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.