Dep Ed Order No.40, s. 2012. Policy !d "#ideli!es o! Pro$ec$i!%
C&ildre! i! 'c&ool (ro) A*#se, +iole!ce, e,ploi$$io!, Discri)i!$io!, -#llyi!%, !d O$&er .or)s o( A*#se/ No$e0 It is better if you may write here the complete provision of the policy Deped Order No. 40if there is I. POLICY 'TATE1ENT The Livin !pistle "hristian #cademy $L!"#% believes that discipline is the process of chanin wron behavior into riht behavior. #s a verb& it means 'to train habits of ood order and proper subordination( to ta)e up in an orderly and methodical manner*. Discipline& li)e +od,s law is considered neative and repressive by many& even those who ac)nowlede its necessity. The three aspects of discipline - order& trainin and correction are meant to brin us to the place where we can function acceptably. Discipline therefore& is not identi.ed with punishment& neither discipline is continual repression. In the classroom settin& discipline is not the complete domination of the teacher over the class but eneri/in the students from within the purposeful wor) motivated by their interests and their sense of accomplishments. #s a "hristian school& L!"# is overned by biblical standards and see)s to provide an environment conducive to "hristian rowth. Therefore& we e0pect students and parents to have a 'cooperative attitude* towards the rules of the school. In order to ensure spiritual and educational bene.ts of all students& each of them is re1uired to conform and obey all the rules and reulations of the school. Our primary ob2ective is to develop respect for law and authority and develop self3discipline and social s)ills that will enhance and build healthy relationships on the part of the student. 4inally& L!"# stronly supports the Department of !ducation,s ob2ective of promotin a /ero3tolerance policy for any act of child abuse& e0ploitation& violence& discrimination& bullyin& and other forms of peer abuse. II. DE.INITION O. TER1' 2DepEd Order No. 40, s 20123 p425 #. "hild - refers to any person below eihteen $56% years of ae or those over but are unable to fully ta)e care of themselves or protect themselves from abuse& nelect& cruelty& e0ploitation or discrimination because of a physical or mental disability or condition( $7# 8950%. 4or purposes of this Department Order& the term also includes pupils or students who may be eihteen $56% years of ae or older but are in school. :. "hildren in school - refers to bona .de students or learners who are enrolled in the basic education system& whether reular& irreular& transferee or repeater& includin those who have been temporarily out of school& who are in the school or learnin centers premises or participatin in school3sanctioned activities. ". ;upil& student or learner - means a child who reularly attends classes in any level of the basic education system& under the supervision and tutelae of a teacher or facilitator. D. <chool personnel - means the persons& sinly or collectively& wor)in in a public or private school. They are classi.ed as follows= a. <chool >ead - refers to the chief e0ecutive o?cer or administrator of a public or private school or learnin center. b. Other school o?cials - include other school o?cers& includin teachers& who are occupyin supervisory positions or positions of responsibility& and are involved in policy formulation or implementation in a school. c. #cademic personnel - includes all school personnel who are formally enaed in actual teachin service or research assinments& either on a full3time or part3time basis& as well as those who possess certain prescribed academic functions directly supportive of teachin& such as reistrars& librarians& uidance counselors& researchers& and other similar persons. They may include school o?cials who are responsible for academic matters& and other school o?cials. d. Other personnel - includes all other non3academic personnel in school& whatever my be the nature of their appointment and status of employment. !. "hild ;rotection - refers to prorams& services& procedures and structures that are intended to prevent and respond to abuse& nelect& e0ploitation& discrimination& and violence. 4. ;arents - refers to bioloical parents& step3parents& adoptive parents and the common3law spouse or partner of the parent. +. +uardians or custodians - refers to leal uardians& foster parents& and other persons& includin relatives or even non3 relatives& who have physical custody of the child. >. <chool visitor or uest - refers to any person who visits the school and has o?cial business with the school& and any person who does not have any o?cial business but is found within the premises of the school. This may include those who are within the school premises for certain reasons e.. student teachers& catechists& service providers& suppliers& bidders& parents and uardians of other children. I. "hild #buse - refers to the maltreatment& whether habitual or not& of the child which includes any of the followin= 5. ;sycholoical and physical abuse& nelect& cruelty& se0ual abuse and emotional maltreatment( @. #ny act by deeds or words which debases& derades or demeans the intrinsic worth and dinity of a child as a human bein( A. Bnreasonable deprivation of his basic needs for survival& such as food and shelter( or 4. 