student disciplinary procedures in private schools/ institutions (philippine setting)

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Student Disciplinary Procedures in Private Schools/ Institutions (Philippine Setting) Rhea Ruto legaspi- Crispolon MaEd- EdM – PNU, Manila

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Page 1: Student Disciplinary Procedures in Private Schools/ Institutions (Philippine Setting)

Student Disciplinary Procedures in Private Schools/ Institutions(Philippine Setting)

Rhea Ruto legaspi- Crispolon MaEd- EdM – PNU, Manila

Page 2: Student Disciplinary Procedures in Private Schools/ Institutions (Philippine Setting)

Discipline – is a term used to refer to action resulting from both failure to meet scholastic standards and from infractions of rules or violations of social code.

Student Discipline – refers to the desired and/or expected norm of conduct of students and the corresponding administrative sanctions for violations thereof, as set forth in the duly approved and promulgated school rules and regulations.

Page 3: Student Disciplinary Procedures in Private Schools/ Institutions (Philippine Setting)

AUTHORITY TO DISCIPLINE: IN WHOM VESTED

Philippine Legislature Act 2706 otherwise known as the Private School Law, on the basis of which the Manual of Regulations for Private Schools has been promulgated. The Manual provides that “every school is required to maintain good school discipline” and that it “shall have the authority and prerogative to promulgate such rules and regulations as it may deem necessary from time to time effective as of the date of their promulgation unless otherwise specified”.

Page 4: Student Disciplinary Procedures in Private Schools/ Institutions (Philippine Setting)

For the Bureau of Public Schools, the source of authority to discipline is contained in the Service Manual (1912), its latest edition is 1960. The Service Manual provides that “pupil should be required to be clean, orderly, courteous and respectful, prompt, obedient, industrious and reasonably regular in attendance”.

Page 5: Student Disciplinary Procedures in Private Schools/ Institutions (Philippine Setting)

Provisions of the New Civil Code:“Art. 349. The following persons shall

exercise substitute parental authority:(2) Teachers and professors “ Art 350.( They shall exercise reasonable

supervision over the conduct of a child.(doctrine of in loco parentis)

“Art 352. The relations between the teacher and pupil, professor and student, are fixed by government regulations and those of each school or institution. In no case case corporal punishment be countenanced.

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The Civil Code of the Philippines expressly recognizes the doctrine of in loco parentis by providing that “teachers and professors shall exercise substitute parental authority” and “shall cultivate the best potentialities of the heart and mind of the pupil or student”.

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SUMMARY

Primary concern with matters which impinge upon academic achievement and standards and the personal integrity of its students.

An obligation to protect its property and the property of members of its community.

A special interest in the mental and physical health and safety of members of its community.

Page 8: Student Disciplinary Procedures in Private Schools/ Institutions (Philippine Setting)

A fundamental concern for preserving the peace for insuring orderly procedures and for maintaining student morals.

A responsibility for character development, for maintaining standards of decency and good taste, and for providing a moral climate on the campus.

A commitment to enforce its contractual obligations

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To protect its public image as an educational institution through its governing board in a nationwide community.

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WHO MAY EXERCISE AUTHORITY

In the case of the institutions under the Bureau of Public Schools, a Service Manual has been issued pursuant to Act No. 74, as amended by the Director. It says, “pupils may present petitions or protests to their teachers or higher school officials but they are subject to disciplinary measures in case of false statements , accusations or charges.

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For the Bureau of Private Schools, A Manual of Regulations for Private Schools, 7th edition was promulgated on discipline states:

Every private school is required to maintain good school discipline. No cruel or physically harmful punishment shall be imposed nor shall corporal punishment be countenanced. The school rules governing discipline and the corresponding sanctions therefore must

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Be clearly specified and defined in writing and made known to the students and/or their parents and guardians. Schools shall have the authority and prerogative to promulgate such rules and regulations as they may deem necessary from time to time effective as of the date of their promulgation unless otherwise specified.

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DELEGATION OF AUTHORITY In the private schools, their respective

governing boards, be they a Board of Regents, a Board of Trustees or Board of Directors define the broad policies on discipline and leave their detailed implementation to a committee, the Dean of Student Affairs or other college official with a machinery to handle disciplinary actions on the basis of a set of guidelines and procedures.

Page 14: Student Disciplinary Procedures in Private Schools/ Institutions (Philippine Setting)

In public schools, the principal without the prior approval of the division superintendent, may suspend a student from school from a period not to exceed three days. Where the suspension for a longer period but not exceeding one school year, the suspension should be with the prior approval of the division superintendent.

