anti sexual harassment act of 1995 essay

Sexual Harassment in the Philippines’ Workplace

Sexual harassment in the workplace, which ranges from unwelcome comments about sex, gender, or sexual orientation to sexual violence, is a pressing global issue. Although the severity of this problem varies depending on the cultural heritage, gender relations, the level of female emancipation, attitudes towards women in society, and the state of their legal protection, there is no state where it does not exist. As per Republic Act No. 7877: Anti-Sexual Harassment Act of 1995 (1995), “work, education or training-related sexual harassment is committed by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainer, 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. ” Thus, sexual harassment in the workplace is one of the most severe occupational hazards today, which can directly affect the success of the production and the physical and psychological well-being of workers.

Sexual harassment in the workplace has different manifestations and is perpetrated in different ways. According to Republic Act No. 7877 (1995), sexual harassment is committed when sexual favors are a condition of being recruited, continuing a job, receiving any privilege, or promoting a job. Moreover, the refusal to provide sexual services leads to the restriction of the employee, which in any way discriminates against, deprives, or limits employment opportunities and is also referred to as sexual harassment. Examples of sexual harassment in the workplace contain such situations as a boss, threatening to fire, ask to have sexual intercourse, forcing a woman or a man to have sexual intercourse due to debt, or conversations and hints of sexual intercourse, tactile touch from the employer or teacher. Thus, unpleasant physical contact, requests of a sexual nature, and verbal abuse with a sexual connotation are manifestations of sexual harassment.

Republic Act No. 7877 (1995) defines the responsibilities of employers and heads of office or educational institutions to combat sexual harassment. It requires every employer or office manager to take steps to prevent sexual harassment and promulgate rules and regulations governing the investigation, prosecution, resolution, and administrative sanctions of sexual harassment cases. Moreover, Ursua (2001) claims that each employer or office manager should establish a committee on decorum and investigation (“CDI”) that investigates and resolves cases of sexual harassment and takes initiatives to improve understanding and prevent such incidents. According to Ursua (2001), an excellent example of how to combat sexual harassment in the workplace is the policy of the privately held Friendly Sage Foundation, Inc. The company runs a 30-day training program for its potential employees, during which topics such as rules and regulations on sexual harassment, gender issues, violence against women, reproductive health, and sexuality are discussed. In return, the employee must also take measures to prevent sexual harassment. Conte (2019) asserts that such measures include adherence to the corporate dress code, communication by the norms and rules of business ethics, the maintenance of attentiveness and vigilance, and clarity and specific behavior.

Thus, sexual harassment in the workplace is common in modern society. It manifests itself both in the form of physical influence, which is expressed in touching and attempts to influence employees or students forcefully, and psychological influence on the victim, which is described in sexual innuendo, blackmail, and coercion. A vital aspect of this problem is the application of measures to prevent sexual harassment in the workplace, which consists of the development and implementation of policy provisions on sexual harassment in the corporate culture, as well as employee behavior that is consistent with business norms.

Conte, A. (2019). Sexual harassment in the workplace: Law and practice. Wolters Kluwer Law & Business.

Republic Act 7877: Anti-Sexual Harassment Act of 1995 (1995). Official Gazette, 91 (15), 2144-2146. Web.

Ursua, E. G. (2001). Addressing sexual harassment in the workplace: The Philippine experience . International Labour Organization.

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Re-conceptualizing the Philippine Anti-Sexual Harassment Act of 1995 in Light of the Natural/Biological, Sociocultural, and Liberal Views on Sexual Harassment (Preface)

The ratification of the Philippine Anti-Sexual Harassment Act of 1995 (RA 7877) heralded the full recognition and protection of gender equality in our country’s workplaces and academic institutions. However, there had been new challenges and an onslaught of critiques against the law in the past twenty-two years since its inception. This research probes the underlying assumptions, critiques the limitations, and evaluates the proposed amendments of the Anti-Sexual Harassment Act of 1995 in light of the three theories on sexual harassment, namely, the natural/biological view, the sociocultural view, and liberal view. This research argues, first, that the law’s provisions and underlying assumptions conform to the premises held by the liberal view the most, followed by by the sociocultural view, and none for the natural/biological view. Second, its limitations conform most to the beliefs and stereotypes associated with the natural/biological model, particularly sexist norms in the Philippine culture and gender stereotypes in law. Lastly, this research argues that the amendments proposed to redress the law’s limitations conform most to the feminist sociocultural view of sexual harassment. Keywords: sexual harassment, Anti-Sexual Harassment Act of 1995, law, natural/biological view, sociocultural view, liberal view, street/stranger harassment, gender stereotypes

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In recent years, the issue of sexual harassment'has been a lightning rod for sharply divergent views about the place of women and sex in the workplace. In what at times appears to be a tug-of-war over sexual mores, sexual harassment has sparked an unusually fervent public debate about what is and is not acceptable behavior on the job.

Asia Pacific Journal of Human Resources

This study explored whether tolerance of sexual harassment of men (TSHM) is driven by a common set of sexist ideologies typically found to be related to tolerance of sexual harassment of women. University students (N ¼ 433) completed a modified version of the Sexual Harassment Attitude Scale (SHAS) designed to measure TSHM. Predictor variables included sexual harassment myths about women, modern sexism, hostile, and benevolent sexism toward men and women and participant gender. A factor analysis of the measure revealed two reliable factors (sexual harassment as flirtation and minimization of victimization). With the exception of benevolence toward women, men scored higher on all measures of sexism and TSHM, yet correlational patterns showed a similar trend among men and women, suggesting a shared ideological belief that justifies TSHM. Despite differences in participant sex on most measures, participant sex was not a significant moderating variable in regression analyses when examining factors relating to TSHM. These results provide support that tolerance of sexual harassment is driven by a common set of sexist attitudes.

