DRAFT CODI Composition and Its Roles and Responsibilities
Education or training-related sexual harassment is committed against one who is under the actual or constructive care, custody or supervision of the offender, or against one whose education, training, apprenticeship, internship or tutorship is directly or constructively entrusted to or is provided by, the offender, when:
- submission to or rejection of the act or series of acts as a basis for any decision affecting the complainant, including, but not limited to, the giving of a grade, the granting of honors or a scholarship, the payment of a stipend or allowance, or the giving of any benefit, privilege or consideration.
- the act or series of acts have the purpose or effect of interfering with the performance. or creating an intimidating, hostile or offensive academic environment of the complainant; or
- the act or series of acts might reasonably expected to cause discrimination, insecurity, discomfort, offense or humiliation to a complainant who may be a trainee, apprentice, intern, tutee or ward of the person complained of.
The Committee on Decorum and Investigation (CODI) of TESDA's Technical Vocational Institution (TVI) in Region ____ shall be composed of the following:
Chairperson - Head of TVI
Vice-Chairperson - Head, Legal Department or Legal Unit
- Member - Representative, Administration
- Member - Representative, Trainers
- Member - Representative, Trainees/Student Council
The Committee Officials and Members shall serve for a term of two (2) years from the date of their appointment as embodied in the CSC Resolution No. 01-0940.
Any member of the Committee who complains of or is complained against sexual harassment shall inhibit himself/herself from the deliberations of the Committee.
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, the CODI shall proceed with the investigation regardless of the withdrawal of complaint at any stage of the investigation
Roles and Responsibilities
The Disciplining Authority/Head of Agency shall:
- Inform officials and employees regarding the Policies and Rules of Procedures on Sexual Harassment including their rights and responsibilities available under provisions of the above mentioned policy issuances.
- Investigate every formal written complaint of sexual harassment by transmitting the grievance to the Committee on Decorum and Investigation (CODI), and impose strict disciplinary measures when a complaint of employment-related sexual harassment is found to have been substantiated, regardless of the position and status of the offender.
- Act all in its power to provide support and assistance to employees of the agency and applicants who are subjected to sexual harassment, whether one or both parties involved are employed within the same agency.
- Render decision on the case within thirty (30) days from receipt of the Report on Investigation.
The Officials and Members of the CODI shall:
- Receive complaints of sexual harassment experienced in the workplace.
- Adopt mechanisms to provide assistance to an alleged victim of sexual harassment which may include counselling, referral to an agency offering professional help and advice on options available before the filing of the complaint.
- Investigate and hear sexual harassment complaints in accordance with the prescribed procedures of CSC Resolution No. 01-0940.
- Ensure that no complaint shall be subjected to further harassment or retaliation by the person slleged to have committed acts of sexual harassment.
- Strictly maintain confidentiality in all stages of the proceedings to protect the interest of the complainant, the person complained against and any other person who may report cases of sexual harassment.
- Maintain records including documentary evidence, sworn statements covering testimonies of witnesses, if any, in support of the complainant and/or respondent's case and other corresponding documents.
- Prepare and submit a report of its findings with corresponding recommendations to the Disciplining Authority (Head of Agency) for decision, and
- Guarantee the execution of penalty to any person who is found guilty of sexual harassment corresponding to the gravity and seriousness of the offense.
This order takes effect as indicated and shall automatically supersede previous issuances that are inconsistent hereof.