Current Legal

Issues in
Education
I. Student Matters
A. Student Discipline
B. Right to Quality Education
vis-à-vis Obligation to Pay
Tuition and Other Fees
Legal Basis of School’s Authority to Discipline

MRPS (DECS Order No. 92, s. 1992)

Section 74. Authority to Maintain
School Discipline. Every private school
shall maintain good school discipline
inside the school campus as well as
outside the school premises when
pupils or students are engaged in
activities authorized by the school.
REASON:
For a school system to function
properly, the conduct of pupils
must conform to conditions that
are conducive to learning.
 The Supreme Court in the case of
Philippine School of Business Administration
vs. CA--
“Certainly, no student can absorb the
intricacies of physics or higher mathematics
or explore the realm of the arts and other
services when bullets are flying or grenades
exploding in the air or where looms around
the school premises a constant threat to life
and limb. Necessarily, the school must ensure
that adequate steps are taken to maintain
peace and order within the campus premises
and to prevent the breakdown thereof.”
Extent of School Authority to Discipline

How far does the school’s

authority to maintain school
discipline among its community
members, particularly its
students, extend?
ANSWER

It is undisputed that the school can

discipline its community members
within the school campus during class
hours.

Whether that authority applies even

outside of the school premises and class
hours, the Supreme Court said--
 “x x x It is the better view that there are
instances when the school might be called upon
to exercise its power over its students x x x for
acts committed outside the school and beyond
school hours in the following:
a) In cases of violations of school policies or
regulations occurring in connection with
a school-sponsored activity off-campus;
b) In case where the misconduct of the
student involves his status as a student
or affects the good name or reputation of
the school.”
 Therefore when students misbehave
outside the campus and the misconduct
complained of directly affects the
offender’s status as a suitable member of
that community, there is no reason why
schools may not impose disciplinary
sanctions on him.
 Imposition of Sanctions
Section 75. Imposition of Disciplinary
Action. School officials and academic
personnel shall have the right to impose
appropriate and reasonable disciplinary
measures in case of minor offenses or
infractions of good discipline committed in
their presence. However, no cruel or
physically harmful punishment shall be
imposed or applied against any pupil or
student.
BASIC RULE

