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, self-
reliance, 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
7. The School Head shall issue a decision in writing,
stating the facts and the reasons for the decision.
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 of the
evidence against them;
Procedural Due Process
4. they shall have the right to adduce
evidence in their own behalf; and
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
Requirement
Minor offense
Appropriate
and
reasonable
disciplinary
measure
School
officials
Not cruel or
physically
harmful
punishment
First offense or
NOT Serious
Offense
Suspension Not exceeding
3 days
Principal parents must be
informed of
any misconduct
on the part of
their children
for which
disciplinary
action is
necessary
Cont.
Nature of
offense
Penalty Duration Disciplining
Authority
Requirement
Serious
offense or
persistent
offender
Suspension Exceeding 3
days but NOT
longer than 1
year
Principal
subject to
approval of
SDS
Due process.
Written
promise of
exemplary
conduct
Serious
offense
Suspension
or
exclusion
1 year or
longer
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 of the personal
property of pupils/students
"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

school_discipline.ppt

  • 1.
    STUDENT DISCIPLINE ATTY. JOYLYNP. DULNUAN Head, Legal and Investigation Unit National Capital region
  • 2.
    Authority to maintainschool 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.
  • 3.
    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)
  • 4.
    Source of Authority FamilyCode 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)
  • 5.
    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, self- reliance, industry and thrift, stimulate their interest in civil affairs, and inspire in them compliance with the duties of citizenship.
  • 6.
    Family Code To demandfrom them respect and obedience To impose discipline on them as may be required under the circumstances
  • 7.
    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.
  • 8.
    Discipline  The practiceof 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. 
  • 9.
    Imposition of DisciplinaryAction  School officials shall have the right to impose appropriate and reasonable disciplinary measures in case of offenses or infractions of good discipline.
  • 10.
    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)
  • 11.
    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
  • 12.
    PROCEDURES BULLYING INCIDENTS  ImmediateResponses -stop the bullying -separate the students -remove the victim -safety of the victim -reporting to Guidance Office
  • 13.
    PROCEDURES  Reporting tothe School Head  Filling up of the Intake Sheet  Investigation/Inquiry -The School Head shall designate school personnel/committee to conduct inquiry
  • 14.
    Procedures 1. The studentand 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.
  • 15.
    Procedures 5. Determine thelevel 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
  • 16.
    Procedures 7. The SchoolHead shall issue a decision in writing, stating the facts and the reasons for the decision. 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.
  • 17.
    PROCEDURES The same proceduresshall 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.
  • 18.
    Due Process inStudent Proceedings “The imposition of disciplinary sanctions requires observance of procedural due process” Guzman vs. National University 142 SCRA 699
  • 19.
    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 of the evidence against them;
  • 20.
    Procedural Due Process 4.they shall have the right to adduce evidence in their own behalf; and 5. the evidence must be duly considered by the investigating committee or official designated by the school authorities to hear and decide the case.
  • 21.
    RULES IN THEIMPOSITION 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)
  • 22.
    RULES IN THEIMPOSITION 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.
  • 23.
    PENALTIES Bullying the SHshall 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
  • 24.
    Other Forms OfInfraction  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
  • 25.
  • 26.
    IMPOSABLE PENALTY Nature of Offense PenaltyDuration Disciplining Authority Requirement Minor offense Appropriate and reasonable disciplinary measure School officials Not cruel or physically harmful punishment First offense or NOT Serious Offense Suspension Not exceeding 3 days Principal parents must be informed of any misconduct on the part of their children for which disciplinary action is necessary
  • 27.
    Cont. Nature of offense Penalty DurationDisciplining Authority Requirement Serious offense or persistent offender Suspension Exceeding 3 days but NOT longer than 1 year Principal subject to approval of SDS Due process. Written promise of exemplary conduct Serious offense Suspension or exclusion 1 year or longer Secretary Due process
  • 28.
    Prohibited Penalty  CorporalPunishment  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 of the personal property of pupils/students
  • 29.
    "A school withoutdiscipline is like a mill without water.“ Bohemian proverb
  • 30.
  • 31.
    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
  • 32.
    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
  • 33.
    WHAT TO AVOID Appearanceof partiality by-  listening  Being non-judgmental  Staying calm/tolerant  Maintaining confidentiality