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‘Safe Spaces Act’ Increases Protections Against Sexual Harassment Online and in Workplaces in Philippines

In April 2019, President Rodrigo Duterte signed into law Republic Act No. 11313 (known as the “Safe Spaces Act”) with the aim of ensuring the equality, security, and safety of every individual, in both private and public spaces, including online and in workplaces.

The law supplements the existing Anti-Sexual Harassment Act of 1995 by broadening the crime of sexual harassment in the workplace to include the following:

• Any act involving any unwelcome sexual advances, requests, or demands for sexual favors or any act of a sexual nature, whether done verbally, physically, or through the use of technology, that has or could have a detrimental effect on the conditions of an individual’s employment, job performance, or opportunities
• Any conduct of a sexual nature or other conduct based on sex affecting the dignity of a person, which is unwelcome, unreasonable, and offensive to the recipient
• Any conduct that is unwelcome and pervasive and creates an intimidating, hostile, or humiliating environment for the recipient

In addition, the law explicitly provides that the crime of gender-based sexual harassment may also be committed between peers, by a subordinate to a superior officer, or by a trainee to a trainer. This widens the scope from that set out in the Anti-Sexual Harassment Act of 1995, which required that for any act to be considered harassment, the offender had to be more senior than the person who was harassed.

Duties of Employers

The law imposes a duty on employers and any other person of authority, influence, or moral ascendancy in the workplace to prevent, deter, or punish acts of gender-based sexual harassment in the workplace. This duty entails disseminating to all persons or posting in a conspicuous place a copy of the applicable law in the workplace, providing measures to prevent gender-based sexual harassment in the workplace, creating an independent internal mechanism or a committee on decorum and investigation to investigate and address complaints, and providing and disseminating a code of conduct or workplace policy. To ensure compliance, the Department of Labor and Employment shall conduct random inspections every year.

Acts of gender-based sexual harassment are punishable by administrative sanctions, without prejudice to other applicable laws. Employers that fail to comply with their duties, including taking action on reported acts of gender-based sexual harassment committed in the workplace, are subject to fines.

Written by Roy Enrico C. Santos and Raya Grace T. Tan of Puyat Jacinto & Santos Law Offices and Roger James of Ogletree Deakins

© 2020 Puyat Jacinto & Santos Law Offices and Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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Anti-Sexual Harassment

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Implementing Guidelines of the Anti-Sexual Harassment Act of 1995 (RA 7877) 2017 Revised Edition

Pursuant to the provision of Section 4, of Republic Act No. 7877 entitled “Anti-Sexual Harassment Act of 1995,” the following rules and regulations are hereby promulgated for the purpose of prescribing the proper decorum for administrators, faculty, staff, formators and students of Xavier University (XU) and for the resolution, settlement and disposition of cases of sexual harassment.

Part I General Provisions

Rule I Preliminary Matters

Section 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 in XU or “Rules” for short.

Section 2. Definition of Terms. As used in the Rules and Regulations, the following terms shall mean and be understood as indicated below: 1. Administrator - refers to the Vice Presidents, Deans, Assistant/Associate Deans, Directors of Administrative Services/Offices, Department Chairs and Program Directors. 2. Faculty - refers to the teaching personnel of XU, whether on full-time or part-time basis, entrusted with the supervision or training of students. 3. Formators - refer to non-teaching personnel who are responsible for the formation of students. 4. Staff - refers to non-teaching personnel belonging to the administrative staff of the University. 5. Student - refers to any person officially enrolled in the University either as a student in the regular/special course, whether on a credit or audit basis, part-time or full-time or thesis writer. 6. Others - refer to those who are indirectly hired by the University (e.g. maintenance, security and other outsourced personnel). 7. Victim - refers to any University personnel or student against whom an act of sexual harassment has been committed. 8. Committee - refers to the Committee on Decorum and Investigation for cases of Sexual Harassment.

Rule II Coverage

Section 1. Officials and Employees. These Rules and Regulations shall apply to any administrator, faculty, formator, staff, including maintenance, security and other outsourced personnel directly or indirectly hired by the University against whom a complaint for sexual harassment is filed.

Section 2. Students. These Rules and Regulations shall also apply to any student of the University who complains of sexual harassment.

Section 3. Others. These Rules and Regulations shall also apply to those who are indirectly hired by the University and have complaints for sexual harassment against any University personnel.

Rule III Policies

Section 1. State Policy. The State shall value the dignity of every individual; enhance the development of its human resources, guarantee full respect for human rights and uphold 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.

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.

Section 2. School Policy and Objectives. The mission of Xavier University is to engage in the authentic search for the truth through teaching, formation, research and social outreach; it is dedicated to the renewal, discovery, safeguarding and communication of knowledge and human values; and it trains men and women to think rigorously, so as to act rightly and serve humanity justly. The ethical obligation of the school is to provide an environment that is free from sexual harassment and from fear of its occurrence. The entire educational community suffers when sexual harassment occurs in the academic and work atmosphere. It is therefore, the declared policy of the University that sexual harassment is unacceptable behavior and a violation of the laws of the Philippines and the Rules and Regulations of the University and shall not be tolerated and condoned.

Violations of this policy shall result to disciplinary action up to and including expulsion or termination as the case may be.

All members of the educational community affected by a sexual harassment incident shall be treated with respect and given full opportunity to present their side of the incident.

