Rule No. 4: General Discipline of Student (Date: Amended 31.05.2012)
MULTIMEDIA UNIVERSITY MALAYSIA
Rule No. 4
GENERAL DISCIPLINE OF STUDENTS
(approved by Senate, 24th June 1997)
MULTIMEDIA UNIVERSITY MALAYSIA (DISCIPLINE OF STUDENTS) ARRANGEMENT
OF REGULATIONS
PART 1
1.
2.
PRELIMINARY
Citation
Interpretation
PART II
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
:
:
GENERAL DISCIPLINE
General prohibitions
Attendance during lectures
Attendance for examinations
Conduct during examinations
Restrictions on use of text of lecturer, etc
Control of assemblies
Ownership, possession and use of loudspeaker, etc
Making, using, displaying, owning, etc. of banners, placards, etc
Publications, etc. of documents
Student’s activities outside the University
Student engaging in occupation, etc
Representation pertaining to the University, etc
Deleted
Gaming
Alcoholic beverages
Intoxication
Interaction between unmarried couple
Forms of sexual misconduct
Different genders living in the same residence
Drug and poison
Obscene articles
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Rule No. 4: General Discipline of Student (Date: Amended 31.05.2012)
24.
25.
26.
27.
28.
29.
30.
31.
32.
Cleanliness within the University
Causing of annoying or disturbing noise
Living or sleeping in the University
Entry into prohibited parts of the University
Compliance with instructions, etc
Dress code and general appearance
Political activities
Tobacco products
Admission of non-halal foods in the University
PART III
33.
34.
35.
36.
37.
38.
39.
40.
:
HOSTEL DISCIPLINE
Entering or remaining in a resident student’s room
Obstruction, etc. to entry and carrying out of functions by officers, etc.
Remaining outside hostel at night
Remaining within hostel premises after midnight
Use of hostel premises
Student not to change rooms without prior permission
Resident student to vacate or transfer residence as required by the University
Principal’s power to give orders, instructions or directions as regards to good
order and discipline
PART IV
:
ROAD TRAFFIC DISCIPLINE
41.
Written authorization of students keeping, possessing or owning motor vehicles
in the University
42.
Register of student motor vehicles
43.
Speed limit
44.
Motor vehicles to be driven only on carriageway of road
45.
Driving vehicles on corridors, etc.
46.
Obstructive parking
47.
Used of allotted parking bays
48.
Pillion riding
49.
Traffic directions and signs
50.
Production of driving license and matriculation card on demand
51.
Obstruction of traffic flow
52.
Application of Road Transport Act 1987 within the University
53.
Summary disciplinary punishment by disciplinary authority
PART V
54.
55.
56.
:
DISCIPLINARY PROCEDURE
Deleted
Deleted
Attendance before Student Disciplinary Committee
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Rule No. 4: General Discipline of Student (Date: Amended 31.05.2012)
57.
58.
59.
60.
61.
62.
63.
64.
65.
66.
67.
68.
69.
70.
71.
72.
73.
74.
Consequence of failure to attend before Student Disciplinary Committee
Facts of offense to be explained and plea taken
Plea of guilty and consequential procedure
Procedure for hearing where the student pleads not guilty
Evidence brought by the student
Power of Student Disciplinary Committee to question or recall witness
Pronouncement of decision
Imposition of punishment
Custody and disposal of evidence
Written notes of disciplinary proceeding
Custody of notes
Register of disciplinary proceedings
Notification of disciplinary proceedings to relevant parties
Payment of fine
Consequence of failure to pay fine
Order to pay compensation
Persons who may be present at a disciplinary proceeding
Strict Liability Offence (Procedure)
PART VI
75.
82.
83.
84.
85.
:
APPEALS
Notice of appeal
Right of appeal
Transmission of appeal to President
Appeal to Registrar General
Appeal not to operate as a stay of execution
PART IX
81.
SENTENCING
Disciplinary punishment
PART VII
76.
77.
78.
79.
80.
:
:
GENERAL
Disciplinary authority to take action, even though a court decision has not been
made
Disciplinary liability of office-bearers, etc. of a students’ body or group
Presumptions
Disciplinary offenses
Non-derogation of liability
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Rule No. 4: General Discipline of Student (Date: Amended 31.05.2012)
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Rule No. 4: General Discipline of Student (Date: Amended 31.05.2012)
BY THE POWERS CONFERRED IN THE PRESIDENT IN ACCORDANCE WITH PART VIII
OF THE PRIVATE HIGHER EDUCATIONAL INSTITUTIONS ACT 1996 (ACT 555) and in
exercise of the powers conferred by Section 23 (g) of the Constitution of
Multimedia University Malaysia, NOW THEREFORE, BE IT ENACTED by the
President with the advice and consent of the Student Disciplinary Committee, and
by authority of the same as follows:
PART 1 – PRELIMINARY
1.
