Examining malpractice in the education context

Authors

  • Ameer Benjamin B. Calderon Philippine Normal University, Manila
  • Inero V. Ancho Philippine Normal University, Manila

DOI:

https://doi.org/10.37134/jrpptte.vol8.no2.9.2018

Keywords:

Corruption, educational malpractice, misconduct, illegal collection, misuse of funds, sexual abuses

Abstract

Malpractice is a dereliction of professional duty or a failure to exercise an ordinary degree of professional skill or learning by rendering professional services which results in injury, loss or damage. This study probed into the questions: (2)what are the types of educational malpractices in the Philippine education system; and (2) who are mostly guilty of these offenses? Data were gathered by downloading court cases and newspaper articles. A total of ten online court cases involving teachers, parents, students, school administrators, and principals were included. Coding was done by identifying the emerging themes per cluster. Findings indicated that offenses can be clustered into two: corruption and misconduct. Corruption cluster includes offenses ranging from illegal collection by the teachers from the students to the misuse of funds by the school administrators. On the other hand, the misconduct cluster includes sexual abuse targeted towards students by the teachers, and abuse of power by the school administrators towards the teachers. Data revealed that some cases involving principals whose offenses include misuse of funds and abuse of power were dismissed. Furthermore, involvement of principals was under-reported due to certain interfering reasons like fear, doubt or hesitation, or carelessness on the part of those who file the cases or as a result of the misleading or scheming practices of the offenders. On the other hand, abuses and minor offenses committed by the teachers were magnified. Among the teachers charged of malpractice in education, only one was found not guilty. This led to the creation of a typology that highlights the forms of offenses, the offenders and the offended as well as the results of the investigation of the cases. . Comparatively speaking, this may be attributed to the lack of power, authority and influence teachers have against principals and other school administrators.

Downloads

Download data is not yet available.

References

Alcober, N. (2013, September 27). Teachers seek ouster of QC Principal. The Manila Times.

Anonymous. (2014, December 10).Badmouthed by your officemate? Cry and sue for defamation. The Manila Times.

Blasé J. & Blasé J. (2006). Teachers' perspectives in principal mistreatment. Teacher Education Quarterly, 123 – 139.

Bousquet, K. & Coburn, T. (2016). Recent cases addressing educational malpractice doctrine: Three key lessons defending against student claims. Career Education Review, 21-24

Suprem Court of the Philippines. CSC Decision No. 15-0908. Must Read Decision on the Case of Aninag, Jeffrey M.

Deliversky, J. (2016). Preventing corruption in the education system. Journal of Educational and Instructional Studies in the World, 6 (20), 141 – 145.

Department of Education. (2008). Dep,Ed. Order No. 19, s. 2008. Implementation of no collection policy in all public elementary and secondary schools.

Department of Education. Dep. E. Order No. 40, s. 2012. The child protection policy. Florida Education Department. (2018). What is educator misconduct?

Goh, P. S. C. and Wong, K. T. (2015). Exploring the Challenges for Teacher Educators. While teacher competence is considered to be an “important requisite to improve academic performance, Journal of Research, Policy & Practice of Teachers &Teacher Education, 5 (1), 37 – 45.

Milley, P. (2017). Maladministration in education: Towards a typology based on public records in Canada. Sage Publications, 45 (3), 466 - 483.

Moratalla N. (2000) Graft and corruption: The Philippine experience. 113th International Training Course Participants' Papers, Resource Materials Series, 503-504.

New Zealand Education Council. (n.d.). What is meant by serious misconduct ?
https://educationcouncil.org.nz/content/what-meant-serious-misconduct

Nicolas, K. &De Vega, N. (2014, September 10). Slander and oral defamation. Northern territory government policies.

Orias, P. (2016, September 26). Oro school principal denies sexual misconduct allegations. Sun Star Cagayan De Oro.

Orias, P. (2017, September 15). Tejero keeps top post at City Central School. Sun Star Cagayan De Oro

R.A. 10606. The National Health Insurance Act. R.A. 4670. The Magna Carta for Public School Teachers.

R.A. 6713. Code of Conduct and Ethical Standards for Public Officials and Employees.

R.A. 7877. The Anti Sexual Harassment Act of 1995. R.A. 8282. The SSS Law.

R.A. 8291. The GSIS Law. R.A. 9262. Violence Against Women and their Children Act.

R.A. 9679. The Pag-IBIG fund Law.

Royal College of Veterinary Surgeons (2012). Serious professional misconduct.

Saldana, J. (2013). The coding manual for qualitative researchers. London: Sage Publications.

Smith, K. and Davies, J. (2010). Qualitative data analysis. London: Sage Publications

Smith, R. and Fleming, D. (2007). Educational Malpractice? Higher Ed may be courting trouble with overpaid execs and restless consumers. Connection Spring, 22-23. Techlawjournal.com. Certoriari.

Theron, P. M. (2015). Coding and data analysis during qualitative empirical research in Practical Theology. In Die Skriflig/In Luce Verbi, 49(3), 1–9:
http://doi.org/10.4102/ids.v49i3.1880

Transparency International. (2013). Global corruption Report: Education. New York: Routledge.

Yiming, Z. and YanPing, F. (2011). Characterizing reform and change of teacher education in China in the new era. Journal of Research, Policy and Practice of Teachers and Teacher Education, 1 (1), 30-44.

Downloads

Published

2018-12-01

How to Cite

B. Calderon, A. B., & Ancho, I. V. (2018). Examining malpractice in the education context. Journal of Research, Policy & Practice of Teachers and Teacher Education, 8(2), 95–103. https://doi.org/10.37134/jrpptte.vol8.no2.9.2018