Rule IV Sexual Harassment

Section 1. Work, Education or Training-Related Sexual Harassment Defined. Work, education or training-related sexual harassment is committed by an employer, employee, manager, supervisor, agent of the employer, 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. 1. In a work – related or employment environment, sexual harassment is committed when: a) 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 in limiting, segregating or classifying the employee which in any way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee; b) The above acts would impair the employee’s rights or privileges under existing labor laws; or c) The above acts would result in an intimidating, hostile or offensive environment for the employee. 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. 3. 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. 4. The suggestion or advance need not be direct or explicit. It can be implied from the conduct, circumstances and relationship of the individuals involved.

Section 2. The Educational or Training Institution’s Dual Role. The educational or training institution shall, under these Rules, be considered as both a place of study and a place of work.

Section 3. Forms of Sexual Harassment. 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.

Section 4. 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.

Quid pro quo sexual harassment cases are hereby classified as grave.

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. Section 5. Reasonable Man/Woman Standard. In view of the fact that the perceptions of men and women may differ as to what constitutes harmless fun and what constitutes offensive conduct, the Committee shall adopt a “reasonable man/woman” rather than a “reasonable person” standard to determine whether or not conduct is unwelcome and sufficiently pervasive to amount to sexual harassment. Under this standard, the proper focus is on the victim’s perspective of the given conduct and thus, in the typical case, a sexual harassment claim is proven if a reasonable man or woman would consider the harassment hostile or offensive.

Section 6. Other Persons 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.

Section 7. Commission of Sexual Harassment outside the Campus. The University and the Committee shall take cognizance of sexual harassment cases committed by the members of its community outside the school campus and beyond classroom hours in any of the following cases: 1. The violation of the act or these rules occurred in connection with an activity sponsored by the institution outside the campus. 2. The violation involves the status of the erring member of the educational community or affects the good name or reputation of the institution.

Rule V Offenses and Corresponding Administrative Sanctions

Section 1. Sexual harassment offenses shall be classified as grave or less grave.

1. Less Grave Offenses. Less grave sexual harassment cases are those to which these Rules attach the penalty of suspension. Less Grave Offenses shall include, but are not limited to:

a) Visual 1) Malicious leering or ogling; Maliciously looking or staring at a person’s private part or worn undergarments 2) Making offensive hand or body gestures 3) Persistent display of objects, picture, publications or graffiti which are lewd in nature in the workplace or classroom 4) Sending sexist/smutty jokes through text, electronic mail or other similar means causing embarrassment or offense and carried after the offender has been advised that they are offensive or embarrassing or, even without such advice, when they are by nature clearly embarrassing, offensive or vulgar 5) Sending pornographic materials

b) Verbal 1) Telling sexist/smutty jokes causing discomfort, embarrassment, offense or insult to the receiver 2) Offensive comments about an individual’s body or intimate questions on his/her sexual activities

c) Other analogous cases

2. Grave Offenses. Grave sexual harassment cases are those to which these rules attach the penalty of either suspension or dismissal. Grave Offenses shall include, but are not limited to:

a) Physical 1) Unwanted touching of private parts of the body (genitalia, buttocks and breast) 2) Malicious touching; Unnecessarily touching or brushing up against a person’s body

b) Visual Intentional exposure of one’s private part

c) Verbal Unwelcome sexual flirtation, advances, propositions

d) Other Forms 1) Requesting for sexual favor in exchange for employment, promotion, local or foreign travels, favourable working conditions or assignments, a passing grade, the granting of honors or scholarship or the granting of benefits or payment of a stipend or allowance 2) Directing or inducing 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

e) Other analogous cases

Section 2. The following administrative sanctions shall be imposed on sexual harassment cases:

1. For Less Grave Offenses

a) First Offense – 15 days suspension without pay; warning for dismissal b) Second Offense – Dismissal

2. For Grave Offenses – Dismissal

The counting of offenses shall not reset regardless of time and offended person excluding those which have been dismissed.

Section 3. Sanctions Not a Bar to Court Action. Administrative sanctions shall not be a bar to prosecution in proper courts of unlawful acts of sexual harassment.

Rule VI. Administrative Liabilities

Section 1. 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 2. If the respondent is found guilty of two or more charges or counts, the penalty to be imposed should be that corresponding to the higher penalty or count and the rest shall be considered as aggravating circumstances.

Part II Grievance Procedures

Rule I Committee on Decorum and Investigation

Section 1. Committee on Decorum and Investigation. A Committee on Decorum and Investigation is hereby created.

The Committee shall be the sole authorized body who will conduct the investigation of alleged cases constituting sexual harassment.

The Committee shall conduct meetings, as the case may be, with faculty, staff, formators, coaches, trainers, outsourced personnel (e.g. maintenance, security, contractuals) and students to increase understanding and prevent incidents of sexual harassment.

Section 2. Composition. The Committee shall be composed of the following: 1. The Director of Student Affairs (Chairman) 2. One representative from the Administration 3. One representative from the Faculty 4. One representative from the Formators 5. One representative from the Non-Teaching Staff 6. One representative from XUNTELU 7. One representative from XUTELFA 8. One representative from High School 9. One representative from Grade School 10. Two representatives from the students

Section 3. Functions. The Chair shall receive any complaint of sexual harassment. The Committee shall investigate and hear sexual harassment cases, prepare and submit reports with corresponding recommendations for the decision of the University President.

Section 4. Other Functions. The Committee shall develop and implement programs to increase understanding and awareness about sexual harassment. In addition, the Committee shall develop rules in the settlement and disposition of sexual harassment complaints, taking into consideration confidentiality and respect for privacy. The Committee shall also ensure that no complainant shall be subjected to further harassment or retaliation by the respondent.

