Disciplinary Proceeding in response to, school indiscipline. Administrative and legal acts

Francisco Díaz Rosas y Pedro A. Conejo Rodríguez


In the last yearsmultiple researches related to school violence have been carried out. Most of them are about psychosocial and educational aspects. They have been studied from its slighter manifestations (the disruptive behaviours in the classroom) to the most serious (school harassment). Others, trying to offer solutions, have been concentrated on the improvement of the school coexistence. Nevertheless, there are very few researches that study the administrative and legal aspects of the problem. On many occasions, schools must adopt sanctioning measures to take against misbehaviours that compromise the schools coexistence. In these cases it is very important that the procedure will not invalidated by formal defects or that the school must assume a criminal responsibility or administrative. An incorrect application of the disciplinarymeasures can be denounced in the ordinary courts of justice, finishing with a condemnatory sentence for the school.  In this article we begin with a revision of the legislative frame that regulates the school coexistence and we study how the behaviours seriously detrimental for the coexistence could be approach in the schools. The research begins with the analysis of the disciplinary files of the state high school of Ceuta, from 2004 to 2008. The results show the existence of multiple errors  in the procedure. Later, a questionnaire was sent in 2010 to the teachers of all the schools of the city. Its purpose was to determine if they are enabled to start a sanctioning proceeding correctly. The analysis of the data obtained, revealed that they have very little preparation to perform this function. Finally, we offer several recommendations for elaborating a protocol of procedure in these cases and several guidelines for offering to the teachers the basic knowledge in this area.

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