This Regulation may be cited as the Multimedia University Malaysia (Discipline of
Students) Regulation Number 4 which shall include other rules and regulations as
per Appendix 1.
2.
In this Regulation, unless the context otherwise requires:
“authorized person” means any person or body of persons duly authorized to act
on behalf of the University;
“President” means the Chief Executive who is the disciplinary authority of the
University under subsection 46(1) of the Principal Act;
“Principal Act” means the Private Higher Educational Institutions Act 1996 (Act
555) including any amendments and / or modifications made thereunder;
“disciplinary authority” means any person or body of persons delegated by the
President with disciplinary functions, powers or duties under section 17(1) of
Multimedia University Constitution;
“dangerous drug” means any drug or substance which is for the time being
comprised in the First Schedule of the Dangerous Drugs Act 1952 (Revised 1980);
“Dean” means Head of Faculties, Schools, or Institutes;
“disciplinary offense” means a disciplinary offense under this Regulation;
“disciplinary proceeding” means a disciplinary proceeding under this Regulation;
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Rule No. 4: General Discipline of Student (Date: Amended 31.05.2012)
“disciplinary room” means a room allocated for the purpose of the conduct of
disciplinary proceeding;
“gaming” means the playing of any game of chance, or of mixed chance and skill,
for money or money’s worth, and includes the playing of any game specified in
Column I of the First and Second Schedule of the Common Gaming Houses Act
1953 and the playing or operation of any gaming machine;
“he”, “him”, “himself” or “his” refers to members of both genders, whichever
applicable;
“hostel” means any accommodation, provided by the University for the residence
of the student;
“lecturer” means any person who carries out any academic functions in relation to
the imparting of education to students of the University;
“motor vehicle” means a vehicle of any description, propelled by means of
mechanism contained with in itself, and constructed or adapted so as to be
capable of being used on roads, and includes a trailer;
“officer” means a person holding any office in the University, or in any body
which is an authority of the University, whether such office is voluntary or for
remuneration or otherwise;
“parking” means the bringing of a motor vehicle to a stationary position and
causing it to wait for any purpose other than that of immediately taking up or
setting down persons, goods or luggage;
“Principal” means the authorized person in charge of a hostel and includes
assistant principal;
“poison” means any substance specified by name in the first column of the
Poisons List of the Poison Ordinance 1952, and includes any preparation,
solution, compound, mixture or natural substance containing such substances;
“Registrar General” means the Registrar General of Private Higher Educational
Institutions appointed under subsection 3(1) of Principal Act;
“resident student” means a student residing in a hostel;
“scholarship student” means any student who is studying on a scholarship,
bursary, loan, sponsorship, leave with or without pay, or on grant of any other
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Rule No. 4: General Discipline of Student (Date: Amended 31.05.2012)
facility, from any government, institution, statutory authority, commercial or
business organization, or other body;
“staff” means any employee of the University;
“strict liability offense” means an offense committed without the necessity of
proving the accused had the intention of committing it;
“student” means a registered student, other than a student at an institution allied
to the University, who is following a course of study, instruction, training or
research of any description at the certificate, diploma, under-graduate, postgraduate or post-doctoral level on a full time or part-time basis in, by or from the
University and includes a distance-learning, off-campus, exchange and nongraduating student;
“Student Disciplinary Committee” means the committee appointed by the
President to preside over the hearing of a disciplinary proceeding;
“Supplementary Act” means the Private Higher Educational Institutions
(Amendment) Act 2009 (Act A1352);
“traffic direction” means any order, direction or instruction given by sign, mark or
device erected or provided on or near a road for the information, guidance or
direction of persons using the road;
“traffic sign” includes any signal, warning sign post, direction post, sign, mark or
device erected or provided on or near a road for the information, guidance or
direction of persons using the road;
“University” means Multimedia University;
“vehicle” means a structure capable of moving or being moved or used for the
conveyance of any person or thing, and which maintains contact with the ground
when in motion.
PART II – GENERAL DISCIPLINE
3.
