Legal Issues Affecting Students

Discussion on STUdenTS RighTS and ReSponSibiliTieS

ATTY. JULIUS A. BABISTA

Director, Office for Student Affairs, Economics and Law Professor ADAMSON UNIVERSITY Member, Integrated Bar of the Philippines

AB Economics, Adamson University, 1997 Master of Economics, De La Salle University, 2002 Bachelor of Laws, Adamson University, 2003

Students Rights and Wrongs

By: Ulan P. Sarmiento

Students Rights and Wrongs

PART I Introduction: Bill of Rights vis--vis Student Rights PART II Constitutional Rights of Students; Limitations

PART I: Introduction: Bill of Rights vis--vis Student Rights

As citizens, STUDENTS enjoy the protection and guarantee to all persons under the Bill of Rights and these rights are carried by a student even upon entering school campus.

However
x x x constitutional rights outside the school and constitutional rights in the school are merely analogous, not univocal.
- Rev. Fr. Joaquin Bernas, SJ

Rights of Students Outside the School The rights outside the school are those enjoyed by everyone within a society x x x. Because of the broad goals of the State and the great variety of people in a State, the rights within a State are necessarily broad. Moreover, there are many things which can damage or destroy a smaller society which cannot harm the State.

Rights of Students Inside the School A school, however, is a specialized society with narrowly drawn goals.

Only those who agree with the goals of the school are expected to enroll.
The goals of the school x x x can be damaged by actions which would normally be tolerated in the larger society.

Hence Rights of those who enroll in a school are those which will not conflict with the constitutional rights in the larger society.

CONCLUSION
The State society (including the students) has rights; so do schools. Philippine jurisprudence recognizes what are called the four (4) Pillars of Academic Freedom to decide
a) Who may enroll; b) Who may teach; c) What will be taught; and d) How teaching is to be carried out

In other words
Students enjoy RIGHTS even inside the school campus
BUT

the exercise should not conflict with the RIGHTS of the SCHOOL as an institution
Otherwise

the exercise thereof shall be WRONG!

PART II: Student Constitutional Rights and Wrongs

First: RIGHT TO QUALITY EDUCATION Article XIV, Sec. 1, 1987 Constitution

The State shall protect and promote the right of all citizens to quality education at all levels and shall take appropriate steps to make such education accessible to all.

What is QUALITY EDUCATION?

x x x making sure that basic education is really solid, because if it is not solid, it affects the quality of secondary education. If secondary education is poor, then the person goes to college unprepared for college work. And if he is allowed to graduate again with a poor quality college education, he goes to university professional education even more unprepared.
- Rev. Fr. Joaquin Bernas, SJ

In short A school, before promoting or graduating a student, must be sure that he/she (the student) is functionally literate to go through next higher level.

Two (2) Basic Methods of Ensuring Quality Education

A. Continuous Evaluation of Faculty and Staff Competence and Efficiency B. Evaluate Students: Determine Level of Learning Competencies

To ensure Quality Education: A. Evaluate Teacher to ensure they are ALWAYS efficient and competent Teacher is obliged to:

Be accountable for efficient and effective attainment of specified learning objectives x x x.

In Evelyn Pea vs. NLRC, the SC said

x x x schools can set high standards of efficiency for its teachers since quality education is a mandate of the Constitution x x x (s)ecurity of tenure x x x cannot be used to shield incompetence.
Duty to continually evaluate teachers

B. Evaluate Students: Determine Level of Learning Competencies MRPS, Section 79

Basis for Grading. The xxx grade or rating x x x in a subject should be based solely on his scholastic performance. Any addition or diminution to the grade in a subject for co-curricular activities, attendance, or misconduct shall not be allowed xxx.

 and Report to Students and Parents Section 16 (3), BP 232

Render regular reports on performance of each student and to the latter and latters parents x x x.

In Reporting Students have the right

Section 9 (4) The right to access to school records x x x. and Section 9 (5) x x x issuance of (school records) within 30 days from request.

But
WRONG to demand quality education from private school and be evaluated of his/her scholastic competence and be given access to school records if students refuse to pay tuition and other school fees.

One must x x x recognize that it costs money to maintain high standards of education x x x. (A)s to private schools, what is demandable of them is only commensurate to the tuition and fees they are allowed to charge and the student is able to afford.

