Appendix 3

Anti-Violence Pledge Policy

I. Background and Rationale

The Ateneo de Naga University (ADNU) fully understands and respects that the right to association, which emanates from no less the 1987 Philippine Constitution, to wit –

Article II, Section 4:

“No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people to peaceably assemble and petition the government for redress of grievances.”

Article III, Section 8:

“The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged.”(emphasis supplied)

Further, Section 9 (Right of Students in School) of Batas Pambansa Blg. 232 declares that students have the “right to form, establish, join and participate in organizations and societies recognized by the school to foster their intellectual, cultural, spiritual and physical growth and development, or to form, establish, join and maintain organizations and societies for purposes not contrary to law.” (emphasis supplied)

The right to association, while it is well-protected by laws, it needs to be qualified. It is legally recognized for the school to prohibit associations with purpose which are incompatible to the interests of the students, the Mission-Vision statement and policies of the school and the laws. Examples of these prohibited associations are those fraternities, sororities and organizations which violate the Anti-Hazing Law of 2018 (R.A. 11053, formerly R.A. 8049).

The intentions of these legal provisions are encapsulated in ADNU’s College Student Handbook, specifically Letter D (Student Organizations) of Chapter 8 (Code of Conduct), which states that the school does not restrict the establishment of organizations “for purposes not contrary to law and to the ideals of and regulations of the school”(p. 84). As an admonition, the same section in the handbook provides that “membership in an organization which requires or tolerates violence, or affronts to personal dignity in any form or any person merits disciplinary sanction.”

Given the foregoing, the Anti-Violence Pledge Policy reinforces the university’s precondition to student admission or acceptance that, “(b)y enrolling in the Ateneo, the Atenean commits to develop and manifest behaviors consistent with the University Mission and the Profile of the University Graduate (Chapter III – General Regulations, College Student Handbook, Letter A, p. 13)”. Behavior founded on disregard of truth, morals, human rights, and Church and civil law will be grounds for penalties as they are incompatible with the culture of the university community (Letter C, p. 13). One unacceptable behavior is violence, which takes into different forms such as hazing and other violent initiation rites.

By having the students denounce hazing and other forms of violence through a pledge, and by elevating the pledge to a public document, the ADNU community fortifies its collective resolve that violence has no place in the university in specific, and in the society in general. The pledge prevents students to take part in groups and activities that endanger the well-being, dignity and life of human persons.

With the policy in place, ADNU declares more eloquently its unequivocal commitment to advancing the University Mission and forming students in the fashion of the Profile of the Ateneo Student/Graduate. It fully knows that learning and formation can only fully thrive in the university in the absence of violence.

The ADNU firms up its exercise of due diligence for the safety and security of its members, especially the students, and supports its external community in maintaining peace and order. In effect, the university is proactively instilling in the consciousness of potential students the anti-violence school policies, such as the Code of Conduct, Code of Discipline, and the College Policy and System for the Recognition / Accreditation of Student Organizations.

Further, by making the pledge a requirement for student admission, the university is contributing to the full realization of the intents of the country’s laws with anti-violence provisions, namely:

1. The 1987 Philippine Constitution

2. The New Family Code of the Philippines

3. Batas Pambansa 232

4. Manual of Regulations for Private Schools

5. Republic Act 11053 or the Anti-Hazing Law of 2018

6. Others

(The specific salient points in the said legal provisions are explicitly stated in the stipulated agreements of the proposed pledge.)

By notarizing the pledge, the document is elevated from a private document to a public instrument. Its authenticity is enhanced, and its agreements become more enforceable.

II. Objectives

The Ant-Violence Pledge Policy hopes to:

A. Deter students from joining fraternities, sororities and organizations that conduct hazing and other forms of prohibited initiation rites, and violent activities.

B. Inform students of the dangers and consequences of membership or participation in groups or activities that involve hazing and other forms of violence.

C. Secure the students’ commitment to observing the anti-violence policies of the school and laws of the country.

III. Definition of Terms

A. Violence refers to the intentional use of physical force or power, threatened or actual, against oneself, another person, or against a group or community, which either results in or has a high likelihood of resulting in injury, death, psychological harm, maldevelopment, or deprivation. (per World Health Organization)

B. Hazing refers to any act that results in physical or psychological suffering, harm, or injury inflicted on a recruit, neophyte, applicant, or member as part of an initiation rite or practice made as a prerequisite for admission or requirement for continuing membership in a fraternity, sorority, or organization, including, but not limited to, paddling, whipping, beating, branding, forced calisthenics, exposure to the weather, food consumption of any food, liquor, beverage, drug or other substance, or any other brutal treatment or forced physical activity which is likely to adversely affect the physical and psychological health of such recruit, neophyte, applicant, or member. This may also include any activity, intentionally made or otherwise, by one person alone or acting with others, that tends to humiliate or embarrass, degrade, abuse, or endanger, by requiring a recruit, neophyte, applicant, or member to do menial, silly, or foolish acts. (per R.A. 11053)

