Administrative Discipline Discipline of Pub Public lic School Teachers Teachers Part I: Administrative Discipline A. Administrative Discipline: Basic Principle Principle Mechanism by which public servants are made answerable for acts or omissions committed in the service, provided— provided — Due process is observed Security of tenure protected B. Constitutional and Legal Basis for Administrative Discipline Discipline 1987 Constitution Constitution Article IX, B, Sec 2 2 No disciplinary action except for cause provided by law Article XI, Sec 1 Public office-public trust Public servants accountable to people
Public
servants - must serve with utmost Responsibility, Responsibi lity, Integrity, Loyalty, & Efficiency must act with patriotism and justice and lead modest lives C. Due Process; Principle; Basis Of Principle of Due Process means that before a party may be held bound by administrative proceedings, he must-- must-- (a) been imp leaded (notified) (notified) (b) given an opportunity to defend his rights (answer) (answer) Two (2) aspects of due process process Substantive
Procedural Basis of-1987 Constitution (Article III, Sec. 1) “No person shall be deprived of life, liberty, libert y, or property without due process of law, nor shall any person be denied the equal protection of the the laws.” laws.”
Part II: Disciplinary Jurisdiction A. Disciplining Authority; Department of Education Education B. Delegation of Authority to Investigation Investigation C. Constitution of Investigating Committee Committee
A. Disciplining Authority; Department of Education Education Secretary of Education Education Regional Directors in their regions regions School Division Superintendents are Disciplining Authority for NonAcademic Personnel (RA 9155) 9155) B. Delegation of Authority to Investigate Investigate
Secretary is duly authorized to discipline Presidential appointee, a ppointee, subject to President confirmation confirmation Investigation Committee Committee (per R.A. 4670) shall be constitu constituted ted to conduct the formal investigation and thereafter report and recommend to disciplining authority authority It shall deliberate COLLECTIVELY; NOT INDIVIDUALLY INDIVIDU ALLY
C. Constitution of Investigating Committee Committee Respondent is elementary/secondary, head principal, district supervisor/ chair/coordinator or Education Supervisor I Schools Division Superintendent - Chair Representative of Teacher Organization - Member education ucation - Member Division Supervisor for elementary or secondary ed
Respondent is Assistant Schools Division Superintendent, Schools Division Superintendent or Education Supervisor II II
Regional Director Chair Representative of -Division
Teachers Organization - Member Regional Supervisor for elementary or secondary education - Member Respondent is Assistant Regional Director or Regional Directors Directors Secretary of Department of Education - Chair Representative of PPSTA - Member Any Regional Director or high ranking Department of Education Central Officer - Member
Part III: Grounds for Disciplinary Action Generally Classified (depending on gravity) into-- into--
GRAVE OFFENSES: OFFENSES: Dishonesty - 1st/Dismissal 1st/Dismissal intentional violation of truth truth defraud there must be intention to misrepresent/ defraud
Gross neglect of duty - 1st/Dismissal 1st/Dismissal want of any or slight care care
As a rule, must be GROSS, HABITUAL HABITUAL EXCEPT: Results to Loss - No need habituality habituality duties Gross neglect of teacher duties Special
Parental Authority and Responsibility Article 218, Family Code— Code —
“The school, its administrators and teachers, x x x engaged in child child care shall have special spe cial parental authority and responsibility over the minor child while under their supervision, instruction or custody.” custody.” Abandonment
- absence from work and deliberate intent i ntent to discontinue to
return return Two (2) Requisites Requisites (a) Absences without authority authority (b) Intention not to return return
How
to declare ABANDONMENT ABANDONMENT
Two (2) Letter Principle Principle as soon as a teacher tea cher starts to incur absences continuously without official leave or authority-- authority--
send send
1st letter r eport immediately explain; and and 2nd letterrequiring informinghim himtoofreport termination due toand abandonment abandonment
Keeping
of school records records BP 232, Sec. 16 (3), Obligation of Teachers-- Teachers-- “Render regular reports on performance of students x x x.” x.”
