Universiti Kebangsaan Malaysia (UKM) student activist Asheeq Ali will not be able to attend his final appeal of the disciplinary action against him on Jan 11 because he has to sit for an examination.
Asheeq also said he did not personally received the notice from the university about the hearing, but instead was informed by his lawyer.
If he loses the appeal, he will be suspended for the next semester which will commence on Feb 13.
Asheeq is appealing his suspension for a semester over involvement in the TangkapMO1 rally last August.
However, he said the university would breach the University and University Colleges Act if it proceeds with the hearing without him.
"Under section 16(5) of the UUCA, the university is supposed to hear my appeal. How are they supposed to do it if I'm not there?" he asked, when contacted.
The student earlier sought a court injunction in a bid to stop the UKM hearing. This is pending Asheeq's lawsuit against UKM over its decision to suspend him.
He also said that the university's decision to suspend him in the involvement of the rally contravened the Federal Constitution which guaranteed the freedom to demonstrate peacefully.
The TangkapMO1 rally was organised after the US Department of Justice (DOJ) filed a lawsuit to seize assets of more than US$1 billion, allegedly siphoned off from 1MDB.
The DOJ said a Malaysian official, referred to as "Malaysian Official 1" received US$731m of 1MDB funds, but did not name the official.
Cabinet minister Abdul Rahman Dahlan said the official is Prime Minister Najib Abdul Razak, but he was not named because he was not subject of the lawsuit.
Najib denied any wrongdoing and was exonerated by attorney-general Mohamed Apandi Ali.
Besides Asheeq, three University Malaya students have also been suspended by the university for their role in the TangkapMO1 rally.
The UM students would be filing an appeal against the university's decision in the future.- Mkini