TEACHING BAD (Yes, a Teacher Can Be Held Liable For Humiliating A Student)

By Siesta-friendly

When teachers are the bullies, it is not bullying, it is ABUSE …
and should not be tolerated!

Recently, a high school senior committed suicide after being allegedly “bullied” by his teacher.

Nothing can match the heartbreak knowing that someone has hurt a child.  The devastation is unspeakable when the hurt child loses his life as a result. 

After reading insensitive and condemnatory online comments against the student and his family for considering filing charges against his teacher, we have to say that “condemnation without investigation is the height of ignorance” [unknown origin].  But we digress.

Based on Merriam-Webster online, “bully” is defined as -

Bully    :  [noun] one habitually cruel to others who are weaker
              :[verb] to frighten, hurt, or threaten (a smaller or weaker person)
            : [verb] to cause (someone) to do something by making threats or insults or by using
            force

Thus, a teacher who humiliates, insults, threatens, or hurts a student is a bully; not to mention someone who is acting in abuse of his/her authority.

If we begin by choosing to value that both ourselves and our students have a HUMAN DIGNITY,

then we have a COMMON GROUND to establish a LEARNING RELATIONSHIP.

- Dale Knepper

It is distressing that despite the 25th anniversary this year of the Convention on the Rights of the Child (CRC), those in society who are given the custody and care of children are still lacking much in awareness, sensitivity and concern that, as the CRC’s Preamble states, children are “entitled to special care and assistance”, should be raised in an “atmosphere of happiness, love and understanding”, and, “by reason of [their] physical and mental immaturity, [need] special safeguards and care”.

And we are not exactly lacking in laws, rules and regulations made especially for the welfare of children and specifically applicable to teachers (and schools) regarding their roles towards their students: the Constitution, the Family Code, the Civil Code, the Anti-Bullying Act, and DepEd Order No. 40 s. 2012.

TEACHERS: Let your light shine so brightly

that others can see their way out of the dark.

 1987 Constitution

The 1987 Constitution specifically provides, under Section 3 (2) of Article XIV (EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS), that all educational institutions shall “foster love of humanity, respect for human rights, … strengthen ethical and spiritual values, develop moral character and personal discipline“.

Bullying, as specifically addressed in the Anti-Bullying Act of 2013, includes causing emotional damage and distress.

Dear Teacher: the child that you like least
is probably the child who needs you the most.  

Anti-Bullying Act of 2013

Included in the definition of bullying in Sec. 2 of R.A. 10627 (“An Act Requiring All Elementary And Secondary Schools To Adopt Policies To Prevent And Address The Acts Of Bullying In Their Institutions” or the  “Anti-Bullying Act of 2013”) is –

“materially and substantially disrupting the education process or the orderly operation of a school; such as, but not limited to, the following:

xxx

a.      Any act that causes damage to a victim’s psyche and/or emotional well-being;

b.      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

xxx”

Complaints of bullying and other acts shall be within the exclusive jurisdiction of the DepEd or the private school and shall not be brought for amicable settlement before the Barangay, subject to existing laws, rules and regulations. Complaints for acts covered by other laws shall be referred to the appropriate authorities. (Section 10.A)

While defining child abuse to include psychological abuse and emotional maltreatment, DepEd Order No. 40 s. 2012 also considers causing mental or emotional suffering as violence committed on a child.

“School should be a safe place for all students to learn and play

and it is the job of each teacher and administrator to ensure that safety.”

DepEd Child Protection Policy

Pursuant to Section 3 (2), Article XIV of the Constitution and the Convention on the Rights of the Child, the Department of Education issued DepEd Order No. 40 s.2012, the “DepEd Child Protection Policy” (or the “Policy and Guidelines on Protecting Children in School from Abuse, Violence, Exploitation, Discrimination, Bullying and Other Forms of Abuse”). 

Under Sec. 3.I, “[C]hild abuse refers to the maltreatment of a child, whether habitual or not, which includes any of the following:

1)      psychological or physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment;

2)      any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as a human being;

xxx”

In addition, Section 3.L states that “[v]iolence against children committed in schools refers to a single act or a series of acts committed by school administrators, academic and non-academic personnel against a child, which result in or is likely to result in physical, sexual, psychological harm or suffering, or other abuses including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty. It includes, but is not limited to, the following acts:

xxx

3.      Psychological violence refers to acts or omissions causing or likely to cause mental or emotional suffering of the child, such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, deduction or threat of deduction from grade or merit as a form of punishment, and repeated verbal abuse.

