Achieving a Bully-Proof School through the DepEd's Child Protection Policy

ACHIEVING A BULLY-PROOF SCHOOL

THRU THE CHILD PROTECTION POLICY

                                                            By:      Atty. Severo L. Brillantes

Good Morning. I was tasked to talk on “Achieving a Bully-Proof School Thru the DepEd Child Protection Policy.”

Why a serious problem: the problem of bullying is a serious one. Studies show that children who are bullied may suffer from low self-esteem, as well as other serious emotional issues such as chronic anxiety and depression. Bullying may keep kids from succeeding in school. Their anxiety, or other emotional issues caused by bullying, may make it impossible for them to concentrate on their studies or to succeed at extracurricular activities.

Bullies themselves need help as they are likely to become violent, drop out of school, or get into other serious trouble as adults. Often, they are the victims of bullies as well, such as an abusive parent.

The DepEd Order: Bullying most certainly must be stopped and DepEd Order No. 40, s. 2012  or the Department of Education’s  Policy Guidelines on Protecting Children in School from Abuse, Violence, Exploitation, Discrimination, Bullying and other Forms of Abuse or the “DepEd Child Protection Policy” provides us some remedial measures to do so.

Definition of bullying: The DepEd Order defines “bullying” as willful aggressive behaviour directed by a student towards another student, which results in physical and mental abuse, harassment, intimidation, or humiliation. It may also be committed through electronic means such as texting or email, in which case it is “cyber-bullying.

While that may be so, the bully may a teacher or even a visiting lecturer in a school.

A case of bullying/child abuse: I once assisted a parent lodge a complaint for child abuse against a visiting lecturer in a Makati School. In that case, a visiting lecturer who happens to be a doctor, twisted and hit the head of said parent’s son, for the simple reason that he saw the son removing the bandage of his wound while said Doctor was delivering a lecture.

In her letter-complaint addressed to the School Directress/Principal, the parent said:

“My son was not only pained physically by what the Doctor did but emotionally as well, as he was greatly embarrassed by the cruelty, degradation and humiliation the Doctor subjected him to. When he went home, he was almost crying when he recounted the incident to me. He did not eat dinner last night and was motionless when I was trying to wake him up this morning, and thus failed to go to school today.

Most evidently, my son was traumatized by the maltreatment he suffered in the hands of the abusive Doctor. What I fear most is the psychological harm said experience will cause to him, its great prejudice to his normal development as a human being.

What saddens me more is that the teachers and administrators then present, who are supposed to be his substitute parents, remained unmoved by the unprovoked violence the Doctor inflicted on my son and did nothing to redress the wrong suffered by him.

Why bullying worsens: Teachers know for a fact that bullying happens in schools. They may even receive complaints or are notified of acts of bullying. But do they do anyything about it? Like the teachers and administrators in that school, they remain unmoved.

Duty of teachers, school personnel and officials: Thus, the DepEd Order provides that  upon the filing of a complaint for bullying or even a mere notice of any bullying incident, the same shall be immediately reported to the School Head. Failure to do so would constitute “negligence” for which the teacher, school personnel or official may be administratively chargd of.

Why bullying continues despite report to the School Head: In one complaint the Office of the Schools  Division Superintendent received, a parent complained that she already reported the bullying incident to the School Head and even the Guidance Office but she was allegedly advised to complain with the DepEd instead. I told Mam de Sagun that we write to the Principal and ask her to explain why she should not be administratively charged for negligence. Mam de Sagun however said, we just instruct the Principal on what she has to do.

Duty of School Head: As soon as the School Head receives a complaint or even a mere notice of any bullying incident, he shall be duty-bound to do the following:

1)         Inform the parents or guardian of the victim and the offending child, in a meeting called for the purpose;

2)         The victim and the offending child shall be referred to the Child Protection Committee for counseling and other interventions;

3)         The penalty of reprimand, if warranted, may be imposed by the School Head in the presence of the parents or guardians.

4)         If bullying is committed for a second or subsequent time, after the offending child has received counseling or other interventions, the penalty of suspension for not more than one (1) week may be imposed by the School Head, if such is warranted, provided  the following procedure is complied with (in case the imposable penalty is suspension, exclusion or expulsion):

a)                  The child and the parents or guardians must be informed of the complaint in writing;

b)                  The child shall be given the opportunity to answer the complaint in writing, with the assistance of the parents or guardian;

c)                  The decision of the school head must be in writing, stating the facts and the reasons for the decision;

d)                 The decision of the school head may be appealed, as provided in existing rules of the Department.

