The Anti-Bullying Act of 2013 (R.A. 10627) was just signed into law last month. The title of the Act “An Act Requiring All Elementary And Secondary Schools To Adopt Policies To Prevent And Address The Acts Of Bullying In Their Institutions” is telling in that anti-bullying is legally proscribed only at the elementary and secondary levels.
Bullying, definition
Anyway, the definition of bullying under the Act seems to
be all-encompassing, covering physical and emotional harm, and including in its
scope bullying via written, verbal or electronic means.
Bullying is defined as -
“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 combination thereof, directed at another student that
has the effect of actually causing or placing the latter in reasonable fear of
physical or emotional harm or damage to his property; creating a hostile
environment at school for the other student; infringing on the rights of the
other student at school; or materially and substantially disrupting the
education process or the orderly operation of a school; such as, but not
limited to, the following:
a. Any unwanted physical contact
between the bully and the victim like punching, pushing, shoving, kicking,
slapping, tickling, headlocks, inflicting school pranks, teasing, fighting and
the use of available objects as weapons;
b. Any act that causes damage to a
victim’s psyche and/or emotional well-being;
c. Any slanderous statement or
accusation that causes the victim undue emotional distress like directing foul
language or profanity at the target, name-calling, tormenting and commenting
negatively on victim’s looks, clothes and body; and
d. Cyber-bullying or any bullying
done through the use of technology or any electronic means. (Sec. 2)
Required Anti-Bullying Policies
Of course, the Act doesn’t stop
at defining the prohibited acts but also requires schools to “adopt policies to address the
existence of bullying in their respective institutions. Such policies shall be
regularly updated and, at a minimum, shall include provisions which:
(a) Prohibit the following acts:
(1) Bullying on school grounds;
property immediately adjacent to school grounds; at school-sponsored or
school-related activities, functions or programs whether on or off school
grounds; at school bus stops; on school buses or other vehicles owned, leased
or used by a school; or through the use of technology or an electronic device
owned, leased or used by a school;
(2) Bullying at a location, activity,
function or program that is not school-related and through the use of
technology or an electronic device that is not owned, leased or used by a
school if the act or acts in question create a hostile environment at school
for the victim, infringe on the rights of the victim at school, or materially
and substantially disrupt the education process or the orderly operation of a
school; and
(3) Retaliation against a person who
reports bullying, who provides information during an investigation of bullying,
or who is a witness to or has reliable information about bullying;
(b) Identify the range of disciplinary
administrative actions that may be taken against a perpetrator for bullying or
retaliation which shall be commensurate with the nature and gravity of the
offense: Provided, That, in addition to the disciplinary sanctions imposed upon
a perpetrator of bullying or retaliation, he/she shall also be required to
undergo a rehabilitation program which shall be administered by the institution
concerned. The parents of the said perpetrator shall be encouraged by the said
institution to join the rehabilitation program;
(c) Establish clear procedures and
strategies for:
(1) Reporting acts of bullying or
retaliation;
(2) Responding promptly to and
investigating reports of bullying or retaliation;
(3) Restoring a sense of safety for a
victim and assessing the student’s need for protection;
(4) Protecting from bullying or
retaliation of a person who reports acts of bullying, provides information
during an investigation of bullying, or is witness to or has reliable
information about an act of bullying; and
(5) Providing counseling or referral
to appropriate services for perpetrators, victims and appropriate family
members of said students;
(d) Enable students to anonymously
report bullying or retaliation: Provided, however, That no disciplinary
administrative action shall be taken against a perpetrator solely on the basis
of an anonymous report;
(e) Subject a student who knowingly
makes a false accusation of bullying to disciplinary administrative action;
(f) Educate students on the dynamics
of bullying, the anti-bullying policies of the school as well as the mechanisms
of such school for the anonymous reporting of acts of bullying or retaliation;
(g) Educate parents and guardians
about the dynamics of bullying, the anti-bullying policies of the school and
how parents and guardians can provide support and reinforce such policies at
home; and
