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Examining Justice Practices in Philippine Catholic Business Universities:

A Review of Student Discipline Programs

Catherine Deen and Neil Pariñas

ABSTRACT

This research examined the justice practices of Catholic business universities in the

Philippines. Using a descriptive-evaluative research design, the research sought an

answer to the question: Are prevailing justice practices in student discipline programs

of selected Catholic universities in the Philippines consistent with Catholic social

teachings on exercising grace and preserving human dignity? The contrast between the

legal and restorative student discipline approaches in light of Catholic social teachings

was used as framework in evaluating discipline programs. Using document analysis

and interview data, findings in relation to purpose of student discipline programs,

student discipline practices and student sanctions are presented and discussed.

Keywords: Catholic social thought, educational management, human dignity, higher

education justice, restorative justice, student discipline.

Student discipline is an integral part of the education system. In many Catholic schools,

student discipline is linked directly or indirectly to formation programs. Research has found that

the most common discipline incidents in schools involve students and personnel. Educational

leaders are expected to resolve these issues adequately since a poor response does not only entail

management or financial costs but contributes to a more salient and irredeemable cost—the loss

of public trust and faith in the academic institution itself (Bruhn Zajac, Al-Kazemi & Prescott Jr.,

2002).

In a Philippine study of high school principals, it was found that student-related issues

including discipline cases and student welfare considerations presented ethical dilemmas to

principals (Mendoza, 2004). These findings were supported in another study among higher

education leaders where leaders were found to experience dilemmas in handling student

discipline cases (Deen, 2011). In both researches, the dilemmas stemmed from the leaders’ desire

to preserve human dignity, promote student welfare, and uphold institutional integrity but also to

uphold justice in their schools. When resolving discipline cases, there is a gap between espoused

restorative intentions and available retribution-based justice models. Although restorative justice

practices are available, these are typically done informally and not institutionalized.

Reflecting upon the essential Catholic Social Teachings of preserving human dignity and

the value of persons, this research aims to review if current justice practices in Catholic

universities specifically in their stated student discipline programs are consistent with teachings

on exercising grace and preserving human dignity. This study aims to investigate prevailing

justice practices in student discipline programs of selected Catholic universities in the

Philippines.

The premise is that student discipline is an integral part of formation programs in

Catholic universities. It is assumed that the current justice practices are documented in their

Student Handbooks. Are prevailing justice practices in student discipline programs of selected

Catholic universities in the Philippines consistent with Catholic social teachings on exercising

grace and preserving human dignity?

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Review of Related Literature To situate the objectives of this study, it is helpful to distinguish between the justice and

restorative approach in the area of student discipline. Furthermore, it is essential to highlight the

connection of discipline approaches to relevant Catholic social teachings.

Student Discipline Approaches A review of the history of discipline programs in schools revealed several approaches in

handling school discipline. These approaches include the (1) legal approach, (2) moral education,

and (3) restorative approach.

Legal approach. Guided by ethics of justice, the legal approach focuses on the

development of discipline codes based on the enforcement of a set of rules (Hyman, 1997).

Commonly referred to as the traditional model of student discipline, punishment or sanction has

a major role in dealing with misbehavior or infractions. Denig and Quinn (2001) explain that the

justice approach envisions moral decision making to be a rational, logical, systematic approach

where the decision-makers deliberately distance themselves from the issue. One of the features

of the justice approach is to give priority to establishing the facts and limiting the decision

makers’ sensitivity to individual needs. In the school setting, due process is the most evident

practice under this approach while the most common resolutions include punitive sanctions such

as suspensions, exclusions, and expulsions.

Moral education approach. The moral education approach views discipline issues as a

result of inadequate development of moral character. In the late 1980s, some educators and

scholars advocated the idea that misbehavior is a direct result of parents’ and schools’ inability to

train students in universal truths and values needed for proper behavior. Therefore, moral

education and the formation of a conscience is incorporated into the curriculum through subjects

such as values education. As a natural progression of this approach, conservative and liberal

views on the matter of moral education emerged. Due to this, the influence of moral education in

the area of student discipline, although strong, is shaped by the values and ideology of the

regions and cultures where it is implemented (Hyman, 1997).

