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Section 1. Declaration of Policy. – The University values and upholds the dignity of every individual, and guarantees the full respect for human rights of all members of the UP community.

Section 2. Policy Standards and Guidelines on Sexual Harassment. – In furtherance of the Declaration of Policy in Section 1 hereof, the following standards and guidelines shall be observed by the University:

Section 3. Coverage. – This Code applies to all members of the UP community.

Section 4. Definitions. – Definitions used in this Code.

Section 5. Sexual Harassment Defined. – Sexual harassment is unwanted, unwelcome, uninvited behavior of a sexual nature or inappropriate sexual advances or offensive remark about a person’s sex, sexual orientation, or gender identity.

Section 6. Persons Liable. – Any member of the UP community is liable for sexual harassment when he/she:

Section 7. Classification of Acts. – Sexual harassment in relation to Section 5 is classified as light, less grave and grave offenses,.

Section 8. Anti-Sexual Harassment Council. – An ASH Council shall be constituted in each of the constituent universities (CUs).

Section 9. Office of Anti-Sexual Harassment. – Each constituent university shall have an Office of Anti-Sexual Harassment (OASH). The OASH shall be directly under the Office of the Chancellor. It shall be headed by a Coordinator.

Section 10. Anti-Sexual Harassment Hearing Pool. – The OASH shall constitute and maintain a pool of students, and teaching and non-teaching personnel with regular appointments from which shall be drawn the members of a Hearing Committee for every case where formal procedure is preferred or is deemed necessary.

Section 11. Procedures. – The University shall provide facilities for both informal and formal procedures for resolving cases or dealing with incidents of sexual harassment.

Section 12. Alternative Dispute Resolution (ADR). – As used in this Code, ADR is limited to conciliation and mediation. It may be resorted to only in one complaint of sexual harassment. Provided, that these three requisites occur: it is the first complaint against the person being complained of; the complaint is a light offense; the case is peer-to-peer. Furthermore, it is understood that the complaint against the respondent is the first complaint filed in any of the constituent universities.

Section 13. Support Services. – The OASH may, at any time, in either formal or informal procedure, coordinate with, refer to, and/or provide appropriate support services to both aggrieved party or person/complainants and persons complained

Section 14. Right to Representation. – The University as complainant shall be represented by the Chancellor or President, as the case may be, or his/her designate.

Section 15. Where to File. – The report/complaint may be filed with the CU OASH where the incident was committed, or in the CU OASH selected by the aggrieved party, if parties involved are from different CUs.

Section 16. Procedures on the Determination of Sexual Harassment.

Section 17. Issuance of Formal Charge. – After finding a prima facie case, the Chancellor or President, as the case may be, shall issue a Formal Charge against any or all of the respondents within fifteen (15) days from receipt of the OASH report and recommendation/s.

Section 18. Preventive Suspension. – Upon the recommendation of the ASH Council, the Chancellor or President, as the case may be, may suspend any student, teaching or non-teaching personnel for a non-extendible period of not more than ninety (90) days from issuance of Formal Charge; Provided, that no suspension shall be beyond the maximum imposable penalty.

Section 19. Protection Order. – The Chancellor or President, as the case may be, may issue a Protection Order, on his/her own initiative, or upon application by the complainant, or upon the recommendation of the ASH Council, or Hearing Committee for the purpose of preventing retaliatory acts or continuing acts of sexual harassment against the complainant and granting other necessary relief. The reliefs granted under a Protection Order serve the purpose of safeguarding the complainant from further harm, minimizing any disruption to her/his daily life, and facilitating her/his opportunity and ability to independently regain control over her/his life. The provisions of the Protection Order shall be enforced by the Head of the Academic Unit or Office that has authority over the respondent.

Section 20. ASH Hearing Committee. – Upon the issuance of a Formal Charge, the Chancellor or President, as the case may be, shall constitute a Hearing Committee of three (3) members drawn from a Hearing Pool, which shall be composed of the

Section 21. Formal Procedure under the ASH Hearing Committee. – All proceedings before the ASH Hearing Committee (Hearing Committee) shall be summary in nature and the Hearing Committee shall not be bound by technical rules of evidence. The parties and their witnesses, if any, shall submit affidavits subject to clarificatory questions by the Hearing Committee.

Section 22. Corrective Measures. – The corrective measures for light, less grave, and grave offenses.

Section 23. Additional Corrective Measures. – In addition to the imposable corrective measures, regardless of the number of times the offense is committed, the following corrective measures may be imposed within the period of service of the corrective measure.

Section 24. Alternative Circumstances. – In the determination of the corrective measures to be imposed, these are the circumstances attendant to the commission of the act shall be considered as alternately mitigating or aggravating.

Section 25. Prescriptive Period. – All complaints for sexual harassment shall be filed with the OASH within four (4) years from the commission of the act complained of.

Section 26. Institution of Separate Actions. – Nothing in this Code shall preclude the complainant from instituting a separate criminal or civil action.

Section 27. Confidentiality Clause. – All proceedings and records related to the case are strictly confidential. For purposes of dissemination of Decisions to pertinent University offices, only the dispositive portion shall be released.

Section 28. Responsible Officials. – The President and the Chancellors shall be directly responsible for the effective implementation of this Code.

Section 29. Protocols for the Prevention of Sexual Harassment. – The ASH Council shall formulate, disseminate and publish protocols for the prevention of sexual harassment upon consultation with the UP community. Academic units may formulate implementing guidelines applicable to their particular situation or context, subject to the review of the ASH Council.

Section 30. Anti-Sexual Harassment Orientation and Clearance Requirement. – All members of the UP community shall undergo an orientation on anti-sexual harassment, once every three (3) years.

Section 31. Review. – The Chancellor shall call for the review of this Code or parts of it by members of the UP community, if none has been made in ten (10) years. Any member of the UP community, through the Chancellor, may propose amendments to the Board of Regents. The amendment, as approved by the BOR, shall take effect on the first day of the succeeding semester. The UP community may propose amendments to the Code.

Section 32. Repealing Clause. – This Code amends and supersedes the University’s Implementing Rules and Regulations of the Anti-Sexual Harassment Act of 1995.

Section 33. Effectivity. – This Code shall take effect seven (7) days from publication in the UP System official publication and website.