- On Specific Acts of Sexual Harassment
- Is the “Oblation Run” considered a form of sexual harassment (flashing of private parts)?
- Is cursing considered a verbal offence?
- Can it be considered sexual harassment if it is required (or optional) to do inappropriate actions with sexual hints as part of the application process on organizations?
- What if the act happened between a couple and one romantic partner forgot to ask for consent from the other due to the heat of the moment, can it be considered sexual harassment?
- What if a faculty member or an employee was named as a sexual harasser and no name of victims were revealed? Can it be filed in the OASH? Can it be pursued by OASH?
- What if the offender is not connected to the University (e.g. non-UP joggers in the academic oval? Can I still file an administrative case against them in the OASH? If not, how can OASH assist me?
- Is it sexual harassment when your attention was caught by a woman wearing revealing clothes that made you stare at her?
- Is it sexual harassment when the complainant initially gave consent to the act of sexual harassment, but later realized that she did not want it?
- What if the victim does not want to file a complaint nor talk about it anymore, but I have knowledge of the acts of sexual harassment, can I file a complaint even if the victim has no plan of participating in it?
- What if I saw someone staring at a person maliciously, but the alleged victim i not aware of her surrounding, can she complain the person of sexual harassment when she got informed of the act committed?
- What if the SH act was committed outside of the University but after a class activity and both are members of the UP community are involved? (e.g. bar: hinipuan; beach: “hinawakan ang genitalia”)?
On Specific Acts of Sexual Harassment
Q. Is the “Oblation Run” considered a form of sexual harassment (flashing of private parts)?
A. No. The ‘Oblation Run’, which involves the display of naked men’s bodies, cannot be considered sexual harassment since participation in such an event is voluntary, be it the runners or the onlookers. The display of bodies has a symbolic meaning of “academic freedom” and is a tradition commemorated each year. Under Section 5 of the ASH Code, sexual harassment is defined as “unwanted, uninvited, and unwelcomed acts of a sexual nature”. The Oblation Run does not invite people who might feel this event offensive to their sensibilities; it is a publicly open event that only those who may voluntarily or dare want to see it may go and look, out of curiosity perhaps.
Q. Is cursing considered a verbal offense?
A. It depends. Yes, if the cursing has a sexual meaning or connotation or if it is an “offensive remark about a person’s sex, sexual orientation, or gender identity” (ASH Code Section 5). No, if the cursing is not sexual in nature.
Q. Can it be considered sexual harassment if it’s required (or optional) to do inappropriate actions with sexual hints as part of the application process in organizations?
A. Yes. Section 5 of the ASH Code states that “Sexual harassment may be a demand or request for sexual favor by a person of authority, influence or moral ascendancy in exchange for appointments, grants, grades or favors, or set as terms and conditions for appointments, grants, grades or favors regardless of whether such act or series of acts are accepted by the offended party.” The organization can be considered an entity of authority/influence that requests a sexual act as part of the conditions of the application process. Even if it is optional or the applicants agree, there is still pressure to comply.
Q. What if the act happened between a couple and one romantic partner forgot to ask for consent from the other due to the heat of the moment, can it be considered sexual harassment?
A. Yes. Even if the incident occurred between a couple, consent is necessary. Sexual harassment is defined as “unwanted, unwelcome, uninvited behavior of a sexual nature”. It is important to make sure that all sexually intimate acts are consented by all parties involved, since not giving consent may mean that it is unwanted.
Q. What if a faculty member or an employee was named as a sexual harasser and no names of victims were revealed? Can it be filed in the OASH? Can it be pursued by OASH?
A. Yes. Under Sec. 2 (a) of the ASH Code, faculty and employees are covered by the Code. Also, the complaint, without the names of the victims or complainants, can be filed “by any person for the aggrieved party” (Sec 16 (a)). It means, a third-party complainant can file the complaint on behalf of the victims who do not want yet to reveal their names; provided that they were authorized to file the complaint.
Q. What if the offender is not connected to the University (e.g. non-UP joggers in the academic oval)? Can I still file an administrative case against them in the OASH? If not, how can OASH assist me?
A. If the offender is not part of the persons covered in Sec.mYes. Sec 16 (a) of the Code states that, “A report filed by any member of the community against a non-member of the UP community with the University shall be dealt with similarly.” The complaint will proceed in accordance with the terms of engagement with the University. Significantly, UP can still extend support services such as legal and psychosocial counseling for both parties (Sec. 13, Sec. 2d of the ASH Code).