In Julia L. Tan, et al. vs. CA, the SC said

x x x since (parents of students) have failed to comply with the conditions and prerequisites for admission, i.e. x x x payment of duly approved tuition fees x x x the school cannot be regarded as having acted arbitrary or capriciously in refusing to re-enroll (their) children.

Section 72, MRPS

Withholding of Credentials The release of xxx (school records) of any pupil or student may be withheld for reasons of xxx nonpayment of financial obligations or property responsibility of the pupil or student to the school. The (records) shall be released as soon as his obligations shall have been settled xxx.

Second: RIGHT TO STAY IN SCHOOL Section 9 (2), BP 232

Students have:
(t)he right to freely choose their field of study x x x and to continue their course therein up to graduation x x x.

Section 61, MRPS

x x x student who qualifies for enrollment is qualified to stay for the entire period in which he is expected to complete the course in a school x x x.

In Ariel Non, et al. vs. Dames II, et al., the Supreme Court, in rejecting the termination of the contract theory said

x x x contract between school and student is not an ordinary contract. It is imbued with public interest x x x.

BUT...
WRONG for student to still insist on staying in school if The student incurs
(a) Academic delinquency (b) Violations of school rules and regulations

OR
(c) If the school for just cause effects closure of Program or closure of the school itself

Closure of Program or Closure of School Itself

Supreme Court in Capitol Medical Center vs. CA (178 SCRA 493) declared-The contract between the college and the student who is enrolled and pays the fees for the semester is for the entire semester only, x x x. The law does not require a school to see a student through to the completion of his course. If the school closes x x x at the end of the semester, the student has no cause of action for breach of contract against the school.

Academic Delinquency
In University of San Agustin vs. CA, the Supreme Court said
While it is true that an institution of learning has a contractual obligation to afford its student a fair opportunity to complete the course they seek to pursue xxx (w)hen a student xxx fails to maintain the required academic standards, he forfeits his contractual right xxx.

Violation of School Rules

Schools are obliged to maintain school discipline. To comply with mandate, schools are allowed to impose sanctions such as

a) Exclusion; b) Non-readmission; or c) Expulsion

HOWEVER

MRPS, Section 77
x x x No disciplinary sanctions shall be applied x x x except for cause x x x and after due process shall have been observed, x x x.
In short students have

Third: RIGHT TO DUE PROCESS In Diosdado Guzman vs. National University, Supreme Court dictated the minimum requirements of DUE PROCESS-1) Student informed in writing of nature and cause of accusation; 2) Student shall answer charges, with assistance of counsel;

3) Student shall be informed of evidence against him; 4) Student shall have the right to adduce evidence; 5) Evidence must be considered by the school authority to hear and decide the case.

Hence, the following are WRONGS to assert

MYTH (a) NOTICE for college students notice should be given BOTH to students and his/her parents

FACT

Guzman vs. Ateneo Notice to student sufficient. If in Grade or High School, parents notice necessary.

MYTH
(b) Notice of charge must be drawn with the precision of criminal complaint. FACT

ADMU vs. Capulong Disciplinary case in school x x x is not subject to rigorous requirements of criminal due process particularly with respect to specification of the charge involved. x x x Accordingly, disciplinary charges against a student need not be drawn with the precision of a criminal information or complaint.

MYTH (c) That Representation of Legal Counsel is a MUST and school, if student is unable to get or afford one, SHALL secure one for him. FACT

It is enough for the school to merely inform the student of his right to be assisted by a lawyer, and is NOT obliged to secure one for him. The absence of the lawyer shall not invalidate proceedings.

MYTH

(d) The student respondent or his counsel must be accorded the right to crossexamination of witnesses against the student FACT

In ADMU vs. Capulong-Granting that they were denied (crossexamination) opportunity, the same may be said to detract from the observance of due process, for disciplinary cases involving students need NOT NECESSARILY include the RIGHT to cross-examination.

Courts Do Not Intervene With Factual Findings of Schools Except (a) Finding is based on speculation; (b) Inferences made are BLATANTLY mistaken, absurd or impossible; (c) Grave abuse of discretion; (d) Misapprehension of facts; (e) The tribunal, in arriving at its findings, goes beyond the issues of the case AND (f) If there is clear showing of denial of DUE PROCESS

ISSUE

Whether or not the authority of the school to discipline students applies even OUTSIDE of the school premises and beyond class hours.

