Magna Carta for Students Rights Act of 2008
Ini adalah satu hasil kerja Gerakan Mahasiwa Mansuhkan AUKU untuk menggubal satu akta yang menjaminkan kebebasan dan hak Mahasiswa.
AN ACT PROVIDING FOR MAGNA CARTA FOR STUDENTS of
UNIVERSTY AND UNIVERSITY COLLEGE
- 1. Short Title. –
This Act shall be known as the “Magna Carta for Students Rights Act of 2008”
2. Declaration of policy and guiding principle
Whereas the declaration of policy of the state is to established a system which will satisfy the needs of the nation, to protect and promote the physical, mental, spiritual, intellectual and social well-being of the nation.
And whereas it is considered desirable that regards shall be made that educational institutions includes university and University college, made to promote patriotism and nationalism, encourage critical and creative thinking, inculcate ethical and spiritual values, and to teach the rights and duties of a citizen in Malaysia
And whereas in the event of promoting the rights of all citizens, the state is at liability to promote, regardless of sexual orientation, age, creed, socio-economic status, physical conditions, political or other affiliation to relevant and quality education at all levels.
The state shall protect and be deemed to protect the rights of students to participate actively and effectively in the democratic processes of effecting progress and development changes in society.
The following shall be the basic guiding principles in the development of the society.
a) The educational system shall be the principal institutional mechanism for imparting knowledge and developing talents and skills; and shall be given prior attention is hereby be supported by the government to lead towards quality human capital development.
b) Education is a right and not a mere privilege. It is hereby held to be that the state is bound to provide quality education for all students accessible at all levels.
c) Students councils shall be accepted as the most influential students’ representative. Shall then the student council have the highest expression of the formulation of student power on campus and shall have the right to participate in the formulation of university policies affecting students which give the right to the students council to join the policy meeting of the university.
d) Students organization shall promote intellectual development and dynamism among students and enhance democratic processes;
Shall promote membership and shall promote active participation in student organizations, alliances and federation which protect student’s right and welfare.
The student’s contribution in national development shall be guaranteed by the state and includes University and College University. It is considered that the university shall, and be bound to give financial support.
e) Student organizations shall not be subject to rules and regulations that unduly hamper their activities and are prejudicial to their objectives and interests.
In the event, educational institutions shall promote avenues and means where students are free to express their stand positions on certain policies passed by the educational institutions.
f) Student publications shall serve as the principal medium for free expression, dissemination of information and interaction among the different sectors of the academic community provided that the publication shall not be harmful to the harmonization of the Malaysian community.
g) The promotion and protection of students’ democratic rights shall make them a potential and congenital force in the country’s democratization process.
- 3. Definition of Terms. –
As used in this Act, the following terms shall mean:
“ academic deficiency” means does not fulfill the standard or level of academic performance required by the university;
“Accreditation Board” refers to the board which takes charge of the accreditation of all student organizations in the university or university college
“campus” in relation to a University or University College, means the campus of the University or University College;
“ co-curricular activities” means any activities that provided by the university ;
“editorial staff” means the editorial staff of students publication;
“election” refers to annual campus election of university;
“governing board” means the highest policy making body of the institution compose Board of Director and the Senate;
“ministry” means the ministry that responsible for Higher Education;
“student” means a registered student who is following a course of study on a full time or part time basis in the university;
“student council” means the body representing the whole student population in the university whose officers are annually elected at large by the whole student by way of general election procedure, pursuant to its constitution and by laws, if any;
“student organization” means any associations or groups of student other than student council bound by common ideas, principle, vision and interest and working towards achieving and realizing their goals and aspiration;
“student publication” means publication of thoughts managed and published by student which are autonomous and independent from other sectors of the university;
“ Students’ Right Unit” means a body or unit having responsibilities to monitor, to ensure, to maintain and to protect students’ right in the university;
“University” in this Act shall include university and university college except when a provision explicitly provides vice versa;
“violation of disciplinary rules” violation of disciplinary rules under the university ;
RIGHT TO ADMISSION AND QUALITY EDUCATION
- Admission Subject to No Other Restraint.