As parents, the teachers

shall use discipline not to
punish but to correct, not
to force, but to motivate;
and not to obey with rigid
cadence, but to choose to
follow the right way.
 Hence, schools cannot
generally use methods of
punishing or such
degree of penalties that
a good mother or a good
father would not likely
use on her/his own
children.
 Common Types of Penalties for Minor
Offenses
The legality of some of these penalties
shall be discussed presently.
1) Fine
This penalty is usually imposed on
students who violate internal traffic,
cleanliness, and other rules and regulations.
Only two requisites must be complied with
before this penalty may be legally imposed.
2) Extra Work
Authorities agree that there is no legal action
to compel a person to do something against his
will.
Thus, a student of majority age may not be
subjected to a sanction that would oblige him to
act against his will. However, minor students
who have not been emancipated from parental
authority fall under partia potestas and therefore
“are obliged to obey their parents so long as they
are under parental power, and to observe respect
and reverence toward them always.
3) Corporal Punishment
Article 233 of the Family Code provides that--
“In no case shall the
school administrators,
teacher or individual
engaged in child care
and exercising special
parental authority,
inflict corporal
punishment upon the
child.”
4) Grade Reduction
School authorities and teachers cannot reduce
the grade of a student because of his misconduct
because the measure of academic achievement
must not be based on conduct. Otherwise, the
teacher or the school administration shall be
unable to properly diagnose the student. Batas
Pambansa Blg. 232 provides that--
“Every teacher shall
xxx xxx
5. Refrain from making deductions in
students’ scholastic rating for acts that are
clearly not manifestation of poor scholarship.”
 Section 79 of the MRPS clearly
prevents the reduction of a student’s
grade for misconduct. The only
exception to this rule is when the
offense committed is relevant to the
academic subject in which the
student’s grade was reduced.
Therefore, an elementary schoolchild
may suffer a reduction in his
Character Education grade if he is
guilty of misconduct (see Section 79,
MRPS).
 Sanctions for Grave Offenses
Section 76. Filing of Administrative Action.
When the offense committed is serious x x x the
school head shall cause the filing of the
corresponding administrative action against
the erring pupil or student. No disciplinary
sanction shall be applied upon any pupil or
student except for cause as defined in the rules
and regulations of the school or in this Manual,
and after due process shall have been observed.
The punishment shall be commensurate with
the nature and gravity of the offense.
 Section 77. Categories of Administrative
Penalties. The three categories of
disciplinary administrative sanctions for
serious offenses or violation of school
rules and regulations which may be
applied upon an erring pupil or student
are: Suspension, Exclusion and
Expulsion.
(Note: Also Non-Readmission)
 Three (3) requirements before disciplinary
sanction (Section 77) may be imposed:
a) Must be for cause as
defined
b) Observance of due
process
c) Punishment must be
commensurate
I. Must be for cause as defined in the printed
rules and regulations of the school or in the
MRPS
Section 78. Authority to Promulgate
Disciplinary Rules. Every private schools shall
have the right to promulgate reasonable norms,
rules and regulations it may deem necessary and
consistent with the provisions of this Manual for
the maintenance of good school discipline and
class attendance. Such rules and regulations
shall be effective as of the date of promulgation
and notification to students in an appropriate
school issuance or publication.
 A written code of
discipline contains
an enumeration of
specific offenses
and their
corresponding
penalties.
 What if the misconduct is
not defined and penalized by
written school rules, may the
student still be
administratively charged for
said act or omission?
 Depends on the Type of Offense
Committed
* Two types of offenses
i) Generally accepted acts and/or omission
that are subject to disciplinary action
and imposition of sanctions;
ii) Acts and/or omission which by certain
school rule of conduct and standard of
morality are subject to disciplinary
action and imposition of sanctions.
 For the student to be
disciplinary charged for
said offense -- the first
need not be expressed in
the printed school rules
and regulations. The
latter need to be defined
and penalized.
II. After due process shall have been observed
Requirement of Due Process
The framers of our Constitution
placed due process first among the
provisions of the Bill of Rights.
The section states--
“No person shall be
deprived of life, liberty or
property without due
process of law.”
 Therefore, when a student
commits a serious offense that
entails the imposition of an
administrative penalty as severe
as suspension, non-readmission,
exclusion or expulsion, he must
first be accorded due process.
 There is no justification for the
denial thereof, not even if the
offense was committed in the
presence of faculty members or
other school authorities.
 In Diosdado Guzman, et al. Vs. National
University, et al., the Supreme Court laid
down the minimum standards that must be
met to satisfy the demands of procedural due
process in student disciplinary hearings:
1) The students must be informed in writing
of the nature and cause of any accusation
against them;
2) They shall have the right to answer the
charges against them, with the assistance
of counsel, if desired;
3) They shall be informed of the evidence
against them;
4) They shall have the right to adduce evidence
in their own behalf; and
5) The evidence must be considered by the
investigating committee or
official designated by the
school authorities to hear
and decide the case.
III. The punishment shall be commensurate with
the nature and gravity of the offense