ANSWER
In Sison vs. Angeles (112 SCRA 26), the SC in answering in the affirmative declared-A college, x x x has a dual responsibility to its students. One is to provide opportunities for learning and the other is to help them grow and develop into mature, responsible, effective and worthy citizens of the community. Discipline is one of the means to carry out the second responsibility.

x x x there are instances when the school might be called upon to exercise its powers over its students x x x for acts outside the school and beyond school hours in the following:
(a) In cases of violation of school policies or regulations occurring in connection with a school-sponsored activity off-campus; or
(b) In case where the misconduct of the student involves his status as a student or affects the good name or reputation of the school.

Fourth: RIGHT TO ASSOCIATIONS

Article III, Section 8, 1987 Constitution The right of people, x x x to form x x x associations or societies for purposes not contrary to law.

Section 9 (8), BP 232

Rights of Students in School. x x x (8) The right to form, establish, join and participate in organizations and societies x x x or to form, establish, join and maintain organizations and societies for purposes not contrary to law.

Thus, no school can prohibit the formation of association not contrary to law NOR compel its students to join them, or NOT to JOIN them.

For the right of individuals to associate or to refrain from association ought to be protected x x x as an individual liberty is protected.

But WRONG for students to form or join organizations if the exercise presents the clear and present danger of a substantive evil which the school have the right to prevent.
-OR-

(a) Purpose of the organization is contrary to law or mission, vision of school; (b) Organization undermines the schools legitimate goals and welfare of students. -OR(c) If the association is formed for the purpose of asserting an unpreferred right contrary to the schools own preferred right.

Further, WRONG to assert that the freedom of Association includes the Right to Compel School Recognition of the Student Organization.
Recognition implies full compliance by the student organization with the school rules and regulations

with recognition are attached the enjoyment of privileges, use of school name and facilities

BUT

Formation of Sororities / Fraternities May Be Forbidden Because

(1) They subvert the legitimate goals of the school; and (2) Students are constrained to submit to school regulations which promote discipline and school objectives.
ALSO

DepEd prohibits the organization of fraternities and sororities in basic education levels.

Fifth: RIGHT TO SPEECH, EXPRESSION OR THE PRESS

(or Conduct of Student Assemblies)

Article III, Section 4, 1987 Constitution

No law shall be passed abridging the freedom of speech, of expression, or the press or the right of the people peaceably to assemble and petition the government for redress of grievances.

Section 9 (7)

7. The right to free expression of opinions and suggestions and to effective channels of communication with appropriate academic and administrative bodies of the school x x x.

SPEECH / EXPRESSION In our system, x x x schools may not be enclaves of totalitarianism. In our system, students may not be regarded as closedcircuit recipients of only that which the school chooses to communicate. In the absence of a specific showing of constitutionally valid reasons to regulate their speech, students are entitled to freedom of expressions of their views [and] school officials cannot suppress expressions of feelings with which they do not wish to contend.

Hence
A school cannot even invoke academic freedom as the basis for punishing students for their legitimate exercise of their freedom of speech, expression or press within the school ground.

But
WRONG for students to assert certain forms of communication which are NOT considered Protected Expression or Protected Speech These are-(a) Obscene (b) Defamatory (c) Fighting Words

(d) Certain forms of criminal speech and invasion of privacy

IMPORTANT: A school rule must however be sufficiently precise in pointing out exactly what is prohibited.

The right of students to free in school premises, x x x, absolute. The right to free must always be applied in the the special characteristics school environment.

speech is not speech light of of the

ALSO
WRONG for students to x x x hold a demonstration against the university during which they barricaded and blockaded the entrances and exits of the school x x x. If physical force, threat, intimidation, and destruction were employed to disrupt the classes and if the demonstration was far from peaceful such expression may be curtailed.

FREEDOM OF THE PRESS

It is the policy of the State to uphold and protect the freedom of the press even at the campus level x x x.