(h) Maintain a public record of
relevant information and statistics on acts of bullying or retaliation in
school: Provided, That the names of students who committed acts of bullying or
retaliation shall be strictly confidential and only made available to the
school administration, teachers directly responsible for the said students and
parents or guardians of students who are or have been victims of acts of
bullying or retaliation.” (Sec. 3)
Implementation of
Anti-Bullying Policies
So how is the actual act of bullying addressed? Here’s the
procedure:
“Any member of the school
administration, student, parent or volunteer shall immediately report any
instance of bullying or act of retaliation witnessed, or that has come to one’s
attention, to the school principal or school officer or person so designated by
the principal to handle such issues, or both. Upon receipt of such a report,
the school principal or the designated school officer or person shall promptly
investigate. If it is determined that bullying or retaliation has occurred, the
school principal or the designated school officer or person shall:
a) Notify the law enforcement agency
if the school principal or designee believes that criminal charges under the
Revised Penal Code may be pursued against the perpetrator;
b) Take appropriate disciplinary
administrative action;
c) Notify the parents or guardians of
the perpetrator; and
d) Notify the parents or guardians of
the victim regarding the action taken to prevent any further acts of bullying or
retaliation.
If an incident of bullying or
retaliation involves students from more than one school, the school first
informed of the bullying or retaliation shall promptly notify the appropriate
administrator of the other school so that both may take appropriate action.”
(Sec. 4)
Other
responsibilities
All elementary and secondary schools shall provide
students and their parents or guardians a copy of the anti-bullying policies
being adopted by the school. Such policies shall likewise be included in the
school’s student and/or employee handbook and shall be conspicuously posted on
the school walls and website, if there is any. (Sec. 3)
All schools shall inform their respective schools division
superintendents in writing about the anti-bullying policies formulated within
six (6) months from the effectivity of the Act. Such notification shall
likewise be an administrative requirement prior to the operation of new
schools. (Sec. 5)
Beginning with the school year after the effectivity of
the Act, and every first week of the start of the school year thereafter,
schools shall submit a report to their respective schools division
superintendents all relevant information and statistics on acts of bullying or
retaliation. The schools division superintendents shall compile these data and
report the same to the Secretary of the DepED who shall likewise formally
transmit a comprehensive report to the Committee on Basic Education of both the
House of Representatives and the Senate. (Sec. 5)
The Department of Education (DepED) shall include in its
training programs, courses or activities which shall provide opportunities for
school administrators, teachers and other employees to develop their knowledge
and skills in preventing or responding to any bullying act. (Sec. 3)
Penalties for Noncompliance
Unfortunately, the law has left it to the Secretary of the
DepED “to prescribe the appropriate administrative sanctions on school
administrators who shall fail to comply with the requirements under this Act.” The
only possible penalty under the law is that “erring private schools shall
likewise suffer the penalty of suspension of their permits to operate.” (Sec.
6)
Merriam-Webster
defines a bully as one who frightens, threatens or insults another or one who
treats another abusively. Bullies are everywhere, not just in the elementary
and secondary levels. Despite the scope of the Act being
limited to only the elementary and secondary levels, we hope other
school levels – and even government and corporate entities - can be inspired,
influenced and guided by this Act so they may set the appropriate policies and
procedures to prevent, address, and punish bullies.
Apart
from bullies, we should also look out for their enablers like parents who
tolerate or allow their children to bully others, or parents who defend their
children’s bullying. Remember the father who reportedly slapped, threatened and
poked a gun at a high school senior bullied by his own son (inside the Colegio
de San Agustins Head Teacher’s Office no less).
It is strikingly sad and necessary that the
State has to step in to make children behave humanely as parents fail in making
sure they do. But bullying has
devastating (even fatal) effects that we cannot be dependent on the weakness of
families for failing to rear their children in fostering even a basic human value
like respect.
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