I.

General Provisions
Sec. 1 Title. This body of rules and regulations shall be known as the Rules and Regulations for
the Implementation of the Anti-Sexual Harassment Act of 1995. Commented [G1]: Deleted:-

It is a state policy that the dignity of every individual should be valued. Hence, its human
resources including the workers, employees, applicants for employment and students shall be
guaranteed with full respect for their human rights. The state does not allow any forms of sexual
harassment committed in the workplace.

It is therefore the duty of the employer or the head of the work-related, educational or training
environment or institution, to prescribe the guidelines on proper decorum in the workplace and
educational or training institutions, prevent or deter the commission of acts of sexual
harassment and provide the procedures for the resolution, settlement or prosecution of said
acts.

II. Coverage
The law shall apply to the following:
Section 1. Officials and Employees and students
● Administrator
● Faculty
● formator,
● Staff
○ including maintenance, security and other outsourced personnel directly
or indirectly hired by the University against whom a complaint about
sexual harassment is filed. Commented [G2]: Inserted: ut
- any student of the University who complains of sexual harassment. Commented [G3]: Inserted: ab
Commented [G4]: Deleted:f
- People hired indirectly by the school who has conducted sexual harassment
Commented [G5]: Deleted:r
against any personnel of the school or university.

IV. Scope of Sexual Harassment Commented [G6]: Deleted:r

Section 1. Work, Education or Training-Related Sexual Harassment Defined.

Work, education or training related sexual harassment is committed by an

● Employer
● employee
● Supervisor
● The agent of the employer Commented [G7]: Inserted: The
● Teacher
● Instructor
● professor,
 ● Coach,
● Trainor,
● students or any other person who, having authority, influence or moral ascendancy over
another in a work or training or education environment, demands, requests or otherwise
requires any sexual favor from the other, implicitly or explicitly, regardless of whether the
demand, request or requirement for submission is accepted by the object of said act.
● It can also be committed by a student against another, by way of actions or comments
laced with sexual innuendoes. These acts may be committed by a person against
another of the same sex or of the opposite sex.
.
2. In an education or training environment, 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 a sexual favor is made as 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 considerations; or
d) When the sexual advances result in an intimidating, hostile or offensive environment
for the student, trainee or apprentice.

Forms of Sexual Harassment

Sexual harassment can be verbal, visual or physical. It can be overt, as in the suggestion that a
person could get a higher grade or a raise by submission to the sexual advances.

● The suggestion or advance need not be direct or explicit. It can be implied from the
conduct, circumstances, and relationship of the individuals involved. Commented [G8]: Inserted: ,
● Sexual harassment may consist and may be classified according to physical, visual,
verbal and other forms. These acts may be committed by a male to another male or a
female to another female.

Basic Types of Sexual Harassment. The following are considered basic types of sexual
harassment:

1. Quid pro quo sexual harassment occurs when submission to or rejection of

unwelcome sexual advances, requests to engage in sexual conduct and other physical and
expressive behavior of a sexual nature is used as the basis for employment decisions, giving of
passing grades, granting of honors and scholarships or the payment of a stipend, allowance or
other benefits, privileges or considerations.

2. “Hostile or offensive” sexual harassment occurs when unwelcome sexual conduct

unreasonably interferes with an individual’s job performance or creates an intimidating hostile or
offensive working or educational environment. Hostile or offensive sexual harassment cases are
hereby classified as grave or less grave depending on the reasonable man/woman standards
adopted by the Committee.
Who is liable?
Any person who directs or induces another to commit any act of sexual harassment as herein
defined or who cooperates in the commission thereof by another without which it would not have
been committed shall also be held liable under these Rules Commented [G9]: Deleted:,

V. Duty of the Employer

The duty of the Employer or Head of Office in a Work-related, Education or Training

Environment. - It shall be the duty of the employer or the head of the work-related, educational Commented [G10]: Inserted: The d
or training environment or institution, to prevent or deter the commission of acts of sexual Commented [G11]: Deleted:D
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. Administrative sanctions shall not be a bar to prosecution in
the proper courts for unlawful acts of sexual harassment.

The school can make guidelines on proper decorum in handling matters on sexual harassment
as well as create a committee who can conduct decorum and investigations on cases of sexual
harassment. Commented [G12]: Deleted:r
Commented [G13]: Deleted:r
The committee will also conduct meetings to increase the understanding and preventing
incidents of sexual harassment. Commented [G14]: Deleted:r
Commented [G15]: Deleted:s
Liability of the Employer, Head of Office, Educational or Training Institution.

The employer or head of an office, educational or training institution shall be solidarily liable for
damages arising from the acts of sexual harassment committed in the employment, education
or training environment if the employer or head of an office, educational or training institution is
informed of such acts by the offended party and no immediate action is taken. Commented [G16]: Inserted: an
Commented [G17]: Inserted: an
Moreover, the victim of work, education or training-related sexual harassment is not refrained
from instituting a separate and independent action for damages and other affirmative relief.