PART I GENERAL PRINCIPLES
- THE UNIVERSITY AS AN INSTITUTION OF LEARNING
1.1 The University is essentially an institution of learning, a community of students and scholars. Its first commitment is the pursuit of knowledge and truth.
1.2 The University is unique as an institution which is bound by standards of integrity in scholarship. Scholars accept definite standards of truth and are objective and rational in approach. The specific tools of research and study may differ in various areas of knowledge but all scholars alike are bound by scientific methods of inquiry.
1.3 The University fulfils its commitment to knowledge and the pursuit of truth through two main kinds of activity:
1.31 The research activities of its academic staff. These activities extend the frontiers of knowledge, enlarge awareness and grasp of the natural and social world in which men live and contribute to the enrichment and betterment of human life. Research should also enhance the religious and spiritual life of the community.
1.32 Its function as a teaching institution. A University trains students in the methods of scientific inquiry; the tools of research particular to the area of study and develops professional skills. It exposes them to a wide range of different theories and ideas, stimulates the development of an open but critical mind and establishes the ability to evaluate and discriminate amongst conflicting views in the process of ascertaining the truth.
2. THE UNIVERSITY AND THE COMMUNITY
2.1 The University is part of the community and has definite and important commitments to the wider society. It must fulfil its commitment to the pursuit of knowledge and truth as well as justice within society.
2.2 The social role of the University is not incompatible with its commitments qua institution of learning. The University can only serve the community if it upholds its integrity as an academic institution.
2.3 The University contributes to the community in the following ways.
2.31 The University continuously enlarges the number of citizens who are trained to think in a disciplined, systematic and rational way through its teaching activities. Students on leaving the University fulfil other roles in society. Their training and expertise will enable them to perform better the tasks of administration, planning, teaching and will be invaluable to the bureaucracy, teaching services, as well as within the private sector.
2.32 Research activity directed into problems and areas of knowledge related to the community’s real needs adds to the reservoir of data and information which can be used as a basis for policy decisions. More accurate and reliable information ensures more rational and better policies as well as more effective implementation of policies.
2.33 Research done by scholars, whether within the natural, social or technical sciences, provides a reliable basis for an objective and critical assessment of policies. The University is one of the few institutions which is able to perform the role of an independent, but objective and constructive critic. Its commitment to objectivity and integrity in scholarship ensures that its evaluations are not based on bias, prejudice nor intended to serve any partisan interests. No society can progress or develop without a constant reappraisal and re-examination of Its directions, its policies of change and development.
2.34 Consultancy, extension services and other such activities contribute to the enrichment of knowledge within the University and the society at large.
2.35 The University, through all its activities, raises the level of consciousness and sophistication amongst citizens and leaders and widens the intellectual horizons of the society.
- THE UNIVERSITY IN MALAYSIA
3.1 The University in Malaysia, in common with Universities in Third World countries, plays a vital social role in addition to its primary commitment to the ideals of the University qua institution of learning and research. It shall be committed to the economic, social, political and cultural development of society. Third World societies have only recently emerged from long periods of colonial domination and are seeking rational and just policies of development in the attempt to eliminate the effects of colonialism.
3.2 The University has additional responsibilities in such a context.
3.21 The University represents an important concentration of trained minds which aid in the various fields of development, especially in a society where the general level of literacy and education is low.
3.22 The teaching function of the University acquires greater urgency in view of the need for highly trained personnel to fill immediate as well as long term manpower needs that must be met.
3.23 The University shall contribute to the scientific and technological development of the country.
3.24 Scholars in Malaysia and other Third World countries must end their dependence on models which are irrelevant to the experiences of their societies. They should search for models and perspective which improve understanding of our realities and which are capable of solving the problems of our societies.
3.25 Scholars in Malaysia, and other Third World countries should undertake research into our cultural and religious traditions which have been neg1ected and oppressed during the years of colonial domination. This is an important in the awakening of a stronger national consciousness, the development of a nation culture and the promotion of national solidarity.
3.3 The University in Malaysia shall contribute to the building of a united, just, liberal and progressive society and to the strengthening of our commitment to democracy. The University shall also uphold those religious ideals acceptable to our multi-religious society, in accordance with the Constitution and the principles of the Rukunegara.
