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Republic Act No. 7877 (Anti-Sexual Harassment Act) of 1995) and

Republic Act No. 11313 (Safe Spaces Act of 2019)

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WHO MAY BE HELD LIABLE.

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Instructor/non-teching may commit it against their student

Instructor /non-teching may commit it against their co- employee

Instructor /non-teching may commit it against strangers

Student /non-teching may commit it against instructor or other personnel

Student /non-teching may commit it against their co-student.

Student /non-teching may commit it against strangers.

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What is the liability of the offender

Instructor-

1. Civil damages (exemplary, moral, etc.)

2. Administrative liability (suspension/ dismissal from service)

3. Criminal (imprisonment the range of which is dependent on severity of offense)

Student-

1. Civil damages (exemplary, moral, etc.)

2. Administrative liability (suspension, expulsion )

3. Criminal (imprisonment the range of which is dependent on severity of offense)

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WHERE MAY THE OFFENSE TAKE PLACE

The offense may also take place in the following instances:

i. in the premises of the workplace or office or of the school or training institution;

ii. in any place where the parties were found as a result of work or education or training responsibilities or relations;

iii. at work or education or training-related social functions;

iv. while on official business outside the office or school or training institution or during work or school or training- related travel;

v. at official conferences, fora, symposia, training sessions; or

vi. by telephone, cellular phone, fax machine, electronic mail, or any online platforms.

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PROHIBITED ACTS

GRAVE ACTS

I. Unwanted touching of private parts of the body (inner thighs, genitalia, buttocks, and breast);

II. Unwanted touching of private parts of the body (inner thighs, genitalia, buttocks, and breast)

III. Sexual assault;

iii. Malicious touching such as groping;

iv. Requesting for sexual favor in exchange for a passing grade, the granting of honors or scholarship, or the grant of benefits or payment of a stipend or allowance; and

v. Other analogous cases.

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LES GRAVE ACTS

I. Unwanted touching or brushing against a victim’s body other than the private parts mentioned above;

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II. Unwanted pinching not falling under grave offenses;

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

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IV. Verbal abuse with sexual overtones; and v. other analogous cases.

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LIGHT

1. Surreptitiously looking at a person’s private part or worn undergarments; (nanilip)

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• Making sexist statements and uttering smutty jokes or sending these through text, electronic mail including but not limited to social media platform, causing embarrassment or offense and carried out after the offender has been advised that they are offensive or embarrassing or, even without such advice, when they are by their nature clearly embarrassing, offensive, or vulgar; (jokes sample: lamion, juicy, sexy

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• Malicious leering or ogling; (murag maka hilis nga tinanawan)

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• Display of sexually offensive pictures, materials, or graffiti;

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• Unwelcome inquiries or comments about a person’s sex life;

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6. Unwelcome sexual flirtation, advances, or propositions;

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• Making offensive hand or body gestures at an employee;

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• Persistent unwanted attention with sexual overtones;

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

6. Catcalling and unwanted invitations; and

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• Other analogous case

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.Gender-Based Online Sexual Harassment

Section 12 covers online conduct, including:

• Unwanted sexual messages or comments;
• Threats of sexual content;
• Cyberstalking;
• Unwanted sexual advances;
• Sharing another person's sexual photographs, videos, or other information without consent;
• Unauthorized recording and sharing of sexual content;
• Impersonating another person online for the purpose of sexual harassment; and
• Other online conduct that causes mental, emotional, or psychological distress or fear for personal safety.

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ACTUAL CASES

• Male student intentionally mi sulod sa kwarto sa girl during psychiatric nursing.

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• Male driver nang gunit sa legs sa iya pasayro.

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• Male teacher nangoot of itlog elementary – removed from service.

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• Bayot nga student nangoot totoy sa iya co student - suspended

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• Rape, student to student, teacher to student, student to teacher. removed from service, expelled.
• Supervisor to teacher, unwanted touching- removed from service.
• Recent karon se news police trainiee sa region X

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WHAT TO DO INCASE OF INCIDENT OF SEXUAL HARASSMENT,

1. Tell your guidance counselor
2. Student welfare unit
3. CCC – BOSES
4. SLEDEVOU

5. CODI

6. LEGAL UNIT.

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WHAT CAN WE DO TO PREVENT THIS

1. Continues/regular campaign drive against sexual harassment. Not only this, but also anti- bullying, and anti- hazing.

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• Gender equal groupings.

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3. Reporting of sexual harassment, bullying, hazing. Zero tolerance.

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Thank you!