Although school authorities may have

strictly complied with the minimum
requirements of due process, courts may
still INVALIDATE penalty imposed if
NOT commensurate to the nature and
gravity of the offense.
 CONCLUSION
Courts Do Not Intervene With Factual Findings
of Schools Except…
a) Finding is based on speculation;
b) Inferences made are
BLATANTLY mistaken, absurd
or impossible;
c) Grave abuse of discretion;
d) Misapprehension of facts;
e) The tribunal, in arriving at its findings, goes
beyond the issues of the case, AND
f) If there is clear showing of denial of DUE
PROCESS
B. Right to Quality Education vis-à-vis
Obligation to Pay Tuition and Other Fees
Article XIV, Sec. 1, 1987 Constitution
“The State shall protect and promote
the right of all citizens to quality education
at all levels and shall take appropriate
steps to make such education accessible
to all.”
 What is QUALITY EDUCATION?
“x x x making sure that basic education
is really solid, because if it is not solid, it
affects the quality of secondary
education. If secondary education is
poor, then the person goes to college
unprepared for college work. And if he is
allowed to graduate again with a poor
quality college education, he goes to
university professional education even
more unprepared.”
- Rev. Fr. Joaquin Bernas, SJ
In short—
A school, before
promoting or
graduating a student,
must be sure that
he/she (the student)
is functionally literate
to go through next
higher level.
Two (2) Basic Methods of Ensuring Quality
Education

1. Continuous Evaluation of Faculty and

Staff Competence and Efficiency
2. Evaluate Students: Determine Level of
Learning Competencies
To ensure Quality Education:

1) Must be COMPETENT and EFFICIENT

Code of Ethics for Professional Teachers,
Article IV, Section 2—
“Every teacher shall uphold the
highest possible standards of
quality education, shall make the
best preparation for the career of
teaching, and shall be at his best at
all times in the practice of his
profession.”
BP 232 (Education Act of 1982), Section 16 (2)
provides—
“The teacher shall xxx be accountable
for efficient and effective attainment of
specified learning objectives xxx.”

Code of Ethics further mandates that—

“Every teacher shall participate in the
continuing professional education (CPE)
program of the PRC, and shall pursue such
other studies as will improve his efficiency,
enhance the prestige of the profession, and
strengthen his competence, virtue and
productivity in order to be nationally and
internationally competitive.”
(Article IV, Section 3)
 “A teacher shall ensure that
conditions contributive to the
maximum development of
learners are adequate and shall
extend assistance in preventing
or solving learners’ problems
and difficulties.”
(Article IV, Section 3)
To ensure Quality Education:

Teacher is obliged to:

Section 16 (2), BP 232—
“Be accountable
for efficient and
effective
attainment of
specified learning
objectives x x x.”
In short—
A teacher is expected to be efficient and
competent in the performance of his academic
duties at all times.
Otherwise,
A teacher who has consistently shows his
inability to efficiently perform his duties and
responsibilities, within a common performance
standards should not be allowed to stay in school
xxx.
The MRPS provides as just cause of
terminating a faculty—
“Gross inefficiency and incompetence in the
performance of his duties xxx.”
(Section 3 (a))
In Evelyn Pena vs. NLRC, the SC said—
“x x x schools can set high
standards of efficiency for its
teachers since quality
education is a mandate of the
Constitution x x x (s)ecurity
of tenure x x x cannot be
used to shield
incompetence.”

• Duty to continually evaluate

teachers
Evaluate Student Competence (Giving of
Grades) Students Have Right…

Section 16 (5), BP 232--

“Refrain from making deductions
or additions to student’s scholastic
ratings for acts that are clearly NOT
manifestation of scholarships.”
MRPS Section 79
“Basis for Grading. –
The x x x grade or rating x
x x in a subject should be
based solely on his
scholastic performance.
Any addition or diminution
to the grade in a subject
for co-curricular activities,
attendance, or misconduct
shall not be allowed x x x.”
… and Report to Students and Parents--

Section 16 (3), BP 232—

“Render regular
reports on
performance of each
student and to the
latter and latter’s
parents x x x.”
In Reporting--

Students have the RIGHT—

Section 9 (4)—
“x x x to access to
school records x x x.”