Rule II Mediation and Resolution Process

It is often the case that a student or any University personnel, believing that he or she may be experiencing a form of sexual harassment will attempt to resolve the situation on one’s own or consult with another individual within the University community such as a colleague, supervisor, department or Unit Head, faculty or student advisor, counsellor or a member of the Office of Student Affairs. With the requested aid of an advisor, the individual may attempt to resolve the situation in an informal and unofficial manner. The advisor, acting with discretion and in confidence may assist the individual in reviewing the situation in the context in which it occurred, aid the individual in identifying the problem and review the options for resolution that are available. Such cases may at times be resolved without recourse to the official/formal process.

Rule III Due Process

The University has established mediation and resolution procedures in order to respond immediately to a sexual harassment complaint and to investigate it fully. The procedure is designed to mediate and resolve such complaints promptly and fairly.

Similarly, a formal grievance structure for handling complaints that cannot be resolved through mediation is also available. In general, any individual with supervisory authority who obtains knowledge of an incident of sexual harassment occurring within his or her area is expected to take proper steps immediately to address the situation.

Section 1. Right to Due Process. No disciplinary sanction shall be applied upon any erring member of the educational community except for cause and after due process have been observed. In sexual harassment cases, the alleged offender must be afforded due process and as much confidentiality during the process.

Section 2. Procedural Due Process Standards. The following procedure must be followed in sexual harassment cases: 1. The alleged offender must be informed in writing of the cause of accusation against him/her. A copy of the complaint is attached to the notice. 2. S/he shall have the right to answer the charges against him/her. 3. S/he shall be informed of the evidence against him/her. 4. S/he shall have right to present evidence in his/her own behalf. 5. The evidence must be considered by the investigating committee in hearing the case.

Rule IV Complaint and Reporting System

Section 1. Who May File. Victim (student, administrator, faculty, staff, formator or others who are directly or indirectly hired by the University) may report or file complaint of sexual harassment. In the case where the victim is a minor, the parent, older siblings or legal guardian may file in his/her stead.

Section 2. Complaint. The complaint must be in writing. It must contain the following: 1. The full name of the complainant 2. The full name of the respondent 3. A specification of the charge or charges 4. A brief statement of the relevant and material facts

If the complaint does not comply with the foregoing, the Chair shall require the complainant to comply in writing within five days from the receipt of notice; otherwise, the complaint shall not be acted upon.

The complainant may submit any evidence s/he possesses, including affidavits of witnesses and pertinent documents. A withdrawal of the complaint made or filed at any stage of the proceedings shall not preclude the Committee from proceeding with the investigation of the case.

Section 3. Respondent’s Answer 1. The respondent shall submit his/her reply personally within ten days from the receipt of the complaint. 2. The answer shall be in writing, a copy of which shall be furnished to the complainant. No particular form is required but it is sufficient that the answer contains a specific admission or denial of the charge or charges and a statement of the relevant facts constituting the defense of the respondent. 3. The respondent may submit any evidence s/he possesses, including statements of witnesses and pertinent documents.

Section 4. Complainant’s Reply. The complainant may file a reply within five days from the receipt of the respondent’s answer.

Section 5. Notification 1. Of Parents. The parents and/or guardians of a student filing a complaint for sexual harassment are to be immediately notified. Such parents or guardians may attend the hearings. 2. Of Parties Concerned. The Committee Chair is responsible for giving due notice and pertinent materials to the respondent/complainant and parents, as may be required.

Section 6. Initial Investigation and Preventive Suspension 1. During the initial investigation, when the written statements are supported by strong evidence and the DSA and HRD are morally convinced that the continued stay of the accused during the period of investigation constitutes a distraction to the normal operations of the University or poses a risk or danger to the life or property of other members of the community, the DSA and HRD shall recommend the preventive suspension to the President. 2. The respondent may be placed under preventive suspension for a maximum of 30 days (without pay) during investigation of the charge of grave sexual harassment against him/her. 3. When the case against the respondent who is under preventive suspension has not been decided within 30 days after the date of suspension, s/he may be reinstated or the preventive suspension may be extended subject to the payment of salaries during such extension. If the delay in the disposition of the case is due to the fault, negligence or petition of the respondent, the period of the delay shall not be counted in computing the period of suspension. 4. If the respondent is a Union member, the union shall be informed of the complaint.

Section 7. Hearing 1. After all the pleas have been submitted, the DSA shall forward the case to the President who shall convene the Committee on Decorum and Investigation (CDI) to conduct further inquiry. 2. The Committee shall conduct a hearing not earlier than five days or later than ten days from the date of receipt of the answer or reply, if any and shall have a 30-day timeline from the filing of the complaint to complete the inquiry. However, the Committee may extend the period of hearing if it deems necessary. Any member of the Committee may propound questions to the parties and their witnesses for clarification. 3. Any party may avail himself/herself of assistance in drafting his/her complaint/response if s/he so desires. 4. A lawyer cannot take part in the proceedings nor represent his/her client during the hearing. 5. No postponement shall be granted except in meritorious cases.

Section 8. Waiver 1. If the respondent fails to file his/her answer and pertinent documents within the period specified or fails to appear during the hearing, the committee shall deem the respondent to have waived his/her right to be heard and present his/her evidence and the case shall be heard ex parte. 2. If the respondent fails to attend the hearing the first time, s/he shall be given a second chance only. If s/he still fails to attend the second time, the committee shall proceed with the investigation and ascertain the liability or innocence of the respondent. 3. Similarly, if the complainant fails to attend the hearing, s/he shall be given a second chance only. Failure to appear the second time shall mean automatic dismissal of the case.

