Presentation on theme: "STUDENT DISCIPLINE ATTY. JOYLYN P. DULNUAN Head, Legal and Investigation Unit National Capital region."— Presentation transcript:
STUDENT DISCIPLINE ATTY. JOYLYN P. DULNUAN Head, Legal and Investigation Unit National Capital region
Authority to maintain school discipline (D.O. No. 92, s. 1992) Every school shall maintain discipline inside the school campus as well as outside the school premises when pupils or students are engaged in activities authorized by the school.
Source of Authority Constitution - Educational institutions shall inculcate patriotism and nationalism, foster love of humanity, respect for human rights, appreciation of the role of national heroes in the historical development of the country, teach the rights and duties of citizenship, strengthen ethical and spiritual values, develop moral character and personal discipline, encourage critical and creative thinking, broaden scientific and technological knowledge, promote vocational efficiency. (Sec 3(2)Art. XIV)
Source of Authority Family Code of the Philippines - The School, its administrators and teachers, or the individual, entity or institution engaged in child care shall have special parental authority and responsibility over the minor child while under their supervision, instruction or custody. X x x (Art. 218)
Family Code Rights & Duties of parents and those exercising parental authority To provide them with moral and spiritual guidance, inculcate in them honesty, integrity, self- discipline, self- reliance, industry and thrift, stimulate their interest in civil affairs, and inspire in them compliance with the duties of citizenship.
Family Code To demand from them respect and obedience To impose discipline on them as may be required under the circumstances
Republic Act 9155 Authority, Accountability, and Responsibility of School Head Creating an environment within the school that is conducive to teaching and learning; Implementing, monitoring and assessing the school curriculum and being accountable for higher learning outcomes.
Discipline The practice of training people to obey rules or a code of behavior, using punishment to correct disobedience. A field of study or is a training to fix incorrect behavior or create better skills.
Imposition of Disciplinary Action School officials shall have the right to impose appropriate and reasonable disciplinary measures in case of offenses or infractions of good discipline.
Limitation of Authority In no case shall school administrator, teacher or individual engaged in child care and exercising special parental authority, inflict corporal punishment upon a child (Art. 233,Family Code) No cruel or physically harmful punishment shall be imposed or applied against any pupil or student. (DECS Service Manual)
RULES & PROCEDURES Bullying student vs. student Other Acts of Violence or Abuse student vs. student Other Forms of Student Offense/Infraction student vs. school or school personnel
PROCEDURES BULLYING INCIDENTS Immediate Responses -stop the bullying -separate the students -remove the victim -safety of the victim -reporting to Guidance Office
PROCEDURES Reporting to the School Head Filling up of the Intake Sheet Investigation/Inquiry -The School Head shall designate school personnel/committee to conduct inquiry
Procedures 1. The student and the parents or guardians shall be informed of the complaint in writing; 2.The student shall be given the opportunity to answer the complaint in writing, with the assistance of the parents/guardian; 3.The bully or offending student and the victim shall be interviewed separately.
Procedures 5. Determine the level of threats and develop intervention strategies. 5. Inform the victim and the parents or guardian of the steps to be taken to prevent any further act of bullying or retaliation; and 6. Make appropriate recommendation to the CPC on proper interventions, referrals and monitoring
Procedures 7. The School Head shall issue a decision in writing, stating the facts and the reasons for the decision. 8. In addition to the disciplinary sanction, the bully shall also be required to undergo an intervention program which shall be administered or supervised by the CPC. The parents of the bully shall be encouraged to join the intervention program. 9. The decision of the school head may be appealed to the Division Office.
PROCEDURES The same procedures shall be observed on other Acts of Violence of Abuse student vs. student Other Forms of Student Offense/Infraction student vs. school or school personnel Except that the students and witnesses may be interviewed at the same time in an inquiry of the Committee.
Due Process in Student Proceedings “The imposition of disciplinary sanctions requires observance of procedural due process” Guzman vs. National University 142 SCRA 699
Procedural Due Process 1.the students must be informed in writing of the nature and cause of any accusation against them; 2. they shall have the right to answer the charges against them, with the assistance of counsel, if desired; 3. they shall be informed of the evidence against them;
Procedural Due Process 4. they shall have the right to adduce evidence in their own behalf; and 5. the evidence must be duly considered by the investigating committee or official designated by the school authorities to hear and decide the case.
RULES IN THE IMPOSITION OF PENALTY Depending on the gravity of the offense, non-punitive measures may be imposed in lieu of punitive measures in accordance with the Positive Non-violent Discipline. (CPP)
RULES IN THE IMPOSITION OF PENALTY CONCEPT OF PROPORTIONALITY- the penalty must be proportionate to the offense committed. The School Head may impose reasonable disciplinary measures taking into consideration the nature, gravity or severity, or previous offense.
PENALTIES Bullyingthe SH shall determine the appropriate disciplinary measure in accordance with existing rules and regulations of the Department Other Acts of Violence or Abuse Dealt with in accordance with RA 9344 Other Forms of InfractionIn accordance with existing rules of the Department
Other Forms Of Infraction Cheating and stealing Assaulting a teacher or any other school authority or his agents Smoking within the school premises Vandalism, writing on or destroying school property like chairs, tables, windows, books, laboratory equipment and others Using, possessing and selling prohibited drugs Hazing in any form or manner whether inside or outside the school premises etc
PENALTIES Written reprimand Community service Suspension Exclusion Expulsion
IMPOSABLE PENALTY Nature of Offense PenaltyDuration Disciplining Authority Requirement Minor offense Appropriate and reasonable disciplinary measure School officials Not cruel or physically harmful punishment First offense or NOT Serious Offense Suspension Not exceeding 3 days Principal parents must be informed of any misconduct on the part of their children for which disciplinary action is necessary
Cont. Nature of offense PenaltyDuration Disciplining Authority Requirement Serious offense or persistent offender Suspension Exceeding 3 days but NOT longer than 1 year Principal subject to approval of SDS Due process. Written promise of exemplary conduct Serious offense Suspension or exclusion 1 year or longer SecretaryDue process
Prohibited Penalty Corporal Punishment Manual work or degrading tasks cruel and unusual punishments of any nature holding up a pupil/student to unnecessary ridicule the use of epithets and expressions tending to destroy the pupil/student’s self respect and the permanent confiscation of the personal property of pupils/students
"A school without discipline is like a mill without water.“ Bohemian proverb
DISCIPLINARY ACTION for TEACHERS/PERSONNEL Arising from parents/pupil’s complaint of a wrongful act or omission on the part of the teacher/school personnel The Principal has no disciplinary jurisdiction
Handling the Complaint If a complaint is filed/brought to the school, the Principal may: 1. inquire from the complainant on the facts/circumstances of the complaint 2. Ascertain the desire of the complaining parent: * admonition of the teacher – meeting between the parents and the teacher concerned * the teacher be penalized – inform the complaining parent of the jurisdictional issue
WHAT TO AVOID Appearance of partiality by- listening Being non-judgmental Staying calm/tolerant Maintaining confidentiality