R.A. 7079: Campus Journalism Act of 1991 Definition of terms to determine coverage of law: 1. School an institution for learning in the elementary, secondary or tertiary level composed of the studentry, administration, faculty and non-faculty personnel;

2. Student Publication The issue of any printed material that is independently published by, and which meets the needs and interests of the studentry;

3. Student Journalist Any bonafide student enrolled for the current semester or term, who has passed or met the qualification and standards of the editorial board. He must likewise maintain a satisfactory academic standing;

4. Editorial Board

In the tertiary level:

- shall be composed of student journalists who have qualified in placement examinations - include a publication adviser

5. Editorial Policies A set of guidelines by which a student publication is operated and managed, taking into account pertinent laws as well as the school administrations policies. Said guidelines shall determine the frequency of publications, the manner of selecting articles and features and other similar matters.

Rule IV, Section 2

xxx Once the publication is established, its editorial board shall freely determine its editorial policies and manage the publication funds.

Rule V, Section 1, FUNDING of Student Publication Release of Funds: In both xxx private schools, all student publication funds shall be automatically released to the student publication staff one month after the 1st day of enrollment.

Rule V, Section 2, Preparation of Student Publication Budget 1. The editorial board shall prepare the student publication budget for each semester/year.

2. The budget shall be posted on the school bulletin board and published in the student publication.

3. The budget shall include expenses for the printing costs of the student publication, transportation, and needs of the staff and the teacher-adviser. 4. Disbursements of student publication funds shall be made according to accounting and auditing regulations.

Rule V, Section 3, Publication Fee 1. The editorial board, in coordination with the school administration, may provide a mechanism for the collection of publication fees from the students. 2. The fee shall be determined by the editorial board in consultation with the student body.

3. In elementary and secondary schools, the editorial board shall determine the publication fee for each individual student
in consultation with the student body.

4. The publication funds shall be deposited in the account of the student publication in an authorized depository bank through at least two (2) authorized signatories of the editorial board.

Rule V, Section 4, Printing of Student Publication

The printing of the student publication by a private printer shall be conducted by the editorial board and the student publication staff through canvass or public bidding.

Rule V, Section 5, Financial Report of Expenses 1. Shall be prepared by the editorial board and student publication staff at the close of the school year for the elementary and secondary levels, and every semester for the tertiary level;

2. A certified public accountant shall properly audit the expenditures;

3. The audited summary financial statement shall be published in the student publication at the end of the school term.

Rule VI, Adviser

Section

1,

Publication

The faculty adviser of a tertiary publication shall be selected by the school administration from a list of recommendee submitted by the publication staff. The function shall be one of technical guidance.

Rule VII, Section 1, Selection of Student Staff Members

The selection of the chief editor and other members of the staff of tertiary student publications shall be through competitive examinations prepared, conducted and supervised by a committee composed of the school administration, one faculty member, one mass media practitioner who is acceptable to both (school administration and editorial board) and two past editors to be chosen by the outgoing editorial board.

In fact RA 7079 provides--

Once a student publication is established, the student editorial board are free to determine its own policies and manage publication funds.

Section 7 of RA 7079 or the Campus Journalism Act provides that

A member of the publication staff must maintain his or her status as student in order to retain membership in the publication staff. A student shall not be expelled or suspended solely on the basis of articles he or she has written, or on the basis of the performance of his or her duties in the student publication.

BIG QUESTIONS:

So Can students write and publish articles that are considered by the administration as obscene, vulgar, indecent, gross, sexually explicit, injurious to young readers and devoid of all moral values?

In the poem Virgin Writes Erotic, the last verse said: At zenith I pull it out and find myself alone in this fantasy. Opposite the page was a drawing of a man asleep and dreaming of a naked woman lying in his bed on her buttocks with her head up.

Malas ang Tatlo Na picture mo na ba Nong magkatabi tayong dalawa Sa pantatluhang sofaIkaw, the legitimate asawa At ako, biro mo, ang kerida? Tapos, tumabi siya, shit! Kumpleto na: Ikaw, ako at siya Kulang na lang, kamera.

Sa Gilid ng Itim karneng sariwa, karneng bata, karneng may kalambutan Isang bahid ng dugong dalaga, Maamot malasa ipahid sa mga labing sakim sa romansa. Hinog na para himukin bungang bibiyakin.

