Title
PSHS IRR of R.A. 7877 on Sexual Harassment
Law
Pshs Implementing Rules And Regulations (irr) Of R.a. No. 7877, February 6, 2002
Decision Date
Feb 6, 2002
The Implementing Rules and Regulations (IRR) of Republic Act No. 7877 for the Philippine Science High School (PSHS) System aims to prevent and address sexual harassment within the PSHS community, providing guidelines for reporting, investigation, and penalties, while emphasizing the importance of treating each other with dignity and respect.

Law Summary

Coverage

  • Applies to all school officials, teachers, staff, employees, agents under contract, and students within the PSHS System.
  • Includes applicants for teaching/administrative positions and student admissions after application receipt.

Definition of Terms

  • PSHS System includes the Executive Director's Office, Main Campus, and six regional campuses.
  • Student means any enrolled person in the four-year secondary course or participant in PSHS training programs.
  • Employee/staff includes all persons holding appointments, including contractual and contracted agents’ employees.
  • Faculty/teacher includes all teaching personnel, counselors, librarians, assistants, trainers, specialists, consultants, and invited speakers.

Sexual Harassment Definition and Liability

  • Sexual harassment committed by school officials, teachers, or staff with authority or influence demanding sexual favors.
  • Liability extends to persons inducing, directing, or cooperating in sexual harassment.
  • Sexual harassment in work context includes conditions tied to hiring, promotion, compensation, or creating hostile environments.
  • In education, harassment relates to conditions tied to grades, honors, scholarships, or creating intimidation.
  • Includes peer-to-peer harassment among faculty, employees, and students, as well as harassment of staff by students.
  • Forms include physical, verbal, use of objects or media, and other analogous acts.

Duties of Executive Director/Campus Director

  • Responsible for preventing, deterring, and resolving sexual harassment acts following IRR procedures.

Committee on Decorum and Investigation (CDI)

  • Established in each campus under the Campus Director.
  • Composed of a Division/Academic Chief (Chairperson), supervisor/unit head, union member, rank and file faculty and staff.
  • Members serve two-year terms.
  • Functions include disseminating rules, receiving complaints, supporting victims, and conducting investigations.

Procedures

  • Informal: Reporting to CDI, counseling, information dissemination, and preventive measures without formal charges.
  • Formal: Written, sworn complaints with specified contents; counter-affidavit required from respondent.
  • Preliminary investigation within 15 working days; report submission to Campus Director.
  • Formal charges issued if prima facie case exists.
  • Respondent files sworn Answer; option to elect formal investigation.
  • Preventive suspension may be ordered by the Board of Trustees.
  • Pre-hearing for stipulations and simplifications; hearings must conclude within 30 days.
  • Campus Director issues decision within 30 days of hearing report.

Appeals and Reconsideration

  • One motion for reconsideration within 15 days on specified grounds.
  • Appeals to Board of Trustees within 15 days following CSC administrative rules.

Administrative Penalties

  • Classified as light, less grave, and grave offenses with corresponding penalties ranging from reprimand to dismissal.
  • Multiple charges result in the highest penalty plus aggravating factors.
  • Failure to act on complaints by Head of Agency constitutes Neglect of Duty.

Guidelines on Proper Decorum

  • Mutual respect and dignity among school officials, faculty, and staff.
  • Avoid green jokes, sexual language, imprudent behavior, and inappropriate body language.
  • Adherence to dress codes.
  • Restrictions on interactions in secluded places and dormitory rooms.

Special Provisions

  • Victims may file independent civil or criminal actions irrespective of administrative proceedings.
  • Criminal penalties include imprisonment and fines.
  • Campus Directors liable for damages if inaction occurs after formal notification.
  • Actions prescribe in three years.
  • Annual reports required from Campus Directors.
  • Adoption of CSC Resolution No. 01-0940 and PSHS Code of Conduct as supplemental rules.
  • Contract employees handled through civil/criminal proceedings and preventive suspension enforced by employer.

Effectivity

  • IRR takes effect upon approval and publication, with certified copies filed at UP Law Center.

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