and Section 9 (5)—

“x x x issuance of
(school records) within
30 days from request.”
But…
WRONG to demand quality education from private
school and be evaluated of his/her scholastic
competence and be given access to school records if
students refuse to pay tuition and other school fees.
“One must x x x recognize
that it costs money to maintain
high standards of education x
x x. (A)s to private schools,
what is demandable of them is
only commensurate to the
tuition and fees they are
allowed to charge and the
student is able to afford.”
In Julia L. Tan, et al. vs. CA, the SC held—
“x x x since (parents of
students) have failed to
comply with the conditions
and prerequisites for
admission, i.e. x x x
payment of duly approved
tuition fees x x x the school
cannot be regarded as
having acted arbitrary or
capriciously in refusing to
re-enroll (their) children.”
 Paragraph 119, Manual of Information for
Private Schools provide—
“x x x When a student fails
to meet his financial
obligations, the school
should drop him from the
rolls. But when he is allowed
to remain in school until the
end of the term he should not
be deprived of the
examinations. The school
may, however, withhold x x
his final grade xxx”
Section 72, MRPS--

“Withholding of Credentials – The

release of x x x (school records) of any
pupil or student may be withheld for
reasons of x x x NON-PAYMENT OF
FINANCIAL OBLIGATIONS or PROPERTY
RESPONSIBILITY of the pupil or student to
the school. The (records) shall be released
as soon as his obligations shall have been
settled x x x. ”
Principle involved: “TACIT
RESOLUTORY CONDITION” (Civil Code,
Art. 1191)
 It is suggested that the students/
parents be duly informed in writing
before enrollment that FAILURE to pay
the school fees shall give the school
the authority/right to rescind the
enrollment contract and deny the
student concerned his continued stay in
school.
This should be included as part of the the
enrollment form:
“To recognize without reservation, the authority of
_____________ School to bar or not to allow our
child/children from entering the school campus and
attending his/her classes in case we fail to pay two
(2) consecutive installments of the due and
demandable tuition and other school fees as
indicated in the current schedule of payment and
that he/she shall only be readmitted as soon as the
tuition and other school fees are paid; provided
however, that our child will be solely responsible in
keeping up with the lessons, assignments and taking
examinations given during the school days our child
was not allowed to enter and attend classes.”
II. School Personnel Matters
INEFFICIENCY AND INCOMPETENCE
Absences/Tardiness
 to be considered valid
causes for termination
under Section 94 of
MRPS, Section 78 of
TVET Manual and
Article 283 of the Labor
Code, absences and
tardiness must be
habitual and inexcusable.
ISSUE:
When is there “HABITUALITY” in the absences
and tardiness?
ANSWER
1) School policy may fix a maximum number
of absences or tardiness, in excess of which
shall be considered as ‘habitual’ and hence, if
also inexcusable, shall be tantamount to
inefficiency and incompetence.
N.B.
• Policy must be made known to all personnel
concerned
• The maximum number must be reasonable.
 2) In the absence of an existing school policy,
the maximum number of absences for students
as provided for in Section 73 of MRPS may be
applicable.

REASON:
Rule in Section 73 is based on the presumption
that a student needs to attend at least 80% of class
days or hours to complete the course.
Hence, if a teacher incurs absences of more than
20% of his class hours, then the teacher failed to
complete the course. Such is incompetence in its
HIGHEST FORM.
ISSUE:
What if the frequency of absences is “Habitual” in
character but EXCUSABLE? Can teacher be
terminated?
ANSWER
Supreme Court said--
“A working mother who has to frequently
absent because she has also to take care of
her child may also be removed because of
her poor attendance, x x x however, the
award of separation pay would be sustained
under the social justice x x x.” (PLDT vs.
NLRC, 164 SCRA 671)
 ABANDONMENT (absence from work and
deliberate intent to discontinue to return)

Two (2) Requisites

(a) Absences without
authority
(b) Intention not to
return
How to declare ABANDONMENT?