3.31 The University shall contribute to the tradition of open and rational discourse on all national issues. Their commitment to the community shall be expressed by their direct participation in the wider forums of debate and discussion in the community. This ideal of encouraging and tolerating differing views comes from within our own cultural and religious heritages. Within the Islamic tradition, for example, the Prophet Mohammed did not silence dissent but instead welcome It with these words, “Differences of opinion in my ummah is a sign of Divine Mercy”.
3.32 The University shall contribute to the improvement of the quality of public debate and opinion. This will strengthen our democratic political processes. A democracy can only function well where citizens are alert and participatory and there is a high level of social consciousness. The University shall play a role in stimulating such consciousness; the staff and students shall be catalysts for a more aware citizenry.
3.33 The University shall further enrich the National Language through increasing usage.
3.34 The University shall through its various functions and in coordination with other social institutions, help build stronger bases for unity amongst the various ethnic groups.
- UNIVERSITY AUTONOMY
4.1 The autonomy of the University must be preserved in order that it can fulfil its functions as an institution of higher learning and also meet its responsibilities to the community.
4.2 With respect to the conception of autonomy, it shall be recognized that:
4.21 The university campus is not an area immune from the laws of the land. It is physically an integral part of the nation and is as much subject to the laws of the country as any other part.
4.22 The University community is not a special group of elites removed from the rest of the community and having no obligations to society and nation. The University is not an ivory tower within which academics are isolated from social realities and alienated from the pressing problems facing society.
4.23 Members of the academic community as citizens are equally subject to whatever laws are binding upon other citizens. They have equal rights with other citizens but no special privileges above the law.
4.24 In common with Universities in many Third World countries, the Malaysian University is supported by public funds. This support would not be justifiable if the University makes no contributions to the general welfare of the community. But, the more because financial support comes from the community as a whole and not particular individuals or interests within it, it is important that the University retains its independence and autonomy. This will ensure that it is the community at large that is served and not some particular sector within the community.
4.25 In serving the community and the general welfare, the University shall not be swayed by powerful economic or political forces. The financial dependence of the University upon the State as the executor of the community’s finances shall not entail its subservience to, nor the control of its academic life by the State. It is to the community that the University has its final obligation and the State or government of the day must be distinguished from the community as a whole. This distinction is not alien to the intellectual traditions of the country. Scholars within the Islamic World, for example,
have tried consistently to maintain their independence from the court, which represented the State of those times. Moreover, the distinction between loyalty to the Amir and loyalty to the Ummah is one that is clearly drawn within Islamic political thought.
4.3 The pursuit of knowledge can genuinely go on only where there is freedom, from fear or favour, to follow the standards of truth and justice. This pursuit is a value which is universal to all intellectual traditions.
4.4 Autonomy shall mean the protection of the following basic freedoms. The University community shall be:
4.41 free to pursue the objective truth by not being denied access to the necessary publications, information or data required for academic study and research.
4.42 free to independently decide directions of research and study which can be justified as academically worthwhile and socially meaningful.
4.43 free to share with the community the results of their study and the fruits of their research whether through publication or through established forums of debate and discussion.
4.44 free from pressures seeking to subjugate the University to particular vested interests or to compromise in any way the integrity of scholarship to some specified end. All such pressures, whether from business corporations, political groups or any other partisan interests must be rejected as having no legitimate grounds to enter within the academic domain.
4.5 It is only when the autonomy of the University is safe-guarded in these terms that it can retain its integrity. When a University is subjected to economic, political or religious pressures and its will is bent to serve the interests of some power or force outside the University, it can only serve that particular power of interest. It can no longer serve the welfare of the community as a whole nor contribute to the nation’s true development.
PART II CODE OF ETHICS: RESPONSIBILITIES AND RIGHTS
- RESPONSIBILITIES
5.1 The principles governing the scholarly and social commitments of academics shall be clearly understood as responsibilities to be fulfilled in the conduct of their duties.
5.2 The primary commitment of academics shall be to truth, knowledge and justice. They shall always observe objectivity in their research and teaching.
5.3 In research, academic staff shall:
5.31 conduct an open, honest and unprejudiced appraisal of all available evidence.
