ORANI WATER DISTRICT ADMINISTRATIVE DISCIPLINARY RULES ON SEXUAL HARASSMENT CASES

In line with the implementation of CSC Resolution No. 01- 0940 which took effect on August 5, 2001, the District hereby adopts the herein Administrative Disciplinary Rules on Sexual Harassment Cases to include a Committee on Decorum and Investigation (CODI) as required on Rule VI Section 7.

RULE I. TITLE

SECTION I. These rules shall be known as the Orani Water District Administrative Disciplinary Rules on Sexual Harassment Cases.

RULE II. COVERAGE

SECTION 2. These rules shall apply to all employees of the District.

RULE III. DEFINITION

SECTION 3. For the purpose of these rules, the administrative offense of sexual harassment is an act, or a series of acts, involving any un-welcome sexual advance, request or demand for sexual favor, or other verbal or physical behavior of a sexual nature, committed by any District employee in a work- related environment or training-related environment of the person complained of.

Work- related sexual harassment is committed under the following circumstances:

1. Submission to or rejection of the act or series of acts is used as a basis for any employment decision (including, but not limited to, matters related to hiring, promotion, raise in salary, job security, benefits and any other personnel action) affecting the applicant/ employee; or

2. The act or series of acts which have the purpose or effect of interfering with the complainant’s work performance, or creating an intimidating, hostile or offensive work environment; or

3. The act or series of acts which might reasonably be expected to cause discrimination, insecurity, discomfort, offense or humiliation to complainant who may be a co-employee, applicant, customer, or ward of the person complained of.

SECTION 4. Where sexual harassment may take place:

Work- related sexual harassment is committed under the following circumstances:

1. In the premises of the workplace or office;

2. In any place where the parties were found as a result of work;

3. At work/ training related social functions;

4. While on official business outside the office or during work- related travel;

5. At official conferences, fora, symposia or training sessions; or

6. By telephone, cellular phone, fax machine or electronic mail.

RULE IV. FORMS OF SEXUAL HARASSMENT

SECTION 5. The following are illustrative forms of sexual harassment:

A. Physical

1. Malicious touching

2. Overt sexual advances

3. Gestures with lewd insinuation

B. Verbal, such as but not limited to, request or demands for sexual favors, and lurid remarks

C. Use of objects, pictures or graphics, letters or written notes with sexual underpinnings

D. Other forms analogous to the foregoing.

RULE V. PERSON LIABLE FOR SEXUAL HARASSMENT

SECTION 6. Any District employee, regardless of sex, is liable for sexual harassment when he/ she:

a. Directly participates in the execution of any act of sexual harassment as defined by these rules;

b. Induces or directs another or others to commit sexual harassment as defined by these rules;

c. Cooperates in the commission of sexual harassment by another through an act without which the sexual harassment would not have been accomplished;

d. Cooperates in the commission of sexual harassment by another through previous or simultaneous acts.

RULE VI. COMMITTEE ON DECORUM AND INVESTIGATION (CODI) OF SEXUAL HARASSMENT CASES

SECTION 7. A Committee on Decorum and Investigation (CODI) shall be created in Orani Water District which shall exercise original and exclusive jurisdiction over sexual harassment cases. The CODI shall perform the following functions:

a. Receives complaints of sexual harassment;

b. Investigate sexual harassment complaints in accordance with the prescribed procedure;

c. Submit a report of its findings with the corresponding recommendation to the disciplining authority for decision;

d. Lead the conduct of discussions about sexual harassment within the Orani Water District to increase understanding and prevent incidents of sexual harassment;

When the member of the Committee is the complainant or the person complained of in a sexual harassment case, he/she shall be replaced by a representative who shall be selected through election, until such time the said deliberation have been completed and terminated.

