Administrative Discipline of Public School Teachers

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 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   GRAVE

 

  Dismissal

/ 6 months - 1 year suspension  suspension     LESS GRAVE  GRAVE  suspension    1st offense - 1 to 6 months suspension    2nd offense - Dismissal  Dismissal    LIGHT   LIGHT Reprimand    1st offense - Reprimand 





  2nd offense - Suspension  Suspension Dismissal       3rd offense - Dismissal 

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 

  BP

232, Section 16 (5), Teacher‟s Obligation-Obligation--  

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 

Elements:  Elements:  (a) physical contact contact   (b) to inflict pain pain  

  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  

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