Sexual harassment acts through text messaging, email, online, or in streets and public places are included in the amended rules against sexual harassment offenders in government, in a recent resolution of the Civil Service Commission.
CSC Resolution No. 2100064, that will take effect on June 1, amends provisions in the 2017 Rules on Administrative Cases in the Civil Service, specifically to the administrative proceedings for sexual harassment complaints where the offender is a government employee or official, a press release from CSC said.
The resolution expanded sexual harassment in the workplace, in educational and training institution, in streets and public spaces, and online.
Sexual harassment in the workplace is defined as one that is “done verbally, physically, or through the use of technology, such as text messaging or email… that has or could have a detrimental effect on the conditions of an individual’s employment or education, job performance or opportunities”, the CSC said.
It could also be a “conduct of sexual nature affecting the dignity of a person, which is unwelcome, unreasonable and offensive to the recipient”, or one that is “unwelcome and pervasive and creates an intimidating, hostile, or humiliating environment for the recipient”.
The changes in the 2017 RACCS were primarily made to further deter sexual harassment in the public sector, and to harmonize these rules with Republic Act No. 11313, or the Safe Spaces Act and its Implementing Rules and Regulations, the press release said.
Sexual harassment committed by a government employee in a work-related, training, or education-related environment between peers, or by a subordinate to a superior, has long been recognized as an administrative offense, first under CSC Resolution No. 01-0940 on Administrative Disciplinary Rules on Sexual Harassment Cases, and under the 2017 RACCS.
Consistent with the Safe Spaces Act, the amended rules consider as sexual harassment in streets and public spaces those acts such as catcalling, wolf-whistling, and misogynistic, transphobic, or sexist slurs committed in alleys, roads, and similar types of public spaces.
It defines gender-based online sexual harassment as “acts that use information and communication technology in terrorizing and intimidating victims” and includes “physical, psychological, and emotional threats, unwanted sexual misogynistic, transphobic, homophobic, and sexist remarks and comments online whether publicly or through direct and private messages, invasion of victim’s privacy through cyberstalking and incessant messaging, uploading and sharing without the consent of the victim, any form of media that contains photos, voice, or video with sexual content, any unauthorized recording and sharing of any of the victim’s photos, videos, or any information online, impersonating identities of victims online or posting lies about the victims to harm their reputation, or filing false abuse reports to online platforms to silence victims.”
The CSC resolution also strengthens the role of the Committee on Decorum and Investigation (CODI) in a government agency and averts possible delays in their investigation of complaints of sexual harassment.
Among the duties of the CODI is to ensure that the complainant does not suffer from retaliation or any disadvantage in terms of benefits or security of tenure, and to guarantee due process, gender-sensitive handling of the cases, and confidentiality of the identity of the parties involved.
The CODI is given 10 days from the termination of the investigation to submit its findings with recommendations to the disciplining authority for decision.
Heads of agencies who will be found remiss on their duties under CSC Resolution No. 2100064 or not taking action on complaints may be charged with neglect of duty.
Sexual harassment may be classified as light offense, less grave offense, or grave offense depending on the act committed, and may be meted a penalty ranging from a reprimand to outright dismissal from the service.—PR
