On Specific Acts of Sexual Harassment
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.
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.
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.
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.
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.
Yes. If the offender is not part of the persons covered in Sec 3, 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).
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.
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.
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
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 be filed either in UPD where the complaint is affiliated, or with UPLB where the sexual harassment acts happened.
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.
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.
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
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.
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.
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.
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.
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.