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Implemen’ng the An’Bullying Policies in Private Schools (R.A. 10627 and its IRR)
Implemen'ng the An'-‐Bullying Policies in Private Schools
(R.A. 10627 and its IRR)
Preliminaries
1. RA 10627 does not criminalize “bullying”. 2. The IRR includes kindergarten as part of the
scope and coverage.
3. The onus is on the schools not on the bully.
BULLYING
refers to any SEVERE, or REPEATED use by one or more students of a WRITTEN, VERBAL, or ELECTRONIC expression, or a physical act or gesture, or any combina'on thereof directed at ANOTHER STUDENT.
-‐SEC. 3b, IRR
Has the effect of actually causing or placing the
laMer in reasonable fear of physical or emo'onal harm or damage to his property; creaOng a hos'le environment xxx; infringing on the rights of another student xxx; or materially or substanOally disrupOng the educaOon process or the orderly operaOon of the school xxx:
FORMS OF BULLYING
1) Physical bullying-‐ unwanted physical contact like punching, pushing, shoving, kicking, slapping, Ockling, headlocks, inflicOng school pranks, teasing, fighOng, and the use of available objects as weapons
2) Psychological or Emo'onal Bullying 3) Bullying by Slander
4) Cyber-‐bullying
5) Other forms of bullying as may be provided in the school policy.
NO TO CYBER BULLYING!!!
SOCIAL BULLYING
GENDER-‐BASED BULLYING
THE DEFINITION IS NOT
RESTRICTIVE
General Concept:
Power Imbalance
Superiority
Humilia5on and Ridicule Coercion and Suppression
Situs of Bullying Bullying is prohibited at the following: a. School grounds b. Property immediately adjacent to school
grounds c. School-‐sponsored or school-‐related acOviOes,
funcOons or programs whether on or off school grounds;
d. School bus stops;
e. School buses or vehicles owned, leased or used by the school;
f. School buses or school services privately owned but accredited by the school. (Sec. 5, Rule IV, IRR)
Authority of the School Against Bullying
• “Xxx there are instances when the school might be called upon to exercise its power over its student or students for acts commiMed outside the school and beyond school hours in the following:
• a) In cases of violaOons of school policies or regulaOons occurring in connecOon with a school sponsored acOvity off-‐campus; or
• b) In cases where the misconduct of the student involves his status as a student or affects the good name or reputaOon of the school.” (Angeles vs. Sison)
“Bullying”
1. Those commiMed by a student to another student; AND
2. CommiMed within the school premises; or within the jurisdicOon of the school to impose discipline.
Cast of Characters in Bullying Incidents
Bully-‐refers to any student who commits acts of bullying as defined by the law and IRR
Bullied or VicOm-‐ refers to any student who experiences the acts of bullying or retaliaOon as defined by the law and IRR
Bystander-‐ refers to any person who witnesses or has personal knowledge of any actual or perceived acts or incidents of bullying or retaliaOon as defined by the IRR.
Schools-‐ private schools operaOng kindergarten, elementary, and secondary educaOon programs.
Higher EducaOon InsOtuOons are not covered.
Service Provider-‐ refers to any person who is not a teacher or school personnel but who works in the school, such as, but not limited to, security guards, canteen personnel, uOlity workers, and transportaOon service personnel.
ObligaOons of the ParOes Students in General: a. ParOcipate and cooperate in all prevenOon,
intervenOon, and other measures related to bullying implemented by the school;
b. Avoid or refrain from any act of bullying;
c. Intervene to protect the vicOm, unless it will jeopardize his safety and security;
d. Report to school authoriOes incidents of bullying.
Bully-‐ comply with the intervenOon and prevenOon programs of the school and submit to due process of the school as part of disciplinary acOon.
Bullied or VicOm-‐ Not to retaliate; report his experience; be circumspect in his claims against the alleged bully;
• Bystander-‐ promptly report cases of bullying, that which he witnessed or has personal knowledge of, to the teacher, guidance coordinator or counsellor, or any person or school authoriOes.
SupporOng ParOes
Parents-‐ parOcipate in bullying prevenOon acOviOes of the school which includes:
a) EducaOon on relevant policies; and b) Sharing of best pracOces on how to reinforce
posiOve social and emoOonal skills to the children. [ (3) a, b, Rule IV, SecOon 6. IRR]
c. Cooperate with the school authoriOes in bullying incidents involving their child/children; and d. Not to take maMers into their own hands in resolving bullying incidents.
Teachers and Other School Personnel: a. ParOcipate and cooperate in all prevenOon,
intervenOon, and other measures related to bullying by the school;
b. Report incidents of bullying; c. Update himself/herself on detecOon and
proper handling of bullying incidents;
d. Be objecOve and handle incidents with due consideraOon of confidenOality and tender age of students involved; e. Coordinate closely with the Child ProtecOon CommiMee of the school; and
f. Observe diligence in the prevenOon of bullying cases in student acOviOes he/she is directly in charge of.
• Service Providers-‐ ensure coordinaOon with school authoriOes in the maMer of reporOng and immediate responses to incidents of bullying.
