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Sec13-16.pptx
- 1. SEC.13 IMPLEMENTATION OF NON-PUNITIVE MEASURES. Depending on the gravity of the bullying committed by any pupil, student or learner, the school may impose other non-punitive measures, in lieu of punitive measures, in accordance with the principles of Positive and Non-Violent Discipline.
- 2. SEC.14 OTHER ACTS OF VIOLENCE OR ABUSE Other serious acts of violence or abuse committed by a pupil, student or learner upon another pupil, student or learner of the same school, shall, and whenever appropriate, be deal with in accordance with the provisions of Republic Act. 9344 and its Implementing Rules and Regulations.
- 3. V. RULES AND PROCEDURES IN HANDLING CHILD ABUSE. EXPLOITATION, VIOLENCE AND DISCRIMINATION CASES
- 4. SEC. 15 PROHIBITED ACTS The ff. acts as defines in section 3 of this order, are hereby prohibited and shall be penalized in administrative proceedings as Grave or Simple Misconduct depending on the gravity of the act and its consequences, under existing laws, rules and regulations: 1. child abuse 2. Discriminator against children; 3. Child exploitation; 4. Violence Against Children in School; 5. Any analogous or similar acts.
- 5. SEC. 16 INVESTIGATION AND REPORTING The conduct of investigation and reporting of cases of child abuse, exploitation, violence or administration, shall be done expeditiously as herein provided. A. PUBLIC SCHOOLS A. The School Head or the Schools Division Superintendent, upon receipt of the complaint, shall forward the same, within forty-eight (48hrs) to the Disciplining Authority, who shall then issue an Order to the conduct of a fact-finding investigation, not later than seventy-two (72) hrs from submission.
- 6. B. If a complaint is sufficient in form, the concerned School Head, Schools Division Superintendent, or Disciplining Authority shall immediately inform the complainant of the requirements of a formal complaint. Upon filing of the formal complaint, the same shall be acted upon pursuant to preceding paragraphs C. The conduct of a fact-finding investigation shall be in accordance with the Revised Rules of Procedure of the Department of education in Administrative Cases. Pending investigation, upon referral of the School Principal or Guidance Counselor/Teacher, the Local Social Welfare and Development Officer (LSWDO) of the concerned local govt unit shall assess the child and provide psychosocial intervention to help the child victim recover from whatever recover from whatever trauma he/she has experienced as a result of the abuse. The offender shall likewise undergo psychosocial intervention, if such is warranted.
- 7. If a prima facie case exists based on the investigation Report and the records, a Formal Charge shall be issued by the Disciplining Authority, which may be the basis for the issuance of an Order of Preventive Suspension or as an alternative, reassignment of the offending party, as may be warranted. The respondent may be placed under preventive suspension pending investigation, for a period of ninety (90) days, if the injury or abuse committed against a child is so grave, as to render the child unable to attend his or her classes. The respondent may also be preventively suspended to preclude the possibility of influencing or intimidating witnesses.
- 8. The respondent may file a Motion for Reconsideration with the Disciplining Authority or may elevate the same to the Civil Service Commission by way of an Appeal within fifteen (15) days from receipt thereof. D. The revised rules of procedure of the Department of Education in Administrative Cases shall apply in all other aspects. E. A complaint for education-related sexual harassment as defined under Resolution No. 01-0940 of the Civil Service Commission, must be in writing, signed and sworn to by the complaint. It shall contain the following:
- 9. 1. The full name and address of the complaint; 2. The full name, address, and position of the respondent; 3. A brief statement of the relevant facts; 4. Evidence, in support of the complaint, if any; 5. A certification of non-forum shopping. e.1 The Complaint shall be referred to the Committee on Decorum and investigation. Upon receipt of the complaint, the committee shall require the person complained of to submit his or her counter-affidavit/comment, which shall be under oath, not later than three (3) days from receipt of the notice, furnishing the complainant a copy thereof, otherwise the Counter-Affidavit or Comment shall be considered as not filed.
- 10. e.2 The procedure for the conduct of an investigation and all other related incidents, shall be in accordance with rules under Resolution No. 01-0940 of the Civil Service Commission; Provided, that if the respondent is a teacher, the composition of the Formal Investigating Committee shall be in accordance with Section 9 of R.A 4670. F. The Regional Directors and periodically monitor and keep a record of all reported child abuse cases, and submit a final consolidated regional report (Annex A) to the Office of the Undersecretary for Legal and Legislative Affairs and the Undersecretary for Regional Operations.
- 11. G. Failure to submit an incident report or to render a decision involving the case within the prescribed period, without justifiable cause, shall be a ground for administrative action for neglect of duty against the responsible official. H. The office of the Undersecretary for Legal and Legislative Affairs shall compile the regional reports and submit an annual report to the secretary.
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