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OMNIBUS CODE ON GENDER AND DEVELOPMENT

Pursuant to its powers vested by law, the Bulacan Agricultural State College (BASC) Board of Trustees (BOT), in compliance with the provisions of Republic Act (RA) No. 7877, otherwise known as the “Anti-Sexual Harassment Act of 1995,” RA No. 11313, otherwise known as the “Safe Spaces Act,” its Implementing Rules and Regulations (IRR), Commission on Higher Education (CHED) Memorandum Order (MO) No. 03, s. 2022, otherwise known as the “Guidelines on Gender-Based Sexual Harassment in Higher Education Institutions,” Civil Service Commission (CSC) Memorandum Circular No. 11, s. 2021, and other relevant laws and issuances, we hereby promulgate this Omnibus Code on Gender and Development.

TITLE I

CODE OF CONDUCT ON GENDER-BASED SEXUAL HARASSMENT IN EDUCATIONAL INSTITUTION

Section 1. Declaration of Policies. –

1.1. BASC values the dignity and human rights of all members of the BASC Community. As such, BASC undertakes to prevent and eliminate gender-based sexual harassment (GBSH) within its jurisdiction

1.2. BASC champions equality and equity, such that every person, regardless of sex, gender, sexual orientation or identification, social, economic, and civil status, age, religion, ethnicity, or political affiliation must be treated with fairness and respect, and must have the right to study or work in an environment free from discrimination, harassment, and abuse.

1.3. BASC adopts a zero-tolerance policy on sexual harassment and retaliation. Accordingly, BASC declares that any and all forms of gender-based sexual harassment are unacceptable. Every client, guest or visitor, personnel of partner institution or third-party service providers, student, teaching or non-teaching personnel, other BASC workers, or BASC official shall be ensured protection against any act of gender-based sexual harassment and such offense shall be dealt with in accordance with laws and jurisprudence.

Section 2. Coverage. – This Omnibus Code shall apply to all members and campuses of the BASC Community, in so far as relevant to their circumstance:

a. BASC Community – refers to guests, visitors, clients, third-party service providers, personnel of partner institutions, students, teaching personnel, non-teaching personnel, other BASC workers, and officials of BASC, whether in the Main Campus or within other BASC campuses;

b. Client – refers to any individual who transacts with or avails of the services of BASC, without falling under the other definitions herein;

c. Guest or visitor – refers to any individual, invited or otherwise, who visits BASC to meet another or to see any of the BASC premises;

d. Non-teaching personnel – refers to a BASC employee, whether permanent or temporary with plantilla item, that is not included in the teaching staff;

e. Official – refers to any member of the BASC Administrative Council;

f. Other BASC campuses – refer to College of Agriculture, BASC-Doña Remedios Trinidad (DRT) Campus, BASC-Balagtas Technical-Vocational College (BTVC), BASC-Fortunato F. Halili National Agricultural School (FFHNAS), and such other campuses that may be created by law or absorbed by BASC;

g. Other BASC workers – refer to any individual who renders service to BASC under a contract of service or job order, and performs non-teaching or teaching responsibilities;

h. Personnel of partner institutions – refers to any individual assigned by a partner institution to BASC in order to discharge its obligations under a valid and existing agreement;

i. Personnel of Third-party service provider – refers to any individual placed at BASC by the thirdparty service provider or through any other contractual arrangement, including, but not limited to security guard or janitorial and maintenance services;

j. Student – refers to any individual enrolled full-time or part-time in regular or short-term courses, or special trainings offered by BASC, including those on official leave of absence; and those who have not yet transferred, graduated, dismissed, whether honorable or otherwise, expelled, or those who have not yet exceeded the allowable maximum period of residency; and

k. Teaching personnel – refers to any BASC teaching staff, whether permanent or temporary with plantilla item, and regardless of academic rank.

