Question & AnswerQ&A (DFA DEPARTMENT ORDER NO. 05-02, JANUARY 31, 2002)
These Rules apply to all officers and employees of the Department of Foreign Affairs in the Home Office, Regional Consular Offices, and Foreign Service Posts, including Career and Non-Career personnel, consultants, and seconded personnel.
It is an act or series of acts involving any unwelcome sexual advance, request or demand for sexual favor, or other verbal or physical behavior of a sexual nature committed by an officer or employee in a work-related, training, or education-related environment of the complainant.
Examples include malicious touching, overt sexual advances, lewd gestures, requests or demands for sexual favors, and use of sexual objects, pictures, or graphics.
CODI receives complaints, investigates cases in accordance with procedures, submits reports and recommendations to the Board of Foreign Service Administration (BFSA), leads prevention discussions, and formulates internal rules.
The complaint must be in writing, signed, sworn to, and filed with the Office of the Secretary, OPAS, or the CODI. The respondent is required to file a counter-affidavit within three days. Preliminary investigation follows to determine whether a prima facie case exists.
Offenses are classified into grave, less grave, and light offenses based on the seriousness of the acts committed.
For light offenses: reprimand, fine or suspension up to 30 days, dismissal on third offense. Less grave offenses: fine or suspension 30 days to 6 months, dismissal on second offense. Grave offenses: fine or suspension 6 months to 1 year, dismissal on second offense.
They may file motions for reconsideration with the disciplining authority within 15 days and may appeal decisions of the Secretary to the Civil Service Commission within 15 days and further to the Court of Appeals as applicable.
The offense prescribes within three (3) years from its commission.