SOP No: SS-LG05

SOP Library

SOP NO: SS-LG05 (List of Exhibits/Attachments)

Mission: Support Staff Services

Area: Support Staff Services (SS)

Title: Investigation, Resolution and Prosecution of Acts of Sexual Harassment

Date Approved/Issued: 10/10/1996

Date Effective: 10/15/1996

Digest:

I. TERMS OF REFERENCE

A. Rationale

B. Objective

C. Scope

D. Basis

II. IMPLEMENTING GUIDELINES

B. Specific Acts Constituting Sexual Harassment

The following acts constitute Employment or Work-Related Sexual Harassment:

1. Demand, request or requirement for sexual favor is made for the following considerations:

a. as a condition for hiring or employment, re-employment or continued employment of an individual, or

b. in granting said individual favorable compensation, terms or conditions of employment, promotion or privileges;

2. The demand, request or requirement for sexual favor is made against one whose training is entrusted to the offender;

3. The refusal of the demand, request or requirement for sexual favor will limit, classify or segregate an employee as would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee;

4. The demand, request or requirement for sexual favor would result in intimidating, hostile or offensive environment for the employee.

For this purpose, work or employment related sexual harassment may take place in the following:

1. The office

2. Anywhere else as a result of work responsibilities or employment relations

3. At office related social functions

4. While on official business outside the office or during work-related travel

5. At official conferences, fora, symposia or training sessions

6. Over the telephone, cellular phone, fax machine, E-mail.

C. Forms of Sexual Harassment

The acts of sexual harassment may take any of the following forms:

1. Physical

a. Physical contact or malicious touching

b. Overt sexual advances

c. Unwelcome, improper or any unnecessary gesture of a sexual nature; or

d. Any other suggestive expression or lewd insinuation.

2. Verbal, such as requests or demands for sexual favors or lurid remarks

3. Use of objects, pictures, letters or written notes with bold persuasive sexual under-pinnings and which create a hostile, offensive or intimidating work or training environment which is annoying or disgusting to the victim.

D. Persons Liable for Sexual Harassment

Any official having authority, influence or moral ascendancy over another person, or employee, regardless of sex, are liable for sexual harassment.

Any official or employee, regardless of sex shall similarly be held liable for sexual harassment under the following circumstances:

1. Directing or inducing another to commit any of the acts of sexual harassment defined in these Rules (Principal by Induction) or

2. Cooperating in the commission of the sexual harassment by another without which it would not have been committed (Principal by Indispensable Cooperation).

E. Committee on Decorum and Investigation of Sexual Harassment Cases

A committee on Decorum and Investigation shall be composed of the following:

Central Office

Chairman - Deputy Administrator for Finance and Administration

Members - Department Manager, DLA

Department Manager, HRMD

Department Manager, IAS

AO Representative

Employee Representative from the

Department where the complainant is assigned.

Field Office

Chairman - Regional Manager

Members - Regional Attorney

Supervising Enforcement and Investigation Officer

Employee Representative from the office where

the complainant is assigned.

The committee shall perform the following:

1. Receive the complaint, file the formal charge and investigate and conduct hearings in accordance with the Rules on Administrative Proceedings.

2. Conduct meetings with officers, employees and trainees to increase understanding and prevent incidents of sexual harassment.

In the Field Office, the authority to investigate and hear sexual harassment, cases shall develop upon the Field Committee which shall submit the report of investigation with its findings and recommendation directly to the Central Office Committee.

When a member of the Committee is a complainant or respondent in a sexual harassment case, the member shall inhibit himself/herself from the deliberation of the Committee.

F. Procedures in the Disposition of Sexual Harassment Cases

1. All complaints for sexual harassment must be under oath and supported by the Affidavit of the offended party. Any complaint shall be investigated and disposed of in accordance with the Rules on Administrative Proceedings.

No action shall be taken on an anonymous complaint, nor shall any civil servant be required to answer or comment on said anonymous complaint.

2. Action on the Complaint. Upon receipt of a complaint which is sufficient in form and substance, the head of office shall within five (5) days transmit the same to the Committee on Decorum, both central and field office, shall have authority to file the formal charge. The Committee for this purpose will designate a hearing officer from among themselves.

3. Preliminary Investigation. A preliminary investigation shall be conducted by the Committee wherein the complainant and the respondent shall submit their affidavits and counter-affidavits, as well as those of their witnesses. Failure of the respondent to submit his counter affidavit shall be construed as a waiver thereof.