5)         During the period of suspension, the offending child and the parents or guardians may be required to attend further seminars and counseling. The School Head shall likewise ensure that the appropriate interventions, counseling and other services, are provided for the victim or victims of bullying.  

Not only disciplinary action but intervention as well: Note that in addressing bullying, the duty of the School Head is not only to conduct the required disciplinary proceedings as I have outlined and to impose the appropriate penalty if warranted but also to provide the required psycho-social interventions like counselling to help not only the child who was bullied but the bully himself or herself. Note too that counseling should likewise be given to their respective parents and guardians.

The School Head thus must ensure that the appropriate interventions, counseling and other services are available and which may be provided to them.

Child Protection Commitee:  Addressing cases of bullying as well as  child abuse requires an organized concerted effort. Thus, the DepEd Order directs the establishment of a Child Protection Committee which shall be tasked to (see Section 10):

As I mentioned earlier, the bully may be the teacher himself or herself.

Action on complaints: directive to Comment

In one complaint, a parent alleged that the teacher of her daughter has the habit of shouting at her students whenever they give a wrong answer, calling them “tanga kayo! bobo! mayabang!”, which has traumatized her daughter and instilled fear in her and in fact was the cause why her daughter was rushed to the hospital for experiencing difficulty in breathing.

Strictly speaking, under DepEd Order No. No. 49, s/ 2006 (otherwise known as the Revised Rules of Procedure of the Department of Education in Administrative Cases), it is the Regional Director which is the disciplining authority insofar as teachers are concerned; the one with the ultimate power to investigate them and to impose the corresponding penalty on them.

As appointing authority however of teachers, the School’s Division Superintendent or this Office, has concurrent disciplinary jurisdiction over teachers belonging to this Division. Coupled with its supervisory function over them, it is duty-bound to see to it that they comply with established and known rules of conduct. Pursuant thereto and also in order to afford  teachers who are the subject of complaints the opportunity to be heard, in accordance with their right to due process of law, the practice of this Office is to direct said teachers to file their Comment to the complaint against them.

Duty to impose discipline

In the case I mentioned, the teacher replied denying the accusation against her, saying she does not shout at her pupils, adding that she only wants the best for them as it is her obligation to discipline them in a proper way.

The Family Code of the Philippines recognizes that indeed teachers by virtue of their special parental authority over the children under their supervision, instruction or custody, have the right and duty to impose discipline on them as may be required by the circumstances (Article 209 in relation to Article 220).

Limitation of duty to impose discipline

The DepEd Child Protection Policy however clarifies that school discipline must be administered in a manner consistent with the child’s human dignity. The child like every human being,  “is endowed with dignity and worth” and thus is entitled to respect [Child and Youth Welfare Code, Article 3(1)]. We cannot treat the child, whichever way we please, as the child has rights which must be respected.

Rights of the Child

As guaranteed by our Constitution, among these rights which the State is duty-bound to defend is the child’s right to special protection from all forms of neglect, abuse, cruelty, exploitation and other conditions prejudicial to their development (Section 3, article XV).

Among the child rights as provided for in the Child and Youth Welfare Code are the rights:

1)         to be provided with love, care, understanding, guidance and counseling;

2)         to be brought up in an atmosphere of morality and rectitude for the enrichment and strenthening of his character (Article 3). In fact the Child and Youth Welfare Code specifically provides that parents and teachers as well have the right to discipline the child only as may be necessary for the formation of his good character (Article 45).

    

Child Abuse

If discipline however already debases, degrades or demeans the intrinsic worth and dignity of a child, “Child Abuse” is already committed.

As defined in Republic Act No. 7610 (otherwise known as Special Protection of Children Against Abuse, Exploitation and Discrimination Act"), which the DepEd Child Protection Policy adopts, it is the maltreatment of the child, whether habitual or not, which includes any of the following:

1)                  psychological and 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;

3)                  unreasonable deprivation of his basic needs for survival, such as food and shelter; or

4)                  failure to immediately give medical treatment to an injured child resulting in serious impairment of his growth and development or in his permanent incapacity or death.

The law adds that there is likewise child abuse when a person is responsible for conditions prejudicial to the child’s development (Section 10), which includes among others when:

1)                  he is deprived of the love, care and protection he needs;

2)                  cruel and unusual punishment is inflicted upon the child or he is deliberately subjected to indigniites and other excessive chastisement that embarrasses or humiliates him (Art. 59, Child and Youth Welfare Code).