A student shall not:
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Rule No. 4: General Discipline of Student (Date: Amended 31.05.2012)
a)
conduct himself, whether within or outside of the University in any manner
which is detrimental or prejudicial to the interest, well-being or good name
of the University, or to the interest, well-being or good name of any of the
student, staff or officer of the University, or to public order, safety or security,
or to morality, decency or discipline;
b)
violate any provision of any written law, whether within or outside the
University;
c)
disrupt or in any manner interfere with, or cause to be disrupted, or in any
manner interfered with any teaching, study, research, administrative work or
any activity carried out by or under the direction of, or with the permission of
the University, or commit any act which may cause such disruption or
interference;
d)
prevent, obstruct, or interfere with, or cause to be prevented, obstructed or
interfered with, any officer or staff of the University, or any person acting
under the direction or permission of such officer or staff from carrying out
his work, duty or function, or do any act which may cause such prevention or
obstruction;
e)
prevent or obstruct, or cause to be prevented or obstructed, any student
from attending any lecture, tutorial or class, or from engaging in any
legitimate activity, or do any act which may cause such prevention or
obstruction;
f)
organize, incite or participate in the boycott of any examination, lecture,
tutorial, class, or other legitimate activity carried out by, or under the
direction or with the permission of the University;
g)
damage in any manner, or cause to be damaged in any manner, any
property, or do any act which may cause such damage;
h)
tamper or interfere with, move, or in any manner deal with any substance,
object, article or property, or knowingly do any act or cause any act to be
done in the University, so as to cause or be likely to cause any obstruction,
inconvenience, annoyance, loss or damage to any person or property;
i)
contravene or fail to comply with any rules and regulations as per Appendix
1;
j)
conduct himself, whether within or outside the University in any manner
which is regarded as an act of intimidating behavior towards the staff and/or
student;
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Rule No. 4: General Discipline of Student (Date: Amended 31.05.2012)
k)
falsify and/or alter any documents pertaining to the student’s course of
study.
4.
Where a student is required to attend any lecture, tutorial, class or any other
instructional session/event in relation to his course of study, he shall not be
absent therefrom without the prior permission of the Dean or the lecturer, as the
case may be, unless the circumstances do not permit such prior permission to be
obtained, and there is reasonable cause or excuse for the absence, in which case
the student shall, as soon as possible thereafter, satisfy the Dean or the lecturer,
as the case may be, with regard to the absence, and obtain approval in respect
thereof.
5.
Where the student’s course of study requires his appearance for an examination,
and he is not otherwise debarred from appearing for the examination, he shall
not fail to appear for the examination without the prior permission of the Dean,
unless the circumstances do not permit such prior permission to be obtained and
there is reasonable cause or excuse for the non-appearance, in which case the
student shall, as soon as possible thereafter, satisfy the Dean, with regard to the
absence and obtain approval in respect thereof.
6.
During an examination a student shall not take or attempt to take or use any
book, paper, document, picture, handphone or electronic device except those
authorised by the examiner, into or out of any examination room; or receive or
attempt to receive or in any other manner whatsoever obtain or attempt to
obtain any book, paper, document, picture, handphone or electronic device in
any manner whatsoever from any other person while in the examination room
except for such book, paper, document, picture, handphone or electronic device
or other materials received from the invigilator or authorised by the President on
the recommendation of the examiners or Board of Examiners.
a)
Where a student’s course of study requires his appearance at an examination,
he shall at all times personally appear for such an examination and shall not
obtain or attempt to obtain the services of any other person to appear for
the examination on his behalf or in any other manner whatsoever.
b)
During the course of an examination, a student shall not impersonate or
attempt to impersonate another student and appear for such examination on
behalf of any student other than himself.
Any offence committed under Section 6(a) or 6(b) shall be construed as a
strict liability offence and shall be dealt with in accordance with Section 74.
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Rule No. 4: General Discipline of Student (Date: Amended 31.05.2012)
7.
c)
A student shall not via whatever means, cheat or attempt to cheat or conduct
himself in a manner which can be construed as cheating or attempt to cheat
in an examination, while the examination is in progress.
d)
A student shall not, during an examination, communicate with any other
student during an examination by any means whatsoever.
Subject to Section 7(a), a student shall not use the text of any lecture or
instruction imparted to him in the University, except for the purpose of pursuing
his course of study. In particular, he shall not reproduce in any manner, the whole
or any part of such text, for the purpose of publication, distribution or circulation,
whether for payment or otherwise.
a)
8.
9.
Nothing in this section shall be deemed to restrict the discretion of the
President to permit a student, body or group of students, to make copies of
the text of any such lecture or instruction under the control and direction of
the President, or the Dean, as the President may authorize, and in giving such
permission, the President may impose such terms and conditions as he
deems necessary or expedient subject to the provisions under the Copyright
Act 1987.
No student, body or group of students, shall without the prior permission of the
President, or of a person authorized in writing by the President to grant such
permission, hold, organize, convene or call, or cause to be held, organized,
convened or called, or be in any manner involved in holding, organizing,
convening or calling, any assembly of more than five persons in any part of the
University, or on any land, or in any building belonging to, or under the
possession or control of the University, or used for the purpose for assembly.
a)
In granting the permission referred to in Section 8, the President or the person
authorized by him to grant such permission, may impose such restrictions,
terms or conditions in relation to the proposed assembly as he may deem
necessary or expedient.
b)
No student shall knowingly attend or participate in an assembly held in
contravention of Sections 8 and/ or 8(a).