Restorative approach. Based on ethics of care, the restorative approach focuses on the

idea of restoring relationships. The ethics of care regards people as human beings and not as

parties to a contract (Starratt, 1991 as cited in Gorman & Pauken, 2003). As such, decision

makers are sensitive to the dignity and uniqueness of each person. A review of extant literature

revealed that the restorative approach, although not the mainstream discipline approach, is highly

developed specially in the juvenile justice system. Hopkins (2003) described the first

documented case of restorative justice involving two young adults who vandalized properties in

Canada in 1975. Since the probation officer was a member of a church, he started discussing how

a Christian perspective may be used to respond to the case. The probation officer proposed that

rather than a fine and probation, the judge can make the juvenile offenders meet their victims and

personally discuss how the damage may be repaired along with compensating for the damage.

The judge agreed and the probation officer was able to implement the process successfully. This

initial success led him to further systematize the process thus starting the restorative justice

movement. Restorative justice is defined as a process where parties come together to collectively

resolve and deal with the aftermath of an offense and its implications for the future (Marshall,

2003). Hopkins (2003), a key researcher in the area of restorative justice in schools, expressed

that the goal of restorative justice is to achieve reconciliation between victims and the offenders.

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Restorative approaches in schools are available in a hierarchy starting with methods for

dealing with minor offenses (i.e., mediation, peer mediation) to those dealing with serious

conflicts (i.e., restorative conferencing). The more common approaches utilized include

mediation, group conferencing, and restorative conferencing. Suvall (2009) identified the three

main focus of restorative justice in schools including (1) holding the offender accountable, (2)

repairing the harm to the victim, and (3) reintegrating the offender into the community.

In the Philippines, the most evident application of restorative justice is the Juvenile

Justice Act of 2006. Villero (2006) summarized the values of restorative justice including

encounter, amends, reintegration, and inclusion (see Table 1). Although there is an articulation

regarding the use of restorative justice in dealing with juvenile offenders, there are challenges in

translating these principles to actual practice. Villero himself described that even with restorative

justice guidelines, there are still many children and juvenile offenders who are tortured and

treated unkindly upon apprehension.

Table 1

The Values of Restorative Justice

Values Description

Encounter Create opportunities for victims, offenders and community members to

meet and discuss the crime and its aftermath

Amends Expect offenders to take steps to repair the harm they have caused

Reintegration Seek to restore victims and offenders as whole, contributing members of

society

Inclusion Provide opportunities for parties with a stake in a specific crime to

participate in its resolution.

Source. Villero, J. M. (2006). Restorative justice: Legal framework and practices in the Philippines.

Quezon City: Philippine Human Rights Information Center.

To synthesize, a contrast between the legal approach and restorative approach is provided

(see Table 2). The moral education approach, although significant, has more to do with the

curriculum, which is not the main focus of this study. Thus, it was not included in the contrast

table.

Table 2 summarizes the distinction between the legal and restorative approach to

discipline in four areas of distinction including the (1) student wrongdoer, (2) the student

harmed, (3) the process and (4) the output. These distinctions were drawn from the review of

literature and the ideas presented by Skelton, Russell, Shepperd and Head from “A Guide to

Developing Restorative Culture in Schools”.

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Table 2

Distinctions of the Legal and Restorative Approaches to Student Discipline

Areas of

Distinction

Legal Approach Restorative Approach

Student

Wrongdoer

Student is viewed as an offender

having broken a school rule.

Student is viewed as a person

having caused harm to an

individual or the community.

Student

Harmed

Student has limited chance to

express how they have been

affected.

Student has the opportunity to

express how they have been

affected.

Process Due process typically characterized

by formal hearings and summary

proceedings. System keeps harmed

and wrongdoer apart

Restorative processes where those

affected are brought together to

consider viewpoints and reach a

resolution together

Output Blame and punishment Responsibility, accountability and

reintegration

Adapted from Skelton, Russell, Shepperd and Head “A Guide to Developing Restorative Culture

in Schools”.