Section 9. Report and Recommendations. The Committee shall submit its report and recommendation to the President through the Human Resource Office. The President’s decision shall be executory if no motion for reconsideration is filed within ten days.

Section 10. Motion for Reconsideration. Either party may file a motion for reconsideration to the President within ten days from receipt of the copy of the decision on the basis that new evidence has been discovered which materially affects the decision.

Should any party appeal the decision, the President shall forward the case back to the Committee for reassessment within 30 calendar days. After which, the President’s decision shall be final and executory.

Section 11. Confidentiality of Proceedings. The proceedings of all sexual harassment cases shall be private and confidential.

Section 12. Prescriptive Period. Any action on any sexual harassment shall prescribe in three years.

Rule V Final Provisions

Section 1. The Policy. All students and University personnel are held responsible for knowing the policies and regulations contained herein.

Section 2. Separability Clause. If any provision herein is declared invalid, the remainder thereof shall be in full force or effect.

Section 3. Effectivity. These rules and regulations implementing the Anti-Sexual Harassment Act of 1995 in Xavier University shall take effect only after this document is duly approved by the University President.

Section 4. Repealing Clause. The previously promulgated Implementing Guidelines of the Anti-Sexual Harassment Act is hereby repealed and revised accordingly. Section 5. Amendments. This act may be amended every two years after its effectivity.

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Anti-Sexual Harassment Act of 1995

Essay on Sexual Harassment

500 words essay on sexual harassment.

Sexual harassment refers to any form of unwelcome sexual behaviour which is offensive, humiliating and intimidating. Further, it is against the law to sexually harass anyone. Over the years, sexual harassment has taken a lot of time to be recognized as a real issue. Nonetheless, it is a start that can protect people from this harassment. The essay on sexual harassment will take you through the details.

Sexual Harassment and Its Impacts

Sexual harassment comes in many forms and not just a single one. It includes when someone tries to touch, grab or make other physical contacts with you without your consent. Further, it also includes passing comments which have a sexual meaning.

After that, it is also when someone asks you for sexual favours. Leering and staring continuously also counts as one. You are being sexually harassed when the perpetrator displays rude and offensive material so that others can see it.

Another form is making sexual gestures towards you and cracking sexual jokes or comments towards you. It is also not acceptable for someone to question you about your sexual life or insult you with sexual comments.

Further, making an obscene phone call or indecently exposing oneself also counts as sexual harassment. Sexual harassment can impact a person severely. It may stress out the victim and they may suffer from anxiety or depression.

Moreover, it can also cause them to withdraw from social situations. After that, the victim also starts to lose confidence and self-esteem. There may also be physical symptoms like headaches, sleep problems and being not able to concentrate or be productive.

What Can We Do

No one in this world deserves to go through sexual harassment, whether man or woman. We all have the right to live freely without being harassed, bullied or discriminated against. It is the reason why sexual harassment is illegal.

To begin with, the person may try talking to the offender and convey their message regarding their unwanted behaviour. Further, it is also essential to stay informed about this issue. Make sure to learn about the policies and procedures regarding sexual harassment in your workplace, school or university.

Further, try to document everything to help you remember the name of the offenders and the incidents. Similarly, make sure to save any evidence you get which will help with your complaint. For instance, keeping the text messages, emails, photos or more.

Most importantly, always try to get external information and advice from people who will help you if you decide to file a lawsuit. Likewise, never deal with it on your own and share it with someone you trust to lighten your load.

Get the huge list of more than 500 Essay Topics and Ideas

Conclusion of the Essay on Sexual Harassment

To conclude, sexual harassment is a very real issue that went unnoticed for a long period of time, but not anymore. It is essential for all of us to take measures to prevent it from happening as it damages the life of the victim severely. Thus, make sure you help out those who are suffering from sexual harassment and make the perpetrator accountable.

FAQ of Essay on Sexual Harassment

Question 1: What are the effects of sexual harassment?

Answer 1: Sexual harassment has major effects on the victim like suffering from significant psychological effects which include anxiety, depression , headaches, sleep disorders, lowered self-esteem, sexual dysfunction and more.

Question 2: How do you tell if someone is sexually harassing you?

Answer 2: It is essential to notice the signs if you feel someone is sexually harassing you. The most important sign is if you feel uncomfortable and experience any unwanted physical contact. If your ‘no’ does not have an impact and you’re being subjected to sexual jokes, you are being sexually harassed.

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Sexual Harassment

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A Reflection of Anti-Sexual Harassment

The author discusses the issue of sexual harassment in the workplace and how it is often neglected. They note that not all men engage in harassment, but those who do often seek powerful positions in society. The author also discusses how women who earn less and have no career are more likely to report harassment, as they have less to lose, while women with successful careers may put up with it to avoid jeopardizing their position. The author argues that sexual harassment is becoming less important as a crime, and offenders often receive little punishment, which can lead to even worse crimes such as rape. They stress the importance of taking harassment and rape seriously and treating them as serious crimes.

Going into the workplace and school everyday, I knew that sexual harassment was a problem in the everyday world but I didn’t realize how neglected the problem is. For sure, not all men engage in harassment. But the men who do self-select by seeking powerful positions in society. The same trait that makes men want power is the trait that makes men think its okay to use that power in a male/female dynamic. But here’s something that happens today, women who earn little money and have no career are more likely to feel they have nothing to lose if they report harassment.

Yes, they may not be able to afford to lose their paycheck, but it’s easier for them to replace the job they have with another job that pays the same amount. So they are dangerous to harass. Whereas women who have a big career have a lot to lose by reporting harassment, so they put up with it. In the time-period we live in now, many previously serious crimes are becoming and less and less important. Sexual harassment especially is becoming less important.