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LIMITATIONS ON THE POWER TO DISCIPLINE The Manual of Regulations contains a

provision which constitutes a limitation on the college authority to discipline students. It states:

No penalty shall be imposed upon any student except for cause as defined in this Manual and/or in the school rules and regulations as duly promulgated and only after due investigation shall have been conducted.

The administrative sanctions should be “commensurate with the nature and gravity of the violation of school rules and regulations committed”.

Page 16: Student Disciplinary Procedures in Private Schools/ Institutions (Philippine Setting)

The Service Manual provides that a “reasonable consideration for parents requires that they be fully informed by the teacher or the principal on any misconduct on the part of their children for which disciplinary action is necessary. The Service Manual advises teachers that in handling disciplinary cases, that their attitude should be professionally correct and that punishments, meted out to pupils should never come from malice, prejudice or anger.

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A more direct limitation on the power to enforce disciplinary sanctions against violation is the prohibition to corporal punishment. The New Civil Code in a more terse and precise language states that “in no case shall corporal punishment be countenanced”.

Service Manual of the Bureau of Public Schools banned corporal punishment. Section 150 of the said manual provides: “The use of corporal punishment by teachers (slapping, jerking or pushing pupils about)…..is forbidden”.

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DUE PROCESS

Due Process – a law which hears before it condemns, which proceeds upon inquiry, and renders judgment only after trial. It means that every citizen shall hold his life, liberty, property and immunities under the protection of the general rules which govern society. (Daniel Webster)

Page 19: Student Disciplinary Procedures in Private Schools/ Institutions (Philippine Setting)

UNDERSTANDING THE CONCEPT OF DUE PROCESS:

College proceedings in handling disciplinary cases cannot follow the technical rules of court in trial. It is because educational institutions are not vested by coercive powers possessed by courts of justice, such as to subpoena witnesses and compel them to testify under oath and to punish them for perjury in case they lie.

The college jurisdiction is limited over students who are more transients in the academic community.

Page 20: Student Disciplinary Procedures in Private Schools/ Institutions (Philippine Setting)

Hence the rigidity of technical requirements prevailing in judicial proceedings have no place in disciplinary administrative proceedings.

College disciplinary proceedings are not criminal but are administrative (civil) proceedings of an adjudicatory nature.

The procedure of conducting administrative hearings by commissioners is well established and recognized as in fact it has been and still is the current practice in practically all quasi- judicial as well as administrative bodies in the country today.

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APPLICATION IN PRIVATE SCHOOLS

Authorities of the private colleges could effect dismissal of students “at any time and for any reason without notice to the student concerned and without opportunity for a hearing”, thereby not only recognizing the inherent power of these schools to discipline their students, but extending it.

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CLARIFICATIONS:

This should not be interpreted to mean that school authorities of private colleges can ignore altogether the rights of students which are protected and guaranteed in the Constitution and the statutes. They cannot.

Students as such do not cease to be citizens who are entitled to the due process clause.

But where the school has established reasonable rules and regulations for discipline and included them in the school catalogue and

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provided students with a copy or notice of these rules, these have the force and effect of a contract between the school and the student.

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When is a school regulation considered REASONABLE?

A school regulation is considered reasonable whenever it supplements and conforms with the legitimate purposes and objectives of the college and university concerned and at the same time is supported by good, valid and justifiable reasons and legislation

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As education being necessary for the future of a person, a student cannot be dismissed validly from school without a fair hearing afforded him. Moreover, it should be guided by the criterion of justice and fair play; that it does so in an arbitrary manner.

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DUE PROCESS IN ADMINISTRATIVE PROCEEDINGS Two Aspects of Due Process 1. Procedural – requires that there must

be a procedure to be followed which should insure fairness and justice. It is indispensable requisite that there be due notice and hearing.

2. Substantive – requires that the person or body to conduct the trial acquires jurisdiction, is competent to act with judgment and free from bias and prejudice.

Page 27: Student Disciplinary Procedures in Private Schools/ Institutions (Philippine Setting)

PROCEDURAL SAFEGUARDS The accused shall be given a notice

giving the specific charges made against him.

A hearing should be held where both sides of the case are heard.

The accused should be able to face his accuser or, if not, he should be furnished a list of the names of the witnesses against him and a statement of the facts testified to.

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The accused should be allowed to present his oral or written testimony in his behalf.

The accused shall be advised of the results of the hearing.

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MINIMAL REQUIREMENTS IN DUE PROCESS

The right to be informed in writing of the charge or charges against him.

The right to submit his answer within a period of not less than three consecutive class days from receipt by him of the complaint.