4ailure to immediately ive medical treatment to an in2ured child resultin in serious impairment of his rowth and development or in his permanent incapacity or death. C<ection A $b%& 7# No. 8950D. E. Discrimination #ainst "hildren - refers to an act of e0clusion& distinction& restriction& or preference which is based on any round such as ae& ethnicity& se0& se0ual orientation and ender identity& lanuae& reliion& political and other opinion& national or social oriin& property& birth& bein infected or aFected by #ID<& bein prenant& bein a child in conGict with the law& bein a child with a disability or other status or condition& and which has the purpose and eFect of nullifyin or impairin the reconition& en2oyment or e0ercise by all persons& on an e1ual footin& of all rihts and freedoms H. "hild !0ploitation - refers to the use of children for someone else,s advantae& rati.cation or pro.t& often resultin in an un2ust& harmful or cruel treatment of the child( these activities disrupt the child,s normal physical or mental health& education& moral or social emotional development( it covers situations of manipulation& misuse& abuse& victimi/ation& oppression or ill3 treatment. There are two $@% main forms of child e0ploitation that are reconi/ed= 5. <e0ual !0ploitation - refers to the abuse of a position of vulnerability& diFerential power& or trust& for se0ual purposes. It includes& but it is not limited to forcin a child to participate in prostitution or the production of pornoraphic materials& as a result of bein sub2ected to a threat& deception& coercion& abduction& force& abuse of authority& debt bondae& fraud or throuh abuse of a victim,s vulnerability. @. !conomic !0ploitation - refers to the use of the child in wor) or other activities for the bene.t of others. !conomic e0ploitation involves a certain ain or pro.t throuh the production& distribution and consumption of oods and services. This includes& but is not limited to& illeal child labor& as de.ned in 7# I@A5. L. Jiolence #ainst "hildren - refers to a sinle act or a series of acts committed by school administrators& academic and non3 academic personnel aainst a child& which result in or is li)ely to result in physical& se0ual& psycholoical harm or suFerin& or other abuses includin threats of such acts& battery& assault& coercion& harassment or arbitrary deprivation of liberty. It includes but is not limited to the followin acts= 5. ;hysical violence refers to acts that inGict bodily or physical harm. It includes assinin children to perform tas)s which are ha/ardous to their physical well3bein. @. <e0ual violence refers to acts that are se0ual in nature. It includes& but is not limited to= a. rape& se0ual harassment& acts of lasciviousness& ma)in demeanin and se0ually suestive remar)s& physically attac)in the se0ual parts of the victim,s body( b. forcin the child to watch obscene publications and indecent shows or forcin the child to do indecent se0ual acts andKor to enae or be involved in& the creation or distribution of such .lms& indecent publication or material( c. acts causin or attemptin to cause the child to enae in any se0ual activity by force& threat of force& physical or other harm or threat of physical or other harm or coercion& or throuh inducements& ifts or favors. A. ;sycholoical violence refers to acts or omissions causin or li)ely to cause mental or emotional suFerin of the child& such as but not limited to intimidation& harassment& stal)in& damae to property& public ridicule or humiliation& deduction or threat of deduction from rade or merit as a form of punishment& and repeated verbal abuse. 4. Other acts of violence of a physical& se0ual or psycholoical nature that are pre2udicial to the best interest of the child. L. :ullyin and ;eer #buse - refers to willful aressive behavior that is directed towards a particular victim& who may be outnumbered& youner& wea)& with disability& less con.dent& or otherwise vulnerable. Lore particularly= 5. :ullyin - is committed when a student commits an act or series of acts directed towards another student& or a series of sinle acts directed towards several students in a school settin or a place of learnin which results in physical and mental abuse& harassment& intimidation or humiliation. <uch acts may consist of any one or more of the followin= a. Threats to inGict a wron upon the person& honor or property of the person or on his or her family( b. <tal)in or constantly followin or pursuin a person in his or her daily activities& with unwanted and obsessive attention( c. Ta)in of property( d. ;ublic