Civil Service Commission: Online platforms now covered by rules vs. sexual harassment

The Civil Service Commission (CSC) has included unwelcome sexual advances via text messages, e-mail, online platforms, and in public spaces in its revised rules against sexual harassment in the government service.

In a statement, the CSC has announced the promulgation of Resolution No. 2100064 which amends the provisions under the 2017 Rules on Administrative Cases in the Civil Service (RACCS) on administrative proceedings for sexual harassment complaints where the government employee is the offender.

The revisions were made to harmonize the CSC rules with the Republic Act No. 11313 or the Safe Spaces Act and its Implementing Rules and Regulations.

Under the said resolution, the definition of the term “sexual harassment” was expanded into the following categories: sexual harassment in the workplace, sexual harassment in educational and training institution, sexual harassment in streets and public spaces, and online sexual harassment.

The CSC now defines sexual harassment in the workplace as acts “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 individuals’ employment or education, job performance or opportunities."

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.”

In consideration of the Safe Spaces Act, CSC said the amended rules also provide for 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.

The CSC likewise defined gender-based online sexual harassment as “acts that use information and communication technology in terrorizing and intimidating victims.”

This 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, among others.

The resolution will take effect on June 1, 2021.

Moreover, the same CSC resolution has further strengthened the role of the Committee on Decorum and Investigation (CODI) in a government agency by mandating the head of the agency, education or training institution, to ensure that sufficient number of people will replace any member of the committee in case of absence or need to inhibit from the case.

This will avert possible delays in their investigation of complaints of sexual harassment, the commission said.

The CSC required the CODI to be headed by a woman and not less than half of the panel should be composed of women.

“Either the complainant or the person being complained of may request any member of the CODI to inhibit from the proceedings based on conflict of interest, manifest partiality, and other reasonable grounds. A CODI member may also voluntarily inhibit on the same grounds,” the CSC said.

The CODI is also tasked to ensure that the complaining party will not suffer 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 committee will be given 10 days from the termination of the investigation to submit its recommendations to the disciplining authority for decision.

Furthermore, the new CSC resolution tasks the head of the agency to disseminate the rules to all employees, conduct of orientations among employees; and distribution of materials and conduct of trainings on gender sensitivity.

Agency heads who will not follow their duties under the new CSC resolution or not taking action on the complaints may face charges on 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,” the CSC statement read. —NB, GMA News