The Anti-Bullying Act of 2013 and its Implementing Rules and Regulations
· “ Bullied Fil-Am, 12, kills self in NY”. (The Philippine Star, May 28, 2013)
· “Teen kills self in Batangas over bullying” (March 23, 2013).
· “UP Manila Behavioral Science freshman commits suicide (March 17, 2013)
· “There is a BULLY in YOU and ME.” (DepEd Sec. Bro. Armin Luistro, FSC)
ANTI-BULLYING ACT OF 2013
o Republic Act No. 10627
o September 12, 2013
BULLYING – DEFINITION
· Bullying – any severe or repeated use by one or more students of a written, verbal or electronic expression, or a physical act or gesture, or any combination thereof, directed at another student that has the effect of actually causing or placing the latter 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; or materially and substantially disrupting the education process or the orderly operation of a school
· (a) 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;
· (b) Any act that causes damage to a victim’s psyche and/or emotional well-being;
· (c) Any slanderous statement or accusation that causes the victim undue emotional distress like directing foul language or profanity at the target, name-calling, tormenting and commenting negatively on victim’s looks, clothes and body; and
· (d) Cyber-bulling or any bullying done through the use of technology or any electronic means. The term shall also include any conduct resulting to harassment, intimidation, or humiliation, through the use of other forms of technology, such as, but not limited to texting, email, instant messaging, chatting, internet, social media, online games or other platforms or formats as defined in DepEd Order No. 40, 2.2012
· - PANANAKIT
· - PANANAKOT
· - PANINIGAW
· - PANLALAIT
· - PANUNUKSO
· - PANLOLOKO
· - PANGPAPAHIYA
· - PANGINGILITI
· - PANGUNGUHA O PANINIRA SA ARI-ARIAN NG IBA
SEC. 3. Adoption of Anti-Bullying Policies
· Every school must adopt policies to address the existence of bullying in their school. It must include:
1. Prohibition of the following:
· a. Bullying on school grounds or immediate vicinity
· b. Bullying anywhere during a school-related activity
· c. Retaliation against a person who reports or who is a witness to bullying
2. Identify the range of disciplinary administrative actions that may be taken
3. Establish clear procedures and strategies to be taken in case of bullying
Every school must give a copy of the anti-bullying policies to the students and their parents.
SEC. 6. Sanction for Noncompliance
· The Secretary of the DepEd shall prescribe the appropriate administrative sanctions on school administrators who shall fail to comply with the requirements under the law.
· In addition, erring private schools shall likewise suffer the penalty of suspension of their permit to operate.
IMPLEMENTING RULES AND REGULATIONS
· Department of Education Order No. 55 s. 2013 (13 Dec. 2013)
- Effective January 3, 2014
- Amends DepEd Order No. 40, s. 2012
· Section 4. All public and private kindergarten, elementary and secondary schools shall adopt policies to address the existence of bullying in their respective institutions. Such policies shall be regularly updated and, at a minimum, shall include provisions on prohibited acts, prevention and intervention programs, mechanisms and procedures.
PROHIBITED ACTS (SEC. 5.)
· 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-campus;
· 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.
MECHANISMS AND PROCEDURES IN HANDLING BULLYING INCIDENTS IN SCHOOLS
· Sec. 8.4 - Schools must:
· Adopt and implement a child protection or anti-bullying policy in accordance with the IRR and submit the same to the Division Office.
· Provide students and their parents/guardians a copy of the child protection or anti-bullying policy adopted by the school. Such policy shall likewise be included in the school’s students and/or employee handbook and shall be posted conspicuously on the school walls and website;
2. Bullying through the use of technology or an electronic device or the forms of media owned, leased or used by the 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 the school;
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.
· Accomplish the Intake Sheet and submit reports to the Division Office;
· Maintain a public record or statistics of incidents of bullying and retaliation
PROCEDURES IN HANDLING BULLYING INCIDENTS IN SCHOOLS
· Section 10.
A. Jurisdiction - complaints of bullying and other acts under this IRR shall be within the exclusive jurisdiction of the Department or the private school and shall not be brought for amicable settlement before the Barangay, subject to existing laws, rules and regulations.
a) Immediate responses
· Victim or witness must immediately report to any school personnel;
· The school personnel must immediately intervene by:
· i) stopping the bullying
· ii) separating the students involved;
· iii) removing the victim, or the bully, from the site;
· iv) ensuring the safety of the victim;
· v) bringing the bully to the Guidance Office or the designated school personnel
· The victim or witness reports to the teacher, guidance counsellor or any person designated to handle bullying incidents.
· The case shall immediately be reported to the school head who informs the parents of the victim and of the bully.
· If it involves students from more than one school, the school that was first informed shall promptly notify the appropriate school official of the other school.
· Fact-finding and documentation -
- Separate interview in private of the victim and bully
- Make appropriate recommendations to the Child Protection Committee on proper interventions, referrals and monitoring
The CPC shall determine the appropriate intervention programs for the victim, bully and bystanders.
· Disciplinary Measures
1. All public and private schools shall include in the child protection or anti bullying policy a range of disciplinary administrative actions that may be taken against the perpetrator of bullying or retaliation.
· The school head impose reasonable disciplinary measures on the bully, e.g. written reprimand, community service, suspension, exclusion or expulsion.
· Due Process
o In all cases where a penalty is imposed on the bully, the following minimum requirements of due process shall be complied with:
1) The student and the parents must be informed in writing of the complaint;
2) The student shall be given the opportunity to answer the complaint in writing, with the assistance of the parents/guardians;
3) The decision shall be in writing, stating the facts and the reasons for the decisions;
4) The decision may be appealed to the Division Office