No student, body or group of students, shall own, or use, or have in his or its
possession, custody or control any loud-speaker, loud-hailer, amplifier or other
similar equipment.
Provided that the President, or person authorized by him in writing, may permit
in writing such equipment to be owned, used or possessed by a student, body or
group of students and subject to the restrictions, terms or conditions as the
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Rule No. 4: General Discipline of Student (Date: Amended 31.05.2012)
President or the person authorized by him may deem necessary or expedient to
impose in granting such permission.
10.
No student, body or group of students, shall:
a)
make or cause to be made, or do any act towards making or causing to be
made; or
b) fly, exhibit, display or in any manner make use of, or cause to be flown,
exhibited, displayed or in any manner made use of; or
c) own or have in his or its possession, custody or control, any flag, banner,
placard, poster, emblem or other device;
which may abet to the promotion of indiscipline, disorder, disobedience or in
contravention of this Regulation.
11.
No student, body or group of students shall publish, distribute or circulate any
document within or outside the University in any form or medium.
Provided that the President, or person authorized by him in writing, may permit
in writing such publication, distribution or circulation of a particular document for
such purposes, and subject to such restrictions, terms or conditions as the
President or the person authorized by him may deem necessary or expedient to
impose in granting such permission. Such permission required under this section
shall be in addition to any license, permit or any other form of authorization
which may be required under any written law.
12.
No student, body or group of students, shall organize, carry out or participate in
any activity outside of the University, except with the prior written permission
from the President, and in due compliance with any restrictions, terms or
conditions which the President, or any other person authorized by him in writing,
may deem necessary or expedient to be imposed.
Such permission required under this section shall be in addition to any license,
permit or any other form of authorization which may be required under any
written law.
13.
No student shall, within or outside the University, engage in any occupation,
employment, business, trade or other activity, whether full time or part-time,
which is in the opinion of the President, or any other person authorized by him in
writing, may be detrimental or prejudicial to the interest, well-being or good
name of the University.
14.
No student, body or group of students shall, in relation to any matter pertaining
to the University, or to its
staff, or other student thereof or to himself as a
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Rule No. 4: General Discipline of Student (Date: Amended 31.05.2012)
student make any representation or other communication whether orally, in
writing or in any other manner, to any public officer, the media, or to the public
in the course of any lecture, speech or public statement, or in the course of any
broadcast by sound, vision, electronic or background media.
15.
Deleted.
16.
No student, body or group of students, will organize, manage, run, or assist in
organizing, managing, running, or participate in any gaming within the University.
17.
No student and/or his visitor shall bring into and/or consume any alcoholic
beverages in the University. Alcoholic beverages include any substance which can
cause, or has the potential to cause intoxication to the person consuming it.
18.
Any student who is found in a state of intoxication caused by consuming any
alcoholic beverages within the University shall be guilty of a disciplinary offense.
19.
Any act or behavior which may raise suspicion as to the real motive of the act
and/or all kind of immoral behavior(s) within the University is not allowed.
“Immoral activities” includes, but not limited to, sexual activities and/or close
proximity with or without the consent of the involved parties. This shall be a strict
liability offense and shall be dealt with in accordance with Section 74.
20.
No student shall engage in any kind of sexual misconduct with any person with
or without the person’s consent, whether within or outside the University,
including, but not limited to rape or other forms of sexual assault, misconduct
and/or harassment as provided under the written law.
21.
No student or group of student of the opposite gender shall reside in the same
residence or accommodation, be it an on campus or off campus residence or
accommodation facilitated by the University.
22.
No student shall have in his possession, under his custody or control any
dangerous drug or poison.
a)
No student shall give, supply, provide or offer, or propose to give, supply,
provide or offer any dangerous drug or poison to any person.
b)
No student shall consume orally, or smoke, or inhale, or introduce into his
body by injection or in any other manner whatsoever, any dangerous drug or
poison. Nothing in this section shall be deemed to prevent a student from
undergoing any treatment by or under the prescription and supervision of a
medical practitioner registered under the Medical Act 1971.
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c)
23.
Any student who is found under the influence of any dangerous drug or
intoxicating substance shall be guilty of a disciplinary offense.
No student shall have in his possession or under his custody or control any
obscene articles in the University.
a)
No student, body or group of student, shall distribute, circulate or exhibit, or
cause to be distributed, circulated or exhibited, or be in any manner
concerned with the distribution, circulation or exhibition of any obscene
article to one or more than one person, for payment or for any other
consideration or without consideration.
b)
No student shall voluntarily view or listen to any obscene article in the
University.
24.
No student shall do anything which may affect the cleanliness and neatness of
any building or structure within the University.
25.
No student shall make any sound or noise, or cause any sound or noise to be
produced in any manner, where such a noise or sound causes or is likely to cause
annoyance or disturbance to any person within the University.
26.