1)Subject to fair, reasonable and equitable admission requirements, no student shall be denied admission on account of his/her physical handicap, socio-economic status, political or religious beliefs or membership in student organizations nor shall pregnant student and reformed drug users be discriminated against.
2)Student shall have the right to freely choose their field of study subject to existing curricular, and shall freely continue their course up to graduation except regard of academic deficiency and violation of disciplinary regulations which do not infringe upon student’s right.
3) Failure of or refusal by a student to sign waiver documents prepared by the school administration shall not constitute a ground for his/her non admission.
5. Right to Competent Instruction and Relevant Quality Education.
1) Every student shall have the right to competent instruction and quality education relevant to his/her personal and cultural development and that of the nation.
2) Students shall have the right to make a written evaluation of the performance of their teachers at the middle and toward the end of the university semester.
6. Right to Adequate Welfare Services and Academic Facilities.
1) It shall be the responsibility of the university administration to provide students with adequate welfare services and academic facilities. University authorities shall provide free medical services to students.
2) It shall be the responsibility of the university authorities to provide students with adequate laboratory, library, research, recreation and physical education facilities.
3) It shall be the responsibility of the university administration to promptly notify students concerned of letters and other communications it receives on behalf of students.
RIGHT TO ORGANIZE
7. Right to Organize Among Themselves.
1) A student or a students’ organizations, body or group of students of the university shall in any manner have the right to organize, to form, to assist or to join any society, association, alliance, federation or any other organization, body or group of person whatsoever, whether it is in the university or outside the university, and whether it is in Malaysia or outside Malaysia, as may be provided by or under the Federal Constitution.
2) A student or a students’ organizations, body or group of students of the university shall in any manner have the right of education freedom by joining any society, association, alliance, federation or any other organization, body or group of person whatsoever, whether it is in the university or outside the university, and whether it is in Malaysia or outside Malaysia, as may be provided by or under the Federal Constitution.
3)Any document of the waiver document which state that students are not members of, and will not join as specified organization before be allowed to enroll is hereby prohibited.
8. Student Council/Government.
The State shall ensure the democratic and autonomous existence of a Student Council/Government for each campus which shall be given recommendation by the universities concerned. It shall have its own set of officers chosen from among the students during the election. Every Student Council/Government shall have the right to determine its policies and programmes on student activities subject to its duly ratified Constitution.
1) Student Council/Government is hereby known as Students’ Representative Council (hereinafter referred to as “the SRC”).
2) The registered students of university shall have rights and duties to elect officers of the SRC in the following manner:
(a)The registered students of each Faculty, School, Centre, Academy and Institution shall elect by secret ballot conducted by the Dean of the Faculty or the Head of the School, Centre, Academy or Institute, as the case may be, 2 or more registered students of the respective Faculty, School, Centre, Academy and Institution to be representatives in the SRC.
(b) The registered students as a whole shall elect by secret ballot, such number of students to be representatives to the SRC, being in any case, not more than half of the number of representatives in the SRC.
3) The officers of the SRC shall be elected for the term of one year.
4) The SRC’s decisions shall be made by a majority vote which is not less than two-thirds of the office-bearers of the SRC being present and voting.
5) A student who has not yet appeared for his first examination in the university for his course of studies immediately prior to any proposed election to the SRC or by the SRC or to or by any other student organization or body, shall be disqualified from being elected in such election.
6) Nothing in this section shall preclude any graduate, who is registered as a student for a higher degree or a post-graduate diploma, from becoming an electorate or/and a candidate in the election.
7) A student who has passed academically through at least one academic year of studies in the University.
8) The objects and functions of the SRC shall be –
a) To foster the spirit of corporate life among the students of the University.
b) To supervise, student welfare and facilities in the University including recreational, spiritual and religious activities, and the supply of meals and refreshments
c) To determine its policies and programmes on student activities to be represented on any body which may in accordance with a Rule made by the Board for the purpose, be appointed to undertake student welfare activities in the University, and to undertake such other activities
9) The SRC may maintain any fund or make any collection of any money or property from any source whatsoever.
