Part I. General Provisions
Rule 1. Preliminary Matters
Section 1. Title
This body of rules and regulations shall be known as the Rules and Regulations for the Implementation of the Anti-Sexual Harassment Act of 1995 in Ateneo de Naga University or “Rules”, for short.
Section 2. Terms Used
Meaning of. Whenever used in this body of implementing rules and regulations, the terms or words “Act”, “Institution” and “Committee” shall respectively mean Republic Act No. 7877, also known as the Anti-Sexual Harassment Cases in the Institution.
Section 3. Coverage
These Rules shall govern incidents of sexual harassment in Ateneo de Naga University.
Rule II. Policies
Section 1. State Policy
The State shall value the dignity of every individual, enhance the development of its human resources, guarantee full respect for human rights, and uphold the dignity of workers, employees, applicants for employment, students or those undergoing training, instruction or education. Towards this end, all forms of sexual harassment in the employment, education or training environment are hereby declared unlawful.
It is therefore the duty of the employer or the head of the work-related, educational or training environment or institution, to prescribe the guidelines on proper decorum in the workplace and educational or training institutions, prevent or deter the commission of acts of sexual harassment, and provide the procedures for the resolution, settlement or prosecution of said acts.
Section 2. School Policy and Objectives
The mission of Ateneo de Naga University is to foster an open learning and working environment. The ethical obligation to provide an environment that is free from sexual harassment and from fear that it may occur is implicit. The entire educational community suffers when sexual harassment is allowed to pervade the academic and labor atmosphere. It is therefore the declared policy of the Ateneo de Naga University that sexual harassment is unacceptable behavior and a violation of the law and shall not be tolerated or condoned.
Violations of this policy shall result in disciplinary action up to and including expulsion or termination as the case may be.
All members of the educational community affected by a sexual harassment incident shall be treated with respect and given full opportunity to present their side of the incident.
Part II The Educational Community, Proper Decorum And Sexual Harassment
Rule I. Preliminary Provisions
Section 1. The Educational Community Defined
he educational community consists of those persons or group of persons as such or associated in institutions, involved in organized teaching and learning systems. They are individuals and groups directly involved in the attainment of an educational institution’s objectives, and are therefore bound by shared purposes. The inter relationships of the members or constituent elements of the educational community are characterized by their respective rights and obligations. It may also include others who may have certain dealings with the school.
Section 2. Members Or Constituent Elements
The members or elements of the educational community are as follows:
a) “Parents” - means the father and/or mother or guardian or head of the institution or foster home, which has custody of the pupil or student.
b) “Pupils” or “Students” - refers to children who regularly attend classes in any grade of the elementary education level under the supervision and tutelage of a teacher.
“Students” refers to persons who are regularly enrolled for or engaged in formal education studies and attend classes at the secondary or higher education levels in an educational institution.
c) “School Personnel” refers to all persons working for an educational institution, and includes the following:
1) “Teaching or Academic Staff” refers to all school personnel who are formally engaged in actual teaching service and/or in research assignments, either on fulltime or part-time basis;
2) “School Administrators” refers to the school head or the chief operating officer of a school; or in general, those who are duly appointed to an occupying a position of responsibility involved in both policy-formulation and implementation in a school;
3) “Academic Non-Teaching Personnel” means any person or employee possessing certain prescribed academic functions directly supportive of teaching, such as registrars, librarians, guidance counselors, researchers, research assistants, research aides, and similar persons; and,
4) “Non-Academic Personnel” refers to all other school employees who do not fall under the definition and coverage of teaching and academic staff, school administrators, and academic non- teaching personnel.
d) “Others” Those who may have certain dealings/ transactions with the school.
Section 3. Work Education Or Training Related Sexual Harassment Defined
Work, education or training-related sexual harassment is committed by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, students, or any other person who, having authority, influence or moral ascendancy over another in a work or training or education environment, demands, requests or otherwise requires any sexual favor from the other, implicitly or explicitly regardless of whether the demand, request or requirement for submission is accepted by the object of said act. It can also be committed by a student against another, by a student against administrator, employee or faculty member by way of actions or comments laced with sexual innuendos. Those acts may be committed by a male against male or a female against another female.
a) In a work-related or employment environment, sexual harassment is committed when:
1) The sexual favor is made as a condition in the hiring or in the employment, reemployment or continued employment of said individual, or in granting said individual favorable compensation, terms, conditions, promotions or privileges, or refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in any way would discriminate, deprive or diminish employment
opportunities or otherwise adversely affect said employee;
2) The above acts would impair the employee’s rights or privileges under existing labor laws; or,
3) The above acts would result in an intimidating, hostile or offensive environment for the employee.
b) In an education or training-environment, sexual harassment is committed:
1) Against one who is under the care, custody or supervision of the offender;
2) Against one whose education, training, apprenticeship or tutorship is entrusted to
the offender;
3) When the sexual favor is made a condition to the giving of a passing grade, or the
granting of honors and scholarships, or the payment of a stipend, allowance or
other benefits, privileges, or considerations; or
4) When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice, teacher, employee, or administrator. Sexual harassment can be verbal, visual, or physical. It can be overt, as in the suggestion that a person could get a higher grade or a raise by submission to sexual advances.
