Reflection Paper on Disciplinary Power of Schools, Sexual Harassment, Anti-Cyber

Bullying and Teachers and Professors as Persons in Authority

(Chapters 7, 8, 9 and 14 of Education and the Law)

By:
Father Melvin A. Tajale
Atty. John Mark N. Paracad

The term school discipline is not a novel concept among us. It is well-stipulated in
schools, whether in private or public through administrative issuances, rules and regulations,
usually reflected in student handbooks. It aims to control the students’ actions and behavior
which are seen as harmful for the maintenance of order in schools.

School discipline finds basis on the authority of schools and teachers as substitute parents
of the students while under the former’s custody and care. Thus, an obedient student is one who
is compliant with the school’s rules and codes of conduct which may define expected standards
of clothing, timekeeping, social behavior and work ethic.

Nevertheless, it must be emphasized that the disciplining authority of schools is not

unlimited. Among others, it does not mean a faculty member can harass, threaten, intimidate,
ridicule, or impose his or her views on students. This is the very reason why corporal punishment
is strictly prohibited in our educational system pursuant to Article 233 of the Family Code,
confirmed in the Public Schools Service Manual 1992 and the Manual of Regulations for Private
Schools 1992.

It is worth pointing out that the limitation of school disciplinary powers is manifested on
how it handles the disciplinary proceedings on student violations committed. It requires that in
the course of its investigations and administrative proceedings, the minimum standards of due
process of law must be strictly observed. This entails observance of the basic procedural and
substantial rights of the student’s right to answer every written complaint with or without a
counsel, the right to be informed of the evidence and the right to present evidence in his or her
defense. Also, the decision arrived must be based on evidence.
 Disciplining authority of schools does not contemplate protecting faculty members from
non-school penalties if they break the law. While teachers and professors may discipline
students, they must do it within the bounds of law and it never contemplates acts
disadvantageous to their students such as asking for sexual favors for grades or for any other
consideration. Otherwise, they may be criminally charged of the Anti-Sexual Harassment Act or
RA 7877 and the Safe Spaces Act or RA 11313. Moreover, teachers and professors in
maintaining gap and elevating themselves from their students, must be wary of creating hostile
environment at school that disrupts the education process which, in turn, is not conducive to the
total development of a student at school since it is a punishable act under Anti-Bullying Act or
Republic Act No. 10627.

Instilling discipline calls from students the obligation to observe authority and accord
respect to their teachers and other school officials. While laws and existing rules and regulations
impose limit on the disciplinary power of schools, this does not license students to be commit
criminal act or acts against their teachers or professors by reason of the performance of their
official functions. Otherwise, they can be criminally prosecuted under the Revised Penal Code
for Direct Assault.

In sum, it’s worth reflecting on that every stakeholder (school, teacher/professor and
student) in education and the academe has legally-demandable right. But must be exercised and
accorded with respect. And in the exercise thereof, it must not be at the expense of others’ rights
as they are likewise equally protected by law. While schools through its teachers have the right
to instill discipline to students, such right must be in observance of due process of law. Students
on one hand accord and uphold respect to their teachers or professors as they are considered
persons-in-authority in the yes of law. However, teachers and professors in turn should not abuse
the authority given to them by victimizing and bullying their students.