The case of a teacher refusing to allow a pupil to go to the restroom

IN education systems where performance remained high and students’ sense of belonging improved, students tended to feel safer and less exposed to bullying and other risks at their school (PISA 2022). Indeed, the scholastic performance of a child is influenced greatly by the disciplinary climate in the school.

I am sharing here a case study for our dear teachers relevant to their obligations over their minor pupils.

A pupil asked permission from his teacher to go to the restroom to relieve himself. Teacher refused. The child initially stayed put but when he could no longer bear the discomfort, he escaped from class and finally got to relieve himself in the toilet. On another date, the child again asked the teacher’s permission to go to the restroom to urinate. But she again declined. Because he could no longer hold his urine, the pupil wet his pants right in the classroom.

When his parents came to pick up the child after class, they noticed he was quite depressed and unhappy. They asked him what was wrong. At first, he hesitated, but after a while, he told them what happened.

On a later date, the child had an asthma attack. He told his parents that he no longer wanted to go to school because he was scared of his teacher, and he felt humiliated when he wet his pants in class.

His parents then opted to accompany him to the school to talk to the teacher. They asked her why she disallowed their son from going to the toilet. She blurted, “I have been here for more than 20 years, I know what I am doing!” When they heard these remarks, the child’s parents left. Shortly after, the teacher called the child to the front of the class and berated him for everyone to hear, “You are a liar!” From then on, the child’s classmates would tease him, “Hala ka, you are a liar!” From that time on, the child felt so embarrassed he pleaded with his parents not to send him to school anymore.

After due proceedings, the school terminated the teacher’s employment on grounds of gross misconduct and unprofessional behavior in violation of her duty as a teacher.

The teacher filed a labor case against the school for illegal dismissal.

Was the teacher validly dismissed by the school? The Supreme Court ruled that the school validly dismissed the teacher for serious misconduct under Article 282 of the Labor Code. The teacher’s misconduct was related to her failure to comply with her obligations under Section 16 of Batas Pambansa Blg. 232, which states that every teacher shall:

1. Perform his duties to the school by discharging his responsibilities in accordance with the philosophy, goals and objectives of the school.

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4. Assume the responsibility to maintain and sustain his professional growth and advancement, and maintain professionalism in his behavior at all times.

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Further, Section 2, Article VIII of the Code of Ethics decrees that a teacher’s foremost responsibility is to promote the welfare of his or her students. Section 9 of the same Article states that a teacher shall ensure his or her students’ growth and development, and assist them in their needs or concerns. A teacher shall ensure that conditions contribute to the maximum development of learners are adequate and shall extend needed assistance in preventing or solving learner’s problems and difficulties.

Here, the teacher disregarded the Code of Ethics in relation to the right of a child under Article 3 of Presidential Decree 603 when she abandoned her foremost duty to provide proper care and assistance as a second parent to the pupil.

As a teacher who ought to stand in loco parentis to her students, the teacher is duty bound to ensure that the children under her care are protected from all forms of harm and distress.

As for the child victim, studies show that children who are punished through humiliation develop low self-esteem, resentment and usually perform poorly in school tasks. Children frequently cite humiliating punishment as a reason for wanting to drop out of school. Here, the pupil’s shameful experiences of wetting his pants, being scolded before his peers, being screamed at and called a liar, and being thereafter bullied by his classmates, all took a toll on him and eventually discouraged him from going back to school.

In fine, the teacher’s cruel or inhuman treatment of the pupil was not just trivial or meaningless. Her misconduct was grave, affecting not only the interest of the school but ultimately the morality and self-worth of an innocent 5-year-old child. By committing such a grave offense, she forfeits the right to continue working as a preschool teacher.

I am excited to announce that registration for the first meeting of The Legal Mind Executive Sessions happening on Feb. 23, 2024 is still open. The Legal Mind Executive Sessions is an in-person learning platform designed for school leaders and executives to help them navigate through the complexities of the policy environment in education. You may visit https://legalmind.estradaaquino. com/ for registration and other details.

The author regularly holds The Legal Mind Executive Sessions for teachers and school administrators. Email info@estradaaquino.com