Section 9 (4) (5) Rights of Students/Parents Students/Parents “The right ofand access to school records x x x.” x.” “The right to issuance of school records x x x 30 days from request.” request.” Grave misconduct - 1st/Dismissal
willful,
improper behavior, and implies wrongful intent and NOT mere error e rror of judgment judgment definite rule of action action violation of an established and Misconduct
must be a DIRECT RELATION to and CONNECTED
with
performance of official duties duties Misconduct Misconduct broad scope of official function of teachers subject to PROHIBITION OF MISCONDUCT MISCONDUCT Teacher
TEACHERS AS PROFESSIONALS PROFESSIONALS Duly licensed professionals who possess dignity and reputation with high moral values as well as technical and professional competence. In the practice of their noble profession, they strictly strictl y adhere to observe, and practice this set of ethical and moral principles, standard and values. values. ( Pr Pr e a am m b le , Co d e o f E t h ic s f o r P r o f e ssio n a l T ea ea ch e r s)
“Every teacher shall merit reasonable social recognition for which w hich purpose he shall behave with honor and dignity at all times and refrain from such activities as gambling, smoking, drunkenness and other excesses, exc esses, much less illicit relations.” relations.” (Code of Eth ics , Ar ticle III, III, Sectio n 3) “A teacher shall place premium upon u pon self-respect and self-discipline as the principle of personal behavior in all relationships with others and in all situations.” situations.”
( Co Co d e o f E t h ics , A r t icle X I, I, S ect ect io n 2 )
“A teacher shall maintain ma intain at all times a dignified personality which could serve as model worthy of emulation by learners, peers, and others.” others.” ( Co Co d e o f E t h ics , A r t icle X I, I, S ect ect io n 3 )
Joseph
Santos vs. NLRC, Hagonoy Institute, Inc. et al., Supreme Court-- Court--
“As a teacher, (one) serves as an example to this pupils x x x.” x.” “Consequently x x x teachers must adhere to the exacting standards of morality and decency. x x x A teacher, both in his official and personal conduct, must display display exemplary behavior. He must freely and willingly accept restrictions on his conduct that might be viewed irksome x x x the personal behavior of teachers, in and outside the classroom, must be beyond reproach, x x x they must observe a high standard of integrity and honesty.” honesty.” More
Teacher Misconduct Misconduct BP 232, Section 9 (4), Rights of Students Students— — “x x x the CONFIDENTIALITY of which the school shall maintain and preserve.” preserve.”
Covers Classified/Strictly Confidential Records Records (a) personal records records (b) academic records/reports records/reports (c) birth certificates certificates (d) adoption papers papers (e) medical/guidance reports reports (f) disciplinary records records – also… disclosing or misusing confidential information (Section 22) 22)
1st Offense - 6 months to 1 year 2nd Offense - Dismissal Dismissal
Refrain from making deductions/additions in grades NOT manifestations of scholastic performance performance
Padilla vs. NLRC, SBC , Supreme Court-- Court--
“This Court is convinced that the pressure and influence exerted by (a teacher) on his colleague to change a failing grade to passing one x x x constitute serious misconduct which is a valid ground for dismissing an employee.” employee .” In Celia Flores vs . NLRC, PPSTA - where employee was involved in brawl/fighting, Supreme Court said-- said--
“Fighting within company premises premises is a valid ground for dismissing an employee. At all events it was not necessary to determine who started the fight; what is important is that (the employee) engaged in a fight in the work premises x x x.” x.” Corporal
Punishment - Article 233 (2nd par.) par.) “In no case x x x inflict corporal punishment upon the child.” child.” Definition: An act that inflict pain or harm upon a child‟s body as punishment for wrong doing usually through beating and spanking spanking
Sexual Harassment is Grave Misconduct Misconduct RA 7877: Sexual Harassment-- Harassment--
“x x x teacher x x x having authority, influence, or moral ascendancy over another x x x in education environment, demands, requests or otherwise requires sexual favor from other, regardless of whether the demand, request or requirement for submission is accepted x x x.” x.” Two
