ADOPTION OF ANTI-BULLYING POLICIES

Image Source

Published — March 12, 2021 

The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.

Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.

More on bullying aside from adoption of policies: BULLYING UNDER ANTI-BULLYING ACT OF 2013

• All elementary and secondary schools are mandated to adopt policies to address the existence of bullying in their respective institutions

• Names of students who committed acts of bullying or retaliation are strictly confidential

• No disciplinary administrative action shall be taken against the bully solely on the basis of an anonymous report

May an anonymous report be utilized to discipline the bully?

The law says:

Yes.

Before disciplining the bully, there must first be policy on the matter. Under the Anti-Bullying Act, all elementary and secondary schools are directed to 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 which:

a. Prohibit the following acts:

1. Bullying on school grounds; property immediately adjacent to school grounds; at school-sponsored or school-related activities, functions or programs whether on or off school grounds; at school bus stops; on school buses or other vehicles owned, leased or used by a school; or through the use of technology or an electronic device owned, leased or used by a school;
2. Bullying at a location, activity, function or program that is not school-related and through the use of technology or an electronic device that is not owned, leased or used by a school if the act or acts in question create a hostile environment at school for the victim, infringe on the rights of the victim at school, or materially and substantially disrupt the education process or the orderly operation of a school; and
3. 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;

b. Identify the range of disciplinary administrative actions that may be taken against a perpetrator for bullying or retaliation which shall be commensurate with the nature and gravity of the offense. In addition to the disciplinary sanctions imposed upon a perpetrator of bullying or retaliation, he/she shall also be required to undergo a rehabilitation program which shall be administered by the institution concerned. The parents of the said perpetrator shall be encouraged by the said institution to join the rehabilitation program;

c. Establish clear procedures and strategies for:

1. Reporting acts of bullying or retaliation;
2. Responding promptly to and investigating reports of bullying or retaliation;
3. Restoring a sense of safety for a victim and assessing the student’s need for protection;
4. Protecting from bullying or retaliation of a person who reports acts of bullying, provides information during an investigation of bullying, or is witness to or has reliable information about an act of bullying; and
5. Providing counseling or referral to appropriate services for perpetrators, victims and appropriate family members of said students;

d. Enable students to anonymously report bullying or retaliation. However, no disciplinary administrative action shall be taken against a perpetrator solely on the basis of an anonymous report;

e. Subject a student who knowingly makes a false accusation of bullying to disciplinary administrative action;

f. Educate students on the dynamics of bullying, the anti-bullying policies of the school as well as the mechanisms of such school for the anonymous reporting of acts of bullying or retaliation;

g. Educate parents and guardians about the dynamics of bullying, the anti-bullying policies of the school and how parents and guardians can provide support and reinforce such policies at home; and

h. Maintain a public record of relevant information and statistics on acts of bullying or retaliation in school. The names of students who committed acts of bullying or retaliation is strictly confidential and only made available to the school administration, teachers directly responsible for the said students and parents or guardians of students who are or have been victims of acts of bullying or retaliation.

In relation to the adoption of anti-bullying policies, what are the duties and responsibilities of school, teachers, and students under Anti-Bullying Act? A related article will be posted in a few days.

---

Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.

All rights reserved.

---

SUBSCRIBE NOW FOR MORE LEGAL UPDATES!

[email-subscribers-form id=”4″]