Reflecting The Law ; New Era for Varsity Students

by SHAD SALEEM FARUQI



The gazetting of the Universities and University Colleges (Amendment) Act ushers in an era of evolutionary changes towards more democratic, vibrant and open campuses.
HIGHER Education Minister Datuk Seri Mohamed Khalid Nordin is to be congratulated for gazetting the Universities and University Colleges (Amendment) Act 2009.



The First Schedule of the Act that deals with the “constitution of universities” requires further legislative and administrative action by the Yang di-Pertuan Agong. But other provisions that relate to students’ rights and responsibilities are now fully in operation.
The Act has sought to enhance students’ constitutional and legal rights and to grant to students better procedural protections. There is a cautious but definite effort to usher in a new and liberal era of student-university relationships.



The ministry is now involved in a nation-wide “road show” to promote legal awareness of the amendments. Hopefully this will promote knowledge as well as inculcate attitudinal changes within the minds of all stakeholders.



The hitherto all-powerful university administrators must now ease the stranglehold they held over all aspects of student life. The student recipients of new entitlements must remember that rights per se have no value. It is what rights are for; it is the sense of responsibility and restraint with which they are exercised that is the mark of a mature mind.



Freedom of association: Exten­sive changes are made to the Act (commonly known as AUKU) to liberalise the law on this student freedom. The Amendment Act removes most restrictions on the rights of students to associate with youth and social organisations.At present students need prior permission to join any organisation outside the university. The amendment to AUKU removes the need for any prior permission. Students are free, individually and in groups, to join any society or organisation (including non-governmental organisations) without any prior clearance from the university authorities.However, this right is still subject to three exceptions. Students are prohibited from joining a political party; an organisation declared by legislation to be unlawful; and any organisation specified by the minister as being unsuitable for student involvement.In naming an “unsuitable” organisation, the minister shall consult the boards of all universities. There shall be uniformity for all universities. The present discretion of individual Student Affairs Departments shall cease to operate. Wide divergence from university to university will cease. Student interaction with politicians and political parties is allowed on academic occasions.Unlike previously, post-graduate students are now entitled to vote, to contest and to provide leadership to their peers.Suspension or dissolution by the Vice-Chancellor of a student organisation must now be preceded by a prior hearing. Appeal to the minister against the VC’s decision is allowed.



Freedom of speech: Students can now make public statements on any academic matter on which they are engaged in study or research. Under the amendments there is permission to indulge in research, comment and criticism on all academic occasions. Students can express themselves freely at seminars and symposiums provided that these seminars are not organised by the three categories of forbidden organisations listed in section 15(5).Students must, of course, note that as with all free speech, the national laws on sedition, defamation, etc, will fully apply on campus as outside the campus.



De-criminalisation of AUKU: Previously, for violation of university laws, criminal penalties were in place. This has been changed. The amendment de-criminalises the Act by removing all criminal penalties and substituting them with disciplinary measures by the University.
Various provisions like sections 15B and 15C that provided for presumptions of guilt, criminal liability even without conviction and collective criminal guilt have been repeal­ed.



No automatic suspension or dismissal: The Act removes the provisions for mandatory, automatic suspension or expulsion of a student who is charged with a criminal offence or who is convicted of an offence, or who is detained or restricted under preventive detention or restricted residence laws.The university is given discretion to handle these cases as it sees fit depending on whether the offence is a serious, “registrable” criminal offence or a minor offence unrelated to academic character.



Fundamental right to education: The new Act recognises that education is a citizen’s fundamental right. Students detained under preventive laws are not automatically dismissed. They may, with the permission of the Home Minister and the permission of the University Senate, take their examination in the detention centre.A student who is acquitted of a charge in a court of law or has served out his sentence or has been released from a detention order, has a right to return to the university and his forced absence cannot be taken into account in calculating the maximum period he is allowed for completing his studies.If student was excluded from a public university he has a right to enroll in a private institution and, with the permission of the minister, in another public university.The university’s right to revoke a degree or a diploma has been greatly narrowed down and subjected to procedural safeguards for the student concerned.



Fairer disciplinary procedures: The Act provides for fairer student disciplinary procedures, right to oral and written representation and right to be represented by others.The minister’s power to dismiss an appeal summarily is repealed. The right to hear student appeals is transferred to the board. Adjudicators now have strict time limits to communicate their decision to the accused.



Participation in governance: The Board of the University shall have a Student Welfare Committee on which two student representatives shall be entitled to sit. The Senate of the University is empowered to invite a student to attend its deliberations.All in all the Universities and University Colleges (Amendment) Act 2009 seeks to promote student rights and dignities and to usher in an era of evolutionary changes towards more democratic, vibrant and open campuses.However, good governance is not in legislation but in fair administration. The provisions of the law need to be backed by necessary psychological and attitudinal changes on the part of all concerned.



> Dr Shad Faruqi is Professor of Law at UiTM. <