No student shall use or cause to be used any part of the University as a living or
sleeping accommodation, except for the hostel provided to him by the University.
27.
No student shall enter any part of the University which is prohibited to student.
28.
A student shall comply with any legitimate instruction, direction, or requirement
given or made by an authorized person, officer or staff of the University in
accordance to University rules, regulations, processes and procedures.
29.
All students shall observe the dress code guidelines issued by the University from
time to time during official interactions and activities within the University
premises. Any student who fails to comply with the dress code guidelines shall be
forbidden from entering the University premises. The dress code guidelines
include but not limited to:
a)
No student shall wear blouses, t-shirts, singlet, tank tops or any clothing
which bares the shoulders and armpits and/or belly, within the University.
b)
No student shall wear shorts or hot pants or Bermuda shorts within the
University.
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Rule No. 4: General Discipline of Student (Date: Amended 31.05.2012)
30.
c)
No student shall wear any revealing or transparent clothing within the
University.
d)
No student shall wear slippers or flip-flops in all academic and administration
buildings at all times.
e)
No student shall wear skirts that reveal the knees within the University.
No student shall be involved in any political activities, or participate in the
activities of any political parties, or participate in any activities that are political in
nature unless exempted by the Registrar General.
31.
No student shall possess, consume (smoke or chew) or distribute any form of
tobacco products.
32.
No student and/or his visitor shall bring any foods and/or drinks that are nonhalal into the University.
PART III – HOSTEL DISCIPLINE
33.
No person shall enter or remain in a room occupied by a resident student, except
the resident student himself. This is a strict liability offence and shall be dealt in
accordance with Section 74.
This section shall not prohibit the student from entering the room of a resident
student of the same gender for social interaction.
a)
It shall be the duty and responsibility of a resident student to ensure that the
restriction in Section 33 is strictly observed in respect of the room occupied
by him. This is a strict liability offence and shall be dealt in accordance with
Section 74.
34.
No resident student shall obstruct, impede or prevent an authorized person,
officer, or staff of the University from entering the resident student’s room and
carrying out his functions, duties or responsibilities therein.
35
No resident student shall, after midnight remains outside the hostel premises
except with permission given by or on behalf of the Principal.
36.
Non-resident student shall not remain, after midnight within the hostel premises
except with permission given by or on behalf of the Principal.
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Rule No. 4: General Discipline of Student (Date: Amended 31.05.2012)
37.
A student shall use the hostel premises and facilities with proper care and shall
not do anything which disfigures, defaces or causes damage to any part of the
grounds or building or to any articles or fixtures therein.
a)
A student shall, in using the hostel premises and the facilities therein, take all
care to ensure that he does not cause any inconvenience, annoyance,
obstruction or nuisance to any other resident student.
38.
No resident student shall change his residence to any other room without the
prior written permission by the University.
39.
The University has the absolute discretion to require a resident student to vacate
his residence, or to transfer his residence to a different room or hostel provided
by the University at any time without assigning any reason whatsoever.
a)
40.
Where a resident student is required under Section 39 to vacate or transfer
his residence, he shall do so within the time given by the University, and shall
within that time remove all his belongings from the residence which he is to
vacate, or transfer.
A resident student shall comply with any legitimate instruction, direction, or
requirement given or made by the Principal or any other person authorized by
him.
PART IV – ROAD TRAFFIC DISCIPLINE
41.
42.
A student intending to keep, have in his possession or own any motor vehicle in
the University shall apply and obtain a written authorization and such application
shall be in a form as the University may determine.
a)
The written authorization given by the University shall at all times be
displayed on the motor vehicle.
b)
The President has the right to refuse to grant authorization under this
section, or to revoke any authorization granted under this section if he is
convinced that it would not be in the interest of the University for the
student to hold such authorization.
There is cause to maintain a register of all motor vehicles kept, possessed or
owned by students in the University in such form as the President may deem fit.
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Rule No. 4: General Discipline of Student (Date: Amended 31.05.2012)
43.
No student shall drive a motor vehicle in the University at a speed in excess of
that indicated by the traffic signs. This is a strict liability offense and shall be dealt
with in accordance with Section 74.
44.
No student shall drive a motor vehicle on any place other than on that part of the
road which is used for the passage of motor vehicle; in particular, on the
pavement, grass verge, or footpath which is not ordinarily intended or specifically
provided for the passage of motor vehicles within the University. This is a strict
liability offense and shall be dealt with in accordance with Section 74.
45.
No student shall drive or ride any vehicle on any corridor, verandah, five-foot
way, courtyard or in any part of the building within the University. This is a strict
liability offense and shall be dealt in accordance with Section 74.
46.
No student shall park any motor vehicle at any place or in any manner; so as to
cause danger, obstruction or inconvenience to any other person. All motor
vehicle shall be parked at the allocated parking lots.
47.
