Wednesday, December 5, 2007

R-E-S-P-E-C-T

  • this is the era of advanced women's rights, next level women's empowerment.
  • and men are feeling more emasculated than ever.
  • those who can't handle it resort to their cavemen ways-- that is, try to overpower women with force or with any way they can.
  • to anyone, well actually to the male employers/ employees in government, before you go about broadcasting your sexual prowess or conquests in the office / or directing your green jokes at a female co-worker/ below are some pertinent provisions of the ADMINISTRATIVE DISCIPLINARY RULES ON SEXUAL HARASSMENT CASES, RESOLUTION NO. 01-0940, passed by the Civil Service Commission that you may want to know:

RULE III.
DEFINITION

Section 3. For the purpose of these Rules, 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.

(a) Work related sexual harassment is committed under the following circumstances:

(1) submission to or rejection of the act or series of acts is used as a basis for any employment decision (including, but not limited to, matters related to hiring, promotion, raise in salary, job security, benefits and any other personnel action) affecting the applicant/employee; or

(2) the act or series of acts have the purpose or effect of interfering with the complainant’s work performance, or creating an intimidating, hostile or offensive work environment; or

(3) the act or series of acts might reasonably be expected to cause discrimination, insecurity, discomfort, offense or humiliation to a complainant who may be a co-employee, applicant, customer, or word of the person complained of.

(b) Education or training-related sexual harassment is committed against one who is under the actual or constructive care, custody or supervision of the offender, or against one whose education, training, apprenticeship, internship or tutorship is directly or constructively entrusted to, or is provided by, the offender, 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 intimidating, hostile or offensive academic environment of the complainant; or

(3) the act or series of acts might reasonably expected to cause discrimination, insecurity, discomfort, offense or humiliation to a complainant who may be a trainee, apprentice, intern, tutee or ward of the person complained of.
Section 4. Sexual harassment may take place:
1. in the premises of the workplace or office or of the school or training institution;
2. in any place where the parties were found as a result of work or education or training responsibilities or relations;
3. at work or education or training-related social functions;
4. while on official business outside the office or school or training institution or during work or school or training-related travel;
5. at official conferences, fora, symposia or training sessions; or
6. by telephone, cellular phone, fax machine or electronic mail.

RULE IV.
FORMS OR SEXUAL HARASSMENT
Section 5. The following are illustrative forms of sexual harassment:
(a) Physical
i. Malicious Touching;
ii. Overt sexual advances;
iii. Gestures with lewd insinuation.
(b) Verbal, such as but not limited to, requests or demands for sexual favors, and lurid remarks; (c) Use of objects, pictures or graphics, letters or writing notes with sexual underpinnings;
(d) Other forms analogous to the forgoing.


RULE V.
PERSONS LIABLE FOR SEXUAL HARASSMENT

Section 6. Any government official or employee, regardless of sex, is liable for sexual harassment when he/she:

(a) directly participates in the execution of any act of sexual harassment as defined by these Rules;
(b) induces or directs another or others to commit sexual harassment as defined by these Rules; (c) cooperates in the commission of sexual harassment by another through an act without which the sexual harassment would not have been accomplished;
(d) cooperates in the commission of sexual harassment by another through previous or simultaneous acts.

RULE X.
CLASSIFICATION OF ACTS OF SEXUAL HARASSMENT

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 of a stipend or allowance, and
5. other analogous cases.

B. Less Grave Offenses shall include, but are not limited to:
1. unwanted touching or brushing against a victim’s body;
2. pinching not falling under grave offenses;
3. derogatory or degrading remarks or innuendoes directed toward the members of one sex, or one’s sexual orientation or used to describe a person;
4. verbal abuse with sexual overtones; and
5. other analogous cases.

C. The following shall be considered Light Offenses;
1. surreptitiously looking or staring a look of a person’s 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;
4. the display of sexually offensive pictures, materials or graffiti;
5. unwelcome inquiries or comments about a person’s sex life;
6. unwelcome sexual flirtation, advances, propositions;
7. making offensive hand or body gestures at an employee;
8. persistent unwanted attention with sexual overtones;
9. unwelcome phone calls with sexual overtones causing discomfort, embarrassment, offense or insult to the receiver; and
10. other analogous cases.


RULE XI.
ADMINISTRATIVE LIABILITIES

Section 54. The head of office who fails to act within fifteen (15) days from receipt of any complaint for sexual harassment properly filed against any employee in that office shall be charged with Neglect of Duty.

Section 55. Any person who is found guilty of sexual harassment shall, after the investigation, be meted the penalty corresponding to the gravity and seriousness of the offense.

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

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

C. For grave offenses: Dismissal

Section 57. If the respondent is found guilty of two or more charges or counts, the penalty to be imposed should be that corresponding to the most serious charge or count and the rest shall be considered as aggravating circumstances.

***

moral of the entry:

1. be responsible for your action/inaction.

2. DO NOT MESS with a glamazon from UP. (dahil kung halang ang bituka nyo, mas halang ang bituka ko. )

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