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R.A.

7877
ANTI-SEXUAL
HARASSMENT ACT OF 1995

and the

"Administrative Disciplinary
Rules on Sexual Harassment
Cases of Civil Service."

By Cherrie Red D. Loberas


-there was a need to devise
uniform rules and regulations
particularly in the definition of
the administrative offense of
sexual harassment and the
sanctions therefor, and the
procedures for the
administrative investigation,
prosecution and adjudication of
sexual harassment cases.
RESOLUTION NO. 01-0940
ADMINISTRATIVE DISCIPLINARY
RULES ON SEXUAL HARASSMENT
CASES
SEXUAL
Has any of these ever happened to you?

I have been offered a


passing grade in exchange
for a sexual favor by one of
my teachers/instructors.
Has any of these ever happened to you?

I have been offered a money


for tuition fee in exchange
for a sexual favor by any
faculty or employee in PIT or
by any of the guardian
outside PIT
(landlady/landlord, relatives)
Has any of these ever happened to you?

I have been touched,


grabbed, or pinched in a
sexual way by any faculty or
employee in PIT or by any
of the guardian outside PIT
(landlady/landlord,
relatives);
Has any of these ever happened to you?

I have been shown or given


sexual pictures, messages, or
notes by any faculty or
employee in PIT or by any of
the guardian outside PIT
(landlady/landlord, relatives);
Has any of these ever happened to you?

I have been stared or leered


sexually by any faculty or
employee in PIT or by any of
the guardian outside PIT
(landlady/landlord,
relatives);
Has any of these ever happened to you?

I have been academically


threatened by one of my
instructors/teacher if I
will not grant his/her
sexual favor.
Has any of these ever happened to you?

I have been kissed/hugged


unwantedly by any faculty
or employee in PIT or by
any of the guardian outside
PIT (landlady/landlord,
relatives)
If you answered YES to one or more of the
questions, chances are that
you have been sexually harassed.
What is Sexual Harassment?

-demands, request or otherwise requires


any sexual favor from the other, regardless
of whether the demand, request or
requirement for the submission is accepted
by the object of the said act.
- (RA 7877, SECTION 3)
What is Sexual Harassment?

-the administrative offense of sexual harassment 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 of the person
complained of.
Sexual Harassment can be verbal
..
Making sexual comments about
someones body
Telling lies or spreading sexual rumors
Calling someone gay or lesbian in a
negative or mean way
Sexual remarks or accusations
Unwelcome sexual jokes, stories or
comments
Sexual overtones like whistling,
barking, grunts, growling
Catcalling street harassment
Asking personal questions about
sexual life

RESOLUTION NO. 01-0940, Section 3,ADMINISTRATIVE


DISCIPLINARY RULES ON SEXUAL HARASSMENT CASES
It can also be physical

grabbing or touching someone


that makes them feel
uncomfortable
unwanted hugging or kissing
Blocking
Brushing up against the person
Pinching in a sexual way

RESOLUTION NO. 01-0940, Section 3,ADMINISTRATIVE


DISCIPLINARY RULES ON SEXUAL HARASSMENT CASES
And visual
Showing someone
inappropriate pictures that
makes them feel
uncomfortable
obscene gestures and facial
expressions
Staring
Leering
Ogling
Sending unwanted notes,
letters or text messages
Section 53. Sexual harassment is classified as grave, less grave and light
offenses.
A. Grave Offenses shall include, but are not limited to:
1. unwanted touching of private parts of the body (genitalia, buttocks and
breast);
2. sexual assault;
3. malicious touching;
4. requesting for 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
RESOLUTIONofNO.a01-0940,
stipend or3,ADMINISTRATIVE
Section allowance,
DISCIPLINARY RULES ON SEXUAL HARASSMENT CASES
and
Section 53. Sexual harassment is classified as grave, less grave
and light offenses.

B. Less Grave Offenses shall include, but are not limited:


1. unwanted touching or brushing against a victims body;
2. pinching not falling under grave offenses;
3. derogatory or degrading remarks directed toward the members of
one sex, or ones sexual orientation or used to describe a person;
4. verbal abuse with sexual overtones; and
5. other
RESOLUTION analogous
NO. 01-0940, cases.
Section 3,ADMINISTRATIVE
DISCIPLINARY RULES ON SEXUAL HARASSMENT CASES
Section 53. Sexual harassment is classified as grave, less grave and light
offenses.

The following shall be considered Light Offenses;


1. surreptitiously looking or staring a look of a persons private part or
worn undergarments;
2. telling sexist/smutty jokes or sending these through text, electronic mail
or other similar means, causing embarrassment or offense and carried out after
the offender has been advised that they are offensive or embarrassing or, even
without such advise, when they are by their nature clearly embarrassing, offensive
or vulgar;
3. malicious leering or ogling;
RESOLUTION NO. 01-0940, Section 3,ADMINISTRATIVE
DISCIPLINARY RULES ON SEXUAL HARASSMENT CASES
Section 53. Sexual harassment is classified as grave, less grave
and light offenses.

