QuestionsQuestions (EXECUTIVE ORDER NO. 111)
The purpose is to effectively carry out R.A. No. 7877 within PSHS campuses. It is promulgated in compliance with Section 4 of R.A. No. 7877 and Section 58 of the Administrative Disciplinary Rules on Sexual Harassment Cases embodied in CSC Resolution No. 01-0940 and CSC MC No. 17 (Series of 2001).
It covers (1) all school officials, teachers, staff, employees of agents under contract, and students within PSHS jurisdiction; and (2) applicants for teaching or administrative positions and applicants for admission as students, after receipt of the application by the campus.
A “Student” is any person enrolled in PSHS’ four-year secondary course, including those in short-term training, seminars, workshops, review programs, contests, or competitions conducted by PSHS campuses (on or off campus). “Employee/staff” means any person holding an appointment/designation in any PSHS unit, including contractual employees and employees of agents under contract assigned to a PSHS campus.
Sexual harassment is committed when the offender (1) is a school official/teacher/staff/coach/trainer/employee of an agent under contract or other person; (2) has authority, influence, or moral ascendancy over another in academic/administrative work in the campus or unit; and (3) demands, requests, or requires sexual favor from the other regardless of whether the demand is accepted.
It includes when sexual favor is (1) a condition for hiring/employment/re-employment; (2) a condition for favorable compensation/promotion or other terms/privileges; (3) refusal limits/segregates/classifies a faculty/staff or adversely affects employment opportunities or impairs rights/privileges; (4) the acts create an intimidating, hostile, or offensive environment.
It includes when the harassment is (1) against a student/tutee/trainee/one under the offender’s care, custody, supervision, or advisorship; (2) against one whose education/training/apprenticeship/tutorship is entrusted to the offender; (3) when sexual favor is a condition to a passing/high grade, honors/scholarships, or payment of stipend/allowance/benefits; and (4) when sexual advances result in an intimidating, hostile, or offensive environment for the student/trainee/apprentice.
Yes. It includes peer relationships such as faculty-faculty, employee-employees, and student-student relations.
It provides that sexual harassment under the rules also includes those involving harassment of teachers or employees by students.
It includes: (1) Physical (malicious touching, overt sexual advances, gestures and lewd insinuations); (2) Verbal (requests/demands for sexual favors and lurid remarks); (3) Use of objects/pictures/graphics/letters/written notes/texts via cellular phones with sexual underpinnings; and (4) other analogous forms.
They must (1) prevent or deter commission of sexual harassment; and (2) cause settlement/prosecution/resolution according to the IRR procedure.
It is created in each campus under the Campus Director’s office and composed of: (1) a Division Chief/Academic Chief (Administration representative) as Chairperson; (2) a supervisor/area coordinator/unit head; (3) a union member, if any; (4) a rank-and-file faculty; and (5) a rank-and-file staff.
Informal procedure refers to PSHS action through the CDI that does not involve formal investigation or filing of formal charges. It may include counseling, providing information, referral to an agency offering professional help, and advice on options plus other means of support.
The aggrieved party or a witness/discoverer must report the incident/act in writing to the CDI or any school official/faculty/staff, who must endorse it to the CDI within 24 hours from receipt.
The complaint must be in writing, signed and sworn to by the complainant, and contain: (1) full name/address of complainant; (2) full name/address/position of respondent; (3) specific charge(s); (4) brief statement of relevant and material facts; (5) evidence as affidavits of witnesses if any; and (6) certification of non-forum shopping. Missing any requirement results in dismissal without prejudice.
If the complaint is sufficient, the CDI requires the respondent to file a Counter-Affidavit/Comment under oath within three (3) working days from receipt of notice.
Within five (5) working days from receipt of counter-affidavit/comments, the CDI conducts a preliminary investigation ex parte and must be terminated within fifteen (15) working days thereafter.