School Discipline in Public Schools

& Conflict Management and

Resolution

Atty. JOSE MARIO M. MACARILAY

OVERVIEW Legal Bases Teacher’s Liability Students’ Rights School Liability

Legal Bases 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.”

Imposition of Disciplinary Action School officials and teachers shall

have the right to impose appropriate and reasonable disciplinary measures in case of minor offenses or infractions of good discipline. However, no cruel or physically harmful punishment shall be imposed or applied against any pupil or student.

Special Parental Authority

Article 218, Family Code“The school, its administrators, and teachers shall have special parental authority and responsibility over the minor child under their supervision, instruction or custody.”

Family Code (Article 218)

“Special Parental Authority and responsibility of the school shall apply to all authorized activities whether inside or outside the premises of the school…”

Discipline Outside the School

Q: Does the school have authority to impose discipline for offenses committed outside the school?

Angeles v. Sison (112 SCRA 26)

Two FEU students assaulted a professor in a restaurant outside the university premises. The school imposed disciplinary sanctions against them.

Discipline Outside the School

“Common sense dictates that the school retains its power to compel its students in or off-campus to a norm of conduct compatible with their standing as members of the academic community.”

Test of School’s Right “The true test of a school's right to

discipline a student for a misconduct committed outside the school is not the time or place of the offense..”

“but its effect upon the morale and efficiency of the school and whether it, in fact, is adverse to the school's good order, welfare and the advancement of its students.”

When may it apply? 1. In cases of violations of school

policies or regulations occurring in connection with a school-sponsored activity off-campus;

2. In case where the misconduct of the student involves his status as a student or affects the good name or reputation of the school.

TEACHERS’ LIABILITY Vicarious Liability Basis of Teacher’s

Liability School Custody How to Avoid

Liability

VICARIOUS LIABILITY Where a person is not only liable

for damages committed by himself.

But also for damages committed by others with whom he has a certain relationship and for whom he is responsible (Tamargo v. CA, 209 SCRA 518)

Basis for Teacher’s Liability

Article 2180, Civil Code: “Teachers or heads of establishment

of arts and trade shall be liable for damages caused by their pupils and students or apprentices, so long as they remain in their custody.”

Who are liable?

The School AND the Administrators AND the teacher concerned are solidarily liable.

When is a student in school custody?

When he is inside the school premises in pursuance of a legitimate student objective.

When he is outside the school in the exercise and enjoyment of a student right or privilege.

Is the School still liable even during school breaks?

The case of Amadora v. CA Alfredo Amadora was shot dead by his

classmate, Pablito Daffon inside the school auditorium of Colegio de San Jose-Recoletos, Cebu.

Incident happened during semester break. Amadora went to school to submit his Physics report.

Why was the school made liable?

“The student is in the custody of the school authorities as long as he is under the control and influence of the school and within its premises, whether the semester has not yet begun or has already ended.”

How about if the student is already of age? The case of Palisoc vs. Brilliantes

[1971] A 22 year old student accidentally

killed a 16 year old student while they were exchanging fist blows inside the Manila Technical Institute;

The teacher and the school head were held solidarily liable with the offender.

Why were they held liable? “The protective custody of the school

heads and teachers is mandatorily substituted for that of the parents.”

“It is their obligation to provide proper supervision of the students' activities during the whole time that they are at school, including recess time”

Even if it was an accident? The school head and the teacher in

charge were obligated to take the necessary precautions to protect the students from dangers and hazards that would reasonably be anticipated.

Including injuries that some students themselves may inflict willfully or through negligence on their fellow students.

Why are teacher’s held liable? “The teacher will be held liable as the

law does not require that the offending student be of minority age.”

“Unlike the parent, who will be liable only if his child is still a minor, the teacher is held answerable by the law for the act of the student under him regardless of the student's age.”

Are teachers always liable? NO. They are only held liable if

they are proven to be negligent. The negligence must likewise be

proven to be the proximate cause of the damages suffered.

Teachers cannot be held liable if they exercised due diligence (of a good father of a family).

School is liable even if the offenders are outsiders.

The case of PSBA v. CA, 205 SCRA 729 [1992]

Carlitos Bautista was stabbed to death by outsiders while he was at the 2nd floor of the PSBA building.

