Adamson says prof was dismissed for ‘gross misconduct, unprofessional behavior’

By: 10 years ago

Adamson University. INQUIRER FILE PHOTO

MANILA, Philippines—The administration of Adamson University stood its ground that it has basis for terminating a professor-faculty member for reportedly cursing a student.

This was discussed by ACT Teachers Partylist Rep. Antonio Tinio and lawyer Agnes Velasquez-Rivera, director for the Office of Legal Affairs of Adamson University in an exclusive interview on “Let’s Talk, Mag-Usap Tayo” on Radyo Inquirer 990 AM on Wednesday.

Lawyer Rivera said the dismissal of Orestes Delos Reyes Jr., a faculty member and president of Adamson University Faculty and Employees Association (Aufea), after it was proven he was guilty of “gross misconduct and unprofessional behavior,” it was made clear he violated section 16 paragraph 4 of the Education Act of 1992.

Rivera added in the said law, it is prohibited to use abusive language like cursing, especially against a student who is still a minor. This was also a clear violation of Republic Act 7610 , which covers abuse of minors.

But on the side of Representative Tinio, he reiterated the termination of Delos Reyes is a case of “union busting” and this has something to do with the government’s implementation of the K-to-12 program.

“We expressed our support for Delos Reyes because for us (ACT), this is a clear case of union busting and retrenchment in preparation for the K-to-12,” said Tinio on Radyo Inquirer.

Lawyer Rivera countered this, citing the complaint of the student and the parents on September 2, 2014, against Delos Reyes. “What Congressman Tinio is saying is not true. This has nothing to do with union busting and the K-to-12 program,” she said in Filipino.

“I would just like to emphasize that the dismissal of Delos Reyes has undergone due process. He was given ample opportunity to explain his side. A hearing was conducted and there was a lawyer during the hearing. Contrary to Mr. Delos Reyes claims, he was not dismissed from service because of his stand on the K-to-12 program. He was dismissed because there’s a complaint from a child and he was found guilty,” Rivera said.

Rivera added after a thorough study and evaluation by the hearing committee, it was proven that Delos Reyes was found guilty of gross misconduct and this was not a simple misconduct.

“It means there’s gravity of his offenses and there’s ample justification for Delos Reyes’ dismissal from employment,” she said.

On the other hand, Tinio admitted he hasn’t studied the copy of the complaint versus Delos Reyes.

“Hindi ko pa talaga napag-aaralan. May natanggap akong kopya. I’ll look over it… pero etong insidente, maraming private schools na may mga plano na nang retrenchment o pagtanggal ng mga guro in preparations for K-to-12 (I haven’t studied it yet. I received a copy and I’ll look over it but this incident, there are many private schools who have plans of retrenchment or dismissal of teachers in preparation for K-to-12),” said Tinio.

Rivera didn’t discount the fact that there will be displacement of workers based on the study of the Commission on Higher Education (CHED), but she pointed out that the K-to-12 program is a legislation that must be followed.

“This is a legislation na hindi na ginusto ng anumang eskwelahan, na hindi ginusto ng sinumang manggagawa ng mga eskwelahan. Ito ay isang legislasyon na ipinalabas ng legislated body at pinirmahan ng President. Ang tangi lamang dapat gawin ng mga eskwelahan at manggagawa ay sundin at hanapan ng paraan kung paano maiiwasan ang displacement (This is a legislation that any educational institution or any school teachers or employees didn’t approve of. [But] this is a law that the President signed. What the schools and their workers can do is follow it and find solutions to avoid displacement),” said Rivera.

In a letter to the school community signed by its president, Bro. Henry Escurel, CM, on October 28, 2014, Adamson University explained it followed due process in terminating Delos Reyes.