C. Initiation or Initiation Rites are ceremonies, practices, rituals, or other acts, whether formal or informal, that a person must perform or take part in order to be accepted into a fraternity, sorority, or organization as a dull-fledged member. It includes ceremonies, practices, rituals, and other acts in all stages of membership in a fraternity, sorority, or organization. (per R.A. 11053)

D. Organization refers to an organized body of people which includes, but is not limited to any club, association, group, fraternity and sorority. It includes

IV. Coverage of the Policy

The following units are required to submit the signed Anti-Violence Pledge as part of enrolment or re-admission requirements:

A. New Students, which include Freshmen and Transferees

B. Returning Students / Applicants for Re-admission, which include those who are taking a second course

V. Administration

A. Offices/Persons In-Charge

1. The Office of Student Affairs (OSA) is responsible for the over-all administration of the Anti-Violence Pledge Policy. It will do the coordination with other units for the distribution and collection of the pledge form.

2. The following shall be in-charge of providing the new students and returning students, respectively, the Anti-Violence Pledge form, and receiving the signed form as part of admission and readmission requirements.

a. For new students and transferees - College Ignatian Formation Program (CIFP) Facilitators

b. For returning students - College Admission and Aid Office (CAAO)

B. Policy Orientation and Information Dissemination

1. The OSA shall explain the rationale and procedures during the semestral Orientation Seminar for Freshmen and Transferees, which is organized by the College Guidance Center.

2. The OSA shall likewise conduct a yearly Anti-Violence Seminar or similar activities, and produce materials for the purpose of information dissemination of related school policies and laws (e.g. R.A. 11053) in the university community.

3. The CIFP facilitators and College Admission and Aid office staff shall give instructions to students upon giving the pledge form.

VI. Procedures

A. For CAAO

1. The College Admission and Aid Office (CAAO) shall include the Anti-Violence Pledge as a re-admission requirement for returning students.

2. The CAAO admission staff shall instruct the applicant and his/her parent/authorized guardian to read, understand and, at their own volition, sign the pledge and have it notarized.

3. The CAAO shall submit the signed Anti-Violence Pledge to the enrolment staff of CAAO, following the admission policy and guidelines.

4. After the admission/enrolment period, the CAAO shall forward all signed pledges to the Office of Student Affairs (OSA). The OSA shall then file the signed pledges.

5. The CAAO shall not process any application for readmission that lacks the notarized Anti-Violence Pledge.

B. For CIFP Facilitators

1. The CIFP Facilitators shall distribute the Anti-Violence Pledge to their CIFP 1 students.

2. The deadline of submission shall be determined by OSA.

3. The CAAO admission staff shall instruct the applicant and his/her parent/authorized guardian to read, understand and, at their own volition, sign the pledge and have it notarized.

4. The students shall submit the notarized Anti-Violence Pledge to their respective CIFP 1 facilitators on or before the deadline determined by OSA.

5. The CIFP 1 facilitators shall forward all signed pledges to OSA not later than two weeks after the given deadline. The OSA shall then file the signed pledges.

6. Student who fail to submit the Anti-Violence Pledge shall not be allowed to enroll in the next enrolment.

C. For OSA

1. The OSA shall provide copies of the Anti-Violence Pledge form to CAAO one month before the start of the admission/enrolment schedule every semester and summer, and to CIFP facilitators during the first week of the classes every semester and summer.

2. It shall file and safekeep the notarized pledges.

V. Violations and Penalties

A. Violations

The following are considered violations of this policy shall be subjected to the school’s disciplinary procedures:

1. Membership in any fraternity, sorority or organization, whether or not recognized/accredited by the university, that conducts hazing and/or other initiation rites that involve violence

2. Participation in hazing and/or other initiation rites that involve violence is a grave offense.

3. The other relevant violations as listed in the Anti-Hazing Act of 2018 shall apply.

4. Other forms of violence as may be determined by the school’s disciplinary bodies.

B. Penalties

1. Violation of this policy is considered grave and merits non-readmission, dismissal or expulsion as a disciplinary sanction.

2. The OSA may temporarily suspend the recognition/accreditation of any organization complained to have violated this policy, pending the results of the school’s disciplinary procedures.