Two (2) Letter Principle

As soon as a teacher starts to incur
absences continuously without
official leave or authority--
send 1st letter requiring him to
report immediately and explain;
AND
send 2nd letter informing him
of termination due to
abandonment
N.B.
Unless employee is
sent the second
letter of termination,
he/she remains an
employee Hence, if
he/she comes back,
the right to his/her
position may still
legally exist no
matter how long the
absence.
NEGLECT OF DUTY
Neglect is defined as the failure to carry
out an expected or required action through
carelessness or by intention.
As a rule, “Neglect of Duty”, to be ground
for termination, must be both GROSS and
HABITUAL.
 Single or isolated acts of negligence do not
constitute just cause for dismissal
 But if the negligent act results to substantial
loss/damage to property or injury to person,
habituality is NOT necessary to justify
dismissal
 Failure to Exercise Parental Responsibility
“The school, its administrators and teachers, x x
x engaged in child care shall have special parental
authority and responsibility over the minor child
while under their supervision, instruction or
custody.
Authority and responsibility shall apply to all
authorized activities whether inside or outside the
premises of the school, x x x.”
Article 218, Family Code

“A teacher shall recognize that the interest and

welfare of learners are his first and foremost
concern, and shall handle each learner justly and
impartially.” (Article VII, Section 2)
 Clearly, a teacher or school
personnel required to exercise
special parental responsibility but
who fails to observe all the
diligence of a good father of a
family in the custody and care of
the pupils and students, shall be
held liable for gross neglect of
duty.
Parental Responsibility

The student while in school, is in the

custody and hence, the responsibility of the
school authorities as long as he is under
the control and influence of the school,
whether the semester has not yet begun or
has already ended.
In Amadora vs. CA, the Supreme Court said-
“Even if the student is just relaxing in
the campus x x x the student is still within
the custody and subject to the discipline
and responsibility of the teachers x x x.”
 Unreasonable Delay to Submit Students’ Grades

A teacher should be held answerable

for failure to submit grades or reports
on time in accordance with the
reasonable deadline.

BP 232 mandates that teachers shall

“(r)ender regular reports on
performance of each student and to the
latter and the latter’s parents or
guardians with specific suggestions
for improvement.”
 In the recent case of University of the East
vs. Romeo A. Jader, the Supreme Court, in
no uncertain terms, declared--
“The court takes judicial notice of the
traditional practice in educational
institutions wherein (teacher) directly
furnishes x x x students their grades. It
is the contractual obligation of the
school (through the teachers) to
TIMELY INFORM AND FURNISH
sufficient notice and information to each
and every student x x x.”
 “x x x The negligent
act of a (teacher) who
fails to observe the rules
of the school, for
instance, by not
promptly submitting a
student’s grade is not
only imputable to the
teacher but is an act of
the school being his/her
employer x x x.”
 Neglect to Keep School Records

School Personnel do have the duty

to keep the school records of each
of his students.
Duty is based on the
pupils’/students’ or their parents’
rights to access to their own school
records and the issuance thereof at
least within thirty (30) days from
request.
IMMORALITY

School employees,
particularly teachers and other
academic personnel, are
definitely bound by the rule
that immorality is a valid
cause for termination. For as
teachers, they serve as an
example to the pupils and the
students, especially during
their formative years.
 TEACHERS AS PROFESSIONALS

Duly licensed professionals who

possess dignity and reputation with high
moral values as well as technical and
professional competence. In the practice
of their noble profession, they strictly
adhere to observe, and practice this set
of ethical and moral principles, standard
and values.
(Preamble, Code of Ethics for
Professional Teachers)
 “Every teacher shall merit reasonable
social recognition for which purpose he shall
behave with honor and dignity at all times
and refrain from such activities as gambling,
smoking, drunkenness and other excesses,
much less illicit relations.”
(Code of Ethics, Article III, Section 3)

“A teacher shall place premium upon self-

respect and self-discipline as the principle of
personal behavior in all relationships with
others and in all situations.”
(Code of Ethics, Article XI, Section 2)
 “A teacher shall maintain at all times a
dignified personality which could serve as
model worthy of emulation by learners,
peers, and others.”
(Code of Ethics, Article XI, Section 3)
Joseph Santos vs. NLRC, Hagonoy Institute, Inc.
“As teacher, (one) serves as an example to
his/her pupils xxx.
Consequently xxx teachers must adhere to the
exacting standards of morality and decency. xxx A
teacher both in his official and personal conduct
must display exemplary behavior.”
He must freely and willingly accept restrictions
on his conduct that might be viewed irksome xxx
the personal behavior of teachers, IN AND
OUTSIDE THE CLASSROOM, must be beyond
reproach xxx they must observe a high standard of
integrity and honesty.”
SERIOUS MISCONDUCT

