Can cyberbullying at school be grounds for expulsion?
In the Philippines, cyberbullying is increasingly recognized as a serious issue within the educational environment. While there are no specific national laws explicitly stating that cyberbullying can lead to expulsion, several legal frameworks and policies address the matter indirectly, providing schools with the authority to impose such disciplinary actions.
Legal Framework
The Anti-Bullying Act of 2013 (Republic Act No. 10627) is the primary legislation in the Philippines addressing bullying in schools. This law mandates all elementary and secondary schools to adopt policies to prevent and address acts of bullying, including cyberbullying. According to the law, bullying encompasses any severe or repeated use by one or more students of a written, verbal, or electronic expression, or a physical act or gesture, directed at another student that has the effect of actually causing or placing the latter in reasonable fear of physical or emotional harm.
School Policies and Disciplinary Actions
Under the Anti-Bullying Act, schools are required to develop and implement anti-bullying policies. These policies must include clear procedures for reporting and responding to incidents of bullying. The law allows schools to impose disciplinary actions on students found guilty of bullying, which can range from counseling and suspension to expulsion, depending on the severity of the offense.
Many schools have integrated these guidelines into their student handbooks and codes of conduct, specifying that severe cases of cyberbullying can result in expulsion. The decision to expel a student is typically made after a thorough investigation and a series of interventions aimed at correcting the behavior.
Due Process
In ensuring that any disciplinary action, including expulsion, is fair and just, schools must adhere to the principles of due process. This means that students accused of cyberbullying must be given an opportunity to present their side, and any decision to expel must be based on substantial evidence and follow established procedures. The Department of Education (DepEd) has issued guidelines to ensure that schools comply with due process requirements when handling bullying cases.
Preventive Measures and Education
Beyond punitive measures, the Anti-Bullying Act encourages schools to implement preventive and educational programs aimed at fostering a safe and supportive learning environment. These programs often include activities and campaigns to raise awareness about the harmful effects of bullying and cyberbullying, promoting values of respect, empathy, and responsible use of technology.
Conclusion
While the Anti-Bullying Act of 2013 does not explicitly mandate expulsion as a consequence of cyberbullying, it provides the framework that allows schools to take such actions in severe cases. Schools in the Philippines have the authority to expel students found guilty of cyberbullying, provided that due process is observed and the disciplinary measures are clearly outlined in their policies. This approach ensures a balanced response to cyberbullying, combining disciplinary actions with preventive education to protect the well-being of all students.