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ANTI – BULLYING ACT OF 2013
(RA 10627)
Atty. Cecilia G. Melad-Lazaro, LLM
Chief, Legal Division Commission on Human Rights, Region II REPUBLIC ACT NO. 10627 AN ACT REQUIRING ALL ELEMENTARY AND SECONDARY SCHOOLS TO ADOPT POLICIES TO PREVENT AND ADDRESS THE ACTS OF BULLYING IN THEIR INSTITUTIONS Coverage clarified to cover: – Public and private – Kindergarten – Elementary – Secondary Schools – Learning Centers Learning center defined as facilities for learning programs for out-of-school youth and adults What is bullying? It refers to: a)any severe or repeated use b)By one or more students c)of a written, verbal or electronic expression, or a physical act or gesture or any combination thereof d)Directed at another student e) That has the effect of: • actually causing or placing the other student in reasonable fear of physical or emotional harm or damage to his property • creating a hostile environment at school for the other student • infringing on the rights of the other student at school • materially and substantially disrupting the education process or the orderly operation of a school Examples of Bullying Any unwanted physical contact between the bully and the victim like: •Punching •Pushing •Shoving •Kicking •Slapping •Tickling •Headlocks •Inflicting school pranks •Teasing •Fighting and the use of available objects as weapons Examples of Bullying Any act that causes damage to a victim’s psyche and/or emotional well-being.
Any slanderous statement or accusation that causes the
victim undue emotional distress like: • Directing foul language or profanity at the target •Name-calling •Tormenting •Commenting negatively on victim’s looks, clothes and body Examples of Bullying •Cyber bullying or any bullying done through the use of technology or any electronic means. -it shall include any conduct resulting to harassment, intimidation, or humiliation, through the use of other forms of technology •social bullying: belittling another individual or group •gender-based bullying: bullying on the basis of perceived or actual sexual orientation or gender identity “Bully” – refers to any student who commits acts of bullying as defined by the Act or this IRR. “Bullied” or “Victim” – refers to any student who experiences the acts of bullying or retaliation as defined by the Act or this IRR. “Bystander” – refers to any person who witnesses or has personal knowledge of any actual or perceived acts or incidents of bullying or retaliation as defined by this IRR. Responsibilities of Schools All public and private kindergarten, elementary and secondary schools MUST adopt policies which address the existence of bullying in their respective institutions. Responsibilities of Schools The schools shall provide students and their parents or guardians a copy of the anti-bullying policies being adopted by the school.
Such policies must be included in the school’s student
and/or employee handbook and shall be conspicuously posted on the school walls and website. Educate students on: ➢ the dynamics of bullying ➢The anti-bullying policies of the school; and ➢Mechanisms of the school for the anonymous reporting of acts of bullying or retaliation. Educate parents and guardians about: ➢ dynamics of bullying; ➢The anti-bullying policies of the school; ➢How parents and guardians can provide support and reinforce such policies at home. Maintain a PUBLIC RECORD of relevant information and statistics on acts of bullying or Retaliation in school.
Note: Bullying incidents are confidential
and breach thereof by school personnel is sanctioned Enable students to ANONYMOUSLY REPORT Bullying or retaliation.
