Just wanted to share since this was a topic me and my friends who were graduates of STC talked about a few days ago. It was a hot topic. Then I read this. I now realize this has been an issue for a very long time.
Original Post here:
SC 1982 ruling says school
CAN schools sanction students who “misbehave” outside the campus?
A Supreme Court (SC) ruling in 1982 says the time or place is a “non-issue” in the school’s right to investigate the student’s misconduct.
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In the Angeles versus Sison case, the SC Second Division held that “the power of the school over its students does not cease absolutely when they (students) leave the school premises.”
The High Court reversed the lower court’s decision, preventing FEU from conducting an administrative investigation against students Edgardo Picar and Wilfredo Patawaran.
In its ruling, the SC said the school has a “dual responsibility” to its students: providing opportunities for learning and helping students “grow and develop into mature, responsible, effective and worthy citizens of the community.”
Responsibility
“Discipline is one of the means to carry out the second responsibility,” the SC said.
The SC said a student’s conduct outside the campus may be subject to school discipline if it “affects the good order and welfare of the school or has a direct and immediate effect on the discipline or general welfare of the school.”
The question on the extent of a school’s authority over its students outside of campus came up when St. Theresa’s College (STC) barred a high school student from her class’ graduation rites last week because pictures of her in a bikini appeared online. Aside from her, four other STC students were barred from the graduation march but they were all allowed to graduate.
TRO
The parents of the student filed an injunction case with damages against STC, arguing that the occasion where their daughter was photographed was a “private social activity” and did not involve the school's “supervision and control.”
The Regional Trial Court in Cebu City issued a temporary restraining order that directed STC to allow the students to join the graduation march, but the school defied the order.
In the 1975 case, FEU formed a committee that would look into the incident involving its students and a dean. But the students questioned the school’s authority to conduct an investigation, arguing that the alleged assault happened outside the university’s premises.
FEU countered that although the incident occurred outside the school premises, the students’ conduct “directly affects the good order and welfare of the school.”
The SC, in ruling on the case, said the establishment of an educational institution requires rules and regulations necessary for the maintenance of an orderly educational program and the creation of an educational environment conducive to learning.
“The power of school officials to investigate, an adjunct of its power to suspend or expel, is a necessary corollary to the enforcement of such rules and regulations and the maintenance of a safe and orderly educational environment conducive to learning,” the High Court said.
The SC said the school’s administrative investigation is “in order” and will determine whether the students’ presence in the school “is detrimental to the maintenance of a moral climate conducive to learning.”
Published in the Sun.Star Cebu newspaper on April 05, 2012.