11) The Treasurer shall keep proper accounts of the SRC and not later than three months after the end of every financial year, being a financial year as specified by the Vice-Chancellor, a copy of the said accounts which shall be audited by a person appointed by the Board shall be submitted by the SRC for approval to the Board
12) The SRC shall hold meetings from time to time as it may deem necessary and it shall be the duty of the Secretary to keep minutes of every meeting of the SRC and such minutes shall be confirmed at a subsequent meeting
13) For the purpose of this section “registered student” means a student who is following a course of study in the University for a Degree or a diploma, not being a post-graduate Diploma, and includes a student who is a holder or a Diploma and its following course of study for a Degree
Provided that a student shall cease to be a registered student within the meaning of this subsection-
(a)upon the publication of the result of the final examination for such course of study, if he passes such examination; or
(b) upon the publication of the result of any examination for such course of study, if he fails such examination, until he is, thereafter, registered again for that or another course of study applicable to a registered student under this subsection.
14) Annual General Meeting
(a)Annual General Meeting ( hereinafter referred to as “AGM”)
(b) The AGM shall be held not later than seven(7) full days before the General Election
(c)Notice of the AGM shall be made known to all members of the Union at least fourteen(14) full days before the AGM
(d) Members who wish to submit proposal, resolution or recommendation shall submit them in writing, five (5) full days before the AGM.
(e)Where for any reason the AGM has to be delayed, notice such delayed shall be given at least two (2) days before such delayed meeting.
(f)Provided that the said delayed meeting shall be held not later than fourteen (14) days after the original date for the AGM.
(g) The quorum of the AGM shall be at least one hundred (100) ordinary members of the Council.
15) Extra-Ordinary Meeting
(a)Extra-Ordinary Meeting(hereinafter in this Constitution referred to as “EGM”)
(b) An Extra-Ordinary General Meeting shall only be held on request, in writing or by at least half of the Excos of the SRC or at least thirty (30) Ordinary Members of Council. All such signatories shall be obliged to present at the AGM
(c)(1) A notice requesting for the EGM shall be submitted Secretary of the SRC seven(7) days in advance
(2) The SRC, shall give the final decision after due consultation with the advisor
(3) The letter requesting for the EGM shall include the matters as listed in the letter shall be discussed
(d) The quorum for the EGM shall be at least one hundred (100) students eligible to vote
9. Student Council Constitution.
The provisions of the Student Government Constitution shall be determined by the members of the Student Council/Government to be ratified by the majority of the entire student population of the concerned university.
10. Accreditation and Granting of Privileges to Student Organizations.
1) No unreasonable requirement shall be imposed on student organizations seeking recognition.
2) There shall be an Accreditation Board on Campus Organizations that shall take charge of the accreditation of all the student organizations in the campus.
It shall be composed of;
a) one (1) representative from a student organization duly elected by the heads of all accredited student organizations in the school, and
b) one (1) representative each from the Student Council/Government, school administration and faculty association.
The Board shall form part of the Student Affairs Department of the university.
3) There shall be no discrimination in the assignment of university facilities and the granting of other privileges to student organizations. The school administration shall provide, free of charge, a space, hall or building to house the offices of the different student organizations within the campus.
4) Whenever possible, the university administration shall allow organizations touse school facilities free of charge and excessive charges shall be prohibited.
11. Formation of the Campus Election Commissioner.
1) There is hereby created a Campus Elections Commissioner which shall conduct and oversee the election of officers of the Student Council/Government. The Student Affairs Office shall choose the members of the Campus Elections Commissioner from among the list of nominees recommended by the Student Council/Government.
2) Once constituted, the Campus Elections Commissioner shall be independent and autonomous from any sector of the university and shall ensure the conduct of clean, honest, democratic and peaceful elections. The university must provide the Campus Elections Commissioner sufficient funds to ensure the success of its goals and objectives.
