Contents

18.0 CONDUCT, RESTRICTION AND DISCIPLINE

The University of the Philippines is a public and secular institution of higher learning and a community of scholars dedicated to the search for the truth and knowledge as well as development of future leaders. The University’s commitment to academic excellence, achieving national development, and social responsibility should guide the actions of its faculty (see University of the Philippines Charter of 2008). These ideals give a deep moral dimension to our activities as faculty members.

Underlying the University’s mandate, regulations, and policies is the idea that moral integrity and ethical behavior should emanate from all members of the University community. Faculty members of the University are not only expected to be outstanding scholars in their respective fields, they ought to also embody the values that the University upholds which, apart from academic freedom and rigorous scholarship, also include honesty, integrity, and openness to change (UPD Faculty Workshop, 6-7 November 2001).

  • 18.1 FACULTY CODE OF ETHICS

    The Faculty Code of Ethics provides guidance for the daily practice and actions as University faculty members (Faculty Code of Ethics, approved at the 63rd UP Diliman UC meeting, 8 December 1998, and adopted at 1128th BOR meeting, 28 January 1999). As teachers and scholars, the University demands from the faculty a commitment to develop future leaders of our country, scholarly excellence, intellectual integrity, and ethical behavior that strengthen UP’s identity as the sole national university of this country (University of the Philippines Charter of 2008). Upholding the virtues of intellectual integrity and ethical behavior nurtures collaboration and collegiality within the community of scholars and inspires trust and confidence from the Filipino people (Faculty Code of Ethics, approved at the 63rd UP Diliman UC meeting, 8 December 1998, and  adopted at the 1128th BOR meeting 28 January 1999).

    Kodigo ng Etikang Pangkaguruan

    Code of Ethics for Faculty Members

    Kami, mga kasaping kaguruan ng Unibersidad ng Pilipinas – taglay  ang pagtitiwala sa tao at pagtuklas ng kaalaman, at buo ang loob sa pakikiisa sa mapagpalayang  propesyon ng edukasyon – ay sumusumpa na:

    With faith in humankind and the quest for knowledge and with commitment to the best in our profession as educators in order to liberate the human spirit, we, the members of the faculty of the University of the Philippines hereby, pledge to:

    I. Una at higit sa lahat, isusulong ang dangal ng Unibersidad ng Pilipinas;

    I. Uphold the honor of the University of the Philippines, first and foremost;

    II. Isasakatuparan ang kagalingan sa pagtuturo, pananaliksik, at serbisyong panlabas at ipag-papatuloy ang gawaing mag-susulong sa aming kaalaman at kahusayan na kaalinsabay ng pamantayang pandaigdig;

    II. Pursue excellence in instruction, research and extension, and work continuously towards advancing our knowledge and skills to a level comparable with the best in the world;

    III. Itataguyod ang tunay na diwa  ng nasyonalismo at marubdob na pagkapit  sa  panlipunang katarungan, kasariang pagkaka-pantay, kapakanang pang-komunidad, at pangangalagang pangkapaligiran;

    III. Promote a strong sense of nationalism and enduring concern for social justice, gender equality, cultural values, community welfare, and protection of the environment;

    IV. Ipagpapatuloy ang katatagan ng kalayaang akademiko sa pag-papatupad ng aming mga gawain at responsibilidad bilang mga guro at iskolar nang may karangalan, katapatan, pagka-malikhain, kawastuhang-asal, pagkakapantay, at taos-pusong paglilingkod;

    IV. Keep academic freedom inviolate in the performance of our roles and responsibilities as teachers and scholars with integrity, honesty, creativity, propriety, fairness, and devotion;

    V. Ipupunla sa kaisipan ng mga mag-aaral ang matinding pag-mamahal sa kaalaman kaugnay ng pagsulong ng kagalingan, katapatang pangkaisipan, at paggalang sa  pagkamakatao;

    V. Instill in our students the passion for learning, the discipline attendant to the pursuit of excellence, intellectual honesty, and respect for the humane;

    VI. Isasabuhay ang pagtutulungan, kasiyahan , at propesyonalismo sa pakikipag-ugnayan sa mga kasamahan;

    VI. Relate with our colleagues in the spirit of cooperation, camaraderie, and professionalism;

    VII. Ipagpapatuloy ang katapatan at pagkakapantay sa pakiki-bahagi sa kasamahan,  mag-aaral, at iba’t-ibang  tao o ahensya sa labas ng Unibersidad;

    VII. Maintain honesty and fairness in our dealings with colleagues, students, and entities outside of the University;

    VIII. Iwawaksi ang mga gawain at interes na salungat sa aming tungkulin bilang mga guro, at taliwas sa interes ng Unibersidad;

    VIII. Reject activities and interests that interfere with our responsibilities as faculty members and conflict with the interests of the University;

    IX. Isusulong ang epektibong pamamalakad at pagpapaunlad sa mga institusyon ng Unibersidad sa pamamagitan ng aktibong pakikilahok, at

    IX. Participate actively in the effective governance and institutional development of the University; and

    X. Tatalima sa mga batas ng bansa at mga probisyon ng Charter ng Unibersidad at Kodigo ng Unibersidad, at alituntuning isinabatas ng mga pinagkatiwalaang awtoridad ng University System.

