Transcript File - Department of Education, division of CAMARINES

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, selfreliance, 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
The School Head shall issue a decision in writing,
stating the facts and the reasons for the decision.
7.
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
evidence against them;
of
the
Procedural Due Process
they shall have the right to adduce
evidence in their own behalf; and
4.
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
Bullying
the 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 Infraction In 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
Penalty
Duration
Disciplining
Authority
Appropriate
Minor offense and
School
reasonable
officials
disciplinary
measure
First offense or Suspension Not exceeding Principal
NOT Serious
Offense
3 days
Requirement
Not cruel or
physically
harmful
punishment
parents must be
informed of
any misconduct
on the part of
their children
for which
disciplinary
action is
necessary
Cont.
Nature of Penalty
offense
Duration
Disciplining
Authority
Requirement
Serious
Principal
days but NOT subject to
longer than 1
approval of
year
SDS
Due process.
Written
promise of
exemplary
conduct
offense or
persistent
offender
Serious
offense
Suspension Exceeding 3
Suspension 1 year or
or
longer
exclusion
Secretary
Due
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
property of pupils/students
of
the
personal
"A school without discipline is
like a mill without water.“
Bohemian proverb
thank you!
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