In an investigation to conduct after due notices to the parties concerned, the right to confront the witnesses presented against him, the right to present evidence in his behalf and the right to be represented by counsel if he so desires.

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TYPES OF MISCONDUCT

Dishonesty such as cheating during examinations or plagiarism in connection with any academic work.

Forgery, alteration or misuse of university documents, records of credentials; knowingly furnishing false information to the university in connection with official documents filed by him and making publishing or circularizing false information about the university, its officials, faculty members and/or students.

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Obstruction or disruption of teaching, administrative work, disciplinary proceedings or other university activities.

Physical assault on any person within the premises of the university.

Defamation committed against any student, teacher or professor or university authority or his agents.

Theft of, or damage to property of the university or of property in the possession of, or owned by a member of the university community.

Unauthorized entry to or use of university facilities.

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Vandalism, which is the willful destruction of any university property and which includes, but is not limited to, such acts as tearing off or defacing any library book, magazine or periodical; writing or drawing on the wall or pieces of furniture; breakage of glass windows, showcases, cabinet doors, electrical, mechanical or electronic device or contrivances; unauthorized removal of official notices and posters from the bulletin boards and other similar offenses.

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Hazing, which is any act that injures, degrades or tends to injure, degrade or disgrace any fellow student or person attending the university, whether it is a mere conspiracy or actually engaging in this activity, and it includes but it not limited to initiations; admissions to fraternities, sororities and other student organization.

Illegal use, possession or distribution of narcotic or dangerous drugs.

Unlawful possession or use of explosives or deadly weapons.

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Engaging in lewd, incident, obscene or immoral conduct while within the university premises or during a university function.

Abusive behavior or discourtesy towards university officials or faculty members.

Entering the school premises in a state of intoxication.

Engaging in any form of gambling within the premises of the university.

Smoking inside the classroom during class hours, or in laboratories, libraries or auditorium at any time.

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Violation of any penal statute or of rules and regulations or of any valid order of a competent university authority.

Any other conduct which threatens or endangers the health and/or safety of any person inside the university premises or which adversely effects the student’s suitability as member of the academic community.

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What is the quantum evidence required for conviction for these offenses?

Since college disciplinary proceedings are not criminal in nature and are not bound by the technical rules of procedure, it is believed that substantial evidence rather than its preponderance is sufficient.

Substantial evidence - such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.

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ADMINISTRATION OF STUDENT DISCIPLINE

In Philippine private schools, the authorities concerned are free to adopt the rules to follow in administering discipline to students, subject to the regulations of the Manual and the well- known limitations of the process. This is apparent from the provision of the Manual that “schools shall have the authority and prerogative to promulgate such rules and regulations as that may deem necessary from time to time.”

Page 38: Student Disciplinary Procedures in Private Schools/ Institutions (Philippine Setting)

THE RULE IN THE PHILIPPINES “All complaints against students which are

punishable by dropping, suspension or expulsion shall be investigated or proceeded with in accordance with due process of law by the Committee on Student Affairs”. This committee shall be composed of the head of the college or university or his duly authorized representative, who shall act as chairman; and with two members, namely the president of the faculty club or his duly authorized representative and the president of the Student

Page 39: Student Disciplinary Procedures in Private Schools/ Institutions (Philippine Setting)

Government or his duly authorized representative.

Page 40: Student Disciplinary Procedures in Private Schools/ Institutions (Philippine Setting)

TYPES OF DISCIPLINARY SANCTIONS Sanction – is a penalty or punishment

imposed for disobedience to lawful and valid orders of authorities.

Section 2 of Executive Order No. 200 states that “every student has the responsibility to recognize and comply with the policies and regulations concerning school duties, campus activities and discipline within the school”.

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DISCIPLINARY SANCTIONS CATEGORIZED

Paragraph 146 of Section IX of the Manual states the three categories of disciplinary administrative sanctions which may be imposed upon erring students, commensurate with the nature and gravity of the violation of school rules and regulations committed these are:

Dropping Suspension- a school may suspend an erring

student during the school year or a term for a period not exceeding 20% of the prescribed school days.

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Expulsion – an extreme form of administrative sanction which debars the student from all public and private schools

Expulsion may be imposed on students “instigating, leading or participating in concerted activities leading to a stoppage of classes". Expulsion does not entitle the student to his diploma, transfer credential or other official school records unless the Secretary lifts his expulsion order.

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Attention is invited to the amendatory provision of the revised Manual of Regulations according to which the student who has incurred absences of more than 20% of the required total number of hours “should not be given credit”. This is retained in the proposed Private Education Code.