Such shall be a WRONG assertion of a Right. For in Miriam College vs. CA, et al., the SC said

The right of the students to free speech in school premises, however, is not absolute. The right to free speech must always be applied in light of the special characteristics of the school environment. Thus, while we upheld the right of the students to free expression in these cases, we did not rule out disciplinary action by the

school for conduct by the student, in class or out of it, which for any reason -whether it stems from time, place, or type of behavior -- which materially disrupts classwork or involves substantial disorder or invasion of the rights of others. xxx xxx xxx x x x we read Section 7 of the Campus Journalism Act to mean that the school

cannot suspend or expel a student solely on the basis of the articles he or she has written, except when such articles materially disrupt class work or involve substantial disorder or invasion of the rights of others.

Expression: Through FASHION

Can a Student assert Freedom of Expression and freely wear any attire, fashion or clothes even if it is contrary to school rules? NO, such shall be a STUDENT WRONG!! In the Alma Concepcion case, UST refused her re-admission for posing as calendar girl wearing only skimpy clothes. Based on University rules such was prohibited.

The CHED commenting decision of UST stated

on

the

It is the position of CHED, xxx higher education institution have the right to select their students pursuant to:

a) Reasonable and equitable admission policies x x x duly published and communicated to the public x x x; and

(b) Such policies should not transgress wellsettled constitutional safeguards on due process and equal protection.

Sixth: RIGHT TO RELIGION Article III, Section 5, 1987 Constitution

No law shall be made xxx prohibiting the free exercise (of religion). The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed x x x.

In Ebralinag vs. Division Superintendent of Schools of Cebu, et al., the SC said

We hold that a similar exemption may be accorded to the Jehovahs Witnesses with regard to the observance of the flag ceremony out of respect for their religious beliefs, however bizarre those beliefs may seem to others.32

DepEd Order No. 53, s. 2001 x x x all schools, both public and private, are directed to review their policies so that the religious rights of students are protected and strengthened.

Specifically, Muslims students

(a) Female allowed to use their veil or headdress (hijab) inside school campus; (b) In PE classes, Muslim girls shall not be required to wear shorts; they shall be allowed to wear appropriate clothing in accordance with their religious beliefs; (c) Muslim students shall not be required to participate in non-Muslim religious rites.

But
WRONG for students to assert freedom of religion to exempt him/her from the religious policy of school. Reason students are not deprived of their freedom of religion in school, but upon enrollment in a religious school they have asserted that right by choosing to abide by schools religion when they voluntarily enrolled therein.

SEVENTH
RIGHT TO PRIVACY

Article III, Section 2, 1987 Constitution The right of the people to secure in their persons, houses, papers and effects against unreasonable searches and seizures of whatever nature and purpose shall be inviolable.

US Supreme Court in New Jersey vs. TLO ruled-(The Constitution) x x x does not require school officials to obtain a warrant or show probable cause before searching a student who is under their authority; rather, the constitutionality of the search depends on its reasonableness in two steps:

1) Under ordinary circumstances, the search of a student at its inception requires reasonable grounds for suspecting the search will turn up evidence that the student has violated either the law or the rules of the school; 2) The scope of the search must be reasonably related to the objectives of the search, the age and sex of the student, and the nature of the infraction. (underscoring supplies)

Random Drug Testing for Colleges and High School Students

RA 9165 Comprehensive Drugs Act of 2002

Section 36

Authorized Drug Testing xxx shall be done by government on xxx (c) Students of secondary and tertiary schools shall xxx undergo random drug testing xxx.

Procedure in Conduct of Random Drug Testing (Board Resolution No. 6, series of 2003, Dangerous Drugs Board)

Section 32 a) The supervising agency shall inform randomly selected schools (and their parents) on their inclusion in the testing. b) The WHOLE student population shall be included. c) The number of samples should yield a statistical 95% confidence level for the whole population

Expenses incurred in testing

xxx shall be done (shouldered) by the government through the Department of Health xxx.

Test results, per Board Resolution No. 6, series of 2003 shall be revealed ONLY to the student and his/her parents.

How about the School?

May conduct its own drug testing.

Reason:

Schools parental responsibility over students/pupils. As parents, they have the obligation to ensure welfare and safety of students.

