Practice question
A university disciplines a student for serious academic misconduct. It gives no notice of the accusation, no meaningful opportunity to answer and no required fair procedure. The university argues that authority over admission and retention makes these omissions irrelevant. Which assessment is sound?
- Academic freedom automatically cures every procedural omission
- The stated autonomy does not eliminate the required procedural safeguards
- No institution may ever discipline academic misconduct
- Every disciplinary proceeding must be replaced by an automatic degree award
- A student must waive every right upon enrollment
Legal references
- 1987 Constitution, Article XIV, Section 5(2) and (3), academic freedom and educational choice: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353
- Ateneo de Manila University v. Capulong, G.R. No. 99327, May 27, 1993, main decision, institutional academic freedom and student discipline: https://lawphil.net/judjuris/juri1993/may1993/gr_99327_1993.html
- University of the Philippines Board of Regents v. Court of Appeals, G.R. No. 134625, August 31, 1999, main decision, withdrawal of fraudulently obtained degree subject to due process: https://lawphil.net/judjuris/juri1999/aug1999/gr_134625_1999.html
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