MMS 111 > ASH > Flashcards

ASH Flashcards

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1
Q

What is the purpose of the UP Anti-Sexual Harassment Code?

A

The Code aims to uphold the dignity of every individual and guarantee respect for human rights within the UP community.

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2
Q

Who does the UP Anti-Sexual Harassment Code apply to?

A

It applies to all teaching and non-teaching personnel, and students of the University.

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3
Q

What constitutes sexual harassment according to the Code?

A

Sexual harassment is unwanted, unwelcome, uninvited behavior of a sexual nature or inappropriate sexual advances.

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4
Q

What are the classifications of sexual harassment offenses?

A

Sexual harassment is classified as light, less grave, and grave offenses.

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5
Q

What are examples of light offenses?

A

Light offenses include surreptitious looking, malicious leering, and sexual flirtation.

Examples: 1. Surreptitious looking or stealing a look at a person’s private parts. 2. Malicious leering or ogling.

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6
Q

What are examples of grave offenses?

A

Grave offenses include forced kissing and requesting sexual favors in exchange for benefits.

Examples: 1. Touching or groping of private parts. 2. Attempted or consummated unwanted sexual intercourse.

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7
Q

What is the role of the Anti-Sexual Harassment Council?

A

The Council serves as the oversight committee for the Office of Anti-Sexual Harassment and determines if a prima facie case exists.

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8
Q

What is the function of the Office of Anti-Sexual Harassment (OASH)?

A

The OASH implements decisions regarding sexual harassment cases and conducts educational activities to prevent harassment.

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9
Q

What is Alternative Dispute Resolution (ADR) in the context of the Code?

A

ADR refers to conciliation and mediation processes used for resolving complaints of sexual harassment under specific conditions.

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10
Q

What support services does the OASH provide?

A

Support services may include temporary shelter, medical and legal services, counseling, and safety measures.

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11
Q

What is the definition of ‘UP community’?

A

The UP community includes all members, natural or juridical, such as teaching and non-teaching personnel and students.

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12
Q

What is the role of the OASH in complaints settled through ADR?

A

Complaints settled through ADR shall at all times be with the assistance of the OASH.

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13
Q

What support services may the OASH provide?

A

Support services may include but are not limited to: temporary shelter, medical and legal services, counseling, transportation, communication, safety and security measures, and laboratory procedures.

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14
Q

What training does the OASH provide?

A

The OASH shall provide orientation/training to all those who are involved in providing support services to parties in the sexual harassment case.

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15
Q

Who represents the University as complainant?

A

The University as complainant shall be represented by the Chancellor or President, or his/her designate.

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16
Q

Who can assist the complaining witness and the respondent?

A

The complaining witness and the respondent may be assisted by their respective counsels of choice, who are not connected with the University.

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17
Q

What is the role of counsel in these cases?

A

The role of counsel shall be limited to advice to his/her client.

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18
Q

Where can a report or complaint be filed?

A

The report/complaint may be filed with the CU OASH where the incident was committed, or in the CU OASH selected by the aggrieved party.

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19
Q

How can sexual harassment be reported?

A

Any sexual harassment committed may be reported orally or in writing, in English or Filipino, to the OASH by an aggrieved party, or by any person for the aggrieved party.

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20
Q

What is required for a report to be valid?

A

The report must be in writing, signed by the aggrieved party or person, and notarized.

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21
Q

What happens if a report is made orally?

A

A report made orally shall be reduced in writing by the OASH person-in-charge using a prescribed case in-take form and signed by the aggrieved party.

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22
Q

How are reports against non-members of the UP community handled?

A

A report filed by any member of the UP community against a non-member shall be dealt with similarly, in accordance with the terms of their engagement with the University.

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23
Q

What is the procedure for reports against ASH Council members and OASH staff?

A

Reports against any member of the ASH Council and the OASH staff shall be referred to the Office of the Chancellor for investigation and appropriate action.

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24
Q

Where are reports involving UP System officials referred?

A

Reports involving UP System officials and employees shall be referred to the UP Diliman OASH for investigation and disposition.