Justice Practices in Philippine Schools

A review of the Philippine Education Law, specifically in the context of higher

education, revealed that the available documented methods of student discipline include punitive

methods such as suspension, non-readmission, exclusion, and expulsion. In fact, these methods

are expressly described as the three categories of disciplinary administrative sanctions for serious

offenses or violation of school rules and regulations (Sarmiento, 2009). It is not surprising,

therefore, that schools apply the legal model in dealing with student discipline. In a study among

higher educational leaders, it was revealed that that due process, a function of the legal model of

student discipline, is still the dominant framework of discipline resolution in Philippine higher

education institutions. Although leaders show signs of restorative intent, the formal strategies

used are linked to the traditional justice framework (Deen, 2011). Furthermore, the most

common consequence for school infractions include suspensions, exclusion, and expulsion,

consequences deemed punitive as opposed to restorative. In another study involving secondary

school principals, Mendoza (2004) discovered that principals in the Metro South area preferred

using established rules, regulations and policies in the school as written in the handbooks or

manuals. However, they are also mindful of the community including the parents so they practice

restorative approaches as well. It may be concluded, therefore, that current practices shows the

dominant use of the legal approach when dealing with student discipline.

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Student Discipline Programs and the Church Documents

Several church documents were reviewed in light of student discipline programs. These

documents include: (1) Ex Corde Ecclessiae, (2) Gaudium et Spes, (3) Compendium of the

Catholic Social Doctrine of the Church, (4) Gravissimum Educationis, and (5) Justicia in Mundo.

Each person, regardless of age, condition or ability, is an image of God and so endowed

with an irreducible dignity or value. This dignity is possessed simply by virtue of being human.

All human beings regardless of individual properties and circumstances enjoy this God-given

dignity (PCJP, 30). The goal of the restorative approach which is to repair relationships is

supported by the principles contained in the Vocation of the Business Leader which are anchored

on human dignity and common good.

Human dignity, along with cultural heritage, is to be protected and advanced by every

Catholic university, according to Ex Corde Ecclessiae. Its institutional autonomy guarantees its

members academic freedom, so long as the rights of the individual person and of the community

are preserved within the confines of the truth and the common good (JPII, 1990).

It is implied that any discipline program ought to encourage students to pursue their

vocations and to strive for personal fulfillment in communion with others. This entails that

students have a duty to avoid actions that impede the flourishing of others and a duty to promote

that flourishing (PCJP, 31). Human flourishing always involves reasoning well, choosing freely

in accord with reason and living in society. It is only in communion with others that a person can

genuinely develop in ability, virtue, and holiness (PCJP, 32).

Common good is defined in the Second Vatican Council document Gaudium et Spes as

“the sum total of social conditions which allow people, either as groups or as individuals, to

reach their fulfillment more fully and more easily”. Common goods are developed between

human beings whenever they act purposefully together towards a shared goal. Common goods

are possible because we are relational beings who do not only have individual goals, and who do

not only grow individually. We also participate in shared and common projects that generate

shared goods from which all participants benefit. The common good embraces and supports all

the goods needed to allow all human beings to develop, individually and communally (PCJP,

34).

In light of these teachings, it is implied that schools’ discipline programs shall foster

conditions and activities that contribute to the common good, are oriented toward, and fully

respectful of the dignity of students as ends in themselves (PCJP, 35). In Ex Corde Ecclessiae, a

Catholic University possesses freedom in research and teaching, so long as the rights of the

individual and of the community are preserved within the confines of the truth and the common

good (JPII, 1990).

Overall, schools are supposed to develop personal virtues among the students, those life-

enhancing habits and qualities of character essential to any profession. Two very important

virtues for the future business professional are sound judgment (practical wisdom) and right

relationships (justice) (PCJP, 59). As future business leaders, students’ actions should be

informed by a prudential evaluation of each situation. True prudence informs the mind by asking

the right questions and discerning the best courses of action that can contribute to the common

good (PCJP, 76). The ability to make reasoned judgments must be nurtured in the moral and

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spiritual culture from which the future business leaders come, namely their families, religion,

educational institutions, etc. (PCJP, 59). To live out their vocation as faithful stewards to their

calling, future business practitioners need to be formed in a religious culture that shows them the

possibilities and promise of the good they can do and ought to do. Family, Church and school are

critical institutions in this formation (PCJP, 83).

