Basic Policy and Objective
- Protects individual dignity and human rights.
- Recognizes sexual harassment as a violation of human rights and a detriment to workplace morale and efficiency.
- Aims to prevent sexual harassment and provide clear procedures for resolution, settlement, prosecution, and adjudication within DENR.
Definition and Coverage of Sexual Harassment
- "Administrative offense of sexual harassment" involves unwelcome sexual advances, requests for favors, or behavior of a sexual nature in work or training environments.
- Work-related sexual harassment includes acts affecting employment decisions, work performance, or creating hostile environments.
- Training-related sexual harassment involves acts affecting training outcomes or environments.
- Sexual harassment venues include workplace premises, work-related social functions, official travels, conferences, and communications like emails or letters.
Forms of Sexual Harassment
- Physical: malicious touching, overt advances, unwelcome gestures.
- Verbal: requests or demands for sexual favors, lewd remarks.
- Use of objects or materials with sexual content creating hostile environments.
- Other analogous behaviors.
Persons Liable
- Liability extends to any DENR official or employee regardless of sex or position who directly or indirectly participates, induces, or cooperates in sexual harassment.
Committee on Decorum and Investigation (CODI)
- Committees to be established centrally and locally within 30 days.
- Functions include receiving complaints, conducting investigations, submitting findings, and promoting understanding.
- Committee members include supervisory officials, representatives from legal, administrative, personnel, gender and development sectors, unions, and employees.
- Secretariat provides administrative support.
Pre-Filing Assistance
- Committee or DENR may provide counseling, referral, and advice before complaint filing.
Complaint Procedures
- Complaints must be written, sworn, and include the names, addresses, facts, evidence, and certification against forum shopping.
- Complaints can be filed anytime with the disciplining authority or Committee.
- Complaints sent electronically are initially non-filed until properly sworn within 10 days.
- Withdrawal of complaints does not stop proceedings if evidence merits it.
Preliminary Investigation
- Conducted confidentially within 15 working days.
- Includes ex parte review of affidavits and evidence.
- Committee submits report and recommendations to the disciplining authority within 5 working days after investigation.
Formal Charge and Investigation
- Upon prima facie findings, formal charge issued within 3 working days.
- Charge specifies offenses, facts, evidence, and rights to answer and counsel.
- Respondent must answer within 72 hours.
- Failure to answer waives rights.
- Preventive suspension may be imposed to protect process integrity.
- Suspension duration limits and rules provided, including right of appeal.
- Formal investigations held within strict timelines.
- Parties may agree on stipulations and simplification of issues at pre-hearing.
Hearing Procedures
- Strict schedules with limited postponements.
- Orderly presentation of evidence and examinations.
- Objections resolved by Committee.
- Evidence and exhibits properly marked.
- Subpoenas issued for witnesses and documents.
- Proceedings recorded and properly documented.
Decision and Appeals
- Disciplining authority must render decision within 30 days of report receipt.
- Decisions imposing light penalties are final and executory immediately; harsher penalties become final after appeal periods.
- Motions for reconsideration allowed within 15 days.
- Appeals to the Civil Service Commission or Court of Appeals allowed based on penalty severity.
- Appeal procedures and requirements strictly outlined.
- Filing of motions or appeals may stay execution except for certain penalties.
- Cases remanded for due process violations must be reinvestigated within 3 months.
Classification of Offenses and Penalties
- Grave Offenses: unwanted touching of private parts, sexual assault, malicious touching, quid pro quo sexual favors, among others; penalty is dismissal.
- Less Grave Offenses: unwanted touching/brushing, pinching, verbal abuse with sexual overtones; penalties range from fines to dismissal.
- Light Offenses: ogling, sexist jokes, offensive gestures, unwelcome sexual advances; penalties escalate from reprimands to dismissal.
- Multiple charges: penalty based on most serious offense with others as aggravating.
Administrative Liabilities
- Heads who fail to act on complaints within 15 days face neglect of duty charges.
- Guilty parties penalized according to offense gravity.
DENR’s Duty
- Must conduct education and training programs to prevent sexual harassment and handle cases effectively.
- Funds may be sourced from the Gender and Development Focal Point System.
Forum Shopping
- Filing a complaint under DENR rules precludes filing under other laws for the same facts.
Repealing and Effectivity
- Conflicting rules repealed or modified.
- Rules effective 15 days after publication in a widely circulated newspaper.