During the inquiry or proceedings, the parties and their witnesses shall be asked to affirm their signature on said documents and the truthfulness of the statements contained therein. Under no circumstance shall cross-examination of the witnesses be allowed but the hearing officer may propound clarificatory questions.

4. Failure to Affirm Signature and the Contents of Affidavit. Failure of the parties or witnesses to affirm their signature in their affidavits and the contents thereof during the preliminary investigation shall render such affidavit without evidentiary value.

5. Record Proceedings. During the preliminary investigation, the hearing officer shall record in his own handwriting his clarificatory questions to the parties and their witnesses and the answers given thereto. Such records and other notes made by the Hearing Officer shall form part of the records of the case.

6. Duration of Investigation. The preliminary investigation shall commence not later than five (5) days from receipt of the complaint by the Central and Field Committee and shall be terminated not later than ten (10) days thereafter.

7. Investigation Report. Within five (5) days from the termination of the preliminary investigation, the investigating officer shall submit the Report of Investigation and the complete records of the proceeding to the Committee on Decorum for appropriate action.

8. Formal Charge. When the Committee finds the existence of a prima facie case, the respondent shall be formally charged. The respondent shall be furnished copies of the complaint, sworn statements and other documents submitted by the complainant, unless the respondent had already received the same during the preliminary investigation. The respondent shall be given at least seventy-two (72) hours from receipt of said formal charge to submit the answer under oath, together with the affidavits of the witnesses and other evidence. The respondent shall also be informed of the right to assistance of a counsel of his/her choice. If the respondent has already submitted the comment and counter-affidavit during the preliminary investigation, the respondent shall be given opportunity to submit additional evidence.

9. Conduct of Formal Investigation. A formal investigation shall be held after the respondent has filed the answer or after the period for filling an answer has expired. It shall be completed within thirty (30) days from the date of the service of the formal charge, unless the period is extended by the Committee in meritorious cases.

Although the respondent did not elect a formal investigation, one shall nevertheless be conducted if upon evaluation of the complaint, the answer, and the documents in support thereof, the merits of the case can not be judiciously resolved without conducting such a formal investigation.

10. Failure to File an Answer. If respondent fails or refuses to file an answer, respondent shall be considered to have waived the right to file an answer to the charges and formal investigation may already commence.

11. Continuous Hearing Until Terminated: Postponement. Hearing shall be conducted on the hearing dates set by the hearing officer or as agreed upon during the pre-hearing conference. Postponements shall not be allowed except in meritorious cases, provided, that a party shall not be granted more than two (2) postponements.

The parties, their counsel and witnesses, if any shall be given a notice at least five (5) days before the first scheduled hearing and subsequent hearings. Thereafter, the schedule of hearings previously set shall be strictly followed without further notice.

If the respondent fails or refuses to appear during the scheduled hearings, the investigation shall proceed ex parte and the respondent is deemed to have waived the right to be present and to submit evidence in his/her favor during those hearings.

I. Administrative Liabilities

Any person who is found guilty of sexual harassment shall after investigation be meted the penalty corresponding to the gravity and seriousness of the offense. The

classification of acts of sexual harassment

is presented in Annex A.

The penalties for light less grave, and grave offenses are as follows:

1. For light offenses:

a. Reprimand or fine or suspension not exceeding ten (10) days; or

b. Fine or suspension not exceeding twenty (20) days; or

c. Fine or suspension not exceeding thirty (30) days at the discretion of the disciplining authority

2. For less grave offenses:

a. Transfer or demotion in rank or salary of one grade or fine or suspension not exceeding six (6) months; or

b. Fine not exceeding four (4) months or suspension not exceeding eight (8) months at the discretion of the disciplining authority.

3. For grave offenses:

a. Transfer or demotion in rank or salary from two to three grades or fine in an amount equivalent to six (60 months salary; or

b. Suspension for one (1) year; or

c. Dismissal at the discretion of the disciplining authority.

The head of office who fails to act on any complaint properly filed for sexual harassment after being informed thereof against any employee shall be charged with neglect of duty.

H. Prescriptive Period

Any complaint or action arising from the violation of these Rules should be filed within three (3) years from the commission of such violation, otherwise, the same shall be deemed to have prescribed.

III. RESPONSIBILITIES

IV. FLOW CHART
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EXHIBITS

Classification of Acts of Sexual Harassment