The suggestion or advance need not be direct or explicit. It can be implied from the conduct, circumstances, and relationship of the individuals involved.
Section 4. Forms Of Sexual Harassment
Sexual harassment can consist of the following:
a) Persistent, unwanted attempts to change a professional or educational relationship to a personal one.
b) Unwelcome sexual flirtations and inappropriate put downs of individual persons or classes of people. Examples include, but are not limited to the following:
1) Unwelcome sexual advances;
2) Repeated sexual-oriented kidding, teasing, joking, or flirting;
3) Verbal abuse of a sexual nature;
4) Graphic commentary about an individual’s body, sexual prowess, or sexual deficiencies;
5) Derogatory, demeaning or lascivious comments about men and women in general, whether sexual or not;
6) Leering, whistling, touching, pinching, or brushing against another’s body;
7) Offensive crude language; and, 8) Displaying objects or pictures, which are sexual in nature that would create hostile or offensive work or living environments.
These acts may be committed by a male to another male, and a female to another female.
Sexual harassment can also consist of serious physical abuses such as sexual assault and rape.
Section 5. Romantic Relationship
Romantic relationships between faculty and students, and faculty and support staff are hereby discouraged. Gross display of romantic affection in public is prohibited.
Section 6. Other Persons Liable
Any person who directs or induces another to commit any act of sexual harassment as herein defined, or who cooperates in the commission thereof by another without which it would not have been committed, shall also be held liable under these Rules.
Section 7. Basic Types Of Sexual Harassment
a) “Quid pro quo” sexual harassment occurs when submission to or rejection of unwelcome sexual advances, requests to engage in sexual conduct, and other physical and expressive behavior of a sexual nature is used as the basis for employment decisions, giving of passing grades, granting of honors and
scholarships, or the payment of a stipend, allowance or other benefits, privileges, or considerations.
“Quid pro quo” sexual harassment cases are hereby classified as grave.
b) “Hostile or offensive” sexual harassment occurs when unwelcome sexual conduct unreasonably interferes with an individual’s job performance or creates an intimidating hostile, or offensive working or educational environment. Hostile or offensive sexual harassment cases are hereby classified as grave, less grave or light, depending on the reasonable man/woman standards adopted by the
Committee.
Section 8. Sanctions
The following administrative sanctions shall be imposed on sexual harassment
cases:
a. For work-related incidents or sexual harassment:
1. Reprimand and warning
2. Suspension
3. Dismissal
b. For education or training-related acts of sexual harassment:
1. Reprimand and Warning
2. Suspension
3. Dismissal
4. Expulsion (non-readmission to any school)
Sexual harassment offenses shall be classified as grave, less grave and light.
Grave sexual harassment is that which these Rules attach the penalty of suspension.
Less grave sexual harassment cases are those to which these Rules attach the penalty of suspension.
Light sexual harassment cases are those to which these Rules attach the penalty of reprimand and warning.
Section 9. Sanctions Not a Bar to Court Action
Administrative sanctions shall not be a bar to prosecution in the proper courts of unlawful acts of sexual harassment.
Rule II. The Educational Or Training Institution As Locus Of Sexual Harassment
Section 1. The Educational Training Institution’s Dual Role
The educational or training institution shall, under these Rules, be considered as
both a place of study and a place of work.
Section 2. Commission of Sexual Harassment Outside the Campus
The Institution and the Committee shall take cognizance of sexual harassment cases committed by the members of its community outside the Institution; campus and beyond classroom hours in any of the following cases:
a. The violation of the Act or these Rules occurred in connection with an activity sponsored by the Institution outside the campus; and
b. The violation involves the status of the erring member of the educational community or affects the good name or reputation of the Institution.
Part III. Grievance Procedures
Rule I. Committee On Decorum And Investigation
Section 1. Committee on Decorum and Investigation
Committee on Decorum and Investigation is hereby created. The Committee shall conduct meetings, as the case may be, with officers and employees, teachers, instructors, professors, coaches, trainers, and students or trainees to increase understanding and prevent incidents of sexual harassment. It shall also conduct the investigation of alleged cases constituting sexual harassment.
Section 2. Composition of Committee on Decorum and Investigation
In view of the dual role of the educational or training institution mentioned under Section I, Rule II, Part II hereof, the Committee on Decorum and Investigation shall be composed of at least one (1) representative from the administration, the teaching or academic staff, the academic non-teaching and non-academic personnel, and students or trainees, as the case may be.
Rule II. Due Proces
Section 1. Right to Due Process
No disciplinary sanction shall be applied upon erring member of the educational community except for cause and after due process shall have been observed. In sexual harassment cases, the alleged harasser must be afforded due process and as much confidentiality during the process.