A sexual harassment offender hardly gets any penalty anymore. While to some, this scenario might just seem like a display of immaturity and maybe even sort of funny, it most certainly is not. The lack of punishment here gives the impression that this sexual harassment is okay. What some might not realize is that the belief that this is okay can lead to much worse things such as rape. Harassment and rape cannot be taken lightly, they are serious crimes and need to be treated as such.

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• Jurisprudence

This Act shall be known as the "Anti-Sexual Harassment Act of 1995."

Declaration of Policy. —

The State shall value the dignity of every individual, enhance the development of its human resources, guarantee full respect for human rights, and uphold 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.

Work, Education or Training-related Sexual Harassment Defined. —

Work, education or training-related sexual harassment is committed by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, 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, regardless of whether the demand, request or requirement for submission is accepted by the object of said act.

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

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 in limiting, segregating or classifying the employee which in any way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee;

The above acts would impair the employee's rights or privileges under existing labor laws; or

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

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

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

Against one whose education, training, apprenticeship or tutorship is entrusted to the offender;

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 considerations; or

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

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 this Act.

Duty of the Employer or Head of Office in a Work-related, Education or Trainings Environment. —

It shall be the duty of the employer or the head of the work-related, 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:

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 said rules and regulations issued pursuant to this subsection (a) shall include, among others, guidelines on proper decorum in the workplace and educational or training institutions.

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 the 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.

The employer or head of office, educational or training institution shall disseminate or post a copy of this Act for the information of all concerned.

Liability of the Employer, Head of Office, Educational or Training Institution. —

The employer or head of 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 office, educational or training institution is informed of such acts by the offended party and no immediate action is taken thereon.

Independent Action for Damages. —

Nothing in this Act shall preclude the victim of work, education or training-related sexual harassment from instituting a separate and independent action for damages and other affirmative relief.

Penalties. —

Any person who violates the provisions of this Act shall, upon conviction, be penalized by imprisonment of not less than one (1) month nor more than six (6) months, or a fine of not less than Ten thousand pesos (P10,000) nor more than Twenty thousand pesos (P20,000), or both such fine and imprisonment at the discretion of the court.

Any action arising from the violation of the provisions of this Act shall prescribe in three (3) years.

Separability Clause. —

If any portion or provision of this Act is declared void or unconstitutional, the remaining portions or provisions hereof shall not be affected by such declaration.

Repealing Clause. —

All laws, decrees, orders, rules and regulations, other issuances, or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Effectivity Clause. —

This Act shall take effect fifteen (15) days after its complete publication in at least two (2) national newspapers of general circulation.

Anti-Sexual Harassment Act of 1995 (R.A. No. 7877)

An act declaring sexual harassment unlawful in the employment, education or training environment, and for other purposes., republic act no. 7877 | 1995-02-14.

• Sexual Harassment (Private and Public sector)
• Labor Law; Labor Standards; Women workers; Anti-sexual harassment act
• R.A. No. 7877, Anti-sexual harassment law, sexual harassment in an education or training environment
• Sexual harassment

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Guest Essay

The Troubling Trend in Teenage Sex

By Peggy Orenstein

Ms. Orenstein is the author of “Boys & Sex: Young Men on Hookups, Love, Porn, Consent and Navigating the New Masculinity” and “Girls & Sex: Navigating the Complicated New Landscape.”

Debby Herbenick is one of the foremost researchers on American sexual behavior. The director of the Center for Sexual Health Promotion at Indiana University and the author of the pointedly titled book “Yes, Your Kid,” she usually shares her data, no matter how explicit, without judgment. So I was surprised by how concerned she seemed when we checked in on Zoom recently: “I haven’t often felt so strongly about getting research out there,” she told me. “But this is lifesaving.”

For the past four years, Dr. Herbenick has been tracking the rapid rise of “rough sex” among college students, particularly sexual strangulation, or what is colloquially referred to as choking. Nearly two-thirds of women in her most recent campus-representative survey of 5,000 students at an anonymized “major Midwestern university” said a partner had choked them during sex (one-third in their most recent encounter). The rate of those women who said they were between the ages 12 and 17 the first time that happened had shot up to 40 percent from one in four.

As someone who’s been writing for well over a decade about young people’s attitudes and early experience with sex in all its forms, I’d also begun clocking this phenomenon. I was initially startled in early 2020 when, during a post-talk Q. and A. at an independent high school, a 16-year-old girl asked, “How come boys all want to choke you?” In a different class, a 15-year-old boy wanted to know, “Why do girls all want to be choked?” They do? Not long after, a college sophomore (and longtime interview subject) contacted me after her roommate came home in tears because a hookup partner, without warning, had put both hands on her throat and squeezed.

I started to ask more, and the stories piled up. Another sophomore confided that she enjoyed being choked by her boyfriend, though it was important for a partner to be “properly educated” — pressing on the sides of the neck, for example, rather than the trachea. (Note: There is no safe way to strangle someone.) A male freshman said “girls expected” to be choked and, even though he didn’t want to do it, refusing would make him seem like a “simp.” And a senior in high school was angry that her friends called her “vanilla” when she complained that her boyfriend had choked her.

Sexual strangulation, nearly always of women in heterosexual pornography, has long been a staple on free sites, those default sources of sex ed for teens . As with anything else, repeat exposure can render the once appalling appealing. It’s not uncommon for behaviors to be normalized in porn, move within a few years to mainstream media, then, in what may become a feedback loop, be adopted in the bedroom or the dorm room.