While it is true that business students may be informed by powerful theories and are

highly trained in technical skills, they must, more importantly, undergo ethical and spiritual

formation that would ensure that their insights and skills are used for the welfare of others and

the support of the common good. Their formation should, therefore, give them the fundamentals

for an integrated life. Formation must educate them to be highly principled and effective

business leaders (PCJP, 86). Ex Corde Ecclessiae indicated that the entire educative process

should be directed towards the whole development of the person (JPII, 1990). Teachers need to

inspire their students to discover the good that is within them and to follow their call to use their

professional skills and judgment as a force for good in the world (PCJP, 86).

In the Vocation of the Business Leader, it is stated that “good business decisions are those

rooted in principles at the foundational level, such as respect for human dignity and service to the

common good”. The Compendium of the Catholic Social Doctrine of the Church (PCJP, 2004)

emphasized that the social order and its development must invariably work to the benefit of the

human person, since the order of things is to be subordinate to the order of persons, and not the

other way around (132). In the same Compendium, the principle of common good indicates “the

sum total of social conditions which allow people, either as groups or as individuals, to reach

their fulfillment more fully and more easily” (164).

In the education sector, business decisions refer to decisions affecting learners. The

Vocation of the Business Leader further explicates that the ability to make reasoned judgments

must be nurtured in the moral and spiritual culture from which the business leaders come (PCJP,

44ff). The implication is that students who are future business leaders will learn, through their

experiences of justice in their school environment, justice principles which inform and influence

their later practice.

Gravissimum Educationis expressed that Christian Education is tasked to develop

harmoniously the persons’ physical, moral and intellectual endowments so that they may

gradually acquire a mature sense of responsibility in striving endlessly to form their own lives

properly and in pursuing true freedom as they surmount the vicissitudes of life with courage and

constancy (1). An essential part of this development is the formative role of the school in

enabling a moral transformation among students who commit acts considered to be deviant

and/or immoral.

How can business schools facilitate the future business leaders’ education to justice?

Justicia in Mundo, the document that resulted from the 1971 World Synod of Catholic Bishops,

provides sound guiding principles.

First, the document affirms the right to development as a basic human right. In paragraph

15, “aspiring to justice asserts itself in advancing beyond the threshold at which begins a

consciousness of enhancement of personal worth with regard both to the whole person and the

whole of humanity. This is expressed in an awareness of the right to development. The right to

development must be seen as a dynamic interpenetration of all those fundamental human rights

upon which the aspirations of individuals and nations are based.”

Second, the document promotes dialogue and encourages the participation of all,

especially the youth, to correct social injustices. Particularly in paragraph 28, the creation of a

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lasting atmosphere of dialogue is encouraged to promote effective mediation. The meaning of

life could be restored through adherence to authentic values. Towards this end, the participation

and witness of the rising generation of youth is highlighted as a necessity.

Third, Justicia in Mundo asserts that Christian love of neighbor and justice cannot be

separated. Paragraph 34 states that “love implies an absolute demand for justice, namely a

recognition of the dignity and rights of one's neighbor. Justice attains its inner fullness only in

love. Because every person is truly a visible image of the invisible God and a sibling of Christ,

the Christian finds in every person God himself and God's absolute demand for justice and love.”

Paragraph 45 of Justicia in Mundo prescribes that the form of judicial procedure should

give the accused the right to know his accusers and also the right to a proper defense. To be

complete, justice should include speed in its procedure. The whole idea sheds light on the

conduct of disciplinary procedures in business schools in order to promote restorative justice.

Finally, the 1971 document asserts that in order to promote education to justice, there

ought to be a renewal of heart, a renewal based on the recognition of sin in its individual and

social manifestations. Education to justice inculcates a truly and entirely human way of life in

justice, love and simplicity. “It will likewise awaken a critical sense, which will lead us to reflect

on the society in which we live and on its values; it will make people ready to renounce these

values when they cease to promote justice for all people.”

A review of various Catholic social thought documents show that the principles

advocated by the Church encourages the practice of justice anchored on grace, love, human

dignity and common good. These practices are in tune with the restorative approach to discipline

where the goal is to restore persons as opposed to punishment.

Method Through a descriptive-evaluative research design, this study conducted a thorough

document analysis of prevailing discipline programs published in the official student handbooks

of Catholic universities offering business education. In-depth interviews were conducted to

enhance the data.

Participants A letter of invitation was sent to a total of 44 higher education institutions in the National

Capital Region of the Philippines listed as members of the Catholic Educational Association of

the Philippines (CEAP). Out of 44 invitations, a total of 12 institutions participated by sending

their Student Handbooks to the researchers. In-depth interviews were completed with discipline

program implementers from 2 institutions to enhance the analysis.

