Anti-Sexual Harassment Act of 1995 R.A. 7877

What is R.A 7877 ?

• Also known as Anti-Sexual Harassment Act of 1995
• This law declares as unlawful all forms of sexual harassment in school and in places of work.
• It penalizes or punishes the offender after judgment by a court of Law and also allows the punishment of any offender under the rules and regulations that a school or place of work may adopt in accordance with the provisions of the law itself.

What is the purpose of the Law?

• To guarantee that the learning and working environment is free from any sexual harassment and is conducive for a harmonious and productive work and study.
• In attaining this purpose the law seeks to value the dignity of individuals and protect the human resources of the country by guaranteeing full respect for the human rights of the people

Implementing Rules and Regulations for the Anti-Sexual Harassment Act of 1995 (R.A.#7877)

PART I: STATE AND SCHOOL 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 the duty of the employer to prescribe the guidelines on proper decorum in the workplace and educational institution, and to provide the procedure for the resolution settlement or prosecution of said acts.

Section 2. School Policy

One objective of the Holy Angel University is to foster an open learning and working environment. This implies its obligation to provide an environment that is free from sexual harassment and from fear that it may occur. Since the entire academic community suffers when sexual harassment takes place. It is the declared policy of Holy Angel University that sexual harassment is unacceptable behavior and a violation of the law shall never be tolerated or condoned.

Violations of these policies shall result in disciplinary action including but not limited to expulsion or termination as the case may be, without prejudice to criminal prosecution

All members of the HAU community affected by or involved in a sexual harassment incident shall be treated with respect and given full opportunity to present their side of the incident.

Considering the delicate nature of such incidents and possible misconceptions and apprehensions, the University shall accord the respondent as much respect as the complainant, by ensuring confidentiality and due process in the investigation of the case and by punishing those who commit damaging intrigue, perjury or those who are found to have made false accusations.

PART II: DEFINITION OF TERMS

Section 1. School Personnel

This refers to all persons workwing for Holy Angel University, and includes the following:

• Teaching Staff- actually engaged in the teaching service;
• School Administrators- the school head or the chief operating officer of a school or in general, those who are duly appointed (and occupying) a position of responsibility involved in both policy-formulation and implementation;
• Academic Non-Teaching Personnel- any employee possessing certain prescribed academic functions directly supportive of teaching, such as librarians, guidance counselor, researchers, research assistants, and the like;
• Non-Academic Personnel- any employee who does not fall under the definition and coverage of teaching staff, administrators and academic non-teaching personnel.

The University shall be considered both as a place of study and a place of work.

Section 2. Sexual Harassment

Sexual harassment is committed by an employer, agent of the employer, manager, supervisor, employee, instructor, coach, trainor or any other person who having authority, influence, moral ascendancy or physical superiority over another in a work/educational environment demands, requests or requires any sexual favor from another, whether or not the other person accepts the demand, request or requirement. Forms of sexual harassment include:

Forms of Sexual Harassment:

• Unwelcome sexual advances
• Repeated sexually oriented kidding, teasing, joking or flirting;
• Verbal abuse of a sexual nature;
• Graphic commentary aboutan individual’s body, sexual prowess or sexual deficiencies;
• Leering, whistling, touching, pinching or brushing against another’s body;
• Displaying objects which are sexual in nature that would create a hostile or offensive environment;
• Serious physical abuses such as sexual assault and rape;
• Persistent and unwanted attempts to change an educational or professional relationship to a personal or intimate one.

Section 3. When Sexual Harassment is Committed

In a school-as-a-place-of-study setting, sexual harassment is committed:

• Against one who is under the care, custody or supervision of the offender;
• Against one whose education, training, apprenticeship or tutorship of the victim is entrusted to the offender;
• The sexual favor is made a condition to the giving of a passing grade, or the granting of honors and/or scholarships, or the payment of a stipend, allowance or other benefits, privileges or considerations;
• The sexual advances result in an intimidating hostile or offensive environment fort the student/trainee/apprentice.

In a school-as-a-place-of-work setting, sexual harassment is committed:

• The sexual favor is made as a condition in the hiring or in the employment, re-employment or continued employment of the victim;
• The sexual favor leads to the granting of favorable compensation, terms, conditions, promotions or privileges;
• The refusal to grant the sexual favor results in the limiting, segregating or classifying the employee in a way that will discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee;
• The sexual favor or its refusal impairs the employee’s rights or privileges under existing labor laws;
• The sexual favor or its refusal results in an intimidating hostile or offensive for the employee.

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 salary increase by submission to sexual advances. The suggestion need not be direct or explicit, it can be implied from the conduct, circumstances and relationship of the person involved.

Section 4. Offenders

Offenders may be those who have authority, influence or moral ascendancy over another. Students committing sexual offenses will be charged as per provisions of the Student Manual/Handbook.

Section 5. Other Persons Liable

Any person who directs or induces another to commit or succumb to any act of sexual harassment, or who cooperates in the commission of the act, shall also be held liable under these Rules. Theirs penalties will be determined by the extent and nature of their involvement.