12. Campus election rules and regulations
The campus election rules and regulation shall deem to be under the control and authority of Campus Election Commissioner. The regulations shall include the following rights:
1) University shall reserve a specific day for election. University authority shall give a leave to students to get full students’ participation without denying their right to elect.
2) The regulation for election shall not be changeable.
3) The election shall be govern and, or monitor by Campus Election Commission.
4) The campaign day must be at least one (1) week but not exceeding than two (2) weeks.
13. Prohibition against the Use of Force, Violence or Intimidation on Members andExaction of Excessive Fees by Student Organizations.
All campus organizations are hereby prohibited from using any form of physical or mental force, violence, threat or intimidation in the recruitment, initiation, or retention and in the conduct of activities of members. All campus organizations are hereby prohibited from exacting excessive fees from its members.
RIGHT TO PARTICIPATE IN POLICY MAKING
14. Participation in Policy-Making Process.
1) As far as practicable and consistent with the school’s incorporation articles, there shall be a student representative in the governing board and other policy-formulating bodies of the school which affect the students’ welfare.
2) The Chairman of the Student Council/Government or any designated representative chosen by the said body shall have the same rights as those of a regular member. Provided, that his/her privileges shall be limited to reimbursements for actual expenses incurred in attending meetings.
3) Representatives of national student organizations shall actively participate in the formulation of national policies affecting students’ rights and welfare.
15. Students’ Initiative and Referendum.
The Student Council/Government through a majority vote of its members shall have the right to initiate the formulation, modification or rejection of a school policy affecting the students. The proposition for the formulation, modification or rejection of a school policy affecting the student shall be submitted to and approved by a majority of the votes casted by all the bona fide students of the school in referendum called for the purposes.
16. Right to File an Appeal.
1) The Student Council/Government through a majority of vote of all its members may file a motion for reconsideration on any decision of any policy-making body subordinate to the governing board. The Student Council/Government through a majority of vote of all its members may file an appeal on a decision of any policy making body subordinate to the governing board. Such appeal shall be filed with the governing board.
2) In cases, where decisions or policies made are rendered unfavorably against the students, the Student Council/Government may file an appeal with the Ministry of Higher Education and in a case where the subsequent result is still unfavorable, with the Prime Minister of the state.
When the above mentioned institution could not uphold tender just and fair decision, the Student Council/Government may offer a referendum to Yang Di Pertuan Agong of the state to commit to set up an independent special commission to hear the appeal.
All motions for reconsideration and appeals referred to in the previous paragraph must be filed within thirty (60) calendar days from the date of notice of decision.
RIGHT TOFREE EXPRESSION AND INFORMATION AND RIGHT TO EDUCATION FREEDOM
17. Right to be informed.
The right of the students to information on matters affecting welfare shall be recognized. Access to official records and other pertinent documents pertaining to official acts, transactions or decisions shall be afforded the students subject only to reasonable regulations that may be imposed such as time for examining the documents and other papers to prevent loss or damage of the same.
18. Freedom of Expression and Giving Opinion.
1) Students shall have the right to reply to freely express their views and opinion. They shall have the right to peaceably assemble and petition the government and university authorities for the redress of their grievances.
2) Students shall have the right to print, circulate and/or mount leaflets, newsletters, posters, wall news, petitions and such other materials considered as student’s publication. Pursuant thereto, the university authorities shall ensure the provision of facilities such as bulletin boards for the mounting of the aforementioned materials.
3) School authorities must designate a certain area on every campus as a freedom park where students can freely discuss issues affecting them.
19. Student Publications.
1)Students and students’ council shall have the right to publish student newspapers and other similar publications, print in their pages materials which they deem in pursuance of their academic freedom of expression. Pursuant thereto, no individual who is not a staff member of the student publication shall determine its content.
2) The role of a faculty adviser in student newspaper shall be limited to technical guidance.
