Question & AnswerQ&A (DENR ADMINISTRATIVE ORDER NO. 2002-25)
The title is "Revised Implementing Rules and Regulations on the Anti-Sexual Harassment Act of 1995".
The purpose is to prevent or deter acts of sexual harassment and to provide procedures for the resolution, settlement, prosecution, and adjudication of sexual harassment cases within DENR.
All officials and employees of the DENR including bureaus, regional offices, PENROs & CENROs, attached agencies, government-owned or controlled corporations under DENR, trainees, consultants, and employees dismissed under these Rules.
It is any unwelcome sexual advance, request or demand for a sexual favor, or other verbal or physical behavior of a sexual nature committed by a government official or employee in a work-related or training-related environment.
1) When submission to or rejection of the act is used as basis for employment decisions; 2) when the acts interfere with work performance or create a hostile work environment; 3) when the acts cause discrimination, discomfort, or humiliation to the complainant.
In the workplace, during work or training-related duties or functions, official business or travels, conferences or training sessions, and through communication like letters, phone, fax, or electronic mail.
Physical acts like malicious touching, overt sexual advances; verbal requests or demands for sexual favors and lewd remarks; use of objects or pictures with sexual underpinnings creating a hostile environment; and other analogous forms.
Any DENR official or employee regardless of sex or position, who directly participates, induces, directs, or cooperates in the commission of sexual harassment.
To receive complaints, investigate sexual harassment cases, submit findings to the disciplining authority, and conduct educational discussions on sexual harassment prevention.
Grave offenses: dismissal; Less grave offenses: fine or suspension from 30 days to 6 months for first offense, dismissal for second; Light offenses: reprimand for first, fine or suspension up to 30 days for second, dismissal for third offense.
The complaint must be written, signed, sworn to, contain details including names, facts, evidence, and a certification of non-forum shopping; it is filed with the disciplining authority or Committee and undergoes preliminary investigation.
The respondent is deemed to have waived the right to answer, and a formal investigation may commence without their participation.
Preventive suspension lasts up to 90 days; it can be deferred if the respondent is on authorized maternity or paternity leave.
Yes, such decisions can be appealed to the Civil Service Commission within 15 days from receipt.
The Disciplining Authority shall be charged with Neglect of Duty.