Section 3. Definitions. – As used in this Code of Conduct, the following terms or phrases shall refer to as indicated below:

a. Catcalling – refers to unwanted remarks directed towards a person, commonly done in the form of wolf-whistling and misogynistic, transphobic, homophobic, and sexist slurs;1

b. CODI – refers to the Committee on Decorum and Investigation;

c. Complainant – refers to the party/ies who filed a complaint for sexual harassment;

d. Cyberstalking – refers to the form of stalking that is committed through an electronic medium in which online communication takes place;2

e. Days – refer to calendar days, unless otherwise indicated;

f. Gender-based sexual harassment (GBSH) – refers to an act, or series of acts, involving any unwelcome sexual advances, requests or demand for sexual favors, or other verbal or physical behaviors of a sexual nature, committed by an individual;3

g. Gender-based online sexual harassment (GBOSH)– refers to an online conduct targeted at a particular person that causes or likely to cause another, mental, emotional, or psychological distress, and fear of personal safety; online sexual harassment acts include unwanted sexual remarks and comments, threats, uploading or sharing of one’s photos, videos, or audio recordings, without consent, cyber stalking, and online identity theft;4

h. Gender identity and/or expression – refers to the personal sense of identity as characterized, among others, by manner of clothing, inclinations, and behavior in relation to masculine or feminine conventions. A person may have a male or female identity with physiological characteristics of the opposite sex, or may have an identity that does not correspond to one’s sex assigned at birth or to one’s primary or secondary sex characteristics, in which case, this individual is considered as transgender;5

i. Higher Education Institutions (HEIs) – refers to educational institutions, private or public, established in accordance with law and offering CHED-recognized higher education programs;6

j. Homophobic remarks or slurs – refer to any statements in whatever form or however delivered, which are indicative of fear, hatred or aversion towards persons who are perceived to be or actually identify as lesbian, gay, bisexual, transgender, queer, pansexual and such other persons of diverse sexual orientation, gender identity or expression, or towards any person perceived to or actually have experienced same-sex attraction;7

k. Misogynistic remarks or slurs – refer to any statement in whatever form or however delivered, that are indicative of the feeling of hating women or the belief that men are inherently better than women;8

l. Preventive suspension – refers to a measure of precaution so that the respondent may be removed from the scene of the alleged misfeasance, malfeasance, or nonfeasance while the case is being investigated;9

m. Prima facie case – refers to the evidence which, if unexplained or uncontradicted, is sufficient to sustain a judgment in favor of the issue it supports, but which may be contradicted by other evidence;10

n. Public space – refers to streets and alleys, public parks, schools, buildings, malls, bars, restaurants, transportation terminals, public markets, spaces used as evacuation centers, government offices, public utility vehicles, as well as private vehicles covered by app-based transport network services and other recreational spaces, such as, but not limited to cinema halls, theaters, and spas;11

o. Respondent – refers to any member of the BASC Community against whom a complaint for sexual harassment is filed;

p. Safe space – refers to a place or an environment, whether on the streets and public spaces or online space, in which a person or category of people can feel confident that they will not be exposed to discrimination, criticism, harassment, or any other emotional or physical harm;12

q. Sexist remarks or slurs – refer to statements in whatever form or however delivered, that are indicative of prejudice, stereotyping, or discrimination on the basis of sex, typically against women;13 r. Stalking – refers to conduct directed at a person involving the repeated visual or physical proximity, non-consensual communication, or a combination thereof, that cause or will likely cause a person to fear for one’s own safety or the safety of others, or to suffer emotional distress;14 and

s. Transphobic remarks or slurs – refer to any statement in whatever form or however delivered, that are indicative of fear, hatred, or aversion towards persons whose gender identity and/or expression do not conform with their sex assigned at birth.15

Section 4. Obligations of BASC Officials. –

4.1. Prevent and deter the occurrence of sexual harassment cases and ensure that immediate response and necessary action be taken on every complaint filed. 16

4.2. Disseminate or post copies of RA No. 7877, RA No. 11313, CHED MO No. 03, s. 2022, CSC MC No. 11, s. 2021, and this Omnibus Code in conspicuous places in the workplace.17 The information dissemination may be done through:

a. Official notices, advisories, or memorandum;

b. Posting of copies in the official website of BASC and social media platforms;

c. Posting of copies in the bulletin boards of appropriate BASC offices; and d. Providing printed or electronic copies to all members of BASC community.

