Section 5

The disciplinary authority of an Institution in respect of every student of an Institution shall be such member of the staff as the Minister may designate; the member of the staff so designated shall be known as the Students’ Affairs Officer.

The Students’ Affairs Officer shall have the power to take such disciplinary action and impose such disciplinary punishment as provided under the Second Schedule.

The Students’ Affairs Officer may delegate his disciplinary functions, powers or duties to any member of the staff or any board of members of the staff, in respect of any particular student or any class or category of the students of the Institution.

The Students’ Affairs Officer, or the member of the staff or the board of members of the staff delegated with the functions, powers or duties under subsection (3), shall inform the student in writing of the grounds on which it is proposed to take action against him and shall afford him a reasonable opportunity of being heard.

A student of an Institution shall have the right to be represented by a staff or another student of the Institution in any disciplinary proceedings taken against him.

A student of an Institution shall be allowed to make a written or an oral representation in any disciplinary proceedings taken against him.

The decision of the Students’ Affairs Officer, the member of the staff or the board of members of the staff, as the case may be, in any disciplinary proceedings taken against a student of an Institution shall be communicated in writing to the student within fourteen days from the date of the decision.

Any student who is dissatisfied with the decision of the

Students’ Affairs Officer, the member of the staff or the board of members of the staff, as the case may be, under subsection (3D) may, within fourteen days from the date of receipt of the decision, submit

8 Laws of Malaysia ACT 174

an appeal in writing to the Student Disciplinary Appeal Committee established by the Minister under subsection (5).

The Minister shall establish a Student Disciplinary Appeal

Committee to hear and determine any appeal submitted by a student of an Institution under subsection (4).

The Student Disciplinary Appeal Committee shall comprise three members to be appointed by the Minister from within or outside the Institution, one of them to be the chairman of the Student

Disciplinary Appeal Committee.

No person who had exercised the powers under subsection (2)

or (3) shall be a member of the Student Disciplinary Appeal

Committee.

A student of an Institution who has submitted an appeal under subsection (4) shall have the right to be represented by a staff or another student of the Institution in any proceedings before the

Student Disciplinary Appeal Committee.

A student of an Institution who has submitted an appeal under subsection (4) shall be allowed to make a written representation in any proceedings before the Student Disciplinary Appeal Committee.

The Student Disciplinary Appeal Committee hearing an appeal under subsection (5) shall decide on the appeal within thirty days from the date of receipt of the appeal.

The decision of the Student Disciplinary Appeal Committee on an appeal shall be communicated in writing to the student within fourteen days from the date of its decision.

Students’ disciplinary rules