SECTION 8. Composition of Committee on Decorum and Investigation (CODI). The Orani Water District Committee on Decorum and Investigation is composed of the following:

a. The General Manager, which shall act as the Chairman;

b. All Division Managers positions or their equivalent position;

c. The Human Resource Management Officer/ Personnel Officer;

d. Four (4) members from the rank-and-file who shall serve for a term of two (2) years and chosen through a general assembly or any other mode of selection to be conducted for the purpose; two (2) from the first level (1 regular member and 1 alternate) and two (2) from the second level (1 regular member and 1 alternate). The first level representative shall participate in the resolution of the grievance of first level employees while the second level representative shall participate in the resolution of grievance of second level employees

SECTION 9. The term of office of the members of the District’s CODI shall be two (2) years.

RULE VII. PRE-FILING STANDARD OPERATING PROCEDURES IN ATTENDING TO VICTIMS OF SEXUAL HARASSMENT

SECTION 10. The Pre-Filing Stage. The District may adopt mechanisms to provide assistance to an alleged victim of sexual harassment which may include counseling, referral to an agency offering professional help, and advice on options available before the filing of the complaint.

RULE VIII. STANDARD PROCEDURAL REQUIREMENTS

SECTION 11. The procedural rules provided hereunder are the standard requirements in handling a sexual harassment case.

SECTION 12. Complaint
a. The complaint may be filed at any time with the disciplining authority or with the District Committee on Decorum and Investigation. Upon receipt of the complaint by the disciplining authority of the Orani Water District, the same shall be transmitted to the Committee on Decorum and Investigation, if there is any.

b. The complaint must be in writing, signed and sworn to by the complainant. It shall contain the following:

1. The full name and address of the complainant;

2. The full name, address and position of the respondent;

3. A brief statement of the relevant facts;

4. Evidence in support of the complaint if any;

5. A certification of non-forum shopping.

In absence of any aforementioned requirements, the complaint shall be dismissed without prejudice to its re-filing.

Where the complaint is not under oath, the complainant shall be summoned by the committee to swear to the truth of the allegations in the complaint.

c. Complaint sent by the telegram, radiogram, electronic mail or similar means of communication shall be considered non-filed unless the complainant shall comply with the above requirements within ten (10) days from receipt of the notice for compliance.

d. Withdrawal of the complaint at any stage of the proceedings shall not preclude the Committee from proceeding with the investigation where there is obvious truth or merit to the allegations in the complaint or where there is documentary or direct evidence that can prove the guilt of the person complained of.

SECTION 13. Action on the Complaint. Upon receipt of a complaint that is sufficient in form and substance, the District Committee on Decorum and Investigation shall require the person complained of to submit a counter affidavit/ comment under oath within three (3) days from receipt of the notice, furnishing a copy thereof to the complainant, otherwise the Counter- Affidavit/ Comment shall be considered as not filed.

SECTION 14. Preliminary Investigation. A preliminary investigation shall be conducted by the District Committee on Decorum and Investigation. The investigation involves the ex parte examination of documents submitted by the complainant and the person complained of, as well as documents readily available from other government offices.

During the preliminary investigation, the parties may submit affidavits and counter-affidavits.

Upon receipt of the counter-affidavit or comment under oath, the District Committee on Decorum and Investigation may now recommend whether a prima facie case exists to warrant the issuance of a formal charge.

During the preliminary investigation, proceedings before the District Committee on Decorum and Investigation shall be held under strict confidentiality.

SECTION 15. Duration of the Investigation. A preliminary investigation shall commence not later than five (5) days from receipt of the complaint by the Committee on Decorum and Investigation and shall be terminated within fifteen (15) working days thereafter.

SECTION 16. Investigation Report. Within five (5) days from the termination of the preliminary investigation, the District Committee on Decorum and Investigation shall submit the investigation report and the complete records of the case to the disciplining authority, which is the Orani Water District Head.

SECTION 17. Decision or Resolution after Preliminary Investigation. If a prima facie case is established during the investigation, a formal charge shall be issued by the Orani Water District Head within three (3) working days from receipt of the investigation report.

In the absence of a prima facie case, the complaint shall be dismissed within the same period.