Section 2. Procedural Process Standards
The following procedural process standards must be met in sexual harassment cases:
a) The alleged harasser must be informed in writing of the cause of accusation against him/her;
b) He/she shall have the right to answer the charges against him/her, with the assistance of counsel if desired;
c) He/she shall be informed of the evidence against him/her;
d) He/she shall have the right to adduce evidence in his/her own behalf and,
e) The evidence must be considered by the investigating committee or official to hear the case.
Rule III. Complaint And Reporting System
Section 1. Complaint or Reporting System
A complaint or reporting system is hereby installed whereby victims are encouraged to come forward with a report or complaint of incidents of sexual harassment and, allows first for informal resolution and then, if the process, fails, for formal resolution.
Section 2. Who May File
Victim, student, employee, guardian, moderator or teacher of the school, or others who have dealings or transaction with the school may report or file complaint of sexual harassment.
Section 3. Report or Complaint
The report or complaint must be in writing and must contain the following information:
a) The name(s) and address(es) of the complainant(s);
b) The name(s) and address(es) of the respondents;
c) The substance, cause/grounds of complaint;
d) When and where the action complained of happened; and,
e) The name(s) of any witness thereto (if any).
All pertinent papers or documents in support of the complaint must be attached whenever possible. Proofs and evidence of the commission of the offense must also be made available.
Section 4. Furnishing Respondent with Copy of the Complaint
The Committee shall immediately furnish the respondent a copy of the complaint and all its attachments thereto, shall direct him/her (respondent) to file an answer within ten (10) calendar days from receipt thereof.
The Committee shall also calendar the case/complaint for formal investigation/ hearing. The parties shall be duly informed of the hearing, which shall be set immediately after the filing of the answer.
Section 5. Notification of Parents
The parents of the students filing the complaint for sexual harassment as well as the parents of the student who is charged of the matter are to be immediately notified. Such parents or guardian may attend the hearing.
Section 6. Filing of An Answer
Within ten days from receipt of the copy of the complaint, the respondent shall file an answer incorporating, therein all pertinent documents in support of his defense after due notice.
Section 7. Waiver
7a. If the respondent fails to file his/her answer and pertinent documents within the period specified or fails to appear during the hearing, respondent shall be deemed to have waived his/her right to present his/her evidence and the case shall be heard ex parte.
7b. If the respondent fails to attend the investigation, the committee hearing on the case shall proceed with the investigation and ascertain the liability or innocence of respondent.
Section 8. Summary Judgment
If on the basis of pleading/evidences, on record, the Committee finds that there is sufficient ground to render judgment, it shall consider the case submitted for decision.
Section 9. Judgment Based on Position Paper
Whenever summary judgment is not appropriate, the Committee shall direct parties to the case to simultaneously submit their position paper and/or memoranda within ten (10) calendar days from notice after which the case shall be deemed submitted for decision.
Section 10. Investigation Procedure
Where the Committee finds that there are complicated factual issues involved, which cannot be resolved through position papers and/or memoranda, it shall conduct investigation by requiring the parties to submit affidavits. It may, if necessary, direct the parties and witness to appear before it to answer clarificatory questions. For this purpose, it may allow the parties to submit suggested written clarificatory questions which the committee members may propound to the parties concerned.
Section 11. Evaluation of the Case
In evaluating a report or complaint of sexual harassment, an attempt should be made to focus on the perspective of a person situated similarly to the accuser. The Committee should attempt to maintain confidentiality; however, a complainant should be told that complete anonymity might give way to the institution’s obligation to investigate and take appropriate action. Because it is important that every effort be made to keep the incident confidential, discretion should be exercised in determining which witnesses are indeed necessary to the investigation. Anonymous reports of complaints of sexual harassment cases may be entertained by the committee.
Section 12. Preventive Suspension of Student
The preventive suspension of a student exceeding twenty percent (20%) of the prescribed school days shall be reported to the regional office of the Commission on Higher Education (CHED), the Department of Education, Culture and Sports (DECS), or the Technical Education and Skills Development Authority (TESDA) as the case may be.
Rule IV
Section 1. Independent Action for Damages
Nothing in the Act or in these Rules shall preclude the victim of work, education-or training-related sexual harassment from instituting a separate and independent action for damages and other affirmative relief.
Section 2. Prescriptive Period
Any Action on any sexual harassment shall prescribe in three (3) years.
Rule V. Incriminatory Machinations
Section 1. Incriminating Innocent Members of the Educational Community
Any member of the Ateneo de Naga University community who, by any act not constituting perjury, shall directly incriminate or impute to an innocent member of the same community the commission of a sexual harassment act shall be punished in accordance with these rules and regulations.
Section 2. Intriguing Against Honor or Reputation
Appropriate penalty provided for by these rules and regulations shall be imposed upon anyone for any intrigue involving sexual harassment which has for its principal purpose to blemish the honor or reputation of a member of Ateneo de Naga University community.
Rule VI. Administrative Provisions
Section 1. Effectivity
1a. These Rules and Regulations implementing the Anti- Sexual Harassment Act of 1995 in Ateneo de Naga University shall take effect immediately on the day copies of the same are posted in strategic places on the school campus.
1b. The Committee shall immediately cause the posting of these rules and regulations on the Anti-Sexual Harassment Act.