Corporal punishment

While the Family Code of the Philippines as I have already mentioned, recognizes the right and duty of teachers to impose discipline on their students, it provides that in no case shall they inflict corporal punishment upon the child (Article 233) or inflicting physical pain as punishment whenever a child does something undesirable. It includes as the DepEd Child Protection Policy states “physical, humiliating or degrading punishment.”

As early as DepEd Order No. 92, s. 1992, the Department of Education has already forbidden the imposition of cruel or physically harmful punishment against any pupil or student.

Said DepEd Order specifically forbids “(t)he use of corporal punishment by teachers, imposing manual work or degrading task as penalty, meting out 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.”

Aside from being violative of the child’s dignity as a human being, since it is a form of physical abuse, studies show that they do more harm than good. In one complaint brought to the attention of this Office, a teacher ordered the child to slap herself. The child was so traumatized that she no longer wanted to go to school.

Just read

For a detailed enumeration of the different forms of corporal punishment as well as the definition of other forms of abuse like 1) discrimination against children, 2) child exploitation and 3) violence against children committed in schools, please just read the DepEd Child Protection Policy.

Teachers as substitute parents

Going back to the teacher I referred to, she adds in her Reply that as a second mother she has no intention whatsoever to hurt her students or to traumatize them and she is just acting like any parent who sometimes need to correct their children of their wrong doing.

That is precisely what the DepEd Child Protection Policy reminds teachers of; that they are their students’ substitute parents and thus are expected to discharge their functions and duties with that in mind, giving paramount consideration to the best interest of the child.

The teachers’ right and duty to impose discipline on their students in fact as the Family Code of the Philippines declares, rests on their having special parental authority over them (Article 218), which authority among others, include the responsibility to develop the moral, mental, and physical character and well-being of the child under their supervision, instruction or custody (Article 209).

Not subject to settlement

Regarding the teacher I mentioned which ordered her student to slap herself, this Office also directed her to file a Comment on the complaint against her. In her Comment filed with this Office, she neither admitted nor denied the allegation against her. She simply said that her principal already settled the matter through the school’s grievance machinery.

Assuming her claim is true, was her principal correct in working out an amicable settlement of the case and referring it to the school’s grievance machinery?

If that is indeed the actio what the  

If that is indeed true, was it right for the said principal to have worked out an amicable settlement of the matter? Was it right for her to have referred the matter to the school’s grievance machinery?

Duty of the principal    

What then is the duty of the Principal in cases of child abuse; discrimination against chilren, child exploitation; violence against children n school; corporal punishment and other abnalogous or similar acts?

Upon receipt of the complaint against a teacher, the DepEd Child Protection Policy directs the principal to forward the same, within forty-eight (48) hours, to the Disciplining Authority, which is the Regional Director, who shall then issue an Order for the conduct of a fact-finding investigation, nt later than seventy two (72) hours upon submission.

What should the complaint be? It should comply with the requirements of  

Psycho-social intervention

The principal is also duty-bound to refer the cild to the Local Social Welfare and Development Officer of the local government unit, who shall assess the child and provide psycho-social intervention to help the child victim recover from whatever trauma he or she has experienced as a result of the abuse.

Difficult situations

Notwithstanding the foregoing admonitions on teachers to respect the dignity of their students as human beings and to bear in mind that they are their students’ substitute parents, the DepEd Order, without rationalising or justifying the actions of certain teachers, likewise acknowledges that cases of abuse may arise as a result of the difficult situations faced by teachers and other officials within and outside the school.

What are these difficult situations? Due perhaps to exhaustion or frustration or desperation, some teachers resort to corporal punishment. They perhaps may be so angered by the behavior of their students that they instinctively react violently.

As a means of deterrence, teachers should be made aware that they may be administratively sanctioned for acts of abuse and violence against their students. They likewise should be taught more effective ways to discipline their students other than instilling fear in them, i.e. the use of different methods of positive and non-violent disciplilne.

 

The Department however should address what are these difficult situations teachers find themselves in which may give rise to child abuse. Some say among them is that teachers are overworked and underpaid. Unfortunately, while the Child Protection Policy is replete with disciplinary measures against teachers, it does not have any program of action on how to address these difficult situations. While it mentions positive non-violent discipline, it does not elaborate on what are these modes of discipline.