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Anti-Bullying Act of 2013(REPUBLIC ACT NO. 10627)AN ACT REQUIRING ALL ELEMENTARY AND SECONDARY SCHOOLS TO ADOPT POLICIES TO PREVENT AND ADDRESS THE ACTS OF BULLYING IN THEIR INSTITUTIONSBY: ATTY. DEBBIE G. DULAY-DEL VAL

Public Attorney Cordillera Administrative RegionBaguio City

For the

La Trinidad Local Council for the Protection of Children&Child and Family Services Philippines

Tiptop Rd., Ambuklao, Baguio City, 29 November 2013

What is bullying?It refers to:Any severe or repeated useBy one or more studentsOf a written, verbal or electronic expression, or a physical act or gesture, or any combination thereofDirected at another student

that has the effect of:actually causing or placing the latter in reasonable fear of physical or emotional harm or damage to his property; creating a hostile environment at school for the other student; infringing on the rights of the other student at school; or materially and substantially disrupting the education process or the orderly operation of a school;that has the effect of actually causing or placing the latter in reasonable fear of physical or emotional harm or damage to his property; creating a hostile environment at school for the other student; infringing on the rights of the other student at school; or materially and substantially disrupting the education process or the orderly operation of a school;4Bullying in school is a frequent and serious problemA student is being bullied or victimized when exposed, repeatedly over time, to intentional injury or discomfort inflicted by one or more students. It implies an imbalance of power or strength in which others victimize one child [According to Peterson and Skiba (2002, in Corrigan, 2004)]Bullying vs. Usual ConflictsBullying can be differentiated from the usual conflicts between students. The former is a combination of aggression and power while the latter has no deliberate intention to hurt physically and/or emotionally.Two Types of BullyingDIRECT BULLYING - involves physical and verbal aggression Consisted of name calling, taunting, hurtful teasing, insults, put downs, intimidation, extortion, harassment, and/or threats. Such form of bullying was done mostly by male students.INDIRECT BULLYING - involves relational/social bullyingBased on a study done by Catherine O. Espero and Mary Grace DP. Espinosa in 2010 for the University of the Philippines (http://journals.upd.edu.ph/index.php/ali/article/view/1765/1681)

Two Types of BullyingINDIRECT BULLYING - involves relational/social bullyingInvolved gossiping, spreading rumors, writing hurtful notes (i.e. cellphone messages, online blogs), and exclusion from games or groups.Those incidents happened mostly among groups of female friends.

Based on a study donein 2010 by Catherine O. Espero and Mary Grace DP. Espinosa for the University of the Philippines (http://journals.upd.edu.ph/index.php/ali/article/view/1765/1681)

Examples of Bullyingpunching pushing shoving kicking slapping ticklingheadlocks

inflicting school pranksteasing fighting and the use of available objects as weapons

punching, pushing, shoving, kicking, slapping, tickling, headlocks, inflicting school pranks, teasing, fighting and the use of available objects as weaponsdirecting foul language or profanity at the target, name-calling, tormenting and commenting negatively on victims looks, clothes and bodya. Any unwanted physical contact between the bully and the victim like punching, pushing, shoving, kicking, slapping, tickling, headlocks, inflicting school pranks, teasing, fighting and the use of available objects as weapons;

b. Any act that causes damage to a victims psyche and/or emotional well-being;

c. Any slanderous statement or accusation that causes the victim undue emotional distress like directing foul language or profanity at the target, name-calling, tormenting and commenting negatively on victims looks, clothes and body; and

d. Cyber-bullying or any bullying done through the use of technology or any electronic means.9Examples of BullyingAny slanderous statement or accusation that causes the victim undue emotional distress like:directing foul language or profanity at the targetname-callingtormenting andcommenting negatively on victims looks, clothes and body

Examples of BullyingAny act that causes damage to a victims psyche and/or emotional well-being;Cyber-bullying or any bullying done through the use of technology or any electronic means.

Responsibilities of SchoolsAll elementary and secondary schools must adopt policies which address the existence of bullying in their respective institutionsResponsibilities of SchoolsThe schools shall provide students and their parents or guardians of a copy of the anti-bullying policies being adopted by the schoolSuch policies must also be included in the schools student and/or employee handbook and shall be conspicuously posted on the school walls and websiteWhat must the Anti-bullying Policies of schools provide for?1. Show clearly what acts are prohibited2. Identify the range of disciplinary administrative actions that may be taken against a perpetrator for bullying or retaliation

Note: These actions shall be commensurate to the nature and gravity of the offense3. Establish clear procedures and strategies for:Reporting acts of bullying or retaliation;Responding promptly to and investigating reports of bullying or retaliation;Restoring a sense of safety for a victim and assessing the students need for protection;3. Establish clear procedures and strategies for: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; andProviding counseling or referral to appropriate services for perpetrators, victims and appropriate family members of said students.4. Enable students to anonymously report bullying or retaliation:

Note: But no disciplinary administrative action shall be taken against a perpetrator solely on the basis of an anonymous report5. Subject a student who knowingly makes a false accusation of bullying to disciplinary administrative action6. Educate students on the:dynamics of bullying; anti-bullying policies of the school; and mechanisms of such school for the anonymous reporting of acts of bullying or retaliation7. Educate parents and guardians about the dynamics of bullying; anti-bullying policies of the school; and how parents and guardians can provide support and reinforce such policies at home8. Maintain a public record of relevant information and statistics on acts of bullying or retaliation in schoolAnti-Bullying Mechanisms