No student shall park a different motor vehicle in a parking bay which is allotted
for a particular motor vehicle.
48.
A student riding a two-wheeled motorcycle shall not carry more than one person
on the motorcycle.
a)
No student shall carry a person on a two-wheeled motorcycle unless such
person is sitting astride the motorcycle behind the driver on a properly
designed seat securely fixed to the motorcycle.
b)
A student shall not allow himself to be carried on a two-wheeled motorcycle
ridden by any person, whether a student or not, in contravention of Sections
48 and 48(a).
49.
A student shall comply with all traffic direction and traffic signs in the University.
This is a strict liability offense and shall be dealt in accordance with Section 74.
50.
Any student who is driving, or is in charge or control of vehicle shall carry with
him a valid driving license issued to him under the Road Transport Act 1987
including any amendments or modifications made thereof, and his matriculation
card, and shall produce the same for inspection by an authorized person when
required to do so.
51.
A student shall not conduct himself in any manner or do any act, which obstructs
or interferes with the smooth and orderly movement of traffic within the
University.
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Rule No. 4: General Discipline of Student (Date: Amended 31.05.2012)
52.
The provisions of the Road Transport Act 1987 and all subsidiary legislations
made thereunder shall apply to the students within the University, as if the roads
within the University are Gazette public roads, and the offenses under the said
Act and the subsidiary legislations made thereunder are disciplinary offenses in
relation to the students and punishable as such, and every student shall
accordingly comply with such provisions within the University.
a)
53.
Nothing in Section 52 shall derogate from the liability within the University of
any student for any offense under the Road Transport Act 1987 or any
subsidiary legislation made thereunder.
The disciplinary authority may at its discretion, in lieu of taking disciplinary
proceedings under Part V, impose a summary disciplinary punishment of a
reprimand, or a fine not exceeding one hundred Ringgit Malaysia upon any
student who commits a disciplinary offense under this Part in the presence of, or
within the sight of such disciplinary authority.
Provided that before such punishment is imposed on the student, the disciplinary
authority shall inform him of the disciplinary offense committed by him and give
him, the opportunity to make, on the spot, oral representations thereon to such
disciplinary authority.
a)
Upon imposition of the punishment referred to in Section 53, the disciplinary
authority shall forthwith deliver to the student a written notice of such
imposition in such form as the President may direct.
PART V – DISCIPLINARY PROCEDURE
54.
Deleted
55.
Deleted
56.
Where it appears to the Student Disciplinary Committee that a student has
committed a disciplinary offense, the Student Disciplinary Committee shall either
orally or in writing, require the student to attend before it at such disciplinary
room, on such date, and at such time as it may specify.
57.
Where a student fails to attend before the Student Disciplinary Committee in
accordance with a requirement under Section 56, he shall immediately thereupon
be suspended from being a student of the University, and shall not thereafter
remain in, or enter the University; such suspension shall continue until the second
hearing is fixed by the Student Disciplinary Committee and if the student fails to
attend the second hearing without any reasonable cause or excuse, the Student
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Rule No. 4: General Discipline of Student (Date: Amended 31.05.2012)
Disciplinary Committee has the power to take appropriate action including to
terminate the student from the University.
58.
During the disciplinary proceeding, the Student Disciplinary Committee shall
explain to the student the facts of the offense alleged to have been committed
by the student, and call upon him to plead thereto.
59.
If the student pleads guilty, the Student Disciplinary Committee shall explain to
him the facts of the case; if he admits the facts, the Student Disciplinary
Committee shall pronounce him guilty of the disciplinary offense, and invite him
to make any plea he may wish to make for a lenient punishment.
60.
If the student pleads that he is not guilty of the disciplinary offence or refuses to
plead, or does not admit the facts of the case, the Student Disciplinary
Committee shall examine any witness or any document or any other article
whatsoever in support of the case against the student; the student shall be
invited to question such witness and inspect such document or article, and the
Student Disciplinary Committee may re-examine such witness.
61.
After the evidence referred to in Section 60 has been received, the student shall
be invited to give his evidence, call any witness, or produce any document or
other article whatsoever in his defense; the Student Disciplinary Committee may
question the student or any of his witness, and inspect any such document or
article, and the student may re-examine any of his witness.
62.
The Student Disciplinary Committee may question or recall any witness at any
time before it pronounces its decision/ judgment.
63.
After hearing the witness and examining the documents or other article produced
before it, the Student Disciplinary Committee shall pronounce its decision/
judgment in the case, and if it finds that the student is guilty of the disciplinary
offense, it shall invite the student to make a submission for lenient punishment.
64.
Upon receiving the submission for leniency by the student, as the case may be,
the Student Disciplinary Committee shall impose on the student any one of the
punishments specified in Part VI of Sentencing, or any appropriate combination
of such punishments.