SECTION 18. Formal Charge. After finding a prima facie case, the Orani Water District Head shall formally charge the person complained of. The formal charge shall contain a specification of the charge(s), a brief statement of material or relevant facts, accompanied by certified true copies of the documentary evidence, if any, sworn statements covering the testimony of witnesses, a directive to answer the charge(s) in writing under oath in not less than seventy- two hours from receipt thereof, an evidence for the respondent to indicate in his/ her answer whether or not he/she elects a formal investigation of the charge(s), and a notice that he/she is entitled to be assisted by a counsel of his/ her choice.

If a respondent has submitted his/ her comment and counter affidavits during the preliminary investigation, he/she shall be given the opportunity to submit additional evidence.

The District Committee on Decorum and Investigation shall not entertain requests for clarification, bills of particulars or motion to dismiss which are obviously designed to delay the administrative proceeding. If any of these pleadings is filed by the respondent, the same shall be considered as part of his/ her answer, which he/she may file within the remaining period for filing the answer.

SECTION 19. Answer. The answer, which must be in writing and under oath, shall be specific and shall contain material facts and applicable laws, if any, including documentary evidence, sworn statements covering testimonies of witnesses, if there be any, in support of respondent’s case. It shall also include a statement indicating whether he/she elects a formal investigation.

SECTION 20. Failure to File Answer. If the respondent fails or refuses to file his/ her answer to the formal charge within seventy-two (72) hours from receipt thereof, without justifiable cause, he/shall be considered to have waived his right thereto and formal investigation may commence.

SECTION 21. Preventive Suspension. Upon petition of the complaint or motu proprio upon the recommendation of the District Committee on Decorum and Investigation, at any time after the service of the formal charge to the respondent, the Orani Water District Head may order the preventive suspension of the respondent during the formal investigation, if there are reasons to believe that he/she is probably guilty of the charges which would warrant his/her removal from the service.

An order of preventive suspension may be used to temporarily remove the respondent from the scene of his/her misfeasance or malfeasance and to preclude the possibility of his/her exerting undue influence or pressure on the witnesses against him/her or tampering of documentary evidence on file with this office.

SECTION 22. Duration of Preventive Suspension. When the administrative case against the respondent under preventive suspension is not finally decided by the Orani Water District Head within the period of ninety (90) days after the date of his/her preventive suspension, unless otherwise provided by special law, he/she shall be automatically reinstated into the service; provided that when the delay in the disposition of the case is due to the fault, negligence or petition of the respondent, the period of delay should not be included in the counting of the ninety (90) calendar days period of preventive suspension. Provided further that should the respondent be on paternity/ maternity leave, said preventive suspension shall be deferred or interrupted until such time that said leave has been fully enjoyed.

SECTION 23. Remedies from the Order of Prevention Suspension. The respondent may file motion for reconsideration with the District Head or may elevate the same to Civil Service Commission by way of appeal within fifteen (15) days from receipt thereof.

SECTION 24. Conduct of Formal Investigation. Although the respondent does not request a formal investigation, one shall nevertheless be conducted by the CODI if it deems such investigation necessary to decide the case judiciously.

The investigation shall be held not earlier than five (5) days or not later than ten (10) days from receipt of the respondent’s answer. Said investigation shall be finished within thirty (30) days from the issuance of the formal charge or the receipt of the answer unless the period is extended by the District Head in meritorious cases.

SECTION 25. Pre-hearing Conference. At the commencement of the formal investigation, the District Committee on Decorum and Investigation may conduct a pre-hearing conference for the parties to appear, consider and agree on any of the following:
a. Stipulation of facts;

b. Simplification of issues;

c. Identification and marking of evidence of the parties;

d. Waiver of objections to admissibility of evidence;

e. Limiting the number of witnesses, and their names;

f. Dates of subsequent hearings; and

g. Such other matters as may aid in the prompt and just resolution of the case

The parties may submit position papers/ memoranda and submit the case for resolution based on the result of the pre-hearing conference without any need for further hearing.

SECTION 26. Continuous Hearing until Terminated; Postponement. Hearings shall be conducted on the hearing dates set by the District Committee on Decorum and Investigation or as agreed upon during a pre-hearing conference.