humiliation& or public and malicious imputation of a crime or of a vice or defect& whether real or imainary& or any act& omission& condition& status or circumstance tendin to cause dishonor& discredit or e0pose a person to contempt( e. Deliberate destruction or defacement of& or damae to the child,s property( f. ;hysical violence committed upon a student& which may or may not result to harm or in2ury& with or without the aid of a weapon. <uch violence may be in the form of maulin& hittin& punchin& )ic)in& throwin thins at the student& pinchin& span)in& or other similar acts( . Demandin or re1uirin se0ual or monetary favors& or e0actin money or property& from a pupil or student( and h. 7estrainin the liberty and freedom of a pupil or student. @. "yber3:ullyin - is any conduct de.ned in the precedin pararaph& as resultin in harassment& intimidation& or humiliation& throuh electronic means or other technoloy& such as& but not limited to te0tin& email& instant messain& chattin& internet& social networ)in websites or other platforms or formats. N. Other #cts of #buse :y a ;upil& <tudent or Learner - refers to other serious acts of abuse committed by a pupil& student or learner upon another pupil& student or learner of the same school& not fallin under the de.nition of 'bullyin* in the precedin provisions& includin but not limited to acts of a physical& se0ual or psycholoical nature. O. "orporal ;unishment - refers to a )ind of punishment or penalty imposed for an alleed or actual oFense& which is carried out or inGicted& for the purpose of discipline& trainin or control& by a teacher& school administrator& an adult or any other child who has been iven or has assumed authority or responsibility for punishment or discipline. It includes physical& humiliatin or deradin punishment& includin but not limited to the followin= 5. :lows such as& but not limited to& beatin& )ic)in& hittin& slappin& or lashin& of any part of a child,s body& with or without the use of an instrument such as& but not limited to a cane& broom& stic)& whip or belt( @. <tri)in of a child,s face or head& such bein declared as a 'no contact /one*( A. ;ullin hair& sha)in& twistin 2oints& cuttin or piercin s)in& drain& pushin or throwin of a child( 4. 4orcin a child to perform physically painful or damain acts such as& but not limited to& holdin a weiht or weihts for an e0tended period and )neelin on stones& salt& pebbles or other ob2ects( M. Deprivation of a child,s physical needs as a form of punishment( 9. Deliberate e0posure to .re& ice& water& smo)e sunliht& rain& pepper& alcohol& or forcin the child to swallow substances& danerous chemicals& and other materials that can cause discomfort or threaten the child,s health& safety and sense of security such as& but not limited to bleach or insecticides& e0crement or urine( 8. Tyin up a child( 6. "on.nement& imprisonment or deprivin the liberty of a child( I. Jerbal abuse or assaults& includin intimidation or threat of bodily harm& swearin or cursin& ridiculin or deniratin the child( 50. 4orcin a child to wear a sin& to undress or disrobe& or to put on anythin that will ma)e a child loo) or feel foolish which belittles or humiliates the child in front of others( 55. ;ermanent con.scation of personal property of pupils& students or learners& e0cept when such pieces of property pose a daner to the child or to others( and 5@. Other analoous acts. ;. ;ositive and Non3violent Discipline of children - is a way of thin)in and a holistic& constructive& and pro3active approach to teachin that helps children develop appropriate thin)in and behavior in the short and lon3term and fosters self3discipline. It is based on the fundamental principle that children are full human beins with basic human rihts. ;ositive discipline beins with settin the lon -term oals or impacts that teachers want to have on their students, adult lives& and usin everyday situations and challenes as opportunities to teach lon3life s)ills and values to students. III. E'TA-LI'H1ENT O. CHILD PROTECTION CO11ITTEE #. The "hild ;rotection "ommittee $";"% shall be composed of the followin= 5. <chool >ead K #dministrator - "hairperson @. +uidance "ounselor K Teacher - Jice "hairperson A. 7epresentative of the Teachers as desinated by the 4aculty "lub 4. 7epresentative of the ;arents as desinated by the ;arents3 Teachers #ssociation M. 7epresentative of the pupils& students and learners as desinated by the <tudent +overnment 9. 