The Student Disciplinary Committee shall prescribe at the end of the hearing the
appropriate punishments of the student found guilty of the charge. The Student
Disciplinary Committee shall, in imposing punishments have due regard to like
offences and the punishments levied on previous cases unless it can be proved
that the offence being tried is of a different nature so as to create a new case
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Rule No. 4: General Discipline of Student (Date: Amended 31.05.2012)
which may warrant a different form of punishments. Such punishment shall be
recorded and issued to the student in the form of a judgment letter.
65.
The Student Disciplinary Committee may order any document or other article
produced before it in the course of any disciplinary proceedings, to be kept in its
custody or in the custody of such person, as it may specify, pending the
conclusion of the disciplinary proceeding.
a)
The Student Disciplinary Committee shall, upon the conclusion of the
disciplinary proceeding before it, make such order as it deems fit for the
disposal of any document, or other article whatsoever produced before it in
the course of the disciplinary proceeding, and may direct that such order
shall take effect either immediately, or at such time as it may specify.
b)
The power of the Student Disciplinary Committee under Section 65(a) shall
include the power to order the destruction of any such document or article,
or the forfeiture thereof to the University.
66.
The Student Disciplinary Committee which takes disciplinary action against a
student shall make or cause to be made, written notes of the proceeding and
such notes shall be verified by the chairperson of the Student Disciplinary
Committee.
67.
The notes referred to in Section 66 shall be kept in the custody of the President,
or any such person authorized in writing by the President.
68.
The President, or any such person authorized in writing by the President, shall
maintain a register of all disciplinary proceedings taken under this Regulation;
such register shall record the name of the student, the particulars of the
disciplinary offense, the process of the proceeding, the result of the proceeding,
and such other information or particulars as the President may direct.
69.
Where a student has been found guilty of a disciplinary offense, the President, or
any such person authorized in writing by the President, may send a report of the
disciplinary proceeding to the student’s parent or guardian, to the Minister of
Higher Education, or in the case of a scholarship recipient, to the scholarship
body.
a)
The relevant parties specified under Section 69, shall be entitled to a certified
copy of the notes of the proceeding made under Section 66 upon payment
of a fee determined by the President, which shall not, in any case exceed
three hundred Ringgit Malaysia.
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Rule No. 4: General Discipline of Student (Date: Amended 31.05.2012)
b)
A certified copy of the notes of proceeding made under Section 66, in
respect of any particular case, shall be supplied by the President to the
Minister of Higher Education, should he requires the same.
70.
Where the Student Disciplinary Committee has imposed a punishment of fine
upon the student, it shall specify the period within which the fine shall be paid,
and the student shall pay the fine within the said period to the Finance Division.
71.
If the student fails to pay the fine within the period specified under Section 70, he
shall immediately thereupon be suspended from being a student of the
University, and shall not thereafter remain in, or enter the University until he have
paid the fine.
72.
Where any punishment is imposed upon a student under Sections 59 and 63, the
Student Disciplinary Committee may, in addition, order the student to pay such
compensation as it may fix, in respect of any damage to any property, or any loss
or injury to any person for which the Student Disciplinary Committee may find
the student, in the course of the disciplinary proceeding, to be responsible; a
student may be ordered to pay compensation under this section, regardless
whether or not the property which is damaged belongs to the University, or to
any other person.
a)
b)
c)
d)
e)
73.
The amount of compensation fixed by the Student Disciplinary Committee
under Section 72 shall be a just and reasonable amount, having regard to all
the circumstances of the case, and of the person(s) involved therein.
The compensation fixed under Section 72 shall be paid by the student to the
Finance Division within such period as the Student Disciplinary Committee
may specify.
The provisions of Section 71 shall apply mutatis mutandis, where the student
fails to pay the compensation fixed under Section 72 within the period
specified under Section 72(b).
The Finance Department shall pay out the compensation paid by the student
under Section 72(b) to such person as the Student Disciplinary Committee
may certify as being entitled to receive payment thereof.
Any compensation payable or paid under this section shall be without
prejudice to the right of any person to institute civil proceedings in a court of
law for damage or compensation in respect of the damage, loss or injury
referred to in Section 72, or the right of any person to receive any payment
or compensation under any other written law in respect of such damage, loss
or injury.
No person shall be present at a disciplinary proceeding except:
a) the Student Disciplinary Committee and its Secretariat;
b) the student against whom the disciplinary proceeding is taken;
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Rule No. 4: General Discipline of Student (Date: Amended 31.05.2012)
c)
d)
e)
74.
the parent(s) or guardian(s) of such student;
a witness while he is giving evidence, or when required by the Student
Disciplinary Committee so to do;
such other person authorized by the Student Disciplinary Committee to be
present.
Where the alleged actis stated as a strict liability offense, it need not be proved
that the student has the intention (mens rea) to commit the offense. It is sufficient
for the Student Disciplinary Committee to adduce that the offences had occurred
at the material time.
