ACADEMIC FREEDOM AXIV, S5 P2. Academic freedom shall be enjoyed in all institutions of higher learning. Q: What is Academic Freedom?

A: This institutional academic freedom includes the right of the school or college to decide for itself, its aims and objectives, and how best to attain them free from outside coercion or interference save possibly when the overriding public welfare calls for some restraint. The essential freedoms subsumed in the term "academic freedom" encompasses the freedom to determine for itself on academic grounds: 1. WHO may teach 2. WHAT may be taught 3. HOW it shall be taught 4. WHO may be admitted to study

If the school or the university has the freedom to determine whom to admit, logic dictates that it has all the right to determine whom to exclude or to expel as well as to impose lesser sanctions such as suspension. Nota Bene: But one the school admits a student, contract between the school and the student is created. The contract between the school and the student is not an ordinary contract. It is imbued with public interest considering the high priority given by the Constitution in education and the grant to the State of supervisory and regulatory powers over all educational institutions. Thus, the university cannot just whimsically or arbitrarily expel a student without just causes. Ex. of a just cause : failure to maintain academic standard; failure to abide the school rules and regulations However, before the school/university can expel, it must first establish the culpability of the student in conducting an investigation. The right of the school to discipline its students is at once apparent in the third freedom, i.e., "how it shall be taught." A school certainly cannot function in an atmosphere of anarchy. Thus, there can be no doubt that the establishment of an educational institution requires rules and regulations necessary for the maintenance of an orderly educational program and the creation of an educational environment conducive to learning. Such rules and regulations are equally necessary for the protection of the students, faculty, and property.

Q: What is the duration of the contract (contract imbued with public interest) between the school and the student? A: Alcuaz v. PSBA (1988) It is beyond dispute that a student once admitted to the school is considered enrolled for ONE SEMESTER. It is provided in Paragraph 137 Manual of Regulations for Private Schools that when a college student registers in school, it is understood that he is enrolling for the entire semester. Likewise, it is provided in the Manual that the "written contracts" required for college teachers are for one semester. It is thus evident that after the close of the first semester, the PSBA-QC no longer has any existing contract either with the students or with intervening teachers. The ruling in this case is reversed by the case of Non v. Dames (1990) - in no way may Paragraph 137 be construed to mean that the student shall be enrolled for only one semester, and that after that semester is over his re-enrollment is dependent solely on the sound discretion of the school. On the contrary, the Manual recognizes the right of the student to be enrolled in his course for the entire period he is expected to complete it. entire duration of the course But in the case of UP Board of Regents v. CA (1999) - Where it is shown that the conferment of an honor or distinction was obtained through fraud, a university has the right to revoke or withdraw the honor or distinction it has thus conferred. This freedom of a university does not terminate upon the graduation of a student, as the Court of Appeals held, for it is precisely the graduation of such a student that is in question. It is noteworthy that the investigation of private respondents case began before her graduation. If she was able to join the graduation ceremonies on April 24, 1993, it was because of too many investigations conducted before the Board of Regents finally decided she should not have been allowed to graduate. Thus, it means that the contract between the student and the university may even extend beyond graduation. [This case involved an Indian Citizen who enrolled in the Phd Program in Anthropology. Her thesis was found to be plagiarized only after graduation. (WHO may be admitted to study)