3. Any school’s decision which meted out the penalty of non-readmission, dismissal or expulsion shall be reflected on the involved student/s’ scholastic record. (per Section 13 of R.A. 11053)

C. Any ADNU employee involved in the organization and/or the organization’s hazing activity or other forms of violent initiation shall be reported to the Human Resource Management Office for proper investigation and disciplinary proceeding.

VI. Transitory Provisions

1. Upon the approval of the University President, the implementation of the Anti-Violence Pledge Policy shall commence in the first semester of School Year 2019-2020.

2. Parts of this policy shall form part of the College Student Handbook, specifically the General Regulations, Code of Conduct, and Code of Discipline, wherever applicable.

3. This policy shall be reviewed after one year of implementation by OSA, with the help of CAAO, CIFP and other concerned units.

ANTI-VIOLENCE PLEDGE

I, ____________________________________________(Name), _____________________(Nationality), ____________years of age, applying to be admitted/re-admitted to the Ateneo de Naga University, in the _______________________ degree program, College of ___________________________________, born on ____________________________________________, and with residence and postal address at ____________________________________________________________________________________, from (Last School Attended) __________________________________________________________, hereby declare that:

1. I am not a member of any fraternity, sorority or organization that uses hazing as an initiation or practice, as a prerequisite for admission into membership and/or for continued membership, inflicts physical or psychological suffering, harm, or injury upon a recruit, neophyte, applicant or member.

2. Once admitted as a student of Ateneo de Naga University (hereinafter called the UNIVERSITY), I will not join or participate in any fraternity, sorority or organization that conducts hazing or other forms of initiation that involve violence.

Further, I acknowledge and understand that:

1. The UNIVERSITY is expected to promote the Constitution’s desire to “build a just and humane society (Preamble, 1987 Philippine Constitution), and to value the “dignity of every human person and full respect for human rights”, promote and protect the physical, moral, spiritual, intellectual, and social well-being of the youth, and promote total human liberation and development.” (Declaration of Principles, 1987 Philippine Constitution)

2. The UNIVERSITY, accorded with special parental authority by the Family Code, has the right and duty to provide students with moral and spiritual guidance, inculcate in them honesty, integrity, self-discipline, self-reliance, industry, thrust, stimulate their interest in civic affairs, and inspire them in compliance with duties of citizenship; and furnish them with good and wholesome educational materials, supervise their activities, reaction and association with others, protect them from bad company and prevent them from acquiring habits detrimental to their health, studies and morals. (Articles 218, 220, The New Family Code of the Philippines)

3. The UNIVERSITY has the authority to maintain good school discipline inside the school campus as well as outside the school premises to prevent the breakdown (Section 74, Manual of Regulations for Private Schools), develop and maintain a healthy school atmosphere conducive to the promotion and preservation of academic freedom and effective teaching and learning, and to progressive school-personnel relationship. (Section 17, Batas Pambansa 232)

4. The UNIVERSITY recognizes the students’ right to form, establish, join and participate in organizations and societies RECOGNIZED by the school to foster their intellectual, cultural, spiritual and physical growth and development, or to form, establish, join, maintain organizations and societies for purposes NOT contrary to law (BP 232 Section 9 [8]) and NOT contrary to the University Mission.

5. The UNIVERSITY has the duty to take proactive steps to protect its students from the dangers of membership in organizations and activities that involve hazing. (Section 8, Anti-Hazing Act of 2018)

6. My admission to the UNIVERSITY is a privilege and not a right and is discretionary upon the school (227 SCRA 591), and the University has the right to impose rules and regulations for the admission of students (G.R. No. 90063, 12 December 1989).

7. My continued stay in the University is subject to my compliance with the prescribed discipline policies, rules and regulations of the UNIVERSITY.

8. The Code of Discipline of the UNIVERSITY provides discipline necessary for the attainment of the University Mission. It addresses the behavior of students in and outside the campus. No student may belong to a group or organization which uses violence as means of initiation or of group expression, or which disrespects the rights and dignity of human persons, whether members or not, on or off-campus. Membership in such groups or organizations is incompatible with membership in the UNIVERSITY. (Code of Discipline, College Student Handbook)

9. The UNIVERSITY can dismiss or expel me if I would be found having violated the conditions to this affidavit as well as having falsely verified any information stated herein, in accordance with the school’s disciplinary procedures. (222 SCRA 644, 648, Section 17, Manual of Regulations for Private Schools; Code of Discipline, ADNU College Student Handbook).

I am making this pledge as a prerequisite of my admission as a student of the University, and for whatever legal purpose this may serve.

_______________________________________________

Signature Over Printed Name of Student

Date:_______________________

Assisted by: ____________________________________________________

Signature Over Printed Name of Parent/Guardian

Date: ______________________