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APPEAL FROM DECISIONS From the decision of the school disciplinary

officer or committee, the aggrieved student may appeal to the Department of Education and Culture or government agency concerned. But if he does not, the decision becomes final and he is immediately bound to the penalty which had been imposed.

It is an elementary rule that the decision of university in administrative cases involving dropping of students is subject to review by higher authorities or even by the courts.

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A student aggrieved by a decision of the disciplinary officer or body should seek the remedy with higher administrative authorities first before going to the court. Based on the doctrine of exhaustion of administrative remedies, which the Supreme Court had upheld by declaring that “the administrative remedies afforded by law must first be exhausted before resort can be had to the courts ,especially when the administrative remedies are by law exclusive and final.

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RULES

Such an appeal must be made within ten days from the date of the receipt by the student of his copy of the decision of the Committee on Student Affairs.

The committee shall forward the complete records of the case and proceedings conducted, together with a certified true copy of the decision rendered, within three days from receipt of the notice of appeal from the Secretary of Education or his duly authorized representatives.

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The Department of Education shall decide the appeal within thirty days from the date the appeal is filed with it, which decision shall be final.

Students under investigation will be allowed to remain in school and to attend classes without prejudice to the immediate imposition in the proper cases of penalties.

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Suspension – is a penalty imposed upon a student by school authorities for violation of school rules and regulations or for offenses against good order and discipline of the school. It may either be punitive or preventive, the first is punishment that is given after due investigation and the second as an interim measure pending such investigation.

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PREVENTIVE SUSPENSION

The Manual of Regulations for Private Schools does not authorize heads of schools to impose preventive suspension even when the presence of erring students on campus poses danger to themselves, to other students and the school property.

Paragraph 145 of the Manual provides that no penalty shall be imposed upon any student except for the cause and only after due investigation; students shall be allowed to remain in school and to attend classes without

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Prejudice to the immediate imposition in proper cases, of penalties allowed.

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INTERIM SUSPENSION - pending a full hearing followed by a

decision on the merit - it involves two elements; danger and

timing - could be imposed if the school officials

had reason to believe that danger will be present if a student is permitted to remain on campus, pending a decision following a full hearing

- however, even if the element of danger is present an interim suspension may not be imposed without a preliminary hearing,

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Unless it can be shown that such hearing would be impossible or unreasonably difficult to accord the student.

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Students awaiting action on charges against them should have the right to attend classes except:

For reasons relating to his physical or emotional safety and well being.

For reasons relating to the safety and well- being of students, faculty or university property.

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PUNITIVE SUSPENSION Existing rules in the private schools allow

the suspension of erring students during the school year or term under the condition that the period of suspension should not exceed 20% of the prescribed school days but that if such suspension should involve the loss of the entire school year or term that it should be approved by the Director of Private Schools in order to be effective.

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In all cases of suspension, a written promise of future exemplary conduct signed by the pupil/student and countersigned by his parents or guardian may be required in the case of suspension for more than three days.

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LEGAL ASPECTS Can a student be punished by his school for

acts committed outside the campus? Authority on this point may be found in the

following provision of the Service Manual. School, authorities are not, under ordinary

circumstances, warranted in applying school punishment to pupils for acts committed outside of the jurisdiction of the school buildings and grounds. As a rule, the authority and responsibility of the school stop at the border

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of the school grounds, and any action taken for acts committed without these boundaries should in general be left to the police authorities, the courts of justice and the family concerned.

The fact that the misconduct has been committed outside of the university campus shall constitute no defense if it involves his status as a student or affects the good name or reputation of the university.(Code of the University of the Philippines.)

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SUMMARY

Administrative Discipline - the power of the school to deal

when a student transgresses the school rules and regulations on student behavior

- the power should be exercised with extreme caution because whatever action is taken against the student might have repercussion on his future.

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Procedural Requirements to be followed in the exercise of authority:

That there be rules and regulations properly promulgated by the school and published before their effectivity.These rules must be reasonable, definite and clear as to the acts prohibited and the sanctions therefore.

That the imposition of penalty is for cause; that the sanction imposed is commensurate with the nature and gravity of violation; and that it be equally administered.

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That there is no cruel, physically harmful or corporal punishment imposed.

There must be an investigation conducted in accordance of due process of law where the dismissal of the student is sought on the grounds of misconduct.

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The exercise of this power to discipline by the school or its duly delegated officer will not be unduly restrained or interfered with by the courts, as borne out by a long string of judicial decisions, except where there is a clear abuse of discretion or where the action is unfair, capricious or palpably unreasonable.

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THANK YOU!?