UP Policy on Sexual Harassment
A guide for faculty and staff

UP IMPLEMENTING RULES ON THE ANTI-SEXUAL HARASSMENT ACT OF 1995
(Approved by the BoR ON 30 JULY 1998)

Sexual harassment is a reprehensible conduct which subverts the mission of the university…the university shall take measures to prevent sexual harassment and eliminate conditions which give rise to sexual intimidation and exploitation within the purview of these Rules and Regulations.
…Accordingly, sexual harassment is hereby declared a ground for administrative disciplinary action and may constitute grave misconduct, disgraceful or immoral conduct, or conduct prejudicial to the best interest of the service…
…covers officials, faculty members, employees, and students within the jurisdiction of the UP System.

WHAT IS SEXUAL HARASSMENT?
Sexual harassment is [an act] committed by an officer, faculty member, employee, coach, trainor, or any person who, having authority, influence, or moral ascendancy over another in any aspect of academic or administrative work in any campus, unit, office, or classroom of the University, demands, requests, or otherwise requires any sexual favor from the other without regard as to whether such demand, request, or requirement is accepted by the latter.

…is not limited to cases involving abuse of authority but includes as well those in peer relationships…or those involving harassment of faculty members or employees by students. It contemplates cases of harassment involving persons of the opposite sex.

- UPIR, July 1998

…is an act, or a series of acts, involving any unwelcome sexual advance, request, or demand for a sexual favor, or other verbal or physical behavior of a sexual nature, committed by a government employee or official in a work-related, training or education-related environment.

- Civil Service Commission Resolution No. 01-0941
effective May 21, 2001

FORMS OF SEXUAL HARASSMENT
Sexual harassment can be physical, verbal, and visual. In terms of gravity, sexual harassment can be considered grave, less grave, or light. Based on Civil Service Commission Resolution No. 01-0940

GRAVE OFFENSES SHALL INCLUDE THE FOLLOWING:
a. Unwanted touching of private parts of the body (genitalia, buttocks, and breast);
b. Sexual assault;
c. Malicious touching;
d. Requesting sexual favor in exchange for employment, promotion, local or foreign travels, favorable working conditions or assignments, a passing grade, the granting of honors or scholarship, or the grant of benefits or payment of a stipend or allowance; and
e. Other analogous cases.

LESS GRAVE OFFENSES SHALL INCLUDE THE FOLLOWING:
a. Unwanted touching or brushing against a victim’s body;
b. Pinching, not falling under grave offenses;
c. Derogatory or degrading remarks or innuendos directed toward the members of one sex or one’s sexual orientation or used to describe a person;
d. Verbal abuse or threats with sexual overtones; and
e. Other analogous cases.

THE FOLLOWING SHALL BE CONSIDERED LIGHT OFFENSES:
a. Surreptitiously looking or stealing a look at a person’s private parts or worn undergarments;
b. Telling sexist/smutty jokes or sending these through text, e-mail, or other similar means, causing embarrassment or offense and carried out after the offender had been advised that they are offensive or embarrassing or, even without such advice, when they are by their nature clearly embarrassing, offensive, or vulgar;
c. Malicious leering or ogling;
d. Display of sexually offensive pictures, materials, or graffiti;
e. Unwelcome inquiries or comments about a person’s sex life;
f. Unwelcome flirtation, advances, and propositions;
g. Making offensive hand or body gestures at an employee;
h. Persistent unwanted attention with sexual overtones causing discomfort, embarrassment, offense, or insult to the receiver; and
i. Other analogous cases.

THINGS TO REMEMBER:

• It is important for faculty to recognize the power they have over their students (grading, thesis supervision, and provision of references) and that students have a high regard for their teachers. It is therefore the responsibility of the faculty to observe proper decorum and maintain a professional relationship with students at all times. This also holds true for relations between senior faculty/junior faculty and faculty/staff.

• Be aware that students come from different socio-economic and cultural backgrounds and thus have varied perceptions of behavior. While there is nothing wrong with being friendly to students, interactions that are perceived as informal and personal may make some students feel uncomfortable, confused, or anxious about the faculty’s intention.

• Refrain from discussing with students their sexual life, (unless it is part of the class discussion in which case duly inform the students about it) or giving unsolicited advice on personal and intimate matters.

• Be supportive of students who seek help for personal issues; however, avoid taking on a counseling role. Refer them to the UP Diliman Gender Office Crisis Counseling Service of the Office of Counseling and Guidance for advice.

• Be aware that some students may not feel comfortable with physical touching and the showing of nude paintings/photographs. If physical touching and the showing of nude paintings/photographs are necessary for teaching, as in physical education and art classes, duly inform the students about it before the start of classes.

• Let your students know about your boundaries for interactions with them. If a student/staff crosses a boundary, let them know right away to avoid misunderstanding.

• All Deans/heads of units who fail to report officially filed complaints of sexual harassment to the Office of Anti-Sexual Harassment shall be administratively liable for NEGLECT OF DUTY.

COMPLAINTS MUST HAVE THE FOLLOWING ELEMENTS:

1. Unwanted, whether done intentionally or not;
2. Sexual in nature;
3. Occurs in a peer, superior-inferior (or vice-versa) relationship in a work, education, or training-related environment;
4. Submission/rejection of acts used as basis for any employment/academic decision; or
5. Effects:
a) Interferes with work performance or creates a hostile, offensive, or intimidating environment; or
b) Might reasonably be expected to cause discrimination, insecurity, discomfort, offense, or humiliation.

HOW TO FILE A FORMAL COMPLAINT:

A formal complaint is a written statement signed and sworn to by the complainant that will formally be investigated. It must contain the following:

1. Full name and address of the complainant;
2. Full name and address of the respondent;
3. A specification of the charges; and
4. A brief statement of the material facts—who, what, when, where, how.

NOTE: All formal investigations are conducted with utmost confidentiality and respect for due process. Retaliation against parties directly or indirectly involved in any incident case or report concerning sexual harassment will not be tolerated. Any act of retaliation in itself shall be a ground for disciplinary action.

REPORT ALL CASES OF SEXUAL HARASSMENT/ASSAULT TO:

OFFICE OF ANTI-SEXUAL HARASSMENT
University Center for Women’s Studies
Magsaysay Cor. Ylanan Sts. UP Diliman

Contact numbers: 920-5301 local 4675
(0927) 605-0066

For counseling services: 920-6950
920-5301 local 4934

For sexual assault/rape: CALL THE UP POLICE IMMEDIATELY (LOCAL 23)
GO TO THE UP HEALTH SERVICE