Choking, Dr. Herbenick said, seems to have made that first leap in a 2008 episode of Showtime’s “Californication,” where it was still depicted as outré, then accelerated after the success of “Fifty Shades of Grey.” By 2019, when a high school girl was choked in the pilot of HBO’s “Euphoria,” it was standard fare. A young woman was choked in the opener of “The Idol” (again on HBO and also, like “Euphoria,” created by Sam Levinson; what’s with him ?). Ali Wong plays the proclivity for laughs in a Netflix special, and it’s a punchline in Tina Fey’s new “Mean Girls.” The chorus of Jack Harlow’s “Lovin On Me,” which topped Billboard’s Hot 100 chart for six nonconsecutive weeks this winter and has been viewed over 99 million times on YouTube, starts with, “I’m vanilla, baby, I’ll choke you, but I ain’t no killer, baby.” How-to articles abound on the internet, and social media algorithms feed young people (but typically not their unsuspecting parents) hundreds of #chokemedaddy memes along with memes that mock — even celebrate — the potential for hurting or killing female partners.

I’m not here to kink-shame (or anything-shame). And, anyway, many experienced BDSM practitioners discourage choking, believing it to be too dangerous. There are still relatively few studies on the subject, and most have been done by Dr. Herbenick and her colleagues. Reports among adolescents are now trickling out from the United Kingdom , Australia , Iceland , New Zealand and Italy .

Twenty years ago, sexual asphyxiation appears to have been unusual among any demographic, let alone young people who were new to sex and iffy at communication. That’s changed radically in a short time, with health consequences that parents, educators, medical professionals, sexual consent advocates and teens themselves urgently need to understand.

Sexual trends can spread quickly on campus and, to an extent, in every direction. But, at least among straight kids, I’ve sometimes noticed a pattern: Those that involve basic physical gratification — like receiving oral sex in hookups — tend to favor men. Those that might entail pain or submission, like choking, are generally more for women.

So, while undergrads of all genders and sexualities in Dr. Herbenick’s surveys report both choking and being choked, straight and bisexual young women are far more likely to have been the subjects of the behavior; the gap widens with greater occurrences. (In a separate study , Dr. Herbenick and her colleagues found the behavior repeated across the United States, particularly for adults under 40, and not just among college students.) Alcohol may well be involved, and while the act is often engaged in with a steady partner, a quarter of young women said partners they’d had sex with on the day they’d met also choked them.

Either way, most say that their partners never or only sometimes asked before grabbing their necks. For many, there had been moments when they couldn’t breathe or speak, compromising the ability to withdraw consent, if they’d given it. No wonder that, in a separate study by Dr. Herbenick, choking was among the most frequently listed sex acts young women said had scared them, reporting that it sometimes made them worry whether they’d survive.

Among girls and women I’ve spoken with, many did not want or like to be sexually strangled, though in an otherwise desired encounter they didn’t name it as assault . Still, a sizable number were enthusiastic; they requested it. It is exciting to feel so vulnerable, a college junior explained. The power dynamic turns her on; oxygen deprivation to the brain can trigger euphoria.

That same young woman, incidentally, had never climaxed with a partner: While the prevalence of choking has skyrocketed, rates of orgasm among young women have not increased, nor has the “orgasm gap” disappeared among heterosexual couples. “It indicates they’re not doing other things to enhance female arousal or pleasure,” Dr. Herbenick said.

When, for instance, she asked one male student who said he choked his partner whether he’d ever tried using a vibrator instead, he recoiled. “Why would I do that?” he asked.

Perhaps, she responded, because it would be more likely to produce orgasm without risking, you know, death.

In my interviews, college students have seen male orgasm as a given; women’s is nice if it happens, but certainly not expected or necessarily prioritized (by either partner). It makes sense, then, that fulfillment would be less the motivator for choking than appearing adventurous or kinky. Such performances don’t always feel good.

“Personally, my hypothesis is that this is one of the reasons young people are delaying or having less sex,” Dr. Herbenick said. “Because it’s uncomfortable and weird and scary. At times some of them literally think someone is assaulting them but they don’t know. Those are the only sexual experiences for some people. And it’s not just once they’ve gotten naked. They’ll say things like, ‘I’ve only tried to make out with someone once because he started choking and hitting me.’”

Keisuke Kawata, a neuroscientist at Indiana University’s School of Public Health, was one of the first researchers to sound the alarm on how the cumulative, seemingly inconsequential, sub-concussive hits football players sustain (as opposed to the occasional hard blow) were key to triggering C.T.E., the degenerative brain disease. He’s a good judge of serious threats to the brain. In response to Dr. Herbenick’s work, he’s turning his attention to sexual strangulation. “I see a similarity” to C.T.E., he told me, “though the mechanism of injury is very different.” In this case, it is oxygen-blocking pressure to the throat, frequently in light, repeated bursts of a few seconds each.

Strangulation — sexual or otherwise — often leaves few visible marks and can be easily overlooked as a cause of death. Those whose experiences are nonlethal rarely seek medical attention, because any injuries seem minor: Young women Dr. Herbenick studied mostly reported lightheadedness, headaches, neck pain, temporary loss of coordination and ear ringing. The symptoms resolve, and all seems well. But, as with those N.F.L. players, the true effects are silent, potentially not showing up for days, weeks, even years.