Subject a student who KNOWINGLY
makes a FALSE ACCUSATION to DISCIPLINARY ADMINISTRATIVE ACTION. All schools covered to submit a copy of their anti- bullying policy to the Division Office within 6 MONTHS FROM EFFECTIVITY OF IRR (around June 2014) (IRR signed December 13, 2013)
Private schools who fail to comply with law and IRR
will be given notice of such failure. They shall be given 30 days to comply. Max 1 month extension allowed in meritorious cases. What MUST the Anti-Bullying Policies of schools provide for? 1. Show clearly what acts are prohibited. 2. Prevention and Intervention Programs 3. Mechanism and Procedures in handling bullying incidents in schools
Note: regularly updated; at a minimum
PROHIBITED ACTS The anti-bullying policy shall prohibit: 1. Bullying at the following: a. school grounds; b. property immediately adjacent to school grounds; c. school-sponsored or school-related activities, functions or programs whether on or off school grounds; d. school bus stops; e. school buses or other vehicles owned, leased or used by a school; f. school buses or school services privately-owned but accredited by the school. 2. Bullying through the use of technology or an electronic device or other forms of media owned, leased or used by a school. 3. Bullying at a location, activity, function or program that is not school-related and through the use of technology or an electronic device or other forms of media that is not owned, leased or used by a school; and 4. Retaliation against a person who reports bullying, who provides information during an investigation of bullying, or who is a witness to or has reliable information about bullying. PREVENTION PROGRAM • Schools to have prevention program that is comprehensive, multi-faceted, and shall involve all education stakeholders and personnel. This may contain: – Positive school climate/environment – Periodic assessment and monitoring of bullying behaviors – Periodic review of manual of conduct for both students and personnel, in relation to bullying – Activities on the issue for students, personnel and service providers – Personnel development – Coordination with LGUs and other stakeholders – Classroom initiatives – Activities involving parents INTERVENTION PROGRAM
• Schools to have intervention programs to
ensure continuity of policies. These may include: – Activities – Corrective and preventive, rather than punitive, measures JURISDICTION
• exclusive: DepEd or private school and not
subject to Barangay settlement Anti – Bullying Mechanisms The school principal or any person who holds a comparable role shall be responsible for the implementation and oversight of policies intended to address bullying. Step One: Report ➢Any member of the school administration, student, parent or volunteer shall immediately report ➢Any instance of bullying or act of retaliation witnesses, or that has come to one’s attention ➢To the school principal or school officer or person so designated by the principal to handle such issues. School personnel once notified is expected to intervene: • Stop the bullying immediately • Remove students from harm and provide medical attention if needed • Bring the bully to the Guidance Office or designated personnel
Note: Intake Sheet to be accomplished by schools
whenever there is an incident of bullying Step Two: Investigate ➢Upon receipt of such report, the school principal or the designated school officer or person shall promptly investigate. Fact-finding and documentation: oInterview parties involved separately oAssess threat level, devise intervention strategies oInform parents of both parties of the steps to be taken oMake recommendations to CPC
DUE PROCESS MUST BE OBSERVED
ON DUE PROCESS: 1. Student and his parents to be informed IN WRITING of the complaint 2. Student to be given the opportunity to answer with assistance of parents/guardians 3. Decision of the school head shall be IN WRITING, stating the basis thereof 4. School head’s decision may be appealed to Division Office of DepEd Step Three: Take Action If it is determined that bullying or retaliation has occurred, the school principal or the designated school officer or person shall: a. Notify the law enforcement agency if they believe that criminal charges may be pursued against the perpetrator; b. Take appropriate disciplinary actions;
NOTE: Disciplinary measures must be according to nature,
gravity of the bullying and attendant circumstances Community service may be a form of punishment if the same is in the rules and regulations of the school c. Notify the parents or guardians of the perpetrator; and
d. Notify the parents or guardians of the victim
regarding the action taken to prevent any further acts of bullying or retaliation; If an incident involves students from more than one school, the school first informed shall promptly notify the appropriate administrator of the other school so that both may take appropriate action. Anti-Bullying Committee
The Child Protection Committee (CPC) established by DepEd
Order 40 shall also be the Anti-Bullying Committee
CPC to determine the intervention programs for parties
involved
CPC supervises the intervention programs
COMPOSITION OF CPC 1. School Head/Admin-Chair 2. Guidance Counselor/Teacher-Vice Chair 3. Rep of teachers designated by faculty 4. Rep of parents as designated by PTA 5. Rep of students, except in kinder, as designated by student council-optional for private schools 6. Rep from community as designated by Punong Barangay, preferably from the Barangay Council for the Protection of Children (BCPC Thank You…….