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25
What is the procedure for reports against the Chancellor?
A report filed against the Chancellor shall be referred to the Office of the President of the University for investigation and appropriate action.
26
What happens with reports against the President?
A report filed against the President shall be referred to the Board of Regents of the University of the Philippines for investigation and appropriate action.
27
What is the role of the designated OASH case interviewer?
A designated OASH case interviewer shall determine the particulars of the incident/s reported by asking specific questions to elicit details.
28
What must happen within five days of receiving a report?
Within five days from receipt of the report, the OASH shall serve a notice of the report upon the person complained of and his/her parent or guardian, if applicable.
29
What is required from the person complained of after receiving the notice?
Within five days from receipt of the notice, the person/s complained of shall submit a written and notarized response to the OASH.
30
What is the responsibility of the ASH Council?
The ASH Council serves as the oversight committee of the Office of Anti-Sexual Harassment (OASH), determines the existence of a prima facie case of sexual harassment, recommends Hearing Committees, and performs other tasks assigned by the Chancellor.
31
What is the role of the Office of Anti-Sexual Harassment (OASH)?
The OASH is responsible for implementing decisions related to sexual harassment cases and is headed by a Coordinator appointed by the Chancellor.
32
What are the responsibilities of the OASH?
The OASH is responsible for designing prevention programs, disseminating information on anti-sexual harassment policies, formulating trust-building procedures, coordinating support measures, serving as secretariat for the ASH Council, preparing annual reports, monitoring decisions, and performing delegated functions.
33
What is the term length for the Coordinator of the OASH?
The Coordinator shall serve a term of three (3) years, which may be renewed.
34
What is the Anti-Sexual Harassment Hearing Pool?
The OASH maintains a pool of students and personnel from which members of a Hearing Committee are drawn for cases requiring formal procedures.
35
What are the two types of procedures for resolving sexual harassment cases?
The two types are informal procedures, which include alternative dispute resolution and support services, and formal procedures, which involve administrative disciplinary proceedings.
36
What is Alternative Dispute Resolution (ADR) in the context of this Code?
ADR is limited to conciliation and mediation for the first complaint of sexual harassment, provided certain conditions are met.
37
What support services can the OASH provide?
The OASH may provide temporary shelter, medical and legal services, counseling, transportation, safety measures, and more.
38
Who represents the University as a complainant?
The University is represented by the Chancellor or President, or their designate.
39
Where can a report or complaint be filed?
Complaints may be filed with the CU OASH where the incident occurred or in a CU OASH selected by the aggrieved party.
40
How can a sexual harassment report be commenced?
A report can be made orally or in writing to the OASH by the aggrieved party or someone on their behalf, and must be signed and notarized.
41
What happens after a report is received by the OASH?
The OASH serves a notice to the person complained of within five days and requires a written response within another five days.
42
What is the process for determining a prima facie case of sexual harassment?
The ASH Council evaluates the documents submitted after the response to determine if a prima facie case exists.
43
What is the deadline for filing position papers after the preliminary meeting?
Within two (2) weeks from the preliminary meeting.
44
What may the Hearing Committee call for after the submission of position papers?
Clarificatory meetings.
45
What is the deadline for the Hearing Committee to submit its report and recommendations?
Within fifteen (15) days from the receipt of the position papers or the last clarificatory meeting.
46
What is the deadline for the Chancellor to render a decision after receiving the Committee's report?
Within thirty (30) days from receipt of the Committee report and recommendation/s.
47
When does the Chancellor's decision become final and executory?
Ten (10) days after receipt of the copy by the parties.
48
What happens in cases of expulsion/dismissal?
The decision shall be automatically appealed to the Office of the President.
49
What is the deadline to appeal the Chancellor's decision to the President?
Within ten (10) days upon receipt of the decision.
50
What is the deadline for the President to decide on an appeal?
Within thirty (30) days upon receipt of the decision of the Chancellor.
51
What is the deadline for the President to render a decision in cases involving UP System Officials?
Within thirty (30) days from the receipt of the Committee report and recommendation/s.
52
What is the appeal process for the President's decision?
The decision is appealable to the Board of Regents (BOR) within ten (10) days upon receipt.
53
What corrective measures are imposed for light offenses for teaching or non-teaching personnel?
1st offense – Reprimand or suspension for one (1) month and one (1) day to six (6) months. 2nd offense – Fine or suspension for six (6) months and one (1) day to one (1) year. 3rd offense – Dismissal.
54
What corrective measures are imposed for light offenses for students?
1st offense – Reprimand or community service not exceeding 30 hours. 2nd offense – Suspension not exceeding one (1) semester. 3rd offense – Expulsion.
55
What corrective measures may be imposed regardless of the number of offenses?
Written or oral apology, counseling, and attendance in relevant trainings.
56
What factors are considered when determining corrective measures?
Nature and circumstances of the act, frequency and severity, personal circumstances, safety of the parties, and other relevant factors.
57
What is the prescriptive period for filing complaints for sexual harassment?
Within four (4) years from the commission of the act.
58
What is the confidentiality clause regarding proceedings and records?
All proceedings and records are strictly confidential, and any violation may lead to disciplinary action.
59
Who is responsible for the effective implementation of the Code?
The President and the Chancellors.
60
How often must members of the UP community undergo anti-sexual harassment orientation?
Once every three (3) years.
61
What is the effectivity period of the Code after publication?
Seven (7) days from publication in the UP System official publication and website.
62
What does the repealing clause state?
This Code amends and supersedes the University’s Implementing Rules and Regulations of the Anti-Sexual Harassment Act of 1995.
MMS 111
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