(2) Types Types - Quid Pro Quo Quo – Hostile Environment Environment Manner - it may be visual, verbal, or physical, which may be subtle, obvious or gross gross
Sexual Harassment Harassment Not all forms warrant termination. Dismissal depends on the gravity of case. case. Sale of tickets; collection of contribution/ donations from pupils/parents pupils/parents BP 232, Sec. 9 (9) - students have right to be free from (voluntary) involuntary contributions solicitation of contributions from subordinate contributions or unauthorized employees and by teachers or school officials from school children children
Improper
“x x x (Department of Education) considers the act of teachers teach ers in x x x contracting loans from parents of their students x x x not only serious misconduct but x x x violation of students‟ right to be free from involuntary contribution x x x.” x.” - USEC Nachura, 13 Feb. „98 „98
Rule
XIV, Sec. 22 (j) - Contracting loans is Grave Offense Offense
… because reprehensible behavior such as the use of trust relationship as leverage for borrowing money is involved. involved. … to avoid exertion of undue influence by teachers over the students or their parents parents Other
kinds of misconduct misconduct Employee repeatedly uttered obscene and insulting statements against his superior and violated company rules and regulations re gulations (A s ia n Desig Desig n a n d Ma n u f a ct u r in g Co r p . vs. DOL E ) Employee repeatedly shouted invectives at the company‟s c ompany‟s lady physician for her refusal to certify his sick leave (Dela Cruz v s. NLRC) Employee challenged his superior officer to a fight ( L u zo n St St e ve d o r in g Corp . vs. CIR) CIR) Gross Disrespect connotes serious misconduct directed against superiors by subordinates is SERIOUS MISCONDUCT but Gross Discourtesy connotes the absence of proper courtesy in dealing with the public he/she is transacting official business (not GROSS MISCONDUCT hence only Less Grave Offense - 1st/1 to 6 months suspension, 2nd/ Dismissal) Dismissal)
Notoriously
undesirable - 1st/Dismissal 1st/Dismissal
when
a public servant is known k nown to be constantly and flagrantly violating existing laws, rules and regulations and which w hich acts are known to and looked upon with disfavor by the community community negative attitude toward work, duties and responsibilities, superiors and proper conduct, when public servant does not seem to consider the aforesaid conduct wrong and improper
Oppression
- 1st/6 months to 1 year suspension, 2nd/Dismissal 2nd/Dismissal act of cruelty, severity, unlawful exaction, domination, or excessive use of authority ( Och Och a t e vs. T y De lin g ) Committed usually by a superior officer over a subordinate or a public servant over a private citizen citizen oppression Corporal punishment may also be oppression
Inefficiency and incompetence in the performance of duties - 1st/6 months to 1 year suspension, 2nd/Dismissal 2nd/Dismissal
Public
servant has consistently shown his inability to efficiently perform
his duties and responsibilities, within a co common mmon performance standards. standards. In Ev el y n Peñ a v s . NL RC , Supreme Court said- said- “xxx school can set high standards of efficiency for its teachers since “xxx school quality education is a mandate of the Constitution x x x” x” “xxx Security of tenure, while constitutionally guaranteed, cannot be used to shield incompetence xxx.” xxx.” Need
to continually evaluate teachers teachers
Unauthorized absences/ tardiness - 1st/6 months to 1 year suspension, 2nd/Dismissal 2nd/Dismissal absent Habitually absent
2.5
days/month x 3 months in a semester or 3 consecutive months in a year Habitually tardy tardy 10x/month at least 2 months in a semester or 2 consecutive months in a year
Refusal to perform official duty - 1st/6 months to 1 year suspension, 2nd/Dismissal 2nd/Dismissal when public servant public refuses render service without inherentreasonable to his position or whenarequired to do so by his to lawful superiors, excuse excuse
Gross insubordination - 1st/6 months to 1 year suspension, 2nd/Dismissal 2nd/Dismissal a deliberate refusal of a subordinate to obey lawful orders from a superior one must follow lawful order of superiors even if he does not agree with w ith it it a protest or an appeal is not a legal excuse to disobey lawful orders orders Conduct prejudicial to the best interest of service - 1st/6 months to 1 year