Misconduct is improper or wrong

conduct. It is the transgression of some
established and definite rule of action, a
forbidden act, a dereliction of duty.
 Giving Failing Students Passing Grades They
Did Not Deserve
Section 79 of the MRPS provides that the
final grade or rating given to a pupil or
student in a subject should be based solely on
his scholastic performance.
 Thus, it is not a matter of discretion
on the part of the teachers in the giving
of the students’ grades, but rather it is
a clear obligation for the teachers to
determine student academic marks
solely based on scholastic performance.
For a teacher to do otherwise, would be
serious academic malpractice or grave
misconduct in the performance of
his/her duties.
 Influencing a Co-Faculty to Change Grade

In the case of Wilfredo T. Padilla vs. NLRC

and San Beda College, the Supreme Court
said--
“This Court is convinced that the
pressure and influence exerted by
petitioner on his colleague to change
a failing grade to a passing one, x x x
constitute serious misconduct, which
is a valid ground for dismissing an
employee.”
 Failure to Maintain Confidentiality of School
Records
BP 232 provides that the students shall have
the right to “x x x the CONFIDENTIALITY of
(their school records) which the School shall
maintain and preserve.

• Confidentiality covers only STRICTLY

confidential records
1) Personal records 4) Adoption papers
2) Academic 5) Medical/guidance
records/ reports reports
3) Birth Certificates 6) Disciplinary records
 Sale of Tickets; Collection of Contribution/
Donations from Pupils / Parents

BP 232, Sec. 9 (9) - students have right to be free

from (voluntary) involuntary contributions
Improper or unauthorized solicitation of
contributions from parents and school
children

VIII, 5. A teacher shall not accept, directly

or indirectly, any remuneration from
tutorials other than what is authorized
for such service.
 Anita Y. Salvarria vs. Letran College, et al.
(296 SCRA 184)

The Supreme Court declared--

“Petitioner contended that her

dismissal was arbitrarily x x x, having
been effected without just cause, on the
premise that the solicitation of funds x
x x was initiated by the students and
that her participation was merely
limited to approving the same. x x x”
 If there is one person more
knowledgeable of x x x policy against
illegal exactions from students, it
would be x x x Salavarria.

Hence, regardless of who initiated

the collections, the fact that the same
was approved or indorsed by
petitioner, made her ‘in effect the
author of the project.’”
 Contracting Loans from Students/Parents

“ x x x the Department considers the

act of teachers in “x x x contracting
loans from parents of their students x
x x” not only a serious misconduct
based on Art. 282 (a) of the Labor
Code, but is likewise a violation of a
student’s right “x x x to be free from
involuntary contribution x x x” (Sec. 9
(9) of BP 232).”
Usec. Antonio E.B. Nachura
CONTRACTING LOANS IS GRAVE OFFENSE

… because reprehensible
behavior such as the use of
trust relationship as leverage
for borrowing money is
involved.
… to avoid exertion
of undue influence by
teachers over the
students or their
parents
WILLFUL DISOBEDIENCE

The orders, regulations, or instructions of

the employer or representative must be:
1. Reasonable and lawful
2. Sufficiently known to the employee;
and
3. In connection with the duties which
the employee has been engaged to
discharge
 Refusal to Relinquish Teaching as Required by
School Administration

In Cruz vs. Medina, a faculty who rose

from the rank to the Deanship, but refused
to relinquish her teaching load even after
accepting the Dean’s position and required
to by Administration the Supreme Court
stated--
“x x x Considering the fact that she was
holding a managerial position, her refusal
to abide by the lawful orders of her
employers would lead to the erosion of
the trust and confidence reposed on her.”
ISSUES
 Disobedience to Transfer