5.32 be honest with respect to the facts – there shall be no deliberate distortion or neglect of any data or evidence.
5.33 engage in a self-conscious attempt to make explicit their theoretical framework and methodological principles. The refusal to admit to theoretical assumptions results in hidden bias and an arbitrary and unscientific approach. Research requires the adoption of a theoretical framework and objectivity must entail the critical examination of such
a framework against other possible approaches. From this will emerge a clear and rational basis for the choice of a particular theory or model – one that can be defended as doing justice to the available facts.
5.4 In teaching, academic staff shall:
5.41 give unprejudiced consideration to all major points of view on any particular subject without any bias and provide students with accurate and fair expositions of conflicting viewpoints.
5.42 provide critical assessments of the different positions or viewpoints, indicating their relative merits from an intellectual and scholarly point of view.
5.43 encourage students to pursue their own independent thought and evaluation on the subject and shall provide them with readings by both advocates as well as critics of the various conflicting views.
5.5 Academic objectivity shall not mean that the teacher is to have no opinion of this own or that he must be neutral visa-vis all the positions discussed. In applying the standards of judgement from the discipline, certain views may be shown to be in fact totally untenable even though they merit discussion. Observing the canons of objectivity is not at all inconsistent with having and defending some particular point of view which is held to be the most convincing, given the evidence.
5.6 Academic staff shall be diligent and conscientious in the performance of their teaching duties and shall observe proper academic relations with their students. In doing so, academic staff shall:
5.61 endeavour to the best of their ability to provide all the necessary intellectual guidance to contribute maximally to the development of their students.
5.62 ensure that students have reasonable opportunities to consult them beyond the lecture hall.
5.63 be impartial and fair in their dealings with students. They shall not discriminate against any student on the basis of ethnicity, social position or on the basis of their intellectual or political beliefs.
5.64 award all marks or any other evaluation of students fairly and ethically. Evaluation shall be based on the student’s effort and ability and shall not be assigned on the basis of the student’s intellectual or political position without reference to his academic merit. No other irrelevant criteria, such as the personality or character of the student, shall be used in the evaluation of the academic performance of a student.
5.7 Academics shall distinguish clearly between their roles as teachers and other roles which they may have in society.
5.71 The academic relationship of staff and students shall not be used to advance some private, personal or political interest that is irrelevant to the academic pursuit. This does not mean, however, that academic staff must hold themselves aloof from students. Nor does it mean that they may not share commitments with their students.
5.72 Where staff and students have common ideals or commitments, these shall be pursued together outside the classroom and clearly separated from their academic relationship.
5.73 Academics shall not abuse their relationship with students by using it to pressure or intimidate students into adopting some particular intellectual, political or religious position or to participate in some activity which is not required by the academic context.
5.8 The primary duty of academics shall be to serve the University.
5.81 They shall place their academic responsibilities and duties before other personal pursuits or interests.
5.82 They shall not conduct themselves in such a manner as to demean the academic profession.
5.9 Academics shall be cognizant of their responsibilities to the society and nation.
5.91 They shall not isolate themselves within the social and intellectual confines of the University.
5.92 Academics shall endeavour to contribute to the enrichment of our national heritage and culture as well as to the creation of healthy and desirable social and spiritual values.
5.93 Academics shall endeavour to contribute to the development of a more rational and healthy political life and a well-rounded and self-reliant economy.
5.94 The commitment to truth and justice shall entail the commitment to the elimination of human misery and the creation of a more equitable, just and democratic society
- RIGHTS
6.1 Certain well-defined and explicitly safe-guarded rights are necessary for the proper and full exercise of the responsibilities mentioned above.
6.2 The right to academic freedom – a inalienable right of all academics – is essential in order to fulfil the responsibility of observing academic objectivity and the primary commitment to the pursuit of truth, knowledge and justice. This right shall include the following main aspects:
6.21 the right to undertake research without obstruction,
6.22 the right of access to necessary publications and data required for study and research.
6.23 the right to teach without hindrance – that is the right to determine the courses to be taught as well as their content in accordance with well-established academic standards.
6.24 the right of free discussion and freedom of opinion.