Because

Prohibited drugs are a RISK to the health

of users

AND
Safety of others from violence that may be

perpetrated by use

Random testing by school to choose only student but NOT all on the basis of a reasonable ground.

Doctrine of Rational Basis to justify drug testing on chosen students must comply with the following
Under ordinary circumstances, the searches (or test) of a student will turn up evidence that student has violated either law or of the school The scope of the search must be reasonably related to the objectives of search (or test), the age and sex of student, and the nature of the infraction.

Eighth: RIGHT TO CONFIDENTIALITY

BP 232, Section 9 (4), Rights of Students
x x x the CONFIDENTIALITY of which the School shall maintain and preserve.

Covers Classified/Strictly confidential records

a) b) c) d) e) f) Personal records; Academic records/reports; Birth certificates; Adoption papers; Medical/guidance reports; and Disciplinary records.

Other than the student to whom the school records belong, they may not be divulged to any other person. For, such records may be obtained only-x x x upon lawful order of the court, or when public safety or order requires otherwise as prescribed by law.

But
WRONG to assert confidentiality over Unclassified or Non-classified RECORDS,
-OR-

Records that should necessarily be made public to enable the State and students or parents to determine the legal existence and the operation of the school and assess school performance.

Such records are-(a) Enrollment lists;

(b) Class and teachers programs;

(c) Teaching contracts;

(d) Directory of graduates;

(e) School annuals;

(f) Catalogs; (g) Approval of courses; (h) Permits and recognition; and (i) Statistical records

Sexual Harassment
(Republic Act No. 7877)

The Problem That Had No Name

Sexual harassment is a problem that many, particularly women, had had to deal with since time immemorial although we did not have a name for it.

1) Droit du seigner - the right of the first night for instance, gave each medieval lord the right to have first sexual access to any female serf who married on his landholdings.

2) Race-related sexual aggression was usually associated with the possession of legal and property rights of slave-owners over their slaves;

3) Class-based harassment of women derived from the superior economic position and authority of male harassers over working class women.

In the Philippines, women workers call it-1) lie down or lay off policy

2) kuatro or kuwarto
3) road test

Modern Concept of Sexual Harassment

In Villarama vs. NLRC, which was decided by the Supreme Court before September 1, 1994 (that is, before the enactment of RA 7877), the Court already made references to sexual harassment as a valid cause for dismissal, declaring-Sexual harassment abounds in all sick societies. It is reprehensible enough but more so when inflicted by those with moral ascendancy over their victims. We rule that it is a valid cause for separation from service.

Finding a valid ground for dismissing the manager, the Supreme Court said: x x x As a managerial employee, petitioner is bound by a more exacting work ethics. He failed to live up to this higher standard of responsibility when he succumbed to his moral perversity and when such moral perversity is perpetrated against his subordinate, he provides a justifiable ground for his dismissal for lack of trust and confidence. It is the right, nay, the duty of every employer to protect its employees from over-sexed superiors.

RA 7877: Sexual Harassment

x x x teacher x x x having authority, influence, or moral ascendancy over another x x x in education environment, demands, requests or otherwise requires sexual favor from other, regardless of whether the demand, request or requirement for submission is accepted x x x.

In school, sexual harassment is committed

a) Against one who is under the care, custody or supervision of the offender; b) Against one whose education, training, apprenticeship or tutorship is entrusted to the offender; c) When the sexual favor is made a condition for passing, or for the grant of honors and scholarships, or for the payment of a stipend, allowances or other benefits, privileges or considerations; or

d) When the sexual advances result in an intimidating, hostile or offensive environment for the student trainee or apprentice.

Section 3 of RA 7877 describes further the elements of the offense as follows:

In a work-related environment, sexual committed when: or employment harassment is

(1) The sexual favor is made as a condition in the hiring or in the employment, re-employment or continued employment of said individual, or in granting said individual favorable compensation, terms, conditions, promotions, or privileges; or the refusal to grant the sexual favor

results is limiting, segregating or classifying the employer which in any way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee; (2) The above acts would impair the employees rights or privileges under existing labor laws; or

(3) The above acts would result in intimidating, hostile, or offensive environment for the employee.