The school was held liable.

Why is the school liable?

Contract for an atmosphere conducive to learning. – “Institutions of learning must meet the implicit or "built-in" obligation of providing their students with an atmosphere that promotes or assists in attaining its primary undertaking of imparting knowledge.”

Why is the school responsible for security?

“Certainly, no student can absorb the intricacies of physics or higher mathematics or explore the realm of the arts and other sciences when bullets are flying or grenades exploding in the air or where there looms around the school premises a constant threat to life and limb.”

School is liable even if damage was caused by accident

The case of St. Francis School v. CA Picnic in the beach, not authorized by the

school but had some teachers. Two students accidentally drowned. School is liable.

The presence of teachers legitimized the activity.

Teacher is liable if he signs the letter for the

activity. UST vs. Divina (2000 case) The LM Society held their annual

assembly at a beach in Batangas. Atty. Divina, as Adviser, signed the

letter addressed to the parents but he did not attend the event.

An alleged RAPE occurred.

UST v. Divina The alleged victim filed a criminal case

against 4 of her classmates and a civil case against Atty. Divina and UST.

The criminal case was dismissed because the fiscal found out that the girl consented.

Civil Case dismissed as against UST. Atty. Divina was terminated and

perpetually disqualified to teach.

How to avoid liability Diligence of a good father of

the family. Parents’ waiver (permit) Prior Notice / Disclaimer Force majeure (unforeseen,

inevitable) Cessation of special parental

authority

STUDENTS’ RIGHTS Student Leaders Rights Outside the

School Administrative Due

Process Free Speech Free Assembly Associations Grading System

Rights of Students (outside the campus)

Villar vs. TIP (1985 case) Student leaders led a rally outside the

school but also caused disruption and boycott of classes.

The student leaders were refused enrollment in the next semester.

The students appealed on the ground of free speech and assembly.

Students’ Rights vs. Academic Freedom

“The exercise of students’ rights cannot be a basis for refusing their enrollment.”

Can you refuse enrolling a student without violating the law or DepED orders?

“However, students with academic deficiencies may be refused enrollment. This is within the school’s academic freedom.

Administrative Due Process Guzman vs. National University (1986) Student Council officers mounted an

attack against the school administration by distributing leaflets and making public speeches and rallies without any permit.

The student leaders were immediately expelled without hearing.

CARDINAL RULES OF DUE PROCESS

"(1)to be informed in writing of the nature and cause of accusation against them;

(2) the right to answer the charges against them with counsel;

(3) to be informed of the evidence against them;

(4) 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."

FREE SPEECH NOT ABSOLUTE

“The right of the students to free speech in school premises, however, is not absolute. The right to free speech must always be applied in light of the special characteristics of the school environment.”[Miriam College Foundation vs. Court of Appeals, December 15, 2000]

Miriam College vs. C.A. Chi-Ro (school paper, Sept.-Oct ’94) “Libog at iba pang mga tula” Parents and students complained The school, after investigation,

expelled some staff members and suspended others.

Q: May campus journalists be punished as a result of what they had published?

The nature of the articles

Kaskas, written in Tagalog, treats of the experience of a group of young, male, combo players who went to see a bold show in a place called "Flirtation". The articles described in detail the group sex that followed.

In the foreword which the students entitled "Foreplay", the students justified the Magazine's erotic theme arguing: “hindi ito garapal” and ending:"Dahil para saan pa ang libog kung hindi ilalabas?"

Campus Journalists not Immuned

The Supreme Court affirmed the expulsion.

“Section 7 of the Campus Journalism Act means that the school cannot suspend or expel a student solely on the basis of the articles he or she has written, except when such article materially disrupt class work or involve substantial disorder or invasion of the rights of others.”

Right to Free Expression

Case of Political Science Forum vs. UST Some students were suspended for not

wearing school uniforms. The students sued UST on the ground that the uniform policy violates their right to free expression.

The RTC of Manila dismissed the case on the ground that students were free to enter any other university. Once they are admitted, they must abide by reasonable school policies.

Right to Form Associations

The right of students to form associations not contrary to law cannot be abridged. (Sec. 8, Art. III, 1987 Constitution)

The school cannot prohibit fraternities nor penalize members thereof, unless they commit some violation of law [i.e. hazing].