The school principal or any person who holds a comparable role shall be responsible for the implementation and oversight of policies intended to address bullying.Step One: REPORTAny member of the school administration, student, parent or volunteer shall immediately report any instance of bullying or act of retaliation witnessed, or that has come to ones attention, to the school principal or school officer or person so designated by the principal to handle such issuesStep Two: INVESTIGATEUpon receipt of such a report, the school principal or the designated school officer or person shall promptly investigate. Step Three: TAKE ACTIONIf it is determined that bullying or retaliation has occurred, the school principal or the designated school officer or person shall:Notify the law enforcement agency if the school principal or designee believes that criminal charges under the Revised Penal Code may be pursued against the perpetrator;Take appropriate disciplinary administrative action;Step Three: TAKE ACTIONNotify the parents or guardians of the perpetrator; andNotify the parents or guardians of the victim regarding the action taken to prevent any further acts of bullying or retaliation.Step Three: TAKE ACTIONNote: If an incident of bullying or retaliation involves students from more than one school, the school first informed of the bullying or retaliation shall promptly notify the appropriate administrator of the other school so that both may take appropriate action.Some Important Points

Can bullying be done outside school grounds?YES!

R.A. 10627 also prohibits 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 schoolIf you report a bullying incident, are you protected?YES!

R.A. 10627 prohibits 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;

Can you report a bullying incident anonymously?YES!

R.A. 10627 states however, that no disciplinary administrative action shall be taken against a perpetrator solely on the basis of an anonymous report

Will the perpetrator of bullying or retaliation be rehabilitated?YES!R.A. 10627 states that, in addition to the disciplinary sanctions, the perpetrator of bullying or retaliation 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.

Can the names of the perpetrators be made public?The names of students who committed acts of bullying or retaliation shall be strictly confidential; and only made available to the:school administrationteachers directly responsible for the said students and parents or guardians of students who are or have been victims of acts of bullying or retaliationRecommendations for Action Plans in Schools The school administration should therefore plan a bullying awareness campaign and involvement in all levels (K to 12). The emphasis is on developing a caring school environment. The administrators, faculty, staff, parents, and students should know the basic facts about bullying. School staff need to learn when and how to intervene. Based on a study done by Catherine O. Espero and Mary Grace DP. Espinosa in 2010 for the University of the Philippines (http://journals.upd.edu.ph/index.php/ali/article/view/1765/1681)Recommendations for Action Plans in Schools The teachers should know how to intervene in bullying incidents, improve classroom management, and recognize and reinforce positive behaviors of students. The homeroom advisers can discuss bullying and ways to get along with others.Based on a study done by Catherine O. Espero and Mary Grace DP. Espinosa in 2010 for the University of the Philippines (http://journals.upd.edu.ph/index.php/ali/article/view/1765/1681)Recommendations for Action Plans in Schools Student leaders must be more vigilant and concerned in maintaining a caring environment. They can assign specific student officers to monitor places prone to bullying classrooms, hallways, comfort rooms, playgrounds, and canteen.Based on a study done by Catherine O. Espero and Mary Grace DP. Espinosa in 2010 for the University of the Philippines (http://journals.upd.edu.ph/index.php/ali/article/view/1765/1681)Recommendations for Action Plans in Schools Parents should be encouraged to view their school involvement as a responsibility. Parenting seminars, organized by the guidance counselors, can focus on positive forms of discipline.Based on a study done by Catherine O. Espero and Mary Grace DP. Espinosa in 2010 for the University of the Philippines (http://journals.upd.edu.ph/index.php/ali/article/view/1765/1681)Recommendations for Action Plans in Schools The guidance counselors should incorporate a program which teaches skills and strategies to avoid victimization. This can be conducted during group guidance classes.

Based on a study done by Catherine O. Espero and Mary Grace DP. Espinosa in 2010 for the University of the Philippines (http://journals.upd.edu.ph/index.php/ali/article/view/1765/1681)Recommendations for Action Plans in Schools The topic which should be addressed first must be about recognizing the bullying behaviors. The students need to learn to differentiate bullying from the usual playful teasing or petty quarrels by knowing the definition of bullying and its different forms.

Based on a study done by Catherine O. Espero and Mary Grace DP. Espinosa in 2010 for the University of the Philippines (http://journals.upd.edu.ph/index.php/ali/article/view/1765/1681)Recommendations for Action Plans in Schools The second topic should be on how to refuse bullying. Appropriate ways to handle bullies should be discussed and demonstrated through role plays in class. The last topic should be on reporting bullying incidents.

Based on a study done by Catherine O. Espero and Mary Grace DP. Espinosa in 2010 for the University of the Philippines (http://journals.upd.edu.ph/index.php/ali/article/view/1765/1681)Recommendations for Action Plans in Schools Bullying incidents should be reported to the homeroom adviser, subject teacher, or guidance counselor. The students must know the necessary facts or information needed in reporting a bullying incident so that proper and immediate action can be taken by the school authority.Based on a study done by Catherine O. Espero and Mary Grace DP. Espinosa in 2010 of the University of the Philippines (http://journals.upd.edu.ph/index.php/ali/article/view/1765/1681)Recommendations for Action Plans in Schools Studies related to the effectiveness and/or impact of bullying awareness program can be conducted in the future. A case study of students identified as bullies or victims can also be done to learn more about the reasons for bullying and its effects to both the bully and the victim. Afterwards, appropriate intervention programs and counseling can be given to them

Based on a study done by Catherine O. Espero and Mary Grace DP. Espinosa in 2010 for the University of the Philippines (http://journals.upd.edu.ph/index.php/ali/article/view/1765/1681)Anti-Bullying Campaign Reminder

Thank you and enjoy the rest of the seminar!