According to the Law: Sexual Harassment in School

 

 

Find out what your legal options are in case you suspect your child has been a victim of sexual harassment.

By Atty. Cecilia L. Real

http://t.co/jQtzqur 

Q: “I have enrolled my daughter in a school near our house, and just recently she found out that one male teacher whom she despised last year for making lewd comments about her figure will again be her teacher this coming schoolyear.  As a result, she does not want to go to that school anymore, which is the only one near our place.  Can I file a case of sexual harassment against this male teacher so that he will be terminated from employment?” – Fuming Mad mother

A: The law on sexual harassment has defined the structure and procedure to abate, prevent or hear cases of sexual harassment at work, education and training environment.

Section 3 (b) of RA 7877 specifically provides:

(b) In an education or training environment, sexual harassment is committed: (1) Against one who is under the care, custody or supervision of the offender;

(2) Against one whose education, training, apprenticeship or tutorship is entrusted to the offender;

(3) When the sexual favor is made a condition to the giving of a passing grade, or the granting of honors and scholarship, or the payment of a stipend, allowance or other benefits, privileges, or consideration; or

(4) When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice…
Lewd comments do not necessarily translate to sexual harassment. However, where these lewd comments create an intimidating, hostile or offensive environment as cited in (4) above, then such act may be complained of as sexual harassment by the aggrieved student.

In response to your query, it would be very apt for you to talk to the school head and inquire about their compliance to RA 7877. School institutions are required to conduct an information drive on the provisions of RA 7877, appoint a Grievance Committee to address issues and cases on sexual harassment, and appropriate disciplinary measures and penalties to correct violations.

If everything is in place in the School as required by the law, then you have no cause to worry and you can explain this to your daughter. If the School is non-compliant to the requirements of RA 7877, then perhaps you could influence the school head to set up one. Otherwise, any violation by any of the teachers would be a solidarity liability of the School as well.

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