These organizations may be regulated thru the school’s system of accreditation.

Hazing in Fraternities Case of Ateneo de Manila v.

Capulong(1993) Ateneo law students, members of Aquila

Legis fraternity, engaged in hazing causing the death of Leny Villa.

The students involved were refused admission in the next semester although no criminal case was filed against them.

Is the school correct?

Is the penalty correct? Yes. Hazing, as a ground for disciplining

a student, is justified by the increasing frequency of injury, even death, inflicted upon the neophytes by their insensate "masters."

Thus, it passes the test of reasonableness and absence of malice on the part of the school authorities.

Grading System “The final grade of a student in a

given subject should be based solely on his scholastic performance.”

May honors be denied for misconduct?

Ledesma vs. CA and Delmo [1988] Violeta Delmo was supposed to

graduate as magna cum laude. [West Visayas College]

She was treasurer of a school club and she lent money to club members in violation of the school rules.

Jose Ledesma (school president) did not allow Delmo to graduate with honors on the ground of misconduct.

School and Teacher were held liable.

“Violeta Delmo went through a painful ordeal which was brought about by the teacher’s neglect of duty and the school’s callousness. Thus, moral damages are but proper.”

“The law is clear. The basis of a student’s grade is merit, not conduct.”

What is a grading system? What is essential is that the

students are apprised how their grades are computed and the mechanics thereof are transparent.

Liability of a Principal

“He must see to it that his own teachers, regardless of their status or position outside of the university, must comply with the rules set by the latter.”

Why not just hold the teacher liable?

““The negligent act of a teacher who fails to observe the rules of the school, for instance by not promptly submitting a student’s grade, is not only imputable to the teacher but is an act of the school.”

The END of Part I

Realities of Conflict Unavoidable / inevitable - a fact of

life Some can be prevented or

minimized Has positive and negative aspects

What is conflict? A battle, contest or opposing

forces between primitive desires and moral, religious or ethical values

A state of incompatibility of ideas between two or more parties or individuals

Conflict Defined Conflict arises when two or more

values, perspectives and opinions are contradictory in nature and have not been aligned or agreed about

Types of Conflict Within yourself if not living

according to your values When your values and

perspectives are threatened Discomfort from fear of the

unknown or from lack of fulfillment

The Nature of Conflict Frequent conflict may be healthier

than no observable conflict Happens at all stages of a relationship A critical event – impact on

relationship Positive or negative (counter

productive results, bad attitudes) Reflects group dynamics

The Nature of Conflict Critical event because:

May lead to resentment, hostility, ending of relationship

If well-handled, can be productive leading to deeper understanding, mutual respect and closeness

Success of a relationship based on how conflicts are resolved

Stages of Negative Conflict

1. Avoidance or denial stage2. Getting mad or blaming stage3. Using power and influence4. Manipulating

The Problem with Conflict Hampers productivity Lowers morale Causes more and continued

conflicts Creates inappropriate behavior

Benefits of Positive Conflict Identifies differences and benefits

from differences Addresses problems Energizes work on most important

issues Motivates people to participate Stimulates competition

“Conflict is not the problem.It is when conflict is poorly managed that is the problem.”

Conflict Management The practice of identifying and

handling conflict in a sensible, fair and efficient manner

Causes of Conflict Complexity of organizations Interaction among workers Dependence on one another

Causes of Conflict Poor communications Inadequate resources Mismatch in values and actions Leadership problems

Managing Conflict - Factors

1. Players involved2. Importance of the issues3. Emotional states4. Desired outcomes

Managing Conflict - Methods

1. Avoidance2. Accommodation3. Competing4. Compromising5. Collaborating (best option)

Conflict Management - Examples

1. Periodic review job descriptions2. Build relationships3. Do regular written status reports4. Conduct basic training5. Develop procedure for tasks and

include employee’s feedback6. Hold management meetings or

dialogues

A Rational Way toResolve Conflicts

1. Identify the problem2. Explore possible solutions3. Evaluate each alternative4. Decide on best solution5. Implement the agreed action6. Monitor the outcomes

(Repeat process)

The end.

MARAMING SALAMAT PO!