MEMORANDUM NO. MVFL 2009-834
FOR: All faculty members
SUBJECT: Faculty
Advisory Concerning Sexual Harassment
and Guidelines on Consensual and Intimate Relationships or Attempts to
Establish These Relationships Between Members of the Faculty and Students
DATE: June 4, 2009
This advisory is being issued to all members of the faculty of law of the University of the Philippines both as a reminder of existing policy and as a guide on how the current adminstration of our College views consensual and intimate relationships and attempts to establish these relationships between faculty and students. I am aware that many units of various universities have had to deal with this issue. From past incidents, we have learned that it is important to articulate a policy.
I
Policy
The College of Law
of the University of the Philippines affirms the policy declaration set forth
in Republic Act 7877 (Anti-Sexual Harassment Act) and is committed to the
establishment of an intellectual and moral environment in which the dignity and
worth of all members of the academic community are guaranteed full respect. It
also affirms its commitment to provide a secure and conducive learning working
environment for students, faculty members, and employees free from sexual harassment
and all forms of intimidation and exploitation. (Sec.1, Implementing Rules and Regulations of the Anti-Sexual
Harassment Act of 7877, 1121st BOR meeting, 25 June 1998)
Sexual harassment is a reprehensible conduct which subverts the mission of the College of Law and undermines the careers of students and faculty members as well as those of the research and administrative personnel. The College of Law shall take measures to prevent sexual harassment and eliminate conditions which give rise to sexual intimidation and exploitation within the purview of the UP IRR on Sexual Harassment and other relevant norms. These acts shall be a ground for administrative disciplinary action and may constitute grave misconduct, simple misconduct, disgraceful or immoral conduct, or conduct prejudicial to the best interest of the service, as each case may warrant. (Sec. 5 Policy Standards and Guidelines Concerning Sexual Harassment, Implementing Rules and Regulations of the Anti-Sexual Harassment Act of 7877, 1121st BOR meeting, 25 June 1998)
Definition of Sexual Harassment
(1) Sexual harassment is committed by an officer, faculty member, employee, coach, trainor, or any person who having authority, influence or moral ascendancy over another in any aspect of academic or administrative work in any campus, unit, office, or classroom of the University demands, requests or otherwise requires any sexual favour from the other, without regard as to whether such demand, request, or requirement is accepted by the latter.(Sec.3 (a) Implementing Rules and Regulations of the Anti-Sexual Harassment Act of 7877, 1121st BOR meeting, 25 June 1998)
(2) In the academic, teaching or study environment, sexual harassment is committed:
(a) Against a student, trainee or one who is under the care, custody, supervision, or advisorship of the offender;
(b) Against one whose education, training, apprenticeship, or tutorship is entrusted to the offender;
(c) When the sexual favour is deemed to be a condition to the giving of a passing grade, the granting of honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or considerations; or
(d) When sexual advances result in an intimidating, hostile, or offensive environment for the student, trainee, or apprentice. (Sec 3 (c) Implementing Rules and Regulations of the Anti-Sexual Harassment Act of 7877, 1121st BOR meeting, 25 June 1998)
(3) Sexual harassment under the UP IRR is not limited to cases involving abuse of authority or power but includes as well those in peer relationships, such as faculty-faculty, employee-employee, or student-student relations, or those involving harassment of faculty members or employees by students. It contemplates cases of harassment involving the same or opposite sex. (Sec.5 (b) Policy Standards and Guidelines Concerning Sexual Harassment, Implementing Rules and Regulations of the Anti-Sexual Harassment Act of 7877, 1121st BOR meeting, 25 June 1998)
Any complaint against a faculty member shall be attended to with due and deliberate dispatch taking into consideration all the sensitivities and courtesies needed by the situation. It is not the policy of this administration to facilitate a settlement if the complainant is not willing. This administration also commits to inform the faculty during its meetings when a complaint has been filed in a manner that will safeguard the integrity of those involved especially the offended party. The interests of our College as a leading legal institution are best served by a full, efficient and transparent enforcement of the present rules against sexual harrassment. Nothing is gained by rumors or exaggerated speculations.
II
Consensual and Intimate Relationships and
Attempts to Establish these types of Relationships
Between Faculty and Students
For purposes of
these guidelines, consensual and intimate relationships that are romantic
and/or sexual in nature in which the parties involved may have consented but
are still professor and student in the College, whether or not the student is
actually enlisted in a course being taught by the professor at the time of the
relationship.
Attempts to
establish these kinds of relationships by a member of our faculty where the
student is enrolled or under any form of supervision of that same faculty may
be proscribed by our existing rules on sexual harrassment or, at the very
least, by our rules against discrimination among students.
Some of these
cases, like those where there may already be an existing consensual
relationship, may arguably fall outside the purview of the prohibited acts of
the Anti-Sexual Harassment Act and the University Rules. However, these situations have the
potential for endangering the welfare of students given the power differential
which exists between professors and the students. Ultimately, some consensual
relationships can later give rise or develop into situations where there is
actual sexual harassment.
Consensual and
intimate relationships also raise serious ethical questions for teaching
personnel who face a clear conflict of interest. It is an accepted ethical
principle that individuals tasked with evaluating the performance of others
ought to be precluded from evaluating the work of those with whom they have
intimate relationships, familial or other similar ties. This principle also
applies to consensual romantic/sexual relationships.
Likewise, the
existence of consensual and intimate relationships undermine the integrity of
the faculty, the college and eventually the university in its commitment to
provide a respectful and enabling environment for both students and university
personnel.
As suggested by
some members of our faculty, I will be soon convening a committee to draft more
concrete and detailed guidelines for our approval. I will also be asking the students to work on their own
proposals which will be part of the information that will be considered by this
committee. The required forums and
discussions will be given ample resources in order that all dimensions of these
situations can be taken into consideration and that all our stakeholders be
encouraged to think about these issues. Educational institutions have grappled
with this situation and it is part of our role to provide the venue for a full
and frank discussion of these issues.
In the meantime,
I strongly and emphatically urge members
of the faculty not to engage nor attempt to engage in romantic and/or sexual
relationships with current students of this college. This call for professors to take on the
responsibility of avoiding these entanglements is consistent with our
professional and ethical standards even as I maintain my utmost respect for the
moral agency of both professors and students. It is our duty to uphold the dignity of the legal and
teaching profession.
Nothing in this
guidelines should however be interpreted as discouraging any faculty member
from professionally establising the necessary rapport with students in order to
provide for a more effective learning environment.
As usual, I look
forward to your comments and suggestions regarding these policies. However, until further notice, I ask
that you assist us implement these policies strictly.
For your
guidance,
Marvic
M.V.F. Leonen
Dean and Professor of Law
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