    X. Abide by the laws of the land and provisions of the Charter of the University and the University Code, as well as the lawful rules and regulations of the duly constituted authorities of the University System.

  • 18.2 RESTRICTIONS

    Rules governing the conduct of the faculty and other members of the academic staff include statements and guides on what they shall and shall not do.  In the case of the latter category, they are classified as “restrictions” in the Revised University Code of the University of the Philippines (Chapter 25: Restrictions, Title Four: Conditions of Employment of the Revised University Code).

    • 18.2.1 Absence without Leave

      An official or employee who is continuously absent without approved leave for at least thirty (30) working days shall be considered on absence without official leave (AWOL) and shall be separated from service or dropped from the rolls without prior notice. However, when it is clear under the obtaining circumstances that the official or employee concerned, has established a scheme to circumvent the rule by incurring substantial absences though less than thirty working days (30) days three times in a semester, such that a pattern is already apparent, dropping from the rolls without notice may likewise be justified (Section 63, Rule XVI of the Omnibus Rules on Leave – CSC MC Nos. 41 and 14, series of 1998 and 1999, respectively; amended through CSC Resolution No. 070631, 10 April 2007).

      If the number of unauthorized absences incurred is less than thirty (30) working days, a written Return-to-Work Order shall be served to the last known address on record. Failure on the part of the employee to report for work within the period stated in the Order shall be a valid ground to drop the employee from the rolls (Section 63, Rule XVI of the Omnibus Rules on Leave (Section 63, Rule XVI of the Omnibus Rules on Leave – CSC MC Nos. 41 and 14, series of 1998 and 1999, respectively; amended through CSC Resolution No. 070631, 10 April 2007).

      Deans, directors, and heads of units shall report to the HRDO the names of employees who have been on AWOL for at least fifteen (15) days. The report must also contain the details on the accountability of the employee concerned and make further recommendations on the status of employment (for reprimand, cutting of salary, filing of charges, etc.) (OC memorandum no. ERR 04-088, 17 August 2004).

    • 18.2.2 Unauthorized Absences in Classes

      Faculty members are expected to meet their classes as scheduled during the semester/term. Vacation leaves may be taken only during the regular vacation periods of the University (Article 225 of the Revised University Code).

      A faculty member may, however, be allowed to go on special detail to attend conferences, seminars and the like, or serve as consultant or resource person, during a semester if the total amount of class missed is not more than twenty percent (20%) of the time for each course being handled during that semester.  The Department Chair and unit head or Dean should see to it that the arrangements for substitute teacher/s or make-up classes are complied with in order to ensure that the students are not short-changed  (EC meeting, 28 July 1993).

      As much as possible, local and international travels should not be scheduled during registration days, the first two (2) weeks of classes, and final examination days (UC meeting, 21 July 2004; OC memorandum ERR 04-064, 28 May 2004).

      Faculty members with administrative load should limit the duration of their special detail to not more than fifteen (15) working days (consecutive or cumulative) per semester (UC meeting, 21 July 2004; OC memorandum ERR 04-064, 28 May 2004).

    • 18.2.3 Change in Class Size and Schedule

      Change in Class Size and Schedule

      1)

      No class shall be divided into sections for either of the following causes:

      • To suit the personal preference of the individual instructors regarding class schedule and classroom, and
      • To enable the instructors to comply with the regulations governing teaching load (Article 317 of the Revised University Code).

      2)

      No faculty member shall postpone the holding of class to any other hour than that officially scheduled nor shall a faculty meet students for class or consultation purposes in any unscheduled room or place except when expressly permitted to do so by the Dean or Director concerned (Article 323 of the Revised University Code).

      3)

      A faculty member who combines, merges, or meets two (2) or more sections as one (1) class shall be credited for teaching one (1) section only (OP memorandum no. 40, 21 July 1992).

      [Refer to Chapter 4 for items on Faculty Load]

    • 18.2.4 Private tutoring

      No member of the faculty shall be permitted to give private lessons to any student enrolled in their college or school and to accept payment therefor without the previous approval of the President (Article 256 of the Revised University Code).

    • 18.2.5 Acceptance of valuable considerations from students

      No member of the faculty shall have dealings with any student involving money, property, or other valuable considerations, which might have an influence on the scholastic standing of such student in the University System (Article 255 of the Revised University Code).