-- It is management’s prerogative to transfer

an employee from one office to another
within the school system, provided that it
does not amount to a demotion in rank or
diminution in pay.
-- Only limitation is mala fides. That is, the
employer cannot exercise this right is where
it is vitiated by improper motive;
-- Employee may disobey an inconvenient
transfer.
 Refusal to Accept Promotion

- This is not insubordination. No

law exists compelling the
acceptance of a promotion, since
this takes the nature of a gift which
a person has the right to refuse.
- A transfer may be refused by the
employee if the transfer is coupled
with or is in the nature of a
promotion.
REQUIREMENT OF DUE PROCESS
For termination of employment, the
following standards on just causes as
defined in Article 282 of the Labor Code:

a) A written notice served on the

employee specifying the ground for
termination, and giving employee
reasonable opportunity to explain
his side;
b) A hearing during which the
employee is given the opportunity to
respond to the charge, present his
evidence or rebut the evidence
presented against him; and
c) A written notice of termination
served indicating that upon due
consideration of all the
circumstances, grounds have been
established to justify his
termination.
SAMPLE NOTICE:
Pursuant to the pertinent provision of the Manual
of Regulations for Private Schools and the Labor
Code, you are hereby charged of ________________,
an offense punishable by ____________, which was
allegedly committed as follows:
(Attached copy of the complaint, if any)
Considering the foregoing, you are hereby required
to explain in writing within three (3) days from
receipt of this notice why no disciplinary action
should be taken against you. Failure on your part to
answer said charges within the prescribed period
shall be deemed a waiver of your right to be heard
and the case shall be resolved on the basis of the
evidence available at hand.
Very truly yours,
The SERRANO DOCTRINE

In Serrano vs. NLRC and Isetann

Department Store, payment of backwages
no longer limited to 3 years only.
“x x x We hold, therefore, that, with
respect to Art. 283 of the Labor Code, the
employer’s failure to comply with the
notice requirement does not constitute a
denial of due process but a mere failure to
observe a procedure for the termination
of employment which makes the
termination of employment merely
ineffectual.”
Halley’s Comet
A memorandum, as it goes
down the chain of command
in an educational institution.
SUBJECT : Operation Halley’s Comet
FROM : Chairman of the Board of Trustees
TO : The President

Tomorrow evening at approximately

eight (8) p.m., Halley’s Comet will be visible
in this area, an event which occurs only once
every seventy five (75) years. Have the
students fall out in the football field in
uniforms and I will explain this rare
phenomenon to them. In case of rain, we
will not be able to see anything, so assemble
the students in the auditorium and I will
show them film of it.
FROM : The President
TO : Vice President for Academic Affairs

By order of the Chairman of the

Board, tomorrow, at eight in the evening,
Halley’s Comet will appear above the
football field, if it rains, fall the students
out in uniforms. Then lead them to the
auditorium where the rare phenomenon
will take place, something which occurs
only once every seventy five years.
FROM : Vice President for
Academic Affairs
TO : College Dean

By order of the Chairman of the

Board, in uniform, at eight o’clock in the
evening tomorrow, the phenomenal
Halley’s Comet will appear in the
auditorium. In case of rain in the
football field, the Chairman of the Board
will give another order, something which
occurs once every seventy five years.
FROM : Dean of College
TO : Academic Coordinators

Tomorrow at eight o’clock in the

evening, the Chairman of the Board will
appear in the auditorium with Halley’s
Comet, something which happens every
seventy-five years. If it rains, the
Chairman of the Board will order the
COMET into the football area in
uniform.
FROM : Academic Coordinators
TO : Department Heads

When it rains tomorrow at eight in the

evening, the phenomenal, seventy-five
year old Chairman Halley, accompanied
by the President will drive his Comet
thru the football field area theater in
uniform.
-END-