4.      Other acts of violence of a physical, sexual or psychological nature that are prejudicial to the best interest of the child.“

We note that Sec. 3.P sets the following guidelines for educators -

“Positive and Non-Violent Discipline of Children - is a way of thinking and a holistic, constructive and pro-active approach to teaching that helps children develop appropriate thinking and behavior in the short and long-term and fosters self-discipline.  It is based on the fundamental principle that children are full human beings with basic human rights.  Positive discipline begins with setting the long-term goals or impacts that teachers want to have on their students’ adult lives, and using everyday situations and challenges as opportunities to teach life-long skills and values to students

While Sec. 8 emphasizes the “Duties and Responsibilities of School Personnel” as follows:

“Article 218 of the Family Code of the Philippines provides the following responsibilities of school administrators, teachers, academic and non- academic and other personnel:

1. Exercise special parental authority and responsibility over the child while under their supervision, instruction and custody. Authority and responsibility shall apply to all authorized activities whether inside or outside the premises of the school, entity or institution.

Articles 220 and 233 of the Family Code of the Philippines, Presidential Decree No. 603, and other related laws enumerated the following duties and responsibilities of the abovementioned persons and personnel over the children under their supervision, instruction and custody:

2. Keep them in their company and support, educate and instruct them by right precept and good example;
3. Give them love and affection, advice and counsel, companionship and understanding;
4. Enhance, protect, preserve and maintain their physical and mental health at all times;
5. Furnish them with good and wholesome educational materials, supervise their activities, recreation and association with others, protect them from bad company and prevent them from acquiring habits detrimental to their health, studies and morals;
6. Represent them in all matters affecting their interests;
7. Inculcate the value of respect and obedience;
8. Practice positive and non-violent discipline, as may be required under the circumstances; provided, that in no case shall corporal punishment be inflicted upon them;
9. Perform such other duties as are imposed by law upon them, as substitute parents or guardians; and
10. School personnel shall also strictly comply with the school’s child protection policy.“

Finally, under Section 20, “[a] complaint for child abuse, violence, exploitation or discrimination in a private school shall be filed with the School Head/Chief Executive Officer and shall be acted upon pursuant to the school’s rules of procedures on administrative cases. The penalty shall be that which is provided by the rules of the school, subject to the requirements of due process. The administrative case shall be without prejudice to any civil or criminal case that may be filed.” [emphasis supplied]

The best part of teaching is that it matters.
The hardest part of teaching is that every moment matters, every day.
– Todd Whitaker

Family Code

The Ant-Bullying Act and DepEd Order No. 40 s. 2012 cited above are specifically applicable to primary and secondary school students, regardless of age.

The following Family Code (E.O. 209) provisions on Parental Authority apply to unemancipated minors –

“Art. 220. The parents and those exercising parental authority shall have with the respect to their unemancipated children on wards the following rights and duties:

(1)   To keep them in their company, to support, educate and instruct them by right precept and good example, and to provide for their upbringing in keeping with their means;

(2)   To give them love and affection, advice and counsel, companionship and understanding;

(3)   To provide them with moral and spiritual guidance, inculcate in them honesty, integrity, self-discipline, self-reliance, industry and thrift, stimulate their interest in civic affairs, and inspire in them compliance with the duties of citizenship;

(4)   To furnish them with good and wholesome educational materials, supervise their activities, recreation and association with others, protect them from bad company, and prevent them from acquiring habits detrimental to their health, studies and morals;

(5)   To represent them in all matters affecting their interests;

(6)   To demand from them respect and obedience;

(7)   To impose discipline on them as may be required under the circumstances; and

(8)   To perform such other duties as are imposed by law upon parents and guardians. (316a)”

Those exercising parental authority include teachers pursuant to Art. 218 and 233 –

“Art. 218. The school, its administrators and teachers, or the individual, entity or institution engaged in child are shall have special parental authority and responsibility over the minor child while under their supervision, instruction or custody.

Authority and responsibility shall apply to all authorized activities whether inside or outside the premises of the school, entity or institution. (349a)

xxx

Art. 233. The person exercising substitute parental authority shall have the same authority over the person of the child as the parents.

In no case shall the school administrator, teacher of individual engaged in child care exercising special parental authority inflict corporal punishment upon the child. (n)”

… what you say and do to other people in your life holds power –

the power to lift someone from the depths of darkness,

or rip them to shreds.
- Kate Walton

Civil Code

But even without legal provisions focused solely on the welfare of students and minors, our laws recognize that there are certain acts, though not deemed criminal, are actionable nonetheless because they have caused damage.  Some of these are acts are called quasi-delicts and are covered by the Civil Code -

“Article 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-existing contractual relation between the parties, is called a quasi-delict and is governed by the provisions of this Chapter.”

Children have distinct needs and rights; and because of their age and immaturity, children need special protection.  We have the laws to protect children and their human rights.  We need to make sure everyone in society – especially those with parental authority over children – knows and observes them and are appropriately punished for breaking them.  We adults should know better and need to step up.

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BULLISH ON ANTI-BULLYING: Anti-Bullying Act of 2013

By Siesta-friendly

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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