ObligaOons of Private Schools under the Law & IRR
1) Adopt AnO-‐Bullying Policies; 2) Adopt IntervenOon and PrevenOon Programs;
3) Create an AnO-‐Bullying CommiMee in relaOon to the Child ProtecOon CommiMee under DepEd Order No. 40, S. of 2012. (Sec. 9, Rule VI, IRR);
4) Submit to the monitoring of DepEd on compliance with the IRR;
5) Keep records and staOsOcs of bullying incidents;
6) Observe due process in Disciplinary Measures involving incidents of bullying;
7) IniOate and conduct training and development programs and acOviOes that provide opportuniOes for administrators, teachers, school personnel, teachers, service providers, and other stakeholders to enhance their knowledge and skills in prevenOng and responding to incidents of bullying or retaliaOon.
AnO-‐Bullying CommiMee
ComposiOon: 1. School Head/Administrator as the Chair
2. Guidance Counselor/Teacher as V-‐Chair 3. Rep. of Teachers 4. Rep. of the Parents 5. Student representaOve 6. RepresentaOve from the Community
(OpOonal).
AdopOon of: Procedure/System on Immediate Responses
ReporOng System
IntervenOon Programs
Referral System
Disciplinary Measures
Minimum Requirements of Procedural Due Process in Student Disciplinary Proceedings:
1. The students must be informed in wriOng of the nature and cause of any accusaOon against them;
2. They shall have the right to answer the charges against them, with assistance of counsel if desired;
3. They shall be informed of the evidence against them;
4. They shall have the right to adduce evidence in their own behalf; and
5. The evidence must be considered by the invesOgaOng commiMee or official designated by the school authoriOes to hear and decide the case. (De Guzman vs. NU 142 SCRA 699)
NoOce
Disciplinary proceedings are administraOve in nature. As such it is not subject to the rigorous requirements of criminal due process parOcularly with respect to specificaOon of the charge involved. Disciplinary charges need not be drawn with the precision of a criminal informaOon or complaint. (ADMU vs. Capulong 222 SCRA 644)
Right to Counsel is NOT indispensable. Cross-‐examinaOon of witness/es is not necessary.
“GranOng that they were denied such opportunity, the same may not be said to detract from the observance of due process, for disciplinary cases involving students need not necessarily include the right to cross-‐examinaOon. XXX it need not be clothed with the aMributes of a judicial proceeding.”
(ADMU vs. Capulong)
Exclusive JurisdicOon on Bullying Incidents
Complaints of bullying and other acts under this IRR shall be within the exclusive jurisdicOon of the DepEd or the private school and shall not be brought for amicable seMlement before the Barangay, subject to exisOng laws, rules, and regulaOons. Complaints for acts covered by other laws shall be referred to appropriate authoriOes. (Sec. 10, A, Rule VI, IRR)
Effect of Criminal AcOon
“The pendency or dismissal of the criminal acOon does not abate the administraOve proceeding, which involves the same cause of acOon. The administraOve acOon before the school authoriOes can proceed independently of the criminal acOon because these two acOons are based on different consideraOon.
In the former, the suitability and propriety of the student which is the paramount concern and interest of the school is involved, while in the laMer, what is at stake is the responsibility of a ciOzen to obey penal statutes and the primary concern of the state.” (Angeles vs. Sison, 112 SCRA 26)
LiabiliOes for Non-‐Compliance
School Personnel-‐ breach of confidenOality (Sec. 11, IRR) and non-‐compliance with the requirements of the Law and the IRR shall be subject to appropriate disciplinary acOons as may be imposed by the private school (Sec. 14.2, IRR).
Private Schools-‐ may be subject to administraOve sancOons such as suspension or even revocaOon of its permit or recogniOon.
LiabiliOes under Family Code • Art. 218. The school, its administrators and teachers, or the individual, enOty or insOtuOon engaged in child care shall have special parental authority and responsibility over the minor child while under their supervision, instrucOon or custody.
• Authority and responsibility shall apply to all authorized acOviOes whether inside or outside the premises of the school, enOty or insOtuOon.
• Art. 219. Those given the authority and responsibility under the preceding ArOcle shall be principally and solidarily liable for damages caused by the acts or omissions of the unemancipated minor. The parents, judicial guardians or the persons exercising subsOtute parental authority over said minor shall be subsidiarily liable.
LiabiliOes under the Civil Code
• Art. 2176. Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no pre-‐exis'ng contractual rela'on between the par'es, is called a quasi-‐delict and is governed by the provisions of this Chapter.
• Art. 2180. The obliga'on imposed by Ar'cle 2176 is demandable not only for one's own acts or omissions, but also for those of persons for whom one is responsible.
• Xxx. Lastly, teachers or heads of establishments of arts and trades shall be liable for damages caused by their pupils and students or appren'ces, so long as they remain in their custody.
How to Avoid LiabiliOes?
All these respec've liabili'es shall not apply if it is proved that the school has exercised the proper diligence required under the par'cular circumstances.
InsOtuOons of learning must also meet the implicit or "built-‐in" obligaOon of providing their students with an atmosphere that promotes or assists in aMaining its primary undertaking of imparOng knowledge.
Certainly, no student can absorb the intricacies of physics or higher mathemaOcs or explore the realm of the arts and other sciences when bullets are flying or grenades exploding in the air or where there looms around the school premises a constant threat to life and limb. Necessarily, the school must ensure that adequate steps are taken to maintain peace and order within the campus premises and to prevent the breakdown thereof. (PSBA vs. CA)