Where no pre-hearing conference is conducted, the parties, their counsel and witnesses, if any, shall be given a notice of at least five (5) days before the first scheduled hearing specifying the time, date and place of the said hearing and subsequent hearings. Thereafter the schedule of hearings previously set shall be strictly followed without further notice. A party shall be granted only three (3) postponements upon oral or written requests. A further postponement may only be granted upon written request and subject to the discretion of the District Committee on Decorum and Investigation.

If the respondent fails to appear during the scheduled hearings despite due notice, the investigation shall proceed ex parte and the respondent is deemed to have waived his right to be present and to submit evidence in his favor during those hearings.

SECTION 27. Preliminary Matters. At the start of the hearing, the Committee on Decorum and Investigation shall note the appearances of the parties and shall proceed with the reception of evidence for the complainant.

If the respondent appears without the aid of the counsel, he/she shall be deemed to have waived his/her right to counsel.

Before taking the testimony of a witness, the District Committee on Decorum and Investigation shall place him/her under oath and then take his/her name, address, civil status, age, and place of employment.

SECTION 28. Appearance of Parties. Any person representing any of the parties before any hearing or investigation shall manifest orally or in writing his/her appearance for either the respondent or the complainant, stating his/her full name and exact address where he/she can be served with notices and other documents. Any pleading or appearance made without complying with the above stated requirements shall not be recognized.

SECTION 29. Order of Hearing. Unless the District Committee on Decorum and Investigation directs otherwise, the order of hearing shall be as follows:

a. The complainant shall present evidence in support of the charge;

b. The respondent shall then offer evidence in support of his/her defense;

c. The complainant may then offer rebuttal evidence, and the respondent, surrebuttal evidence.

Every witness may be examined in the following order:

a. Direct examination by the proponent;

b. Cross-examination by the opponent;

c. Re-direct examination by the proponent;

d. Re-cross examination by the opponent.

A sworn statement of a witness, properly identified and affirmed by the witness before the District Committee on Decorum and Investigation shall constitute his/her direct testimony.

When the presentation of evidence has been concluded, the parties shall formally offer their evidence either orally or in writing and thereafter objections thereto may also be made either orally or in writing. Thereafter, both parties may be given time to submit their respective memorandum which in no case shall be beyond five (5) days after the termination of the investigation. Failure to submit the memorandum within the given period shall be considered a waiver thereof.

SECTION 30. Objections. All objections raised during the hearing shall be resolved by the District Committee on Decorum and Investigation. However, objections that cannot be ruled upon by the Committee shall be noted with the information that the same shall be included in the memorandum of the concerned party to be ruled upon by the Orani Water District Head.

The District Committee on Decorum and Investigation shall accept all evidence deemed material and relevant to the case. In case of doubt, the Committee on Decorum and Investigation shall allow the admission of evidence subject to objection interposed against its admission.

SECTION 31. Markings. All documentary evidence or exhibits shall be properly marked by letters (A,B,C, etc.) if presented by the complainant and by numbers (1,2,3, etc) if presented by the respondent. These shall form part of the complete records of the case.

SECTION 32. Request for Subpoena. If a party desires the attendance of a witness or the production of documents or things, he/she shall make a request for the issuance of the necessary subpoena, at least three (3) days before the scheduled hearing.

SECTION 33. Issuance of Subpoena. The District Committee on Decorum and Investigation may issue subpoena ad testificandum to compel the attendance of witnesses and subpoena ducestecum for the production of documents or objects.

SECTION 34. Records of Proceedings. The proceedings of the formal investigation must be recorded either through shorthand or stenotype or by other method.

SECTION 35. Effect of the Pendency of an Administrative Case. The pendency of any administrative case shall not disqualify the respondent for promotion or from claiming maternity/ paternity benefits. For this purpose, an administrative case shall be construed as pending when the Head of the District has issued a formal charge.