Major Characteristics of SEXUAL HARASSMENT

1) The behavior is unwanted or unwelcome;

2) The behavior is sexual or related to the sex or the gender of the person;
3) The behavior occurs in context of a relationship where one person has more formal power than the other or more informal power.

Forms and Types of Sexual Harassment

I. FORMS
Sexual harassment can be (a) visual; (b) verbal; (c) physical; and (d) gestural.

II. TYPES
Quid pro quo sexual harassment happens when the harasser demands sexual favors as a condition for hiring or promotion, or in the academic environment, as a condition for passing the exam or the subject (kuwarto o kwatro).

It also includes threats of retaliation if the harasser does not get what he wants. Hostile work environment - there is no need for an explicit or implicit promise of benefit or threat of harm if the victim refuses to submit to the harassers demands.
It is sufficient that the unwelcome sexual conduct creates an offensive, hostile, oppressive and intimidating work environment even if there are no economic consequences.

Bystander harassment is also another form. Even if complainant is not directly the victim, fact that SH is pervasive in school, there may still be hostile environment, should the sexually harassing conduct permeate her immediate environment and she witnessed it personally.

Sexual Favoritism it occurs when a student or employee receives benefits as a result of his/her submission to sexual advances or requests for sexual favors. The victims of the harassment may be the other students/employees who are treated unfairly because they are not objects of the romantic interest of a supervisor.

Specific Forms
1) 2) 3) 4) Sexual innuendos, comments, or bantering; Asking or commenting about a persons sexuality; Humor or jokes about sex or females in general; Persistent sexual attention, especially when it continues after a clear indication that it is unwanted; 5) Asking for sexual behavior;

6) Touching a person, including patting, pinching, stroking, squeezing, hugging or brushing against his or her body; 7) Touching or grabbing a persons breasts, crotch, or buttocks; 8) Giving a neck or shoulder massage; 9) Leering or ogling, such as elevator eyes, or staring at a womans breast or body; 10) Spreading rumors about a persons sexual activities;

11) Calling women names such as hot stuff, cutie pie, bitch, whore, or slut; 12) Making obscene or sexually suggestive gestures or sexual sounds such as sucking or kissing noises; 13) Sexual graffiti in general or about a particular person; 14) Using sexual ridicule to denigrate or insult a person;

15) Sending sexual mail, notes, e-mail, or making sexually explicit phone calls; 16) Sending, giving, showing, or displaying sexual materials, including pornography, sexual pictures, cartoons and calendars; 17) Laughing at or not taking seriously someone who experiences sexual harassment; 18) Blaming the victim of sexual harassment for having caused it;

19) Making denigrating, sexist remarks about women in general or about a particular woman; 20) Stalking a person either on or off campus; 21) Direct or indirect threats or bribes for sexual activity; and 22) Attempted or actual sexual assault or abuse.

Other Forms
1) Shouting obscenities at women as they pass a fraternity house or other place where men gather; 2) Loudly discussing a womans sexual attributes and rating her attractiveness, a practice called scoping; 3) Mooning women, whereby men aggressively expose their buttocks; 4) Pulling down womens shorts or pants;

5) Creating a sexually demeaning atmosphere, such as displaying posters and pictures that are sexist or otherwise demeaning to women, or having social events focusing on womens sexuality, such as wet T-shirt contests; 6) Showing petty hostility to women by throwing things, pouring drinks over womens heads or on their breast, heckling women when they enter a room, or making sexual remarks;

7) Body passing at stadiums; 8) Biting a woman (sharking); and 9) Threatening rape or other sexual abuse

THE PROBLEM:

How to distinguish Harmless Fun from Offensive Conduct

SOLUTION: Adopt the reasonable woman standard to determine whether a conduct is unwelcome and sufficiently pervasive to amount to sexual harassment.

Duty of the Head of Office in an Education or Training Environment

Section 4 of RA 7877-SEC. 4. Duty of the Employer or Head of Office in a Work-related, Education or Training Environment x It shall be the duty of the employer or the head of x x x educational or training environment or institution to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment.

Towards this end, the employer or head of office shall:

(a) Promulgate appropriate rules and regulations in consultation with and jointly approved by the employees or students or trainees, through their duly designated representatives, prescribing the procedure for the investigation of sexual harassment cases and the administrative sanctions therefor.