The following shall be considered Light Offenses;


4. the display of sexually offensive pictures, materials or
graffiti;
5. unwelcome inquiries or comments about a persons sex life;
6. unwelcome sexual flirtation, advances, propositions;
7. making offensive hand or body gestures;

RESOLUTION NO. 01-0940, Section 3,ADMINISTRATIVE


DISCIPLINARY RULES ON SEXUAL HARASSMENT CASES
Section 53. Sexual harassment is classified as grave, less grave
and light offenses.

The following shall be considered Light Offenses;


8. persistent unwanted attention with sexual overtones;
9. unwelcome phone calls with sexual overtones causing
discomfort, embarrassment, offense or insult to the receiver;
10. other analogous cases.

RESOLUTION NO. 01-0940, Section 3,ADMINISTRATIVE


DISCIPLINARY RULES ON SEXUAL HARASSMENT CASES
Kinds of Sexual Harassment

QUID PRO QUO HOSTILE


ENVIRONMENT

When the sexual favor is made a condition to the


giving of a passing grade, or the granting of honors When the sexual advance result in an
and scholarships, or the payment of a stipend, intimidating, hostile or offensive
allowance r other benefits, privileges, or environment for the student, trainee or
considerations (Section 3, R.A 7787) apprentice. (Section 3, R.A 7787)
QUID PRO QUO (this for that)
-
the harasser offers something of value for sexual favors

Ill give you an A if you go out with


me,

" I'll get my friends to vote for you if you


take off your shirt.

Ill fail you in this class if you dont give


me a kiss.

" I will tell everyone you have a disease if


you don't make out with me."
HOSTILE ENVIRONMENT

When unwanted touching, comments or gestures are so bad or occur so often


that it:
interferes with your schoolwork,
makes you feel uncomfortable or unsafe
prevents you from participating in or benefiting from a school program or activity

This type of harassment could include:


ongoing catcalls or sexual comments
frequent or severe teasing toward a student related to sexuality, gender identity, physical
appearance, etc.
physical harassment targeted at someone because of their gender identity or expression
Who can be the harasser?

R.A. 7877, Section 3. Education or Training-related


Sexual Harassment Defined

Education, or training related sexual harassment is


committed by the teacher, instructor, professor,
coach, trainor, or any other person who, having
authority, influence or moral ascendancy over
another who demands, request or otherwise requires
any sexual favor from the other regardless whether
the demand, request or requirement for submission is
accepted by the object of said Act.
-RESOLUTION NO. 01-0940, Section 3,ADMINISTRATIVE DISCIPLINARY RULES
ON SEXUAL HARASSMENT CASES

Sexual harassment in school happens when

(1) submission to or rejection of the act or series of


acts as a basis for any decision affecting the
complainant, including, but not limited to, the giving
of a grade, the granting of honors or a scholarship,
the payment of a stipend or allowance, or the giving
of any benefit, privilege or consideration.

(2) the act or series of acts have the purpose or effect


of interfering with the performance, or creating an
Who can be the harasser?

R.A. 7877, Section 3. and Section 6 of 3,ADMINISTRATIVE DISCIPLINARY


RULES ON SEXUAL HARASSMENT CASES

ANY PERSON WHO DIRECTS OR INDUCES ANOTHER


TO COMMIT ANY ACT OF SEXUAL HARASSMENT AS
HEREIN DEFINED, OR WHO COOPERATES IN THE
COMMISSION THEREOF BY ANOTHER WITHOUT
WHICH IT WOULD NOT HAVE BEEN COMMITTED,
SHALL ALSO BE HELD LIABLE UNDER THIS ACT.
Important points to remember
The victim as well as the harasser may be a woman or a man.
The victim does not have to be of the opposite sex;

The harasser can be the students adviser, teacher, guardian,


The harasser can be the victims supervisor, a lecturer, an
relatives whose care,
agentcustody, education,
of the employer, training
a supervisor of the victim
in another area, a co-
is entrusted to. worker, or a non-employee;

The harasser can also be anyone who induces and


cooperates any act of sexual harassment

The harassers conduct must be unwelcome and uncomfortable


on the side of the victim regardless if its just a joke or not.
REMEMBER!

The basis for sexual harassment is not on the intention of the


harasser whether its just a joke or not but on how the victim
feels being harassed.
Do you think women are the only ones
being sexually harassed? ??