SECTION 36. Formal Investigation Report. Within fifteen (15) days after the conclusion of the formal investigation, a report containing a narration of material facts established during the investigation, the findings and the evidence supporting said findings, as well as the recommendations, shall be submitted by the Committee on Decorum and Investigation to the Orani Water District Head. The complete records of the case shall be attached to the report of investigation.

The complete records shall be systematically and chronologically arranged, paged and securely bound to prevent loss. A table of contents shall be prepared. Whoever is in-charge of the transmittal of the complete records shall be held responsible for any loss or suspension of pages thereof.

SECTION 37. When Case is Decided. The Orani Water District Head shall render his decision on the case within thirty (30) days from receipt of the report of investigation.

SECTION 38. Finality of Decisions. A decision rendered by the District Head where a penalty of suspension for not more than thirty (30) days or a fine in an amount not exceeding thirty (30) days salary imposed, shall be final and executory. However, if the penalty imposed is suspension exceeding thirty (30) days or a fine exceeding thirty (30) days salary, the same shall be final and executory after the lapse of the reglementary period for filing a motion for reconsideration or an appeal and no such pleading has been filed.

RULE IX. REMEDIES AFTER A DECISION

SECTION 39. Filing of Motion for Reconsideration. The party adversely affected by the decision may file a motion for reconsideration with the District Head who rendered the decision within fifteen (15) days from receipt thereof.

SECTION 40. When Deemed Filed. A motion for reconsideration shall be deemed filed on the date stamped on the official copy by the proper receiving authority, and in case it was sent by mail, on the date shown by the post mark on the envelop which shall be attached to the records of the case.

SECTION 41. Grounds for Motion for Reconsideration. The motion for reconsideration shall be based on any of the following:

a. New evidence has been discovered which materially affects the decision rendered; or

b. The decision is not supported by the evidence on record; or

c. Errors of law or irregularities have been committed prejudicial to the interest of movant.

SECTION 42. Limitation. Only one motion for reconsideration shall be entertained.

SECTION 43. Effect of Filing. The filing of a motion for reconsideration within the reglementary period of fifteen (15) days shall stay the execution of the decision sought to be reconsidered.

SECTION 44. Filing of Appeals. Decision of the Orani Water District Head imposing a penalty exceeding thirty (30) days suspension of fine in an amount exceeding thirty (30) days salary, may be appealed to the Commission proper within a period of fifteen (15) days from receipt thereof.

In case the decision rendered by the District Head is appealable to the Commission, the same may be initially appealed to the District Head and finally to the Commission proper. Pending appeal, the same shall be executory except where the penalty is removal, in which case same shall be executory only after confirmation by the Secretary concerned.

A notice of appeal including the appeal memorandum shall be filed with the appellate authority, copy furnished the District Head. The latter shall submit the records of the case, which shall be systematically and chronologically arranged, paged and securely bound to prevent loss with its comment, within fifteen (15) days, to the appellate authority.

SECTION 45. When Deemed Filed. An appeal sent by mail shall be deemed filed on the date shown by the postmark on the envelope which shall be attached to the records of the case and in case of personal delivery, the date stamped thereon by the proper office.

SECTION 46. Appeal Fee. The appellant shall pay an appeal fee of Three Hundred Pesos (P300.00) and a copy of receipt shall be attached to the appeal.

SECTION 47. Perfection of an Appeal. To perfect an appeal, the appellant shall within fifteen (15) days from receipt of the decision submit the following:

a. Notice of appeal which shall specifically state the date of the decision appealed from and the date of receipt thereof;

b. Three (3) copies of appeal memorandum containing the grounds relied upon for the appeal, together with the certified true copy of the decision, resolution or order appealed from, and certified copies of the documents or evidence;

c. Proof of service of a copy of the appeal memorandum to the District Head;

d. Proof of payment of the appeal fee; and

e. A statement or certification of a non-forum-shopping.

Failure to comply with any of the above requirements within the reglementary period shall be construed as failure to perfect an appeal and shall cause its dismissal.