(b) Create a committee on decorum and investigation of cases on sexual harassment. The committee shall conduct meetings, as the case may be, with officers and employees, teachers, instructors, professors, coaches, trainors and students or trainees to increase understanding and prevent incidents of sexual harassment. It shall also conduct the investigation of alleged cases constituting sexual harassment.

In the case of a work-related environment, the committee shall be composed of at least one (1) representative each from the management, the union, if any, the employees from the supervisory rank, and from the rank-and-file employees.

In the case of an educational or training institution, the Committee shall be composed of at least one (1) representative from the administration, the trainors, teachers, instructors, professors or coaches and students or trainees, as the case may be.

It also imposed the duty upon the employer to disseminate or post a copy of RA 7877 for the information of all concerned.

Republic Act No. 7877 states very clearly that the employer or head of office, educational or training institution shall be solidarily liable for damages arising from the acts of sexual harassment if such employer or head of office is informed of such acts by the offended party and no immediate action is taken thereon.

In order to avoid liability, the head of office is tasked to promulgate procedures for the resolution, settlement, or prosecution or sexual harassment cases, and the appropriate administrative sanctions. For this purpose, a committee is created with the corresponding membership from duly designated representatives from the employees. Among the duties of the Committee are:
1) To conduct meetings with the officers, employees, trainees and apprentices to increase understanding and prevent incidents of sexual harassment.

2) To promulgate the appropriate rules and regulations prescribing the procedure for the investigation of sexual harassment cases and the administrative sanctions therefor.

3) To receive complaints, investigate and hear sexual harassment cases, prepare and submit reports with the corresponding recommendations.

When to File Complaint

Within what period should such complaints in the workplace be made? The law is silent on this aspect; it is up for the school policy to determine. Likewise, it is silent as to which government agency is responsible for the implementation of the statute.

SUMMARY
Importance of Developing a Campus Program on Sexual Harassment
The entire school community suffers when sexual harassment is allowed to pervade the academic atmosphere through neglect, the lack of a policy prohibiting it, or the lack of educational programs designed to clarify appropriate behavior on campus and to promote understanding of what constitutes sexual harassment.

Obligation of Institutions
Each institution as the obligation, for educational and moral, as well as legal reasons, to develop policies, procedures and programs that protects students and employees from sexual harassment and to establish an environment in which such an acceptable behavior will not be tolerated.

Key Components of Effective Campus Programs

1) The objective of the policy-a) Discourage acts considered to be sexual harassment; b) Encourage community members to report incidents considered to be sexual harassment at the earliest possible stage; c) Make clear that sanctions will be enforced; and d) Provide protection for the institution against claims of unreported sexual harassment.

The policy should-1) Familiarize all community members with the definition of sexual harassment and the forms it can take; 2) Clearly state prohibition against sexual harassment and that it will be punished if committed. 3) Instruct victims of the course of action they should take to report sexual harassment; and 4) Clarify the rights of those accused of sexual harassment.

Key Elements of Sexual Harassment Policy

1) 2) 3) 4) 5) A basic definition; A strong policy statement; Effective communication; Education; A accessible and effective grievance procedure; and 6) Effective investigation and resolution of sexual harassment complaints

STORY
Sa isang school sa Taft, kamakailan:
Hmmmmmm ang bango ng buhok mo! puri ng isang professor sa isang magandang estudyante na nakasalubong niya sa corridor ng paaralan. Ang estudyante ay nagalit nagsumbong kaagad sa OSA: at

Gusto ko pong kasuhan ng Sexual Harassment iyong manyak na professor, at ikinuwento ng estudyante ang nangyari.

Ang taga-OSA ay nagtatakang nagtanong: Ang ibig mong sabihin gusto mong magsampa ng demanda dahil pinuri ka ng professor na mabango ang buhok mo? Ganon na nga po, sagot ng estuyante.
Eh, wala naman akong nakikitang masama doon ah, at dapat ka pa ngang matuwa.sbi ng OSA

Pero maam, iyong professor po ay

UNANO!
Biktima
OSA Head Manyak na professor

Maraming Salamat Po! For free legal advise/consultation: Telefax 02.4000923 juliusbabista@yahoo.com Office for Student Affairs Adamson University