    • 18.2.6 Unauthorized Use of Unpublished University Information

      No member of the academic staff, official, or employee of the University shall publish or discuss publicly the following:

      (a)

      The proceedings of the Board of Regents meeting/s or its decisions, not yet released for publication, without the written permission of the President (Article 245 of the Revised University Code; amended at 754th BOR meeting, 20 January 1967).

      (b)

      Any information concerning a particular college or school, not released for publication, without the written permission of its Dean or Director and the President (Article 246 of the Revised University Code; amended at 754th BOR meeting, 20 January 1967).

      All information concerning a particular college or school shall be given by its Dean or Director; Provided, That the information may affect the college or school only and not with any other college or school of the University System; Provided, further, That the President may prohibit the publication or the release of any news affecting the University (Article 248 of the Revised University Code).

      The only official document of the proceedings of a University Council meeting is the minutes of the meeting as approved by its members. Transcripts are strictly for internal use in the preparation of official minutes. Neither the transcripts, audio and/or video recordings of any UC meeting may be released, in whole or in parts, unless compelled by subpoena, at which time the UC as a body shall proceed in consultation with a legal counsel (129th UC meeting, 18 November 2013).

    • 18.2.7 Outside Activities

      No member of the University personnel shall engage in outside activities or external engagements without prior authorization from the Chancellor, upon endorsement by the Dean, Director, or head of unit concerned, subject to the exigencies of the service (987th BOR meeting, 24 April 1986).

    • 18.2.8 Conduct of Review Classes for UP Qualifying Exams

      The use of UP’s name in conducting review classes for entrance/qualifying exams administered by UP such as the UPCAT, and the LAE and the use of UP facilities for this purpose are prohibited (1144th BOR meeting, 31 August 2000; amended at the 1215th BOR meeting, 24 November 2006). Advertisements using the UP name may mislead the public who may get the impression that these review classes are sponsored by the University (see 1215th BOR meeting, 24 November 2006).

      No permission will be granted for any participation by the faculty and staff in the conduct of such review classes (OC Memorandum No.  ERR-00-131, 12 September 2000).

    • 18.2.9 Expression of Views that Misrepresent the University

      While the University respects academic freedom, no member of the faculty may claim as their right the privilege of discussing in the classroom topics that are not pertinent to the course of study being pursued.

      It is clearly understood that the University assumes no responsibility for views expressed by members of its academic and non-academic staff; and faculty members themselves should, when necessary, make it clear that they are expressing their personal opinions (from Article 176 of the Revised University Code).

      Furthermore, authors of articles appearing in University publications shall be responsible for the opinions expressed therein (Article 249 of the Revised University Code).

    • 18.2.10 Unauthorized Use of University Name, Brand, and Resources

      (a)

      Faculty organizations

      An organization or association of faculty members, employees and laborers, when authorized, shall submit to the President for approval a copy of its constitution and by-laws and shall be subject to such other conditions as may be prescribed by the President (Article 270 of the Revised University Code; amended at 830th BOR meeting, 22 February 1973).

      (b)

      Professional associations

      As a general rule, members of the faculty as well as the administrative staff may join professional organizations. They shall be guided by the following (OVPA memorandum no. 31, 28 March 2001):

      1. Membership/application fees to these organizations shall not be charged against the funds of the office.
      2. Office supplies, equipment and utilities of the University shall not be used to promote the organization.
      3. Attendance in meetings/conferences of these organizations especially during office hours should have the permission of the head of office/immediate supervisor.
      4. Attendance in conferences and travels/visits abroad should, as much as possible, be rotated among members of the same organization.

       

    • 18.2.11 Unauthorized Foreign Travel

      No faculty member shall be allowed to travel for more than a month without prior clearance from academic responsibilities (821st BOR meeting, 29 June 1972).  Request for travel authority shall be confined to those that are urgent and necessary, with justification clearly spelled out (OC memorandum no. ERR 04-088, 17 August 2004).

      Foreign travel one year prior to compulsory retirement is also not permitted.

      [Refer to Chapter 17 for more details]

  • 18.3 SEXUAL HARASSMENT

    Republic Act 7877, An Act Declaring Sexual Harassment Unlawful in the Employment, Education or Training Environment, and For Other Purposes, also known as Anti-Sexual Harassment Act of 1995, states, among others, that:

    The State shall value the dignity of every individual, enhance the development of its human resources, guarantee full respect for human rights, and uphold the dignity of workers, employees, applicants for employment, students or those undergoing training, instruction or education. Towards this end, all forms of sexual harassment in the employment, education or training environment are hereby declared unlawful (Section 2 of RA 7877).