According to the American Academy of Neurology, restricting blood flow to the brain, even briefly, can cause permanent injury, including stroke and cognitive impairment. In M.R.I.s conducted by Dr. Kawata and his colleagues (including Dr. Herbenick, who is a co-author of his papers on strangulation), undergraduate women who have been repeatedly choked show a reduction in cortical folding in the brain compared with a never-choked control group. They also showed widespread cortical thickening, an inflammation response that is associated with elevated risk of later-onset mental illness. In completing simple memory tasks, their brains had to work far harder than the control group, recruiting from more regions to achieve the same level of accuracy.

The hemispheres in the choked group’s brains, too, were badly skewed, with the right side hyperactive and the left underperforming. A similar imbalance is associated with mood disorders — and indeed in Dr. Herbenick’s surveys girls and women who had been choked were more likely than others (or choked men) to have experienced overwhelming anxiety, as well as sadness and loneliness, with the effect more pronounced as the incidence rose: Women who had experienced more than five instances of choking were two and a half times as likely as those who had never been choked to say they had been so depressed within the previous 30 days they couldn’t function. Whether girls and women with mental health challenges are more likely to seek out (or be subjected to) choking, choking causes mood disorders, or some combination of the two is still unclear. But hypoxia, or oxygen deprivation — judging by what research has shown about other types of traumatic brain injury — could be a contributing factor. Given the soaring rates of depression and anxiety among young women, that warrants concern.

Now consider that every year Dr. Herbenick has done her survey, the number of females reporting extreme effects from strangulation (neck swelling, loss of consciousness, losing control of urinary function) has crept up. Among those who’ve been choked, the rate of becoming what students call “cloudy” — close to passing out, but not crossing the line — is now one in five, a huge proportion. All of this indicates partners are pressing on necks longer and harder.

The physical, cognitive and psychological impacts of sexual choking are disturbing. So is the idea that at a time when women’s social, economic, educational and political power are in ascent (even if some of those rights may be in jeopardy), when #MeToo has made progress against harassment and assault, there has been the popularization of a sex act that can damage our brains, impair intellectual functioning, undermine mental health, even kill us. Nonfatal strangulation, one of the most significant indicators that a man will murder his female partner (strangulation is also one of the most common methods used for doing so), has somehow been eroticized and made consensual, at least consensual enough. Yet, the outcomes are largely the same: Women’s brains and bodies don’t distinguish whether they are being harmed out of hate or out of love.

By now I’m guessing that parents are curled under their chairs in a fetal position. Or perhaps thinking, “No, not my kid!” (see: title of Dr. Herbenick’s book above, which, by the way, contains an entire chapter on how to talk to your teen about “rough sex”).

I get it. It’s scary stuff. Dr. Herbenick is worried; I am, too. And we are hardly some anti-sex, wait-till-marriage crusaders. But I don’t think our only option is to wring our hands over what young people are doing.

Parents should take a beat and consider how they might give their children relevant information in a way that they can hear it. Maybe reiterate that they want them to have a pleasurable sex life — you have already said that, right? — and also want them to be safe. Tell them that misinformation about certain practices, including choking, is rampant, that in reality it has grave health consequences. Plus, whether or not a partner initially requested it, if things go wrong, you’re generally criminally on the hook.

Dr. Herbenick suggests reminding them that there are other, lower-risk ways to be exploratory or adventurous if that is what they are after, but it would be wisest to delay any “rough sex” until they are older and more skilled at communicating. She offers language when negotiating with a new partner, such as, “By the way, I’m not comfortable with” — choking, or other escalating behaviors such as name-calling, spitting and genital slapping — “so please don’t do it/don’t ask me to do it to you.” They could also add what they are into and want to do together.

I’d like to point high school health teachers to evidence-based porn literacy curricula, but I realize that incorporating such lessons into their classrooms could cost them their jobs. Shafia Zaloom, a lecturer at the Harvard Graduate School of Education, recommends, if that’s the case, grounding discussions in mainstream and social media. There are plenty of opportunities. “You can use it to deconstruct gender norms, power dynamics in relationships, ‘performative’ trends that don’t represent most people’s healthy behaviors,” she said, “especially depictions of people putting pressure on someone’s neck or chest.”

I also know that pediatricians, like other adults, struggle when talking to adolescents about sex (the typical conversation, if it happens, lasts 40 seconds). Then again, they already caution younger children to use a helmet when they ride a bike (because heads and necks are delicate!); they can mention that teens might hear about things people do in sexual situations, including choking, then explain the impact on brain health and why such behavior is best avoided. They should emphasize that if, for any reason — a fall, a sports mishap or anything else — a young person develops symptoms of head trauma, they should come in immediately, no judgment, for help in healing.

The role and responsibility of the entertainment industry is a tangled knot: Media reflects behavior but also drives it, either expanding possibilities or increasing risks. There is precedent for accountability. The European Union now requires age verification on the world’s largest porn sites (in ways that preserve user privacy, whatever that means on the internet); that discussion, unsurprisingly, had been politicized here. Social media platforms have already been pushed to ban content promoting eating disorders, self-harm and suicide — they should likewise be pressured to ban content promoting choking. Traditional formats can stop glamorizing strangulation, making light of it, spreading false information, using it to signal female characters’ complexity or sexual awakening. Young people’s sexual scripts are shaped by what they watch, scroll by and listen to — unprecedentedly so. They deserve, and desperately need, models of interactions that are respectful, communicative, mutual and, at the very least, safe.

Peggy Orenstein is the author of “Boys & Sex: Young Men on Hookups, Love, Porn, Consent and Navigating the New Masculinity” and “Girls & Sex: Navigating the Complicated New Landscape.”

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An earlier version of this article misstated the network on which “Californication” first appeared. It is Showtime, not HBO. The article also misspelled a book and film title. It is “Fifty Shades of Grey,” not “Fifty Shades of Gray.”

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