4.3. Provide measures to prevent sexual harassment, i.e., conduct of anti-sexual harassment seminars, gender sensitivity, orientations on gender-based violence, or other relevant topics, 18 inclusion of this Omnibus Code in the student handbook, and training of student leaders, teaching and non-teaching personnel, security officers, and other qualified members of BASC Community.19

4.4. Create a Committee on Decorum and Investigation (CODI) which shall be responsible for the investigation and address complaints of sexual harassment. 20

4.5. Ensure that officials and staff of the Gender and Development (GAD) Office, Office of Student Affairs (OSAS), Human Resource Management Office (HRMO), and other relevant BASC personnel are capacitated in handling efficient and professional handling of sexual harassment cases or other related sexual offenses. Such capacity building shall be institutionalized.21

4.6. Endeavor to raise consciousness of the BASC Community on GBSH through integration of GBSH elimination efforts in (i) curriculum development and pedagogy; (ii) research; and (iii) extension.

4.7. The GAD Office of BASC shall spearhead the consultations with the stakeholders, i.e., students, teaching and non-teaching personnel, relative to the development and dissemination a code of conduct on sexual harassment which defines GBSH, its coverage, forms, classifications, appropriate penalties, when and where committed, persons liable, and rules of procedure on filing, handling, and resolving the same.

4.8. The Office of the Legal Officer shall assist in the development and/or review of a Code of Conduct in line with relative laws, issuances, and jurisprudence.

4.9. The HRMO shall meticulously conduct background investigations on applicants, whether for teaching or non-teaching positions, to ensure that those who have been found guilty of sexual harassment, regardless of penalty, shall not be hired.

4.10. All BASC Officials shall ensure that BASC is compliant with the provisions of all laws governing Violence Against Women and their Children and endeavor to carry out advocacy campaigns to include support to victims and alleged offenders.

4.11. Inform all BASC personnel under their supervision of the policies against GBSH as provided in Section 1 hereof and their rights and responsibilities under this Omnibus Code.

4.12. Attend the mandatory orientations relative to GBSH and require the BASC personnel under their supervision to attend the same.

4.13. Provide support and assistance to GBSH victims and protect them against any retaliation.

4.14. Promote harmonious and professional working relationship within BASC and its campuses.

4.15. Act as role models and maintain a high standard of conduct.

Section 5. Obligation to report and document. –

5.1. The victims of GBSH may report the acts committed against them to any member of Campus or Institute Student Council or Federation of Supreme Student Council, GAD personnel, trusted teaching or non-teaching personnel, or BASC official.

5.2. All persons under the preceding section shall immediately report the same to the SUC President and CHED Regional Office III pursuant to CHED MO No. 01, s. 2015 and other relevant issuances as may be promulgated.

5.3. All witnesses to GBSH shall document such acts and report the same to individuals identified in Section 5.1 hereof. 5.4. The reports shall be accompanied by supporting evidence, if available.

Section 6. How GBSH is committed. – GBSH may be committed as follows:

6.1. In BASC as an education and training institution and workplace, when any unwelcome act or series of acts of sexual nature is employed in the following:

a. As basis for any employment decision, including but not limited to, hiring, promotion, raise in salary. Job security, benefits and any other personnel action affecting the victim;

b. As requirement for a grade rating, the granting of honors or a scholarship, the payment of stipend or allowance, or the giving of any benefit, privilege, or consideration to the complainant;

c. As interference with the complainant’s performance, which creates an intimidating, hostile, or offensive work or academic environment; or

d. As instrument that might reasonably be expected to cause discrimination, insecurity, discomfort, offense, or humiliation to the victim.