    Work, education, or training-related sexual harassment is committed by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence, or moral ascendancy over another in a work or training or education environment, demands, requests, or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the object of said Act (Section 3 of RA 7877).

    • 18.3.1 UP Anti-Sexual Harassment Code

      Pursuant to its powers vested by law, the Board of Regents of the University of the Philippines System promulgated the Anti-Sexual Harassment Code within the jurisdiction of the University of the Philippines.

      The University values and upholds the dignity of every individual, and guarantees the full respect for human rights of all members of the UP community.

      All forms of sexual harassment are unacceptable.

      To this end, the University shall maintain an enabling, gender-fair, safe and healthy learning and working environment for the members of the UP community. [1324th UP Board of Regents meeting (26 January 2017)]

      (Refer UP Anti-Sexual Harassment Code, 1324th BOR meeting, 26 January 2017) 

  • 18.4 DISCIPLINARY PROCEDURES

    Any such complaint or charge to any University personnel shall be addressed to the proper authorities of the University for action before resorting to any other remedy available to the complaining party (Article 247 of the Revised University Code).

    No faculty member, official, or employee shall publish or discuss publicly charges or complaints against any other faculty member, official, or employee concerning their official duty or their private life or conduct (Article 247 of the Revised University Code).

    • 18.4.1 Powers of the Chancellor and Deans or Heads of Units with Regard to Discipline of Faculty Members and Other University Personnel

      (a)

      Investigation of academic and administrative personnel disciplinary cases shall be in accordance with regulations of the University System (Executive Order no. 1, Office of the President, UP, 13 March 1984).

      (b)

      Decisions in disciplinary proceedings involving academic and administrative personnel shall be rendered as follows (Executive Order no. 1, Office of the President, UP, 13 March 1984):

      1. In cases involving an administrative employee of a unit, by the Dean or head of principal unit; Provided, That if the penalty imposed is admonition, reprimand, suspension of not more than fifteen (15) days, or a fine not exceeding the compensation for such period, the decision shall be final.
      2. In cases involving academic and administrative personnel of UP Diliman not falling under paragraph 1 above, by the Chancellor; Provided, That if the penalty imposed is suspension for a period of not more than thirty (30) days, or a fine not exceeding the compensation of the employee for such period, the decision shall be final.
      3. In all other cases involving academic and administrative personnel not falling under paragraphs 1 and 2 above, by the President, whose decision shall be final; Provided, That decisions involving dismissal or removal of academic and administrative personnel may be appealed to the BOR.

      For this purpose, Deans and other heads of principal units are authorized to create their own investigating committees. In cases within the jurisdiction of the Chancellor or the President, the Diliman Legal Office (DLO) or Office of the Vice President for Legal Affairs (OVPLA) shall make the investigation (Executive Order no. 1, Office of the President, UP, 13 March 1984).

    • 18.4.2 Ethics Committee

      Academic settlement of cases is done through the University Council Ethics Committee. The Chancellor shall appoint five (5) members from a pool of full professors who will determine whether or not an ethical violation has been committed by a faculty member. (75th UC meeting, 25 July 2001; amended at the 1274th BOR meeting, 27 October 2011).

      • 18.4.2.1 Membership

        The UP Diliman Chancellor shall appoint the five (5) members and they will determine whether or not an ethical violation has been committed by the accused.

        The five-committee members shall be full professors of UP Diliman, with no administrative duties equivalent to more than 50 percent (50%) of their time; and with no pending case nor found guilty of any offense.

        Professors Emeriti may also be appointed as a resource person in the said committee (75th UC meeting, 25 July 2001; amended at the 1274th BOR meeting, 27 October 2011)

      • 18.4.2.2 Functions

        The work of the Ethics Committee shall not be construed as a legal procedure; rather, it should be seen as a peer review of cases brought before the Committee (75th UC meeting, 25 July 2001). The committee thus:

        (a)

        Formulates policies and guidelines on ethical conduct;

        (b)

        Hears cases on intellectual dishonesty, unethical conduct or scientific misconduct;

        (c)

        Makes recommendations on the disposition of cases.

    • 18.4.3 Rules and Regulation on the Disciplines of Faculty Members and Employees

      The policies contained in this Faculty Manual, the Rules and Regulations on the Discipline of Faculty Members and Employees, as approved by the BOR in its 704th meeting on 11 January 1963, and the Revised Rules on Administrative Cases in the Civil Service (CSC Resolution No. 11-01502) shall be consulted in conducting administrative investigations and hearings

      [Download the full Revised Rules on Administrative Cases in the Civil Service (CSC Resolution No. 11-01502) on this webpage: http://web.csc.gov.ph/cscsite2/phocadownload/userupload/paio_guevarra/rraccs.pdf]

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