Data Analysis

Qualitative data analysis specifically content analysis was used to process the data.

Content analysis by analyzing through the documents was done with the major goal of noting

themes and patterns that emerged from the data (Merriam, 2002). Themes and patterns in these

general areas were generated: (1) Purpose of Student Discipline Programs, (2) Student Discipline

Practices Themes, and (3) Types of Disciplinary Sanctions. Interview data were transcribed and

presented to enhance the discussion.

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Results and Discussion The findings include a description of prevailing justice practices formally used in

Catholic universities, an evaluation of its consistency with Catholic Social Teachings and its

implications for the development and review of student discipline programs.

Purpose of Student Discipline Programs

Table 1 shows a summary of the dominant themes in relation to the purpose of student

discipline programs in Catholic business universities. The main purpose for the student discipline

program is to institute due process. All handbooks submitted for review described the purpose of

ensuring that due process is implemented to resolve discipline issues. The second major purpose

theme is Christian formation and to instill values. Since the study involved Catholic universities,

Christian and values formation as a purpose behind student discipline is a rational outcome.

Other purpose themes include upholding institutional norms, practicing in loco parentis or the

school as second parents, maintaining peace and order, and upholding students’ rights. Only 2

institutions mentioned restorative discipline as a purpose of their discipline program.

Table 3

Purpose of Student Discipline Programs

Purpose Themes Frequency Percentage

Practice Due Process 12 100.00%

Comply with Philippine Laws 9 75.00%

Instill Values 9 75.00%

Christian Formation 9 75.00%

Uphold Institutional Norms 7 58.33%

In Loco Parentis 5 41.67%

Maintain Peace and Order 4 33.33%

Uphold Students Rights 3 25.00%

Restorative Discipline 2 16.67%

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Results in relation to purpose of student discipline programs shows the significant

practice of the legal approach to student discipline. This is evident in relation to ensuring that the

university abides by laws. In the Philippines, discipline policies are guided by the Commission

on Higher Education which outlines punitive sanctions to deal with discipline cases. Values

formation was likewise revealed as a purpose, although it is not as dominant as the legal purpose.

This shows that Catholic institutions of higher learning recognize the link between formation and

student discipline reminiscent of the moral education approach to student discipline. As stated in

the Ex Corde Ecclessiae, Catholic universities are tasked to educate the whole person which

includes their moral behavior.

Results revealed to a lesser extent that school discipline programs purport to uphold

institutional norms and maintain peace and order while very few institutions explicitly stated the

restorative function of their discipline program. It is important to note, though, that although

these schools stated a restorative function, their practices still adhered to the legal approach.

Delving deeper into the stated program reveals that the procedures are focused on punishment

than restoration.

Although the dominant purpose is not indicative of restoration, an interview with a

discipline practitioner points to an alternative perspective regarding student formation and

discipline--that an individual is a long-term participant in building a better society, which is like

a large fabric, in which each student is a thread in the social fabric. When a student commits an

infraction, it is not a simple matter of punishing him or her because to do so would eventually

destroy the whole social fabric. In this regard, restorative justice becomes a philosophy of

fostering appropriate intervention for each unique erring student that will hopefully restore

his/her original dignity and thereby allow him/her to function again effectively as a "thread in the

fabric".

In summary, the purpose of student discipline programs in Philippine institutions of

higher learning primarily adheres to the legal approach of providing due process in resolving

discipline concerns. Still, there is an understanding that the discipline program supports the

development of Christian character and values among students.

Student Discipline Practices

The main structure and practices described in the discipline programs showed adherence

to the legal approach where due process is implemented (see Table 4). The processes described

in the Student Handbooks are extremely close to processes implemented in the justice system. In

all universities that participated, there is an appointed Discipline Board which formally hears and

decides on discipline cases. The Discipline Board is usually composed of school administrators,

students, faculty and legal representatives. There is also reference to a Code of Conduct or

expected behaviors of students. The dominant student discipline practices are governed by a

formal structure such as a Discipline Office typically under the Office of Student Affairs or the

Formation Office.