suspension, 2nd/Dismissal 2nd/Dismissal of one which will give a bad image to the public service service
conduct
Official participates in proceedings of promotion and selection board despite the fact he is NOT authorized; such influences the appointment of relative is conduct prejudicial prejudicial
LESS GRAVE OFFENSES: OFFENSES: Simple neglect of duty duty Simple misconduct misconduct Gross discourtesy discourtesy Gross violation of Civil Service Rules Rules Insubordination Insubordination Habitual drunkenness drunkenness Recommending any person to a private enterprise with official business with his office office Unfair discrimination in rendering public service service Failure to file sworn statement of assets, as sets, liabilities liabilities Failure to resign within 30-day in private business with conrflict of interest interest LIGHT OFFENSES: OFFENSES: Discourtesy Discourtesy Violation of office rules rules Gambling prohibited prohibited Borrowing money from subordinates subordinates Disgraceful/immoral/dishonest conduct PRIOR to service service Willful failure to pay just debts debts Refusal to overtime overtime Willful failure to pay taxes taxes Pursuit of business/profession/vocation without permission permission Lobbying for personal interest or gain in congress congress Promoting sale of tickets in behalf of private enterprise enterprise Failure to act promptly on letters and requests 15 days from receipt receipt Failure to process papers for unreasonable unrea sonable length of time time Failure to attend to anyone who wants to avail a vail himself of services services
Part IV: DECS Rules of Procedure DECS Order No. 33, Series 1999 (March 30, 1999) 1 999) Administrative Disciplinary Case Case Step
1 - Commenced by: by: Disciplining Authority - MOTU PROPIO PROPIO Any person with an ordinary complaint
filed with Disciplinary Authority Authority
Form of Complaint Complaint writing in writing under oath oath language written in a clear, simple and concise language Step 1: Commenced by: by: Contents of Complaint Complaint name/address of complainant complainant office of employment of respondent respondent Ibid.; as well as position/ narration of relevant and material facts facts “forum-shopping” shopping” no “forum-
full
Step 2 - Determination of PRIMA FACIE CASE CASE to determine if there is a sufficient ground to engender a well-founded w ell-founded belief that an administrative offense has been committed and respondent is probably guilty guilty How determined determined fact-finding fact-finding preliminary investigation investigation
FACT FINDING - involve merely the ex parte examination of records/ documents submitted by complainant; also other documents available available PRELIMINARY INVESTIGATION - proceeding whereby complainant and respondents are given opportunity to submit affidavits/witnesses/evidence affidavits/witnesses/evidence Step 3 - FORMAL CHARGE (if p r im a f acie acie case is established) established) of: Content of:
name of complainant complainant name of respondent respondent
designation of the administrative offenses by the statute statute acts/omissions complained of time of commission commission place of commission commission time for respondent to answer which shall not be later than 5 days days query whether respondent prefers Formal Investigation or decide case cas e on
the records records inform of respondent‟s right to counsel of choice choice Step 4 - ANSWER ANSWER to be filed with the Disciplining Authority Authority
Form of ANSWER ANSWER in writing writing charges Respondent‟s answer to charges FORMAL RMAL INVESTIGATION INVESTIGATION indication whether or not respondent elects FO Step 5 - FORMAL INVESTIGATION INVESTIGATION when held - when respondent has filed his/her answer answ er or after the period for filing an answer has expired expired by the Investigating Committee Committee
Note: when investigating committee is constituted not in accordance with Republic Act 4670, proceedings shall be VOID. VOID. Step 6 - PROCEDURE PROCEDURE following: Pre-Hearing Conference - to consider and agree on any of the following: dates of hearing hearing simplification of issues issues
stipulation of facts facts limiting number of witnesses/names witnesses/names ID/marking of evidence evidence