Republic Act 7877

"Anti-Sexual Harassment Act of 1995."

Section 2. Declaration of Policy

The State shall value the 1dignity of every individual, 2enhance the development of its human resources, 3guarantee full respect for human rights, & 4uphold the dignity of workers, employees, applicants for employment, students or those undergoing training, instruction or education. Towards this end, all forms of sexual harassment in the employment, education or training environment are hereby declared unlawful.

SEC. 3 (b)

(b) In an education or training environment, sexual harassment is committed:      

    (1) Against one who is under the care, custody or supervision of the offender;

     (2) Against one whose education, training, apprenticeship 

or tutorship is entrusted to the offender;       (3) When the sexual favor is made a condition to the giving  of a passing grade, or the granting of honors and scholarships,  or the payment of a stipend, allowance or other benefits,  privileges, or consideration; or       (4) When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or  apprentice.

Rule X. CLASSIFICATION OF ACTS OF SEXUAL HARASSMENT

Section 53.Section 53. Sexual harassment Sexual harassment is classified as is classified as grave,grave,

less grave and light offensesless grave and light offenses..

A. Grave Offenses shall include but are not limited to:

Unwanted touching of private parts of the body (genitalia, buttocks and breast);

Sexual assault;

Malicious touching;

Requesting for sexual favor in exchange for employment, promotion, local or foreign travels, favorable working conditions or assignments, a passing grade, a granting of honors or scholarship, or the grant of benefits or payment of a stipend or allowance, and

Other analogous cases.

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

Unwanted touching or brushing against victim’s body;

Pinching not falling under grave offenses.

Derogatory or degrading remarks or innuendoes directed toward the member of one’ sex or one’s sexual orientation or used to describe a person;

Verbal abuse or threats with sexual overtones; and

Other analogous cases.

C. Light Offenses

Surreptitiously looking or stealing look at a person’s private parts or worn undergarment;

Telling sexist/smutty jokes or sending there 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 and embarrassing or even without such advise, when they are by nature clearly embarrassing, offensive and vulgar;

Malicious leering or ogling; The display of sexually offensive pictures,

materials or graffiti; Unwelcome inquiries or comment about a

person’s sex life; Unwelcome sexual flirtation, advances,

proposition;

Making offensive hand or body gestures at an employee;

Persistent unwanted attention with sexual overtones;

Unwelcome phone calls with sexual overtones causing discomfort, embarrassment, offense or insult to the receiver; and

Other analogous cases.

RULE XI. ADMINISTRATIVE LIABILITIES

Section 54

The head of office who fails to act within (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 investigation, be meted the penalty corresponding to the gravity and seriousness of the offenses.

Section 56

The penalties for light, less grave, and grave offenses are as follows:

For light offenses:

2nd offense – fine or suspension not exceeding 30 days

3rd offense – dismissal 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.

If You Are A Victim of Sexual Harassment

Recognize sexual harassment when it happens. Understand that it is not your fault and that it neither "comes with the job" nor is "part of the educational process."

Don't ignore the offensive behavior. The behavior probably will not change if you ignore it without taking further action.

One option is to talk to the harasser. Tell him/her that you find the behavior offensive.

Put your objections to the sexual harassment in writing, send a letter to the harasser, and keep a copy in your file.

Document all sexual harassment incidents or conversations about the incidents. Record the date, time, place, people involved, and who said what to whom. Consider keeping two sets of your documentation for your files.

Don't encourage harassers by smiling, laughing at their jokes, or "flirting back." This type of response can lead a harasser to mistakenly think you enjoy this type of attention.