7epresentative from the "ommunity as desinated by the ;unon :aranay& preferably a member of the :aranay "ouncil for the ;rotection of "hildren $:";"% I+. PRE+ENTI+E 1EA'6RE' TO ADDRE'' CHILD A-6'E, E7PLOITATION, +IOLENCE, DI'CRI1INATION AND -6LLYIN" AND OTHER' ACT' O. A-6'E #. "apacity :uildin #ctivities 5. "onduct sessions& trainins and seminars on positive peer relationships and enhancement of social and emotional competence. @. Trainin modules on positive and non3violent discipline in classroom manaement& aner and stress manaement and ender sensitivity. !nhance the s)ill and pedaoy in interatin and teachin children,s rihts in the classroom. A. ;rorams that promote ;ositive and Non3Jiolent Discipline= a. Interation of education sessions on corporal punishment and positive discipline in the initiatives of the ;arent3Teachers #ssociations $;T#%( b. "apacity3buildin prorams for school administrators& teachers and non3academic personnel focused on children,s rihts& child development and positive and nonviolent approaches in teachin and classroom manaement& to enable them to incorporate positive discipline messaes in parent3teacher conferences and family counselin& and interate messaes on children,s rihts and corporal punishment in classroom discussions( c. !ncourain and supportin the formation and initiatives of support roups amon teachin and non3teachin staF& and parents and careivers( d. Implementin speci.c parentin orientation sessions with parents and careivers and other activities( e. Implementin school activities or events that raise awareness on children,s rihts& corporal punishment and positive discipline( and f. <ettin up a child3friendly mechanism for obtainin children,s views and participation in the formulation& monitorin and assessment of school rules and policies related to student discipline. +. PROCED6RE .OR REPORTIN" #. 7eportin #cts of "hild #buse& !0ploitation& Jiolence& Discrimination& :ullyin& Other #cts of #buse& or #ny Jiolation of the "ode of Discipline NOT!= Nhen any reportKcomplaint is raised $provided the person complained of is not a member of school personnel%& the complainant is immediately attended to. #ssessment is made if the complainant is fully aware of the circumstances that warrant validation of hisKher accusation. >eKshe is informed of the re1uirements of a formal complaint and the conse1uences of such. 5. 7eport of the student3victim "ases involvin physical in2ury are dealt with in accordance with the "ode of Discipline stipulated in the <tudent >andboo) and in accordance with the provisions of 7epublic #ct IA44 and its Implementin 7ules and 7eulations. The in2ured student is brouht directly to the school clinic. The student,s class adviser& "haplain and the <chool ;rincipal are promptly informed. The <chool Nurse dianoses the student and ives himKher the necessary .rst aid treatment. If additional hospital emerency treatment is necessary& the school nurse informs the parents of the in2ured students throuh the phone and see)s their permission reardin the recommended transfer to a hospital. Later& the <chool Nurse prepares a written medical report for the parents and the school clinic,s .le records. The teacher or school personnel who witnessed the incident or who was .rst at the scene of the incident .lls out an Incident 7eport for submission to the "haplain,s O?ce. NhenKIf the victim is able& heKshe is re1uested to write a narrative of the incident which is later attached to the Inta)e <heet if the incident is later decided as a case of bullyin. If heKshe is unable to write a narrative by himself& the "haplain will ta)e note as heKshe interviews the victim about the incident. @. 7eport of student who alleedly witnessed an act of abuse or violation of the "ode of Discipline $amon students% The student3witness immediately reports to hisKher class adviser. The teacher3adviser must ta)e down notes of any verbal reports and have these notes validated by the student who is the source of the verbal incident report. The teacher will later re1uest the student to write a narrative& but only if heKshe is willin and able to do so. A. 7eport of teacher who witnessed an act of child abuse $amon students% or violation of the "ode of Discipline If the teacher witnessed or has validated an act of child abuse or violation of the "ode of Discipline& she is to accomplish an Incident 7eport for submission to the "haplain,s O?ce. 4. 7eport and referral of a student alleedly involved in any form of dispute andKor physical dispute outside the school involvin persons who are not members of the school community. Nhen any member of the school& whether student or school personnel is reported to have been involved in a dispute outside the school with persons who are not members of the school community& an incident report may be .led and submitted to the school principal under whose 2urisdiction the involved student or personnel belons. M. 7eport and referral of a student alleedly bein physically hurt& abused by hisKher own parents. Nhen physical in2ury imposed upon any of our students by their own parents is validated throuh narratives or statements& all pertinent documents are presented to the <chool ;rincipal. 9. 7eportin #nonymously #nonymous reports of any form of child abuse or violation of the "ode of Discipline are entertained but even if the perpetrator is found uilty& $technically% no disciplinaryKadministrative action can be ta)en. 8. 