Universiti Malaysia Sabah (UMS) confirmed it has initiated disciplinary action against two students who were allegedly involved in an altercation with authorities following a protest in a village in Kudat, Sabah, last month.
The institution said its action is based on information received regarding the duo’s supposed involvement in the incident, which it said disrupted public order as well as the university’s “interests, reputation, and integrity”.
It noted that all processes will be carried out in accordance with the University and University College Rules (Universiti Malaysia Sabah) (Student Disciplinary) 2024, a subsidiary legislation under the controversial Universities and University Colleges Act 1971 (UUCA).
“UMS takes seriously any conduct that may affect societal harmony and the reputation of the institution, and will ensure that every action is taken fairly, transparently, and in accordance with the applicable regulations,” read a statement from the office of UMS’ legal advisor.
The university further affirmed that it respects the rights of students to voice their views and express their positions on various issues involving the interests of the public and local communities.
“However, such freedom must be exercised responsibly, guided by the bounds of the law, preserving public order, and taking into account the interests of all parties,” it said.
It added that while proceedings related to the disciplinary actions have been initiated, a decision on penalties has yet to be determined.
Malaysiakini sought UMS’ response following claims that two of its students were subjected to proceedings under the UUCA after a purported defence of their community against demolition threats and alleged corruption.
Students face disciplinary charges
The May 19 incident at Kampung Asaon, Matunggong, Kudat, reportedly featured a conflict over customary land that led to an operation involving the demolition of homes and eviction of residents.
Malaysiakini learnt that the university accused the students of five charges, which allegedly constituted a disciplinary offence, with the institution citing the students’ arrest and subsequent remand over their alleged involvement in the protest.
Malaysiakini’s checks, however, found that while the students were arrested under Section 186 of the Penal Code for obstructing a public servant in the discharge of his public functions, they were not remanded for further probes.
UMS was also understood to have labelled the incident as an “off-campus activity” that had the potential to bring adverse effects to the university.
Two of the five charges were also understood to have referenced posters disseminated over social media by student group Suara Mahasiswa UMS regarding a third “Gempur Rasuah Sabah” rally.
However, UMS clarified to Malaysiakini that its ongoing actions against the students do not involve the anti-corruption demonstration, and instead focus solely on what transpired during the protest at the village.
It also denied taking action against its students over any of the Gempur Rasuah Sabah rallies.
If found guilty, the students could face a fine of up to RM500, suspension or expulsion from UMS, being barred from sitting for exams, or being evicted or prohibited from residing in the university’s hostel.
Calls grow to abolish UUCA
In a June 15 statement, Mandiri coordinator Hamdin Nordin said the disciplinary action against the students raised grave concerns over the state of academic freedom and democratic space in higher learning institutions.
He stressed that disciplining students for their involvement in public issues risks creating an atmosphere of fear on campuses and undermining the function of universities.
“Mandiri asserts that students should not be treated as a threat merely because they have taken a stand on issues of social justice, community rights, and administrative integrity.
“Universities should be spaces that encourage critical thinking, not suppress it through disciplinary action that is repressive in nature,” Hamdin added.
Mandiri also called for all proceedings, investigations, or disciplinary actions under the UUCA against students relating to freedom of expression and community advocacy to be stopped immediately.
“The UUCA must be abolished immediately as it can be misused to the extent of affecting academic freedom and students’ right to expression”, it insisted.
In a separate statement yesterday, Liga Mahasiswa Malaysia accused the Higher Education Ministry of growing “increasingly cowardly” and attempting to avoid facing students by deploying the law to suppress student anger.
Condemning the government’s continued use of “archaic laws”, it similarly demanded that all proceedings and investigations against students be halted. - Mkini
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