistance of other offices, which may aid in expediting cases; formulate plansand programs and implement the same with the end-in-view of providingtimely and accessible legal advice and services to students; organize campaignsto disseminate information among students regarding the services of theSWAT; and exercise all powers and accomplish all other duties in fulfillment of its mandate.Section 6.
 SWAT Deputies. –
(1) The SWAT shall appoint, from thelist of at least three (3) nominees submitted by each Governor, one (1) SWATDeputy from each college of the entire Bulacan State University System. SaidDeputy shall serve as the representative of the SWAT to the college of his/her jurisdiction for a term of one (1) year.(2) No person shall be appointed Deputy unless he/she is a studentcurrently enrolled in the college wherein he/she is appointed or who shallgraduate from the campus on the next academic year prior to thecommencement or completion of his/her term. The SWAT shall organizetrainings and workshops to equip Deputies with the legal skills and knowledgeto faithfully and efficiently carry out their duties.Section 7.
 Assistance in Filing Complaints.
– Students who wish tofile a complaint against any member of the academic community shall present a written complaint to the SWAT Deputy who shall, upon appreciation of itsmerits, transmit the same to the SWAT. Finding the complaint sufficient inform and substance, the SWAT shall assist the complainant in filing the sameto the appropriate disciplining authority. In case the disciplining authority proceeds with the investigation and hearing of the case, the SWAT Deputy orany other student assigned by the SWAT shall serve as the legal counsel to thecomplainant during the duration of said hearing until the resolution of thecase.2

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