6.25 the right to freely publish in any recognized organ, within the country as well as internationally.
6.26 the right to be evaluated for career development only on the basis of professional standards of teaching and research.
6.3 The common rights of all citizens must be equally safe guarded for academics so that they can fulfil the responsibility of service to community and nation. These include the following:
6.31 freedom of access to the community including access to the mass media, participation in public forums and talks and undertaking community work.
6.32 freedom of comment and criticism both of other intellectual positions as well as policies and directions within society.
6.33 freedom to join or otherwise associate with any legally established society or organisation and fully participate in its activities. This must specifically include the right to participation in the political life of the community whether to be a member of some legally established party, to stand for elections on its behalf or to share in the leadership responsibilities of such a party. Political participation is in no way contradictory to the academic role. As it is possible for other professionals to fulfil the duties of their profession in accordance with the accepted code of ethics of their profession while at the same time meeting their responsibilities as citizens in a democratic society, so is it possible for an academic to do the same. Political participation may, in fact, enhance the theoretical understanding of an academic by providing additional insights through direct experience. This is necessary so that scholars and teachers may more realistically construct theories and models consistent with our unique local situation. Such participation may also contribute to the formulation of more effective policies in keeping with national goals and aspirations.
6.34 freedom to provide professional services to legally established bodies and groups outside the University, including the government and other public institutions. Any attempts to prevent academic staff from sharing their expertise with society in inimical to their positive contributions to community and nation.
6.4 All these rights and freedoms are neither special privileges nor extraordinary rights. They fall within the framework of the Constitution and the ambit of the law.
PART III IMPLEMENTATION
- THE UNIVERSITY COMMISSION
7.1 An independent and impartial commission shall be set up to uphold the aims and principles of this Charter. The novel character of this role requires the setting up of a separate body.
7.2 It shall be known as the University Commission.
7.3 Parliament shall legislate to create the proposed Commission.
7.4 The Commission shall consist of a Chairman and five members who shall be appointed by the Yang Di Pertuan Agong after consultation with the conference of Rulers. Three of the five members shall be chosen from nominations by the Academic Staff Associations and the Professional Centre.
74.1 The members of the Commission shall be distinguished public personalities who enjoy public confidence.
7.42 A member of the Commission may not be removed from office except on the same grounds as a judge.
7.43 A member of the Commission shall cease to hold office on reaching the age of 65 years.
7.44 A member of the Commission may be removed by the Yang Di Pertuan Agong if he or she is an undischarged bankrupt; or engages in any public office or employment outside the duties of his office; or is a member of either Houses of Parliament or the Legislative
Assembly of a State, becomes an employee of any University or a member of any University Council.
7.5 The Commission shall ensure that the aims and principles of the Charter are upheld. It shall:
7.51 act as an appellate body and shall adjudicate any alleged violations of the Charter and receive and act upon any appeals of transgression of the Charter from any of the parties involved.
7.52 furnish Parliament with periodic reports of its work.
7.6 The Commission shall be vested with such powers as it may deem necessary for the discharge of its duties.
7.7 The Commission shall, immediately on appointment, devise machinery for the implementation of the Code of Ethics, as specified in this Charter, in consultation with the Academic Staff Associations and the University Councils.
7.8 The functions of the Commission can be clearly distinguished from those of other institutions involved in educational policies and their implementation.
7.81 The functions of the University councils in relation to recruitment, promotion and appropriation will remain intact. The University councils cannot be expected to assume the’ task of upholding the Charter which indirectly places certain obligations upon them as employers of University staff. University councils are in charge of particular Universities while the Commission covers all University staff and therefore requires a uniform interpretation of the Charter for all the Universities.
7.82 The government’s role is to ensure that public policies formulated by Parliament for the Universities are faithfully implemented. It cannot undertake the task of upholding the Charter.
7.83 The Higher Education Advisory Council’s concern is with advising the government on the general implementation of the National Educational Policy at the level of the Universities.
Refecences:
- Ilmu Masyarakat, 2 (1983) 90-96
- W.M.W. Muda & H.M. Jadi (Eds), Akademia Menjelang Tahun 2000, PKAPUSM, Penang, 1991, pp 174-187.