by Jyro B. Trivino
The old adage “ignorance of the law excuses no one” could also be interpreted as waiving of one’s basic rights without knowledge of such. Even in an academic institution, not all administrators are familiar with student’s basic rights, which are protected, guaranteed and entitled to every citizen in our country. These rights are broadly stated in Article III of our constitution to protect a diverse society of people.
Under the four pillars of academic freedom, the school has the right to decide on who may enrol, who may teach, what will be taught and how teaching will be carried out. As an institution, a school also has its own narrowly set of rules and regulations and it is expected that only those who understand and agree with such rules and regulations will enrol in that institution. However, the student’s school rights should not be in conflict with his constitutional rights. This implies that the exercise of student’s rights should not be inconsistent with the rights of the school as an academic institution.
A student has a right to quality education. The constitution promotes this right at all levels of education ensuring its accessibility. Thus, a student should be adequately prepared before proceeding to the next level of learning. To ensure quality of education, faculty and staff must be continuously evaluated for competence and efficiency since the teacher is responsible for the attainment of learning objectives. Students should also be evaluated on their learning competencies, which are based on scholastic performance. Teachers should allow students to view their performance evaluations since students have the right to access their school records. However, if students will not pay the required tuition and fees, private schools may not be able to provide quality education that student can expect.
A student has a right to remain in school. The right of students to freely choose a field of study and continue their course until graduation is stated in Section 9 of Batas Pambansa 232. A student who is admitted for enrolment is entitled to remain in school for a period during which he is expected to complete his chosen course. However, if he violates any of the school’s rules and regulations, the student cannot insist on his residency. Schools are required to maintain order and discipline and, as such, have the right to impose sanctions like exclusion, non-readmission or expulsion on students.
A student has a right to due process. The Supreme Court clearly emphasizes the minimum requirements of due process. A student should be informed in writing on the nature and cause of accusation. He should also be informed of the evidence against him and he has the right to present his evidence. Moreover, he has the right to answer all charges with a counsel’s assistance. However, the absence of a counsel will not invalidate any proceedings since it is enough for the school to merely inform the student of his case. School authorities should also consider the evidence presented in determining the case. The right to cross examine any witness against the student is not necessarily required for disciplinary cases.
A student has a right to form associations for purposes not contrary to law. This right is highlighted both in Article III, Section 8 of our constitution and in Section 9 of Batas Pambansa 232. Therefore, schools cannot prevent students from forming organizations not contrary to law nor prohibit them from joining such organizations because individual liberty is protected. However, if the purpose of the organization is contrary to the school’s mission and vision or if the organization is formed for the purpose of asserting non-preferred right, which contradicts the school’s own preferred rights, this right is waived. Thus, students are still obliged to conform to school regulations in order to maintain order and discipline.
A student has a right to free speech, expression or the press. A student has a right to express his opinions or suggestions and to effective channels of communication with appropriate academic and administrative bodies of the school. Therefore, schools cannot invoke on academic freedom as basis for disciplining students for expressing their views. Our constitution is also clear in upholding and protecting press freedom in schools. This is supported by Republic Act 7079, which promotes campus journalism. On the other hand, it is not proper to assert one’s opinion using obscene, defamatory and fighting words for expression. This right may also be curtailed if physical force, threat, intimidation and destruction are employed. It is also improper for students to assert on their attire if it is contrary to school regulations. As such, schools should have sufficient guidelines on what is prohibited since freedom of expression is not absolute.
A student has a right to choose his religion. A student has a right to express his religious beliefs without discrimination or preference. To avoid conflict, the Department of Education Order No. 53 directed all schools to review policies to ensure religious rights of students are protected. However, freedom of religion cannot be used as an excuse to contravene school policies since upon enrolment, students have voluntarily asserted to abide by the school’s religion.
A student has a right to privacy. The right to be secure in persons, houses, papers and effects against unreasonable searches and seizures of whatever nature and purpose should be inviolable according to the constitution. However, under ordinary circumstances, the search of a student requires reasonable grounds and needs to be supported by evidence that the student has violated school rules and regulations. The search scope should also be reasonably related to the objectives of the nature of infraction. Under the Republic Act 9165 or the Comprehensive Drugs Act of 2002, authorized random drug testing shall be done by the state on students of secondary and tertiary school. Results of such test must only be revealed to the student and his or her parents. The school may also conduct its own drug testing among their students to ensure welfare and safety of students.
A student has a right to confidentiality. The school should maintain and preserve personal records, academic records, birth certificates, adoption papers, medical or guidance reports and disciplinary records. Such information cannot be disclosed to any other party other than the student. However, these records may be obtained only upon lawful order of the court, or when public safety requires otherwise as prescribed by law. On the other hand, unclassified or non-classified records are considered public and do not require assertion of confidentiality. These records include enrolment lists, teaching contracts, statistical records, catalogues and directory of graduates.
Students and school administrators must be aware of all these rights in the conduct to ensure holistic education. These rights are meant to ensure the well being of students as well as the proper operation of schools. However, rights are not absolute and must be subordinated to the common good of society. It must be exercised with caution given that situations may occur differently. In the end, student’s total well being must be developed to ensure not only their success in their profession but also as balanced and responsible citizens.