While the most common case of reported sexual


harassment involves males harassing females, it could
be known that there are females harassing males, and
either male or female harassing members of their own
gender.
Some Relationships in which Sexual
Harassment could occur:
How does sexual harassment affect the victim?
Physical Effects: Emotional Effects: School Performance
Effects:

Changes in body Anger / Irritability Damaged reputation


weight Depression Drop in quality of
Illness Loss of trust in others work
Dependence on Embarrassment Declining grades
alcohol / drugs Low self-esteem Switching schools
Headaches/stomach Fear / Intimidated Switching classes
aches Self-blame Tardiness
Sleeplessness Powerlessness Absenteeism
Ulcers
Some considers it as
flirting and not
sexual
harassment
But is it really
sexual harassment
or just merely
flirting?
FLIRTING VS. SEXUAL HARASSMENT
Flirting Sexual Harassment
Flirting is welcome attention. Sexual harassment makes us feel
uncomfortable.
Flirting goes both ways.
Sexual harassment is one-sided.
Flirting makes you feel attractive. Sexual harassment feels degrading.
Sexual harassment makes you feel
Flirting makes you feel in control.
powerless.
Flirting makes you feel good about Sexual harassment makes you feel bad
about yourself.
yourself.
Sexual harassment is a violation of
Flirting is legal. school rules AND is illegal.
How to Deal With Sexu
al Harassment in Scho
ol
Part 1: Make it Clear
1. Tell them to stop
Begin by telling the person that what they
are doing is inappropriate and that you
want them to stop. Try saying something
like, "What you are saying or doing makes
me uncomfortable. Please stop right now."
If that does not work, use the word
harassment in your statement to them:
"Stop harassing me. I am going to report
you to the Dean/President/Pulis right
now."
Part 1: Make it Clear
2.Dont blame yourself.
People who sexually harass or bully others
can sometimes be extremely manipulative.
They may try to make you feel as though you
are the one in the wrong for rejecting their
advances or telling them to stop. Dont be
fooled; they have no right to make you
uncomfortable in such a manner. No one has
the right to sexually harass another person,
regardless of their age, position, or level of
authority.
There is no such thing as asking for it.
Part 1: Make it Clear
3. Keep a record of what happens.
If your harasser does not stop after
you've clearly told them to, you
should begin writing down what
happens each time you interact with
him or her. This record can help you
while reporting the harassment. Save
any offensive notes, messages, texts
or e-mails that you receive from the
harasser as evidence of their
inappropriate behavior.
Part 2: Reporting Sexual Harassment

4. Tell your parents.


Before you decide to file a
complaint with your school, let
your parents know what is going
on. Listen to your parents
guidance about the situation. Ask
them if they will help you speak to
your teacher or other authority
figure if youre uncomfortable
doing it alone.
Part 2: Reporting Sexual
Harassment
3. File a complaint.

It is very likely that your teachers


and the schools administration
will be able to resolve your sexual
harassment issue for you, but in
the event the school fails to take
your claims seriously, you may
need to escalate your complaint.
What if the employer of head
of office did not undertake any action despite
his/her knowledge of SH?

The employer of head of office, educational or training institution will be


held liable for the damages arising from acts of sexual harassment if they
are informed by the offended party of the occurrence of such acts, yet no
action has been undertaken.
Section 5, R.A 7787
REFERENCES FOR FILING ADMINISTRATIVE CASE

a. Republic Act No. 7877;


b.Memo Circular No. 2006-019 Revised Implementing Rules and
Regulations of CSC Resolution No. 01-0940;
c. CSC Resolution No. 01-0940 dated May 21, 2001 that
promulgates the Rules and Regulations defining administrative
offense of sexual harassment and prescribing the standard
procedure for the administrative investigation, prosecution and
resolution of sexual harassment cases in public sector; and
d. PNP Memorandum Circular No. 2010-001 Revised
Implementing Rules and Regulations of CSC Resolution No.
01-0940 Re-Administrative Disciplinary Rules on Sexual
Harassment Cases
R.A 7787 Penalty

Sec. 7. Penalties. Any person who violates the provisions of this Act
shall, upon conviction, be penalized by imprisonment of not less than
one (1) month nor more than six (6) months, or a fine of not less than
Ten thousand pesos (P10,000) nor more than Twenty thousand pesos
(P20,000), or both such fine and imprisonment at the discretion of the
court.
RESOLUTION NO. 01-0940

ADMINISTRATIVE DISCIPLINARY RULES


ON SEXUAL HARASSMENT CASES
Section 56. The penalties for light, less grave,
and grave offenses are as follows:
A. For light offenses:
1st offense Reprimand
2nd offense Fine or suspension not
exceeding thirty (30) days
3rd offense Dismissal
Section 56. The penalties for light, less grave,
and grave offenses are as follows:
B. For less grave offenses:
1st offense Fine or suspension of not less
than thirty (30) days and not exceeding six (6)
months
2nd offense Dismissal
Section 56. The penalties for light, less grave,
and grave offenses are as follows:

For grave offenses: Dismissal


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