Question & AnswerQ&A (PSHS IMPLEMENTING RULES AND REGULATIONS OF R.A. NO. 7877, FEBRUARY 6, 2002)
The IRR cover all school officials, teachers, staff, employees or agents of the school under contract, students within the jurisdiction of the PSHS System, and all applicants for teaching, administrative positions, or admission as students after receipt of the application by the campus.
Students include any person enrolled in the four-year secondary course at the PSHS System, and participants in short-term training courses, seminars, workshops, review programs, contests, or competitions conducted by any PSHS campus, on or off campus.
Sexual harassment includes demands or requests for sexual favors by school officials, teachers or staff who have authority or moral ascendancy in academic or administrative work; making sexual favors a condition for benefits such as hiring, promotion, grades, or favorable environment; creating intimidating, hostile, or offensive environments; and malicious touching, verbal requests, use of objects with sexual underpinnings, among others.
Liable persons include school officials, teachers, staff, employees of agents of the school, any other persons with authority or influence, and also those who direct, induce, or cooperate in the commission of sexual harassment.
Physical (malicious touching, overt sexual advances, lewd gestures), verbal (requests or demands for sexual favors, lurid remarks), use of objects or messages with sexual content, and other analogous forms.
The CDI is composed of a Division or Academic Chief as Chairperson, a supervisor or unit head, a union member if any, a rank and file faculty, and a rank and file staff member.
A written, signed, and sworn complaint is filed with the CDI or Campus Director, specifying parties involved, charges, material facts, evidence, and certification against forum shopping. The CDI notifies the respondent, who may file a counter-affidavit. Preliminary investigation follows, then formal charges may be issued if prima facie exists, leading to hearings and decisions within specified timeframes.
Penalties are classified as light (reprimand, fine or suspension up to 30 days, dismissal), less grave (fine or suspension 30 days to 6 months, dismissal), and grave (dismissal). Multiple charges may lead to the highest penalty plus aggravating circumstances.
Yes. Filing of administrative charges does not preclude separate civil actions for damages or criminal prosecution for acts of sexual harassment.
The Campus Director shall be solidarily liable for damages if formally informed of sexual harassment acts and fails to take immediate action.
Any action arising from violation shall prescribe in three (3) years.