SECTION 48. Effect of Filing. An appeal shall not stop the decision from being executory, and in case the penalty is suspension or removal, the respondent shall be considered as having been under preventive suspension during the pendency of the appeal, in the event he wins the appeal.

SECTION 49. When Case is Remanded for Violation of Respondent’s Right to Due Process. If the case on appeal with the Commission Proper is remanded to the District Head for further investigation, the said disciplining authority through the District Committee on Decorum and Investigation shall finish the investigation within three (3) calendar months from the date of receipt of the records from the Commission, unless the investigation is delayed due to the fault, negligence or petition of the person complained of, or an extension is granted by the Commission Proper in meritorious cases. The period of delay shall not be included in the computation of the prescribed period.

Within fifteen (15) days from the submission of the investigation report to the District Head, the latter shall render its decision. If, at the end of the said period, the District Head failed to decide on the case, the Commission proper shall vacate and set aside the appealed decision and declare the person complained of exonerated of the charge. If the person complained of is under preventive suspension, he shall be immediately re-instated.

The Civil Service Regional Office or the Office of the Legal Affairs of the Civil Service Commission shall evaluate requests for the extension of formal investigations and grant the same on meritorious grounds. In disposing the requests, said office shall be guided by the principles of justice and fair play, provided, that the extension shall not be more than twenty (20) days.

For this purpose, the Regional Director shall monitor the implementation of the CSC Resolution remanding the case to the District Head for further investigation and submit a report to the Commission Proper.

SECTION 50. Petition for Review. A complainant may elevate the decision of the Orani Water District Head dismissing a complaint for lack of prima facie case before the Commission Proper through a petition for review within fifteen (15) days from the receipt of said decision.

SECTION 51. Petition for Review with the Court of Appeals. A party may elevate a decision of the Commission before the Court of Appeals by way of petition for review under Rule 43 of the 1997 Revised Rules of Court.

SECTION 52. Petition for Certiorari. When the Orani Water District Head has acted without or in excess of jurisdiction or with grave abuse of discretion amounting to lack or excess of jurisdiction and there is no appeal, nor any plain, speedy and adequate remedy in the ordinary course of law, a person aggrieved thereby may file a verified petition for certiorari in the proper court under Rule 65 of the Rules of Court.

RULE X. CLASSIFICATION OF ACTS OF SEXUAL HARASSMENT

SECTION 53. Sexual harassment is classified as grave, less grave and light offenses.

a. Grave Offenses shall include but are not limited to:

1. Unwanted touching of private parts of the body (genitalia, buttocks, breast);

2. Sexual assault;

3. Malicious touching;

4. Requesting for sexual favor in exchange for employment, promotion, local or foreign travels, favorable working conditions or assignments, the granting of scholarship or the grant of benefits; and

5. Other analogous cases.

b. Less Grave Offenses shall include but are not limited to:

1. Unwanted touching or brushing against a victim’s body;

2. Pinching not falling under grave offenses;

3. Derogatory or degrading remarks or innuendoes directed toward the members of one’s sex or one’s sexual orientation or used to describe person;

4. Verbal abuse or threats with sexual overtones; and

5. Other analogous cases.

c. The following shall be considered Light Offenses:
1. Surreptitiously looking or stealing a look at a person’s private part or worn undergarments;

2. Telling sexist/ smutty jokes or sending these through text, electronic mail or other similar means, causing embarrassment or offense and carried out after the offender has been advised that they are offensive or embarrassing or, even without such advise, when they are by their nature clearly embarrassing, offensive or vulgar;

3. Malicious leering or ogling;

4. The display of sexually offensive pictures, materials or graffiti;

5. Unwelcome inquiries or comments about a person’s sex life;

6. Unwelcome sexual flirtation; advances, propositions;

7. Making offensive hand or body gestures at an employee;

8. Persistent unwanted attention with sexual overtones;

9. Unwelcome phone calls with sexual overtones causing discomfort, embarrassment, offense or insult to the receiver; and

10. Other analogous cases.

RULE XI. ADMINISTRATIVE LIABILITIES

SECTION 54. The Head of Office who fails to act within fifteen (15) days from receipt of any complaint for sexual harassment properly filed against any employee in that office shall be charged with neglect of duty.