PART VI : SENTENCING
75.
A student who is found guilty of a disciplinary offense shall be liable to any one
or any appropriate combination of the following punishments;
a)
b)
c)
d)
e)
f)
g)
h)
expulsion from the University;
suspension from any part of the academic year;
exclusion from any part of the University premises for a specific period;
suspension from using any or all University facilities for a specific period;
an automatic failure in the subject(s) taken in the examination concerned, if it
involves cheating in the examination;
a fine not exceeding one thousand Ringgit Malaysia;
a written warning; and/or
any type of punishment which is deemed appropriate.
PART VII – APPEALS
76.
Where a student is dissatisfied with the decision of the Student Disciplinary
Committee, he may appeal against such decision by filing a written notice of
appeal to the President, within five working days from the date of the judgment
letter. Such date may be extended by the Student Disciplinary Committee. The
template of the notice of appeal is as per Appendix 2.
77.
No appeal shall lie from a judgment, sentence or order of a Student Disciplinary
Committee in the case of any offence punishable with fine only not exceeding
one hundred Ringgit Malaysia.
a)
When a student has pleaded guilty and been convicted by a Student
Disciplinary Committee on such plea, there shall be no appeal except as to
the extent or legality of the sentence.
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Rule No. 4: General Discipline of Student (Date: Amended 31.05.2012)
78.
The President shall, upon receiving the notice of appeal and the notes of the
disciplinary proceedings in respect of which the notice of appeal is given consider
the merits of the appeal.
79.
Any student who is dissatisfied with the decision of the President may within
fourteen (14) days from the date of receipt of the decision letter submit an
appeal in writing to Registrar General.
80.
An appeal by a student shall not operate as a stay of execution of the
punishment imposed under this Regulation, unless the President or the Registrar
General otherwise directs.
PART IX – GENERAL
81.
When a student is accused in court of any offense, whether the incident occurred
within or outside the University, the Student Disciplinary Committee has the right
to implement any punishment or procedures in this Regulation against the
student; even though no court proceeding against the student has been called.
a)
82.
Any procedures and decisions made by the Student Disciplinary Committee
in Section 81 are independent of any court decision made against the tried
student.
Where any disciplinary offense has been committed under this Regulation,
whether or not any student has been found guilty in respect thereof, and such
disciplinary offense has been committed or is purported to have been committed
in the name, or on behalf of any body or group of students of the University
which is established by, under or in accordance with the constitution, or any
other body or group of students of the University, every office – bearer of such
body or group, and every student managing or assisting in the management of
such body or group at the time of the commission of such disciplinary offense,
shall be deemed to be guilty of such disciplinary offense and shall be liable to
punishment therefore, unless he satisfies the Student Disciplinary Committee that
the disciplinary offense was committed without his knowledge, and that he had
exercised all due diligence to prevent the commission of such disciplinary
offense.
a)
Any office bearer or any student managing or assisting in the management
of any body or group of students as referred to in Section 82 shall be liable
under this Regulation, notwithstanding that he may not have taken part in
the commission of the disciplinary offense.
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Rule No. 4: General Discipline of Student (Date: Amended 31.05.2012)
b)
83.
In any disciplinary proceeding under this Regulation of an office bearer or
any student managing or assisting in the management of any body or group
of students as referred to in Section 82, any document found in the
possession of any office bearer or any student managing or assisting in the
management of such body or group of students, or in the possession of a
member of such body or group of students shall be prima facie evidence of
the contents thereof for the purpose of proving that something has been
done, or is purported to have been done by or on behalf of such body or
group of students.
In any disciplinary proceeding against such student:
(a)
it shall not be necessary to prove that the body or group of students
possesses a name, or that it has been constituted, or is usually known
under a particular name;
(b)
where any books, accounts, writings, lists of members, seals, banners or
insignia of, or relating to, or purporting to relate to, any body or group of
students are found in the possession, custody or under the control of any
student who is a member of such body or group of students, such body
or group of students shall be presumed, until otherwise proven, to be in
existence at the time such books, accounts, writings, lists of members,
seals, banners or insignia are so found; and
(c)
where any books, accounts, writings, lists of members, seals, banners or
insignia of, or relating to any body or group of students are found in the
possession, custody or under the control of any student, it shall be
presumed, until the contrary is proved, that such student assists in the
management of such body or group of students.
84.
Any student who breaches, fails to comply with, or contravenes any of this
Regulation or any restriction; condition or term imposed under this Regulation or
any order, instruction or direction given under this Regulation shall be guilty of a
disciplinary offense.
85.
Nothing in this Regulation shall derogate from the liability of any student for any
offense committed under any written law.
The revision of rule has been approved by the Senate of Multimedia University and is
enforced with effect from 1st June 2012.
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