3) The editorial staff shall observe the ethics of professional journalism. It shall be assured of security of tenure in the course ofits prescribed term which provided that the content in the publication does not affect the sensitivity of religion and races in the state.
20 . Rights of Education.
Student’s educational freedom shall consist of, but not limited to, the following rights:
a) to conduct researches in connection with education work and non-education work, and to freely discuss and publish their findings and recommendations;
b) to conduct inquiry within the campus in curricular and extracurricular activities;
c) to choose a field of study and to pursue the quest for truth;
d) to express their opinions on any subject of public or general concern which affects the students or nation at lage;
e) to invite any off-campus speakers or resource persons to students sponsored assembles, forum, symposium, and other activities of similar nature; provided that the person not involve in criminal offence.
f) to express contrary interpretations or dissenting opinions inside and outside the classroom;
g) to participate in the drafting of a new curriculum and in the review or revision of the old curriculum;
h) to participate in the drafting and/or revision of the student handbook which shall include the school rules and regulations, a copy of which shall be furnished to the students upon admission to the school; and
i) To be free from any form of indoctrination leading to impose ideological homogeneity.
2) Students education freedom which has not been mentioned above shall be allowed to exercise, provided it must be under the supervision and discretion of the university authority.
RIGHT TO DUE PROCESS IN DISCIPLINARY PROCEEDINGS
21. Right to Due Process.
1) A student subject to disciplinary proceedings shall have the right to defend himself/herself, to be heard and to present evidence on his/her behalf before an impartial body (represented).
2) There shall be a Student Disciplinary Board to be composed of;
a) one (1) representative from the school administration,
b) two (2) faculty members and
c) two (2) students to conduct investigations into and decide on cases of student violations of disciplinary standards.
3) The blacklisting, expulsion, suspension and other disciplinary sanction that may be taken against a student shall not be valid unless the following rights have been observed and accorded a student:
a). the right to be informed in writing of the nature and cause of the accusation against
b). the right to confront witnesses against him and to full access to the evidence in the
c). the right to defend himself/herself and to be defended by a representative or counsel
of his choice, adequate time being given him for the preparation of his defense;
d). the right to a hearing before the Student Disciplinary Board;
e). the right against self incrimination; and
f). the right to appeal adverse decisions of the Disciplinary Board to the governing
board and ultimately to the appropriate agencies of the government.
g).the decision in any disciplinary proceeding must be rendered on the basis of
relevant and substantial evidence presented at the hearing, or at least contained in
the record and disclosed to the student affected in writing.
4) The deciding body must act on its own independent consideration of the facts of the case. The body, shall, in all controversial questions, render its decision in such a manner that the issues involved and the reasons for any decision are made clear to the student.
5) Disciplinary sanctions shall be corrective rather than punitive or penal in nature. The gravity of disciplinary sanctions must be proportionate to the seriousness of the violation committed.
5) The Office of the Guidance Counselor or any office dealing with student discipline of the respective schools shall publish on a periodic basis acts which are deemed violence of university rules and regulations and the corresponding disciplinary sanctions: Provided, that such rules and regulations do not violate the rights guaranteed here and under the Constitution.
22. Right to be searched and seizures in accordance with substantial procedures.
Each university shall be deemed to follow the substantial procedures to affect the searches and seizures. The procedures shall be dealt with in accordance:
a) Where it appears to a disciplinary authority that a student has committed a disciplinary offence, the disciplinary authority shall proceed with further investigation.
b) The disciplinary authority shall issue a detain order or a summons to the student in whose possession of such property and document prior to the effect of compelling the production. The order or summon may require him to attend and produce it at time and place stated in a summons or order.
c) If it is believe the student to whom such summon or order has been address will not produce the property or document required the disciplinary authority shall then have no right to search and inspect.
d) No police officer or other person shall prevent or discourage by any caution or otherwise any students from making in the cause of investigation any statement which he/she may be disposed to make of his own free will.
e) The making of statement within investigation process that appears to have been caused by any inducement or threat from a person in authority shall be inadmissible as evident. Caution must be administered as to the effect of the words answered or said by the students. A students accused of an offence shall not be bound to answer any questions relating to the case after any such caution has been administered to him.