7eportin 4alse Information If a student or school employee is found uilty of deliberately ma)in a false accusation& heKshe will be sub2ect to disciplinaryKadministrative action. "opies of Inta)e <heets are submitted to the Division O?ce after each school year. :. 7espondin to 7eports of "hild #buse or #ny Jiolation of the "ode of Discipline 5. 7espondin to reports when both the oFender and victim are students a. The students involved in the reported case are met separately for a dialoue with the "haplain. They are re1uested to narrate the incident orally and in writin& if willin $in the presence of a teacherKadviser%. The "haplain listens& ta)es down pertinent notes& assesses the information particularly if there is need for any of the involved parties to be protected( and then& e0plains the procedure that is to follow. The "haplain restores the sense of safety for the victim as well as for the alleed oFender. b. InvestiationKatherin of su?cient documentation of supportin evidence commences. #fter this& involved parties are as)ed to face each other to further validate statements or athered information( but only if they are willin to do so. c. If the incident is deemed as a petty conGict& or misunderstandin& unintentional and not a deliberate act of abuse& the students are met by the "haplain separately or toether for a dialoue $dependin on the willinness of both parties%. The ob2ective of the dialoue is e0plained to the students and they are made to reali/e what had transpired and what chanes in behavior are e0pected. They are reminded that if a similar incident occurs& they will be dealt with accordinly. #n Incident 7eport is accomplished by the "haplain. It should contain the resolutions durin the dialoues and recommendations& if any. d. 4or bullyin cases& an inta)e sheet is accomplished by the "haplain in lieu of any other adult reportin the incident( initial narrative reports written by the students in the presence of hisKher teacher3adviser durin the investiation& if any& are attached. e. :oth the oFender and the victim shall be referred to the "hild ;rotection "ommittee for counselin and other interventions. f. The ;rincipal is informed immediately about any and all incidents. . ;arents of both students are informed immediately after the incident. They are called for a special conference by the "haplain on separate time schedules for formal relayin of the incident& what has been done& and to e0plain the process that is to follow. The parents are called bac) to school as soon as su?cient and validated information is collected. h. Dependin on the appraisal of the "haplain,s O?ce& the "hild ;rotection "ommittee is athered to deliberate and decide on the case. The result of deliberations is recommendatory in nature& for the approval of the ;rincipal. i. #s soon as the sanction or course of action is approved& the parents of both parties are formally informed. They are as)ed to sin a document certifyin that they were properly informed and that due process was underta)en. It also certi.es that they accept the decision of the "hild ;rotection "ommittee and that they will cooperate with the measures to be ta)en for intervention& prevention& and restorative 2ustice. 2. If the "hild ;rotection "ommittee decides that the violation warrants e0clusion or the li)e& the case is brouht to the <chool :oard for further deliberation. @. 7espondin to 7eports when the aressor is a teacherKemployee 4or prohibited acts committed by school personnel or o?cial aainst a learner such as child abuse& violence& discrimination& refer to Dep!d Order O40& s. @05@%. a. The alleed teacherKemployee accused of child abuse or violation of the "ode of Discipline is informed in writin and is iven M days to respond to the alleation. b. Jalidation is further done by see)in both verbal and written narratives from witnesses& if possible. c. The >uman 7esource Lanaement Department $>7LD%& in chare of personnel& schedules a Disciplinary :oard Leetin made up of the ;resident& #cademic Director& >7LD Lanaer& "hristian Life "enter >ead& the ;rincipal of the division where the alleed oFender belons& one other administrator who will serve as the accused teacherKemployee,s unbiased counsel especially in writin the response to the accusation. d. ;rior to the Disciplinary :oard >earin& all pertinent documentsKreports includin the written response of the accused are studied by the administrators who will be hearin the case. The administrator3counsel assists the accused to be emotionally and psycholoically prepared. e. The Disciplinary :oard Leetin is scheduled and held. The accused is iven an opportunity to defend himselfKherself in front of the Disciplinary :oard. f. # decision is reached and released as soon as possible. . The accused is met by hisKher immediate superior for the result of the deliberation. h. #ll personalities involved $victim& alleed oFender& parents of the victim% are reularly apprised as due process is carried out. A. 7espondin to a report and referral of a student alleedly involved in any form of altercation andKor physical dispute outside the school involvin persons who are not members of the school community. #lthouh the school is no loner directly accountable for incidents outside the school& it upholds a deree of responsibility to ensure the safety of its students and personnel. Dependin on the ravity of the incident and the potential threat to the life and safety of the involved student or personnel& the "hild ;rotection "ommittee representative from the :aranay is noti.edKconsulted. #fter investiation and due process& appropriate disciplinary action may be imposed on the errin student or personnel if heKshe is found uilty of violatin the student or personnel "ode of Discipline. 4. 7espondin to a report and referral of a student alleedly bein physically hurt& abused by hisKher own parents. The <chool ;rincipal may refer the case to the Department of <ocial Nelfare and Development $D<ND% for assessment throuh the assistance of the "hild ;rotection "ommittee :aranay 7epresentative. The D<ND shall determine the appropriate intervention. If the victim is determined to be at ris)& the <chool ;rincipal& with the aid of the "haplain and the :aranay 7epresentative& and in coordination with the D<ND& shall immediately remove the victim& or in appropriate cases& the oFender& from the place of the incident. The child,s family shall be informed of any action ta)en. ". ;rotection from 7etaliation 4ear of retaliation is a normal feelin e0perienced by all individuals involved in the case= the victim& the accused& and the witness& complainant or person responsible for e0posinKreportin the person uilty of abusin another or any other acts in violation of the "ode of Discipline. It is the responsibility of the school authority assined to each case to ensure the safety of all these parties. The followin measures are ta)en= 5. #ll individuals involved in the case are iven stern warnin that while investiation is onoin& there is not to be any form of retaliation or any form of neative reaction from anyone. If deemed necessary& they are as)ed to stay away from one another. @. If there is a potential threat of physical retaliation from the errin individual& heKshe is put under preventive suspension. ;arents are advised to ta)e precautionary measures while the student is not in school. A. Nhile in school& the class advisers of the students of the parties involved assume responsibility over the student under their care aainst possible retaliation. These class advisers& alon with the "haplain,s O?ce monitor the day3to3day activities and behavior of the students involved in the case. 4. ;rotective measures $listed in IJ% are implemented M. Dependin on the deree of the oFense as decided by the "hild ;rotection "ommittee and <chool ;rincipal& the individuals involved in the case o throuh one or more uidance and counselin sessions= a. +uidanceKcounselin sessions with the <chool "haplain b. +uidanceKcounselin sessions with <mall +roup Lentors c. +uidanceKcounselin sessions with the L!"4" ;astorK!lder P These sessions help reconcile diFerences amon the involved( fear of retaliation is neated( civil& if not cordial relationships are reestablished. P <peci.cally& for .rst3time bullyin incidents& the followin restorative measures are ta)en $dependin on the ravity%= 3 ;eace3ma)in between parties involved. This involves the voluntary e0pression of remorse& foriveness& and restoration of reciprocal friendship( thus& re3 establishin a sense of safety and trust. 3 Nitnessin amon peers. The student may spea) before his peers about the e0perience and what heKshe has learned from it. 3 Nhen suspension is part of the sanction& the student is sub2ect to community service within the school campus unless preventive suspension is the speci.c sanction. P 4or second3time andKor repeated occurrences of bullyin by the same person& correctionKdiscipline is imposed. NOT!= The "haplain,s O?ce in the +rade <chool and >ih <chool Departments )eep a record of all cases& records of their uidance andKor counselin meetins. These are held in strict con.dence. 7eular follow3up meetins with the "haplain,s O?ce are done. "opies of 7eport of "ases of #buse& Jiolence& !0ploitation& Discrimination& :ullyin or ;eer #buse and Other 7elated OFenses are submitted to the Division O?ce after each school year. CERTI.ICATION #fter several consultations and deliberations amonst and all the members of the committee& this CHILD PROTECTION POLICY HANDBOOK has been approved& rati.ed and certi.ed. In witness whereof we have hereunto set our hands this @ nd day of #uust @054 at Que/on "ity ;hilippines. <tudent,s 7epresentative Teachers, 7epresentative ;arents, 7epresentative :aranay,s 7epresentative Jice -chairperson "hairperson