SECTION 55. 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 56. Penalties for light, less grave and grave offenses are as follows:

a. For light offenses:

1st offense- Reprimand

2nd offense- Fine or suspension not exceeding thirty (30) days

3rd offense- Dismissal

b. For less grave offenses:

1st offense- Fine or suspension not less than thirty (30) days and not exceeding six (6) months

2nd offense- Dismissal

c. For grave offenses:

1st offense- Dismissal

SECTION 57. If the respondent is found guilty of two or more charges or counts, the penalty to be imposed should be that corresponding to the most serious charge or count and the rest shall be considered as aggravating circumstances.

RULE XII. DUTY OF THE ORANI WATER DISTRICT

SECTION 58. The Orani Water District shall promulgate or modify its own rules and regulations in conformity with these Rules, in consultation with their employees, within six (6) months from the effectivity of this Resolution.

SECTION 59. The Orani Water District shall submit an authenticated copy of its rules and regulations on sexual harassment to the Commission for approval within one (1) month from the date of their promulgation. It shall likewise submit to the Commission a list of the members of its Committee on Decorum and Investigation immediately after its composition.

SECTION 60. The Orani Water District shall develop an education and training program for its officers and employees and the members of its Committee on Decorum and Investigation to increase understanding about sexual harassment, prevents it occurrence, and ensure proper investigation, prosecution of sexual harassment cases.

SECTION 61. The Head of Office who after six (6) months from the effectivity of this Resolution, fails to cause the promulgation or modification of the Orani Water District rules and regulations on sexual harassment in conformity with these rules, shall be charged with neglect of duty.

RULE XIII. CASES DURING THE INTERVENING PERIOD

SECTION 62. During the period when the Orani Water District is still in the process of promulgating or modifying its own rules and regulations on sexual harassment, a complaint alleging acts constituting sexual harassment shall be administratively prosecuted, resolved and adjudicated based on these Rules.

RULE XIV. FORUM SHOPPING

SECTION 63. Under the same set of ultimate facts, the filing of a complaint based on the Orani Water District’s rules and regulations on sexual harassment shall preclude the filing of another administrative complaint under any other law.

RULE XV. REPEALING CLAUSE

SECTION 64. Rules and regulations and other issuances or parts thereof inconsistent with the provisions of CSC Resolution No. 01-0940 (Administrative Disciplinary Rules on Sexual Harassment Cases) are hereby repealed or modified accordingly.

RULE XVI. EFFECTIVITY CLAUSE

SECTION 65. These rules shall take effect fifteen (15) days upon approval by the Civil Service Commission Regional Office concerned.


BENIGNO P. ANDRES, CESE
General Manager

APPROVED BY:

ATTY. KARIN LITZ P. ZERNA
CSC Regional Director

ADMINISTRATIVE RESPONSIBILITY:

The Committee on Decorum and Investigation (CODI) of the District is the primary responsible for the effective execution of the procedures of the Administrative Disciplinary Rules on Sexual Harassment Cases.

PERIODIC REVIEW PROGRAM AND EVALUATION:

The Internal Control Assistant B is tasked to perform a periodic review and validation program to determine the degree of compliance as well as report on other aspects of the established policies and procedures in the execution of the Administrative Disciplinary Rules on Sexual Harassment Cases. A copy of the report shall be provided to the General Manager and the Committee on Decorum and Investigation (CODI) of the District, for final evaluation and appropriate action.

Recommending Approval:


BENIGNO P. ANDRES, CESE
General Manager

Approved by:

BOARD OF DIRECTORS

PAGASA E. PASCUAL            REYNALDO T. IBE
       Vice- Chairman                        Secretary

DOROTHY M. GALICIA          TERESA S. SANTOS
              Member                                Member

                    EDMUND L. CASTAÑEDA, DVM
                                   Chairman