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____ Author: Senator Kim Cathleen Mercado AN ORDINANCE CREATING THE STUDENT WELFARE ASSISTANCE TEAM OF THE BULACAN STATE UNIVERSITY SYSTEM, PROMULGATING RULES THEREFOR, AND FOR OTHER PURPOSES Be it in enacted by the Supreme Student Council of the Bulacan State University System in session assembled: Section 1. Short Title. – This Ordinance shall be known as the “SWAT Ordinance of 2011.” Section 2. Purposes. – (1) This Ordinance shall be enacted to install a Student Welfare Assistance Team in the Bulacan State University System. (2) This Ordinance seeks to assist students of the Bulacan State University to air their grievance against any member of the academic community. Grievances are best settled through sincere dialogue and discussion between the parties to a grievance. Formal grievance may be pursued only as a last resort. Section 3. Definition. – For the purposes of this Ordinance, the following 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 the aggrieved party and a member of the academic community as respondent that may be the cause of a complaint. A grievance may be academic or behavioral. An academic grievance is one that arises from any controversy related to learning or to performance in academic courses while a behavioral grievance is one that arises from the 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 regulations to suspend, dismiss or discipline officials and employees in the University. 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 action or complaint before another disciplining authority against the same party 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 Welfare 1
Assistance Team, hereinafter referred to as “SWAT,” in each campus of the Bulacan State University System. (2) For the Malolos Campus , the SWAT shall be chaired by the Chairperson of the Committee on Student Rights and Welfare of the Supreme Student Council, and by two (2) members who are full-time students of the College of Law or of the College of Criminal Justice Education who have completed at least one (1) full year of law or justice education curriculum to be appointed by said Chairperson. The terms of office of such members shall be co-terminus to the term of the Supreme Student Council . (3) For each satellite campus, the SWAT shall be established by the individual 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 such chairperson and members shall be co-terminus to the term of the Local Student Council. Section 5. Powers and Duties of the SWAT. – The SWAT shall assist students in the preparation and filing of complaints with the disciplining authority; designate student-counsels to assist complainants; ensure that cases filed against respondents are heard and resolved within the timeframe prescribed by the law and such University rules and regulations; seek the assistance of other offices, which may aid in expediting cases; formulate plans and programs and implement the same with the end-in-view of providing timely and accessible legal advice and services to students; organize campaigns to disseminate information among students regarding the services of the SWAT; and exercise all powers and accomplish all other duties in fulfillment of its mandate. Section 6. SWAT Deputies. – (1) The SWAT shall appoint, from the list of at least three (3) nominees submitted by each Governor, one (1) SWAT Deputy from each college of the entire Bulacan State University System. Said Deputy 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 student currently enrolled in the college wherein he/she is appointed or who shall graduate from the campus on the next academic year prior to the commencement or completion of his/her term. The SWAT shall organize trainings and workshops to equip Deputies with the legal skills and knowledge to faithfully and efficiently carry out their duties. Section 7. Assistance in Filing Complaints. – Students who wish to file a complaint against any member of the academic community shall present a written complaint to the SWAT Deputy who shall, upon appreciation of its merits, transmit the same to the SWAT. Finding the complaint sufficient in form and substance, the SWAT shall assist the complainant in filing the same to the appropriate disciplining authority. In case the disciplining authority proceeds with the investigation and hearing of the case, the SWAT Deputy or any other student assigned by the SWAT shall serve as the legal counsel to the complainant during the duration of said hearing until the resolution of the case.
Section 8. Appreciation of Complaints. – (1) In addition to the form prescribed by the University rules and regulations, a complaint against any member of the academic community shall not be given due course unless it is in writing and subscribed and sworn to by the complainant. (2) No anonymous complaint shall be entertained unless there is obvious truth or merit to the allegations therein or supported by documentary or direct evidence, in which case the person complained of may be required to comment. (3) The complaint should be written in a clear, simple and concise language and in a systematic manner so as to apprise the member of the academic community concerned of the nature and cause of the accusation against him/her and to enable him/her to intelligently prepare his/her defense or answer. (4) The complaint shall contain the following: a. Full name and address of the complainant as well as his/her section and course; b. Full name and address of the person complained of; c. A narration of the relevant and material facts which shows the acts or omissions allegedly committed by member of the academic community concerned; d. Certified true copies of documentary evidence and affidavits of witnesses, if any; and e. Certification or statement of non-forum shopping. (5) In the absence of any one of the aforementioned requirements, the complaint shall be dismissed. Section 9. Withdrawal of the Complaint. – The withdrawal of the complaint does not result in its outright dismissal nor discharge the person complained of from any administrative liability. Where there is obvious truth or merit to the allegation in the complaint or where there is documentary evidence that would tend to prove the guilt of the person complained of, the same should be given due course. In such case, the SWAT shall have full responsibility in expediting the case until the resolution thereof. Section 10. Separability Clause. – If for any reason, any section or provision of this Ordinance is declared illegal or unconstitutional, other sections or provisions hereof, which are not affected thereby, shall continue to be in full force and effect. Section 11. Repealing Clause. – All previous issuances, ordinances, codes, rules and regulations or parts thereof, which are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed or modified accordingly. Section 12. Effectivity. – This Ordinance shall take effect ten (10) days after posting copies thereof in conspicuous places within all campuses of the Bulacan State University System. ENACTED: ___________.
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