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.
that others can see their way out of
the dark.
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
:[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.
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.
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.
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.
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:
- 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:
- Keep them in their company and support, educate and instruct them by right precept and good example;
- Give them love and affection, advice and counsel, companionship and understanding;
- Enhance, protect, preserve and maintain their physical and mental health at all times;
- 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;
- Represent them in all matters affecting their interests;
- Inculcate the value of respect and obedience;
- 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;
- Perform such other duties as are imposed by law upon them, as substitute parents or guardians; and
- 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 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)”
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.
