Alternative Dispute Resolution (ADR)

Alternative dispute resolution is any process to amicably resolve a case by the parties themselves with the assistance of a neutral third party. As used in the ASH code, this is limited to mediation and conciliation. 

It is only an option when the following conditions are met:

• It is the first complaint against the person being complained of in any of the constituent universities
• The complaint is a light offense
• The case is peer-to-peer
• Both parties consent to the use of ADR

Complaints settled through ADR shall at all times be with the assistance of OASH.

UP Anti-Sexual Harassment Code Section 4. Definitions, Section 12. Alternative Dispute Resolution.

Grievance Management Mechanism (GMM)

The grievance management mechanism is an alternative process used when an incident report does not proceed to formal complaint, such as if the report is not under the jurisdiction of OASH based on the following:

• Time (ex. past the 4-year prescriptive period for filing a complaint)
• Place (ex. outside of UP during a non-academic, work, or research-related activity)
• Acts (ex. conflict within relationships)

Support services such as counseling and mediation are also available through the GMM.

Preventive Suspension

Upon the recommendation of the ASH Council, the Chancellor or President, as the case may be, may suspend any student, teaching or non-teaching personnel for a non-extendible period of not more than ninety (90) days from issuance of Formal Charge, provided that no suspension shall be beyond the maximum imposable penalty.

An order of preventive suspension may be issued to temporarily remove the respondent from the scene of the complained incident and to preclude the possibility of his/her exerting undue influence or pressure on the witnesses against him/her or destroying, tampering, hiding or suppressing evidence.

• A respondent under preventive suspension shall be prohibited from any or all of the following:
  • Attending classes and academic activities / rendering work
  • Entering UP academic / office / service buildings and their premises
  • Using UP campus facilities, including but not limited to athletic facilities, libraries, and computer laboratories; except dormitories for dormitory residents, health service, houses of worship, police station, resource generation areas, residences, and other as may be recommended by the ASH Council
  • Participating in UP activities within university premises
  • Holding student / office jobs 
  • Enjoying IT privileges as defined by the current policies on IT uses and resources of the University, except online enrolment 

The preventive suspension may include other conditions set by the Chancellor or the Dean or President, as the case may be.

UP Anti-Sexual Harassment Code Section 18. Preventive Suspension.

Prima Facie

Prima facie determines whether there is basis for issuance of preventive suspension. Upon receipt of the response to the report or the expiration of the period for the submission thereof, whichever comes first, all pertinent documents shall be forwarded to the ASH Council for evaluation and determination whether or not a prima facie case for sexual harassment exists. 

Sexual harassment is deemed to exist on the basis of the complaint when any of the following circumstances is alleged:

• The sexual favor is demanded or requested as a condition in hiring, employment or reemployment or in granting favorable compensation or promotion or any other term, condition or privilege; or the refusal to grant the sexual favor results in limiting, segregating or classifying which would discriminate, diminish or deprive employment opportunities or otherwise adversely affect the person who is the object of sexual harassment
• It would impair the rights or privileges of the students, teaching and non-teaching personnel under the law, rules or regulations
• It would result in an intimidating, hostile or offensive employment or learning environment; it could force the offended party to give in to the unwanted, unwelcome or uninvited behavior
• It is committed against a student, trainee or one who is under the care, custody, supervision or advisorship of the offender, or one whose education, training, apprenticeship or tutorship is entrusted to the offender
• It is deemed to be a condition to the giving of a passing grade, the granting of honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or considerations.

UP Anti-Sexual Harassment Code Section 16. Procedures on the Determination of Sexual Harassment.

Protection Order

The Chancellor or President, as the case may be, may issue a Protection Order, on his/her own initiative, or upon application by the complainant, or upon the recommendation of the ASH Council, or Hearing Committee for the purpose of preventing retaliatory acts or continuing acts of sexual harassment against the complainant and granting other necessary relief. The reliefs granted under a Protection Order serve the purpose of safeguarding the complainant from further harm, minimizing any disruption to his/her daily life, and facilitating his/her opportunity and ability to independently regain control over his/her life. The provisions of the Protection Order shall be enforced by the Academic Unit or Office that has authority over the respondent.

A Protection Order may be temporary or permanent.

• A Temporary Protection Order (TPO) may be issued for not more than ninety (90) days unless the charge is for a grave offense, in which case the TPO is issue for the duration of the proceedings.
• A Permanent Protection Order (PPO) may be issued as part of the corrective measures.

The Protection Order may include any, some, or all of the following reliefs:

• Prohibition of the respondent from threatening to commit or committing, personally or through another, any of the acts prohibited in the ASH Code
• Prohibition of the respondent from directly or indirectly harassing, annoying, discriminating or committing any other acts that tend to damage the reputation of the complainant
• Removal and exclusion of the respondent from the place of work or study of the complainant, if they are officemates or classmates, either temporarily or permanently for the purpose of protecting the complainant
• Directing the respondent to stay away from the complainant and to stay away from the residence, school, place of employment, or any specified place frequented by the complainant
• Provision of such other forms of relief as may be deemed necessary to protect and provide for the safety of the complainant, provided, that the complainant consents to such relief

Violation of the TPO / PPO shall be subject to immediate disciplinary action as recommended by the Hearing Committee to the Chancellor.

UP Anti-Sexual Harassment Code Section 19. Protection Order.

Offenses

Light offenses include, but are not limited to: 

• Surreptitious looking or stealing a look at a person’s private parts or underclothing
• Malicious leering or ogling
• Sexual flirtation or persistent unwanted attention with sexual overtones
• Inquiries or comments about a person’s sex life and gender orientation
• Communicating sexist / smutty remarks, causing discomfort, embarrassment, offense or insult to the receiver
• Display of sexually-offensive pictures, materials, or graffiti
• Other analogous cases

Less grave offenses include, but are not limited to: 

• Verbal and/or non-verbal abuse with sexual overtones, including, but not limited to offensive hand or body gestures
• Derogatory or degrading remarks or innuendoes directed toward the opposite or one’s sex, sexual orientation or gender identity
• Touching or brushing against a victim’s body
• Pinching that does not fall under grave offenses
• Sexual advances or propositions
• Other analogous cases 

Grave offenses include, but are not limited to:

• Touching or groping of private parts of the body such as breasts, genitalia, or buttocks
• Forced kissing
• Requesting for sexual favors in exchange for the following:
  • Employment
  • Promotion,
  • Local or foreign travels
  • Favorable working conditions or assignments
  • A passing grade
  • The granting of honors or scholarship
  • The granting of benefits or payment of a stipend or allowance 
• Attempted or consummated unwanted sexual intercourse or torture of the person in a sexual manner
• Other analogous cases 

UP Anti-Sexual Harassment Code Section 7. Classification of Acts.