6.2. In BASC as a public space, when any unwelcome act or series of acts of sexual nature constitutive of street-level and public-spaces sexual harassment are committed, such as but not limited to the following:

a. Cat-calling or wolf-whistling;

b. Unwanted invitations;

c. Misogynistic, transphobic, homophobic, and sexist slurs;

d. Persistent uninvited comments or gestures on a person’s appearance;

e. Statements, comments, and suggestions with sexual innuendos;

f. Persistent telling of sexual jokes or use of sexual names;

g. Public masturbation or flashing of private parts;

h. Groping or any advances, whether verbal or physical, that are unwanted and threaten one’s sense of personal space and physical safety; or

i. Stalking

6.3. In the digital world, GBOSH includes:

a. Acts of sexual nature that use information and communications technology in terrorizing and intimidating victims through physical, psychological, and/or emotional threats;

b. Unwanted sexual misogynistic, transphobic, homophobic, and sexist remarks and/or comments online, whether publicly or through direct and private messages;

c. Invasion of victim’s privacy through cyberstalking and/or incessant messaging;

d. Uploading and/or sharing without the consent of the victim any form of media that contains photos, audio, or video with sexual content;

e. Any unauthorized recording and/or sharing of any of the victim’s photos, videos, or any information online;

f. Impersonating identities of victims online or posting lies about victims to harm their reputation; or

g. Filing of false abuse reports to online platforms to silence victims.

Section 7. Classification of GBSH acts. –

7.1. GBSH in BASC as education and training institution and workplace.

a. Grave offenses –

i. Unwanted touching of private body parts (inner thighs, genitalia, buttocks, and breast);

ii. Rape or sexual assault;

iii. Malicious touching;

iv. Requesting for sexual favor in exchange for employment, promotion, local or foreign travels, favorable working conditions or assignments, a passing grade or rating, granting of honors or scholarship, or the grant of benefits or payment of a stipend or allowance; or

v. Other analogous cases.

b. Less grave offenses –

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

ii. Pinching not falling under grave offenses;

iii. Derogatory or degrading remarks or innuendoes directed toward the members of one sex, one's sexual orientation, or used to describe a person;

iv. Verbal abuse with sexual overtones; or v. Other analogous cases.

c. Light offenses –

i. Surreptitiously looking at a person's private body part or worn undergarments;

ii. Making sexist statements and uttering smutty jokes or sending these through text, electronic mail, including, but not limited to social media platform, causing embarrassment or offense and carried out after the offender has been advised that they are offensive or embarrassing or, even without such advice, when they are by their nature clearly embarrassing, offensive, or vulgar;

iii. Malicious leering or ogling;

iv. Display of sexually offensive pictures, materials, or graffiti;

v. Unwelcome inquiries or comments about a person's sex life;

vi. Unwelcome sexual flirtation, advances, or propositions;

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

viii. Persistent unwanted attention with sexual overtones;

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

x. Other analogous cases.

7.2. GBSH in BASC as public space.

a. Grave offense –

i. Public masturbation or flashing of private parts;

ii. Groping;

iii. Any advances, whether verbal or physical, that is unwanted and has threatened one’s sense of personal space and physical safety;

iv. Other analogous cases.

b. Less grave offense –

i. Unwanted invitations;

ii. Misogynistic, transphobic, and sexist slurs;

iii. Persistent uninvited comments or gestures on a person’s appearances;

iv. Relentless request for personal details;

v. Making statements, comments, and suggestions with sexual innuendos; or

vi. Other analogous cases.

c. Light offense –

i. Catcalling;

ii. Wolf-whistling; or

iii. Other analogous cases.

7.3. GBOSH in BASC.

a. Grave GBOSH –

i. Uploading and sharing without the consent of the victim, any form of media that contains photos, voice, or video with sexual content;

ii. Any unauthorized recording and sharing online of any of the victim’s photos, videos, or any information of sexual content;

iii. Impersonating identities of victims online or posting lies of sexual nature about the victims to harm their reputation;

iv. Filing false abuse reports to online platforms to silence victims of sexual harassment;

v. Stalking; or vi. Other analogous cases.

b. Less grave GBOSH –

i. Incessant messaging;

ii. Making statements, comments, and suggestions with sexual innuendos;

iii. Use of information and communication technology in terrorizing and intimidating victims through physical, psychological, and emotional threats with sexual overtones; or

iv. Other analogous cases

c. Light GBOSH –

i. Unwanted sexual misogynistic, transphobic, homophobic and sexist remarks and comments online whether publicly or through direct and private messages;

ii. Invasion of victim’s privacy through cyberstalking and incessant messaging with sexual overtones; or

iii. Other analogous cases.

