4.0 UiTM's Disciplinary Tribunal

Tribunal is a body set up by legislation to adjudicate upon disputes in a specific area and which enjoys a degree of autonomy. A tribunal is an important and the best form in settling dispute outside the court system. This is because tribunals enable an ordinary man to obtain a cheap, fair and impartial hearing when he is affected by administrative action.One situation where such an occasion arises relates to disciplinary actions in universities. UiTM is one of the universities in Malaysia that uses a tribunal in handling students' disciplinary matters. UiTM is Malaysia's largest institution of higher learning that has experienced a phenomenal growth since its inception in 1956.Presently, the University has expanded nationwide with three satellite campuses, 14 branch campuses, six city campuses, 25 franchise colleges and a smart campus for the future.This large students population size inevitably raises, among others, disciplinary problems. Accordingly, this calls for a need to set up a proper process or procedure to handle the problems. UiTM Students’ Disciplinary Tribunal was created by virtue of the Educational Institutions (Disciplinary) Act 1976 (Act 174). Under this Act, an officer of the University is empowered by the Minister to carry out proceedings in the Students' Disciplinary Tribunal, and further the said officer could delegate his authority for the said purpose to other officers in the University. Currently, the officer in charge of this tribunal is one from the Hal Ehwal Pelajar (HEP) office.

4.1 The Rules

The Malaysian public universities are generally paternalistic in nature. This is reflected in the offences under the Educational Institutions (Disciplinary) Act 1976. The offences could be largely categorized into several categories namely, main, general, hostel and traffic offences. The main offences are contained in Part IV of the said Act. One of the offences under the main category is where a student becomes a member of any local or foreign political party or workers union or non-governmental organizations without obtaining a prior approval from the Education Minister. This prohibition is extended to acts of having any arrangements with the said organizations, and showing support or doing anything that could be interpreted as to show support to the said organizations. As for the general offences, these are contained in the Educational Institutions (Discipline of Students) Rules 1976 in the Second Schedule of the Act. Among them are prohibitions against gambling, pornographic materials, possession of drugs and drug use. The hostel rules are contained in Part III of the Rules, which seek to safeguard the decorum of the occupants by providing prohibition against such matters as vandalism and nuisance.

Traffic rules are contained in Part IV of the Rules and these rules aim to regulate the conduct of the motor vehicle users on campus, for instance, the registration of the motor vehicle by the owner, obedience of the speed limits, and the parking of the vehicles in the appropriate places. Students are also bound by any other written law of Malaysia. When a student is charged in a Court of Law for transgressing of any law, he or she would be automatically suspended from the University, and automatic expulsion would follow from a conviction.

4.2 The Procedures

The Educational Institutions (Disciplinary) Act 1976 (Act 174) provides guidelines on the procedures regarding Student Disciplinary Tribunal. When the Tribunal is convened, the Secretary of the Board, who is usually the Executive Officer from the Students Affairs Department, will read out the charge against the student, and the student would be asked whether he understands the charge which is laid out against him. If the answer were in the affirmative, he would be asked for his plea. If the student were to plead guilty to the charge, the Board would once again explain the particulars of the charge to him; and if the student pleads guilty to it again, the Board would declare a finding of "guilty". Sentencing does not take place automatically at this point. The student would be asked to present any mitigating factors, after which the Board would discuss the appropriate punishment to be given. If the student were to present a plea of not guilty, a mini trial would be commenced and the Board would call the witnesses for the Board to present evidence against the student. The student would be asked to cross-examine the said witnesses, following which the Board would reexamine its own witnesses.Next, the student would be asked to present his defence and he could call any witness for his side to present evidence before the Board, and the same process of cross-examination and reexamination would follow. If the Board makes a finding of guilt, the student would then be asked to present a case for mitigation.

The punishment can be one or any combination of the following: a warning; a fine not exceeding RM 200.00; suspension for a certain period; exclusion from any parts of the University for a certain period, and expulsion. In practice, the University has issued a guideline for the minimum and maximum limits of punishment that the Board could pass. For instance, the maximum penalty for the offence of possession of cigarettes is a fine of RM50.00.

A student who is dissatisfied with the decision of the Tribunal could lodge a written notice of appeal to the Secretary of the Tribunal within five days of the decision of the Tribunal and the said officer would then forward the notice to the Education Minister together with the records of the proceedings.