Sections 6. Sanctions

The Board shall choose from the following based on the gravity of the offense as determined by it.

• Reprimand
• Suspension
• Termination

Section 7. Sanctions Not a Bar to Court Action or Other Actions

Administrative sanctions shall not be a bar to prosecution in the proper courts. Any offense not falling hereunder may be referred to other school authorities for proper action.

Section 8. Harassment Outside the Campus

The University and the Anti-Sexual Harassment Board herein defined shall take cognizance of sexual harassment cases committed by the members of its community outside the campus and beyond classroom and office hours if the sexual favor falls under section 3 hereof.

PART III: ANTI-SEXUAL HARASSMENT BOARD

Section 1. Anti-Sexual harassment Board and its Functions

An Anti-Sexual harassment Board is hereby created. The Board shall conduct orientation, as the case may be, for employees, faculty, coaches, students, etc., to increase understanding and prevent incidents of sexual harassment. It shall also conduct the investigation of alleged cases. The Board may form a Committee to initially determine if submitted cases merit investigation. The Committee may refer to the Board of Discipline, the Grievance Committee or the Anti-Sexual Harassment Board depending on the nature of the offense.

Section 2. Composition of the Board

The Board shall be composed of representatives of the different sectors of the University as follows:

The University shall appoint a Guidance Counselor to provide assistance to the alleged victim, if he/she is a student.

PART IV: GRIEVANCE PROCEDURES

Section 1. Right to Due Process

No disciplinary sanction shall be applied upon any respondent except for cause, and after due process shall have been observed. The respondent must be afforded confidentiality during the proceedings

Due Process means?

• The alleged offender is informed in writing of the accusation against him;
• He is given the chance to answer the charges against him, with the assistance of counsel if desired;
• He is informed of the evidence against him;
• He is given the chance to present evidence on his own behalf;
• All the evidences are considered by the Committee

Section 2. Written Complaint

The complaint must be in writing, under oath and must contain the following information:

• The name(s) and address(es) of the complainant/s;
• The name (s) of the respondent(s);
• Narration of incident (when, where, how);
• The name(s) of witness(es), if any;
• Attachments of pertinent papers or documents in support of the complaint.

Section 3 - Furnishing Respondent with Complaint

The Board shall immediately furnish the offender a copy of the complaint and all its attachments, and shall direct him to submit an answer and accompanying documents within ten (10) days from receipt thereof. The Board shall schedule the hearing on a date immediately after the give period.

Section 4 - When Victim is a Minor

When the offended party is a minor, the parents, or any adult school personnel may file the complaint for the minor.

Section 5 - Failure to Answer

If offender fails to answer in writing and under oath and submit documents (within ten days from receipt of the complaint), or fails to appear during the conference, the offender shall be deemed to have waived his right to present his evidence and the case shall be heard in his absence.

Section 6 - Confidentiality

The Board should make every effort to maintain confidentiality

Section 7 - Reasonable Man/Woman

In view of the fact that the perceptions of men and women may differ as to what constitutes harmless fun on one hand and offensive conduct on the other hand, the Board shall adopt a “reasonable man/woman” rather than a “reasonable person”, standard to determine whether the act is unwelcome and sufficiently pervasive to constitute sexual harassment. Under this standard, the proper focus is on the victim’s perspective of the given act. Thus, in a typical case, a sexual harassment complaint is proven if a reasonable man or a reasonable woman would consider the act hostile or offensive.

Section 8 - Liability of the Employer or Head of Officer or University

The employer or head of office/university shall be solidarily liable for damages arising from the acts of sexual harassment committed on campus if the employer or head of office/university is informed of such acts by the offended party and no action is taken thereon within ten (10) calendar days from receipt of the complaint.

Section 9 - Written Records

Written records of cases of sexual harassment must be kept and treated with confidentiality. Therefore, the public should have no access to them except upon order of the court. All records shall be kept by the Board Secretariat.

Section 10 - Procedures

The procedures will be summary. The offender cannot invoke cross-examination as a matter of right but may be allowed to ask clarificatory questions if deemed necessary by the Board. If in the motu propio opinion of the Board, no hearing is necessary then it shall issue an order to the effect and declare the case submitted for resolution.

PART V: MISCELLANEOUS PROVISIONS

Section 1. Preventive Suspension of Accused

Any respondent may be placed immediately under preventive suspension without pay for a period not exceeding thirty (30) days

Section 2. Incriminating Innocent Persons

Any member of the academic community, who shall, by perjury, incriminate or impute to an innocent person the commission of a sexual harassment act, shall be meted appropriate penalty by the board.

Section 3. Separability Clause

If any part or provision of the Act or any of these implementing rules and regulations be held invalid or unconstitutional, it shall not affect the effectivity and implementation of its remaining parts or provisions.

Section 4. Repealing Clause

Any rules and regulations, orders and policies of the University which are inconsistent with any provision of the Act or with any of these implementing rules and regulations, are hereby deemed repealed or modified, as the case may be.

Section 5. Effectivity

These Rules and Regulations shall take effect fifteen (15) days after publication and posting by the Board.