23. Access to School Records and Issuance of Official Certificate.
Every student shall have access to his/her own school records, the confidentiality of which the school shall maintain. Student shall have the right to be issued official certificates, diplomas, transcript of records, grades, transfer credentials and other similar documents within thirty (30) days from the filing of request and accomplishment of all pertinent requirements.
24. Security of Tenure.
1) It shall be the right of students to finish their entire courses of study in which herein had registered in a given faculty, except in cases of academic deficiency or violation of disciplinary regulations.
2) In cases wherein the school authorities refuse to allow a student to enroll for the subsequent semester/term or year due to the causes hereinabove stated, the student may appeal such ruling to the appropriate education agency.
25. Right on collection of money by student council and authorized organization.
1) Students council or any organization registered with university shall have the right in or outside the campus, in or outside Malaysia to collect or attempt to collect or promote any collection of, or make any appeal orally or in writing or otherwise or attempt to make any such appeal for, any money or other property due or about to fall due or by virtue of any written law, contract or other legal obligation.
2) In case wherein the university or whosoever deny or restrict the particular organization from the application of the provision of subsection, the particular organization shall appeal such ruling to the student rights unit of university.
26. Privacy of Communication.
The privacy of communication and correspondence among students shall remain inviolable.
27. Scholarship Grants and Privileges.
Scholarship grants and privileges shall not be prohibited merely on the ground of gender, social status, religion and idealism. Opposition to university policies inimical to student’s interests shall not be a ground for denying or withdrawing scholarship grants and privileges to deserving students.
28. Right to Adequate and Safe Housing/Dormitory Facilities.
The State and the respective university authorities shall endeavor to provide the students adequate, safe and clean housing facilities.
29. Guarantee of Demilitarized School Campuses.
Except in cases of national or local emergencies, such as war, natural calamities or if the prevailing situation so requires, military detachments may not be installed or maintained in a campus. Military elements and/or policemen in uniform or in plain clothes and school security forces shall not interfere with student activities, particularly peaceful mass action, inside the campus.
RESPONSIBILITIES OF THE STUDENTS
30. Student Responsibilities.
Any student of the university shall have the following responsibilities:
a) To develop their potentials, whether relating to their course of study, or co-curricular activities to the utmost level that they may achieve;
b) To strive for academic excellence and comprehensive excellence;
c) To abide by rules and regulation of the university;
d) To exert utmost efforts towards the realization of the harmonious of service to their families and society; and regulations pertaining to their academic responsibilities; relationship with the rest of the academic community;
e) To participate actively in university’s activities including athletics and ethical affairs for the development of the society and the nation;
f) To uphold, preserve and maintain the good name of their alma mater; and
g) To implement the above mentioned rights responsively.
31. Rules and Regulations.
Within ninety (90) days from the approval of this Act, the Ministry of Higher Education in collaboration with the representatives of student organizations, representatives of university administrations shall promulgate the necessary rules and regulations to implement the provisions of this Act.
32. Administrative Powers.
The ministry shall create a Student’s Right Unit, multi sector body composed of representatives from student council, faculty administration, and any body without any influence from any political interest. The administration and the student body shallmonitor the different university campuses to ensure that the student rights are protected. When there is a final finding of the universities willful and repetitious infringement of student’s right, the body recommend to the proper agency of the ministry measures appropriate to the situation including, when necessary, the suspension or cancellation of its license or permit to operate the university.
33. Effect of inconsistency
All laws, order, rules and regulations or other issuances or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly except the Federal Constitution of Malaysia.
This Act shall take effect upon its approval.
35. Responsibility to Review
This Act shall be reviewed after every 5 years of its implementation by the Students’ Right Unit and must always be made in compliance with the rule of law, the principles of democracy and the existing circumstances.