Table 4

Student Discipline Practices Themes

Practices Themes Frequency Percentage

Discipline Board 12 100.00%

Code of Discipline 11 91.67%

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Formal Office Structure 11 91.67%

Definition of Jurisdiction 8 66.67%

Appeal Processes 7 58.33%

Available Counsel 3 25.00%

Student Discipline Sanctions Themes

The most dominant sanctions for student discipline concerns were those following the

legal approach. This is consistent with the strong influence of the legal framework on discipline

programs in schools. Table 5 presents a summary of the common types of sanctions following

the legal framework. These sanctions include expulsion, suspension, warnings, exclusion,

probation, dismissal and others. Reflecting on this list, the theme of punishment as a response to

infractions is clear. Only a minimal number of Philippine Catholic universities practice

restorative sanctions. Table 6 shows some examples of restorative practices including letter of

apology, counseling, parent conference, formation seminars, and community service.

Table 5

Types of Legal Sanctions

Legal Sanctions Frequency Percentage

Expulsion 11 91.67%

Suspension 11 91.67%

Verbal or written warning 11 91.67%

Exclusion 8 66.67%

Probation 7 58.33%

Dismissal 6 50.00%

Preventive Suspension 4 33.33%

Withholding records 4 33.33%

Non-readmission 3 25.00%

Loss of privileges 3 25.00%

Others 2 16.67%

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Table 6

Types of Restorative Sanctions

Restorative Sanctions Frequency Percentage

Letter of apology 6 40.00%

Counseling 5 33.33%

Parent Conference 4 26.67%

Formation Seminars 3 20.00%

Community Service 2 13.33%

Although universities formally adhere to more legal methods of discipline, an interview

with a discipline practitioner reveals that there are conscious efforts to practice restorative justice

through informal mediation processes. She recalls of a case where she resolved an altercation

between a teacher and a student through a mediation process:

“There was a teacher who told another student I will hold your diploma for

graduation because you are a lesbian...I decided not to bring this up to the

discipline committee. I invited the teacher and the student for a dialogue. It was a

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process of conflict resolution and they ended up apologizing to each other. It was

successful because the teacher was able to share her views and the student was

able to express her hurt and pain. They left the room talking like a teacher and

student. Being an advocate of peace, our College have conflict resolution as one

of our approaches. It is not popular. It takes time. It takes a lot of assistance...It

took half the day but when it ended well.”

The quote presented shows that although formal discipline processes reflected the legal

approach, there is an informal effort to practice restoration. In fact, the same discipline

practitioner expressed that their university recently revisited the Student Handbook. The revised

handbook includes a two-paragraph description of restorative justice and a conscious change in

the role of the counselor. Specifically, she stated that:

“In the discipline process, we made a flowchart because they want the counselor

to be in the right place. Before, the counseling session was part of the sanction.

There was a suggestion to not categorize the counselor as part of the sanction. The

counselor is part of the process but she is in between.”

Conclusion

The main conclusion from this study is that the most dominant justice approach used in

Philippine Catholic business universities is the legal approach. This approach needs to be

revisited when viewed vis-à-vis Catholic Social Teachings of preserving human dignity and

promoting common good. School leaders may consider discipline policies and strategies based

on the principles of restorative justice. Considering that students will be future business leaders,

their experiences of justice in the school environment will likely inform and influence their

professional practices later.

While it is true that business students should be informed by powerful theories and highly

trained in technical skills, more importantly, they should undergo ethical and spiritual formation

that would ensure that their insights and skills are used for the welfare of others and the support

of the common good. Their formation should, therefore, give them the fundamentals for an

integrated life, and educate them to be highly principled and effective business leaders (PCJP,

86). Ex Corde Ecclessiae indicated that the entire educative process should be directed towards

the whole development of the person (JPII, 1990). Teachers need to inspire their students to

discover the good that is within them and to follow their call to use their professional skills and

judgment as a force for good in the world (PCJP, 86).

It is ironic that restorative justice principles are practiced in handling cases of juvenile

delinquency when young school offenders are treated like adult offenders. Educators, especially

Catholic educators, must learn more about restorative justice and how its principles can be

integrated into school discipline programs.

School leaders are encouraged to reflect on discipline policies and strategies based on the

principles of restorative justice. Since students will be future business leaders, their experiences

of justice in the school environment inform and influence their later professional practices.

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