Section 8. Places where GBSH is committed. – GBSH may be committed in the following:

a. Within the territory of BASC under Presidential Proclamation (PP) No. 163, s. 1955 and PP No. 114, s. 1963, or any other issuances that may hereafter be issued in favor of BASC;

b. Within any BASC Main Campus and other BASC campuses;

c. In any place where the parties were found as a result of education or training responsibilities;

d. At any education or training-related social function;

e. While on official business outside BASC;

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

g. Within or outside the host training institutions, local or foreign, during or beyond the conduct of school-related activities so long as the victim or alleged offender in the GBSH case is under BASC supervision, instruction, or custody;

h. In public spaces and/or online platforms which are used by the BASC Community for school related activities;

i. Within any of the above areas where GBSH is committed by a BASC official, teaching or nonteaching personnel, other BASC workers, or students, even the if the activity is not school related and/or sanctioned by the institution; or

j. By telephone, cellular phone, fax machine, electronic mail, or social media

Section 9. Persons liable for sexual harassment. –

9.1. GBSH may be committed by the following:

a. Persons of the same or opposite sex who have authority, influence, or moral ascendancy over the victim in any aspect of academic or administrative work, such as an officer, teaching or non-teaching personnel, other BASC worker, coach, or trainer;

b. Persons in a peer relationship with the victim;

c. Students or interns, teaching or non-teaching personnel, other BASC workers, officers, or administrators committing acts that constitute sexual harassment against teaching or nonteaching personnel, other BASC workers, officers, or administrators, third-party service providers, or visitors of BASC;

d. Third-party service providers engaged by BASC such as sanitation, security, and maintenance personnel;

e. Personnel of other partner institutions which BASC have contracted to undertake school related activities; or

f. Visitors or third-parties who are within the premises or around the vicinity of BASC.

9.2. Any of the above persons shall be liable for GBSH when they:

a. Directly participate in the execution of any GBSH;

b. Induce or direct another or others to commit GBSH;

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

d. Cooperate in the commission of GBSH by another through previous or simultaneous acts;

e. Benefit from the commission of any act of GBSH; and

f. Restrain or coerce the victim from filing the appropriate complaint.

Section 10. Support mechanism for the victims of GBSH. –

10.1. The GAD Office, in cooperation with OSAS, for students, or HRMO, for teaching or non-teaching personnel, shall lead the adoption of support mechanisms in providing assistance to GBSH victims.

10.2. The support services may include, but not limited to the following:

a. Psychosocial counselling;

b. Referral to an agency offering professional help;

c. Support from the BASC GAD Focal Point System;

d. Coordination with women’s organization and advocacy groups;

e. Transfer to another class, office, or partner institution, if needed; and

f. Available legal support such as assistance in filing of complaint, whether administrative, criminal, or civil.

TITLE II

RULES OF PROCEDURE ON GBSH CASES

Section 11. Committee on Decorum and Investigation (CODI). –

11.1. The BASC President shall appoint responsible officials and personnel to the CODI which shall serve as an independent internal mechanism to address and investigate complaints of sexual harassment for BASC Main Campus, College of Agriculture, and other BASC campuses.

11.2. The CODI shall be composed of one principal and one alternate from each sector:

a. School administration or management;

b. Teaching personnel, duly selected by the sector;

c. Student leaders, duly selected by the sector;

d. Employee from the supervisory rank;

e. Employee from the rank-and-file;

f. GAD Focal Point System; and

g. BASC Faculty and Employees Association.

11.3. The CODI shall be headed by a woman and membership may be equally divided between men, women, and persons of diverse sexual orientation, gender identity, or expression, provided not less than half are women.

11.4. All CODI members and their alternates shall have the following qualifications:

a. Plantilla personnel;

b. Must be of recognized probity, independence, integrity, and competence;

c. Must have no prior record of involvement as respondent or defendant in any case of GBSH, whether resolved or pending; and

d. Must not be related to the complainant or respondent within the fourth degree of consanguinity or affinity.