Q. Is it sexual harassment when your attention was caught by a woman wearing revealing clothes that made you stare at her?
A. Under Section 7 of the ASH Code, staring at a person’s private parts can be classified under Light Offense (a). It may fall under “surreptitiously looking or stealing a look at a person’s private parts…” The person’s ‘revealing’ clothes that made him/her vulnerable to sexual harassment is one of the myths that we want to debunk here. It is in the ‘eyes of the onlooker’ that sexual harassment occurs, not in the clothes of the offended party.
Q. What if I saw someone staring at a person maliciously, but the alleged victim is not aware of her surrounding, can she complain the person of sexual harassment when she got informed of the act committed?
A. No. The definition of sexual harassment leans more on the personal feelings of the one who was harassed. In this case, the one who was sexually was not actually aware of the said SH act. She was only informed about it.
Q. What if the offender claims to have no intention to sexually harass anyone?
A. Yes. Under Sec. 5, Sexual Harassment is defined as “unwanted, uninvited, and unwelcomed behavior of a sexual nature…” and under Sec 7 of the ASH, sexual harassment acts are classified into “light, less grave, and grave offenses.” Thus, the intention of the PCO does not matter whether he or she is conscious of it or not. What matters more is the behavior which can be observed or felt by the aggrieved party as enumerated in the said Section 7 of the Code.
On Filing a Complaint
Q. Which campus has the jurisdiction of the case when the victim is from UPD but the act was committed in UPLB?
A. Under Sec. 15 of the ASH Code, “the report/complaint may be filed with the CU OASH where the incident was committed, or in the CU OASH selected by the aggrieved party, if parties involved are from different CUs.” Therefore, two options are open: it can filed either in UPD where the complaint is affiliated, or with UPLB where the sexual harassment acts happened.
Q. Can teachers file cases against students?
A. Yes. Under Section 5 of the ASH Code, it is stated that “sexual harassment may include…cases involving harassment of teaching or non-teaching personnel by students”. Any sexual harassment acts between members of the UP community (teaching or non-teaching personnel, students, other UP workers, and UP organizations) can be reported to OASH.
Q. Can an alumni file a case against a faculty/student in UP?
A. Yes. According to Section 6 of the ASH Code, “any member of the UP community can be liable for sexual harassment” if they participate in committing such acts. Since the offender is part of the UP community, a case can be filed against them at OASH.
Q. If the offender is a government employee inside the UP premises but not from a UP office, can a case be filed at OASH?
A. No. Section 3 of the ASH Code specifies that “This Code applies to all members of the UP community, including teaching and non-teaching personnel, students, other UP workers, and UP organizations”. Since the offender is not a part of the UP community, OASH does not have the jurisdiction to investigate the case or give any corrective measures. However, the case may be reported to the offender’s workplace.
On Process and Procedures
Q. Does going to OASH for a complaint immediately result in a formal case?
A. No. OASH can also provide consultations and recommendations regarding the case. It is up to the person harassed if they decide to file a formal report or complaint by following the proper procedures.
Q. Are there cases amicably resolved?
A. Yes. Complaints can be settled through an informal procedure called Alternative Dispute Resolution (ADR), which is “any process to amicably resolve a case by the parties themselves with the assistance of a neutral third party, which includes mediation and conciliation” (ASH Code Section 4). However, it is only an option if “(1) it is the first complaint against the person being complained of; (2) the complaint is a light offense; and (3) the case is peer-to-peer” (ASH Code Section 12). Additionally, complaints settled through ADR shall at all times be with the assistance of the OASH.
Q. What would happen if the offender is no longer in UP after the case is processed?
A. As long as the case was filed while the offender was still in UP, the decision from the case and the corrective measures will still be implemented even if they are no longer in UP. For instance, the credentials of a graduate can be withheld or may not be released while the case is pending.
Q. How is the safety of the complainant ensured?
A. “The OASH may coordinate with, refer to, and/or provide appropriate support services to the complainant…Support services may include safety and security measures.” (ASH Code Section 13).
According to Section 19 of the ASH Code, a Temporary or Permanent Protection Order may also be issued to prevent “retaliatory acts or continuing acts of sexual harassment against the complainant and granting other necessary relief…safeguard the complainant from further harm, minimize any disruption to her/his daily life, and facilitate her/his opportunity and ability to independently regain control over her/his life.” This may include removing the respondent from the complainant’s place of work or study and directing the respondent to stay away from the complainant or any place they frequent.