11.5. Presiding officer and succession by appointment.

a. The head shall preside over all CODI meetings. In cases when the head is absent, on leave, or unavailable due to official functions, her alternate shall preside over the meeting.

b. In case of resignation, retirement, separation from service, transfer, reassignment, removal, death, or disqualification of the head, her alternate shall act as the CODI head. The alternate shall serve the unexpired term as herein provided. The same principle shall apply in case the above circumstances apply to regular members.

c. In case of leave or suspension of a regular member, the alternate shall only serve for the duration of the leave or suspension.

d. In the absence of both principal and alternate, the BASC President may assign a member pro-tempore.

11.6. Disqualification or inhibition of CODI members.

a. When the complainant or the respondent is a CODI member, they shall be disqualified from being a CODI member or the complaint may be filed directly with BASC President. In case of disqualification of the principal, the alternate shall automatically replace said principal.

b. The complainant or the respondent may request a CODI member to inhibit, or the CODI member may, on their initiative, cause the inhibition based on conflict of interest, manifest partiality, or other reasonable grounds. Upon such a grant of inhibition, the alternate shall replace the member so as not to cause a delay in the proceedings.

c. In case the principal and alternate inhibit or are disqualified, the BASC President shall immediately assign a replacement, subject to herein qualifications and composition.

d. In case of non-performance or inadequate performance of functions, the CODI members may be replaced by the BASC President upon receipt of documentation that substantiates such allegations.

Section 12. Terms of service. –

12.1. The CODI members shall serve for a term of two years from date of appointment.

12.2. The BASC President may extend the term of the CODI members for a hold-over period until the designation of new set of CODI members.

Section 13. Quorum. – A majority of all the members of CODI at the time of regular meetings or investigations shall constitute a quorum. No matter shall be decided upon by CODI in the absence of a quorum.

14.1. The CODI shall meet at least once every semester, unless there is an existing GBSH for investigation or resolution. In such event, the CODI shall meet frequently as needed until full resolution of the case.

14.2. CODI meetings may be conducted through face-to-face, virtual, or hybrid sessions.

Section 14. CODI meetings. –

14.2. CODI meetings may be conducted through face-to-face, virtual, or hybrid sessions.

Section 15. Responsibilities and functions of CODI. –

a. Receive GBSH complaints through the CODI Secretariat;

b. Determine whether a prima facie case of GBSH exists before giving due course to the complaint;

c. Send notice to the respondent within 24 hours from receipt of the complaint as provided under Section 21.1 of this Omnibus Code;

d. Investigate complaints for offenses covered by this Omnibus Code;

e. Observe, at all times, due process in the conduct of investigation;

f. Investigate, decide on the case, and submit a report of its findings and recommendation to the BASC President, within ten (10) days from receipt of written complaints;

g. Ensure the protection of the victim from retaliation without causing any disadvantage, diminution of benefits or displacement, and without compromising security of tenure;

h. Guarantee gender-sensitive handling of cases and the confidentiality of identity of parties and the proceedings to the greatest extent possible; and

i. Undergo continuing training on gender-sensitivity, gender-based violence, sexual orientation, gender identity and expression, and other GAD topics, as needed.

Section 16. The CODI Secretariat. – The GAD Office shall serve as the CODI secretariat and shall have the following duties and responsibilities:

a. Provide technical support to the CODI during regular meetings and investigations;

b. Lead in the conduct of trainings or discussions about GBSH and other sexual offenses within the institution to increase the BASC community’s understanding of, and prevent incidents of, sexual harassment and other related forms of sexual offenses;

c. Conduct such other activities that would engender a safe environment for all genders, especially women, in BASC campuses and training-related programs;

d. Receive complaints and other submissions from the complainant and respondent and immediately endorse the same to the CODI;

e. Immediately convene the CODI upon receipt of a complaint complete in substance;

f. Document all actions relating to GBSH cases, whether during the pre-filing stage or formal investigation;

g. Monitor the implementation of the decisions or orders of the BASC President relative to GBSH cases;

h. Act as custodian of CODI records, such as, but not limited to notice of meeting, records of proceedings, complaints, answers, resolutions, or other documentary submissions by the parties; and i. Perform other tasks as may be assigned by the BASC President and/or CODI.

Section 17. Informal procedures during pre-filing stage. –

17.1. The informal procedures may include alternative dispute resolution (ADR) mechanisms, corrective measures, and provision of support services. The CODI Secretariat shall implement the support services provided in Section 10 hereof.

17.2. The victim and/or witnesses may immediately demand the alleged offender to stop the GBSH acts and refrain from committing any GBSH acts thereafter.

17.3. For purposes of this Omnibus Code, ADR is limited to conciliation and mediation, subject to the following conditions:

a. The complaint to be submitted to ADR is the first complaint filed against the respondent;

b. The GBSH complained of falls under light offense; and

c. The case is between peers.

Section 18. Formal procedures. –

18.1. Filing of complaint. The sworn complaint may be filed at any time with any of the following:

a. BASC President;

b. Office of the immediate supervisor of the complainant or respondent;

c. OSAS or Guidance Counsellor;

d. GAD Office;

e. Office of the Legal Officer; or

f. CODI or CODI Secretariat. Upon receipt of the complaint by any of the above offices, the same shall be immediately transmitted to the CODI.

18.2. The CSC may take cognizance of a GBSH case when the offender is the disciplining authority, a CODI member, or when there is unreasonable delay22 in complying with the periods provided herein for investigation or adjudication.

18.3. Contents of the complaint

22 For this purpose, Section 15 of the RRACCS provides that there is unreasonable delay when any of the periods set herein lapsed for a period of more than thirty (30) days without justifiable reason..

a. Full name and circumstances of the complainant, unless the complaint is anonymously filed;

b. Full name, circumstances, and position of the respondent, if known to the complainant;

c. Statement of relevant facts;

d. Evidence to support the allegation, provided that non-submission of evidence will not cause the outright dismissal of the complaint; and

e. Certification or statement of non-forum shopping.

18.4. The sworn complaint may be withdrawn at any stage of the proceedings. However, such withdrawal shall be without any prejudice for the CODI to continue its investigation and make a report of its findings and recommendation to the disciplining authority when the evidence warrants.

Section 19. Filing and service of pleadings. –

19.1. The parties shall copy furnish, with proof of service, the other party of such pleadings or any submissions filed with the CODI or any other officers in Section 18.1 of the Omnibus Code.

19.2. Any pleading or submissions shall be filed personally or sent through registered mail or private courier service.

19.3. In case of filing through registered mail or private courier service, the pleading or submission shall be deemed filed on the date stamped on the envelope or courier pack which shall be attached to the records of the case.

Section 20. Action on the Complaint. –

20.1. For complaints against a teaching or non-teaching personnel, other BASC workers, or student of BASC: Proceed with the investigation if the complaint is sufficient in form or substance. A complaint is sufficient in form and substance if all the contents under Section 18.2 hereof are present.

20.2. For complaints against personnel of third-party service providers or partner institutions or guests or visitors: Recommend the referral of the complaint to the service provider, partner institution or to the proper government authorities for proper investigation and action.

20.3. The CODI shall recommend to the BASC President to provisionally disallow the personnel of a third-party service providers or partner institutions or guests or visitors complained of from entering or transacting with BASC campuses where the complainant studies or works, while the investigation is pending with the third-party service providers or partner institutions or proper government authorities.

Section 21. Investigation of GBSH cases before the CODI. – The CODI shall at all times observe due process, investigate, and decide on the complaint within ten (10) working days or less, upon receipt thereof, subject to the following rules of procedure:

21.1. Within 24 hours from receipt of the sworn complaint, the CODI shall determine whether is a prima facie case for GBSH, if yes, CODI shall commence the investigation by notifying the respondent of the complaint filed. In case there is no prima facie case for GBSH, the CODI shall dismiss the complaint without prejudice.

21.2. The Notice shall include a directive that the respondent may submit a counter-affidavit under oath with supporting evidence within 72 hours from receipt of such notice and furnish the complainant of such.

21.3. Failure to file a counter-affidavit under oath within the prescribed period shall be deemed as not filed and a waiver to file the same.

21.4. Upon receipt of a counter-affidavit under oath with supporting evidence, the CODI shall conduct an ex-parte examination of documents submitted by both parties, including available records of the case.

21.5. The CODI within the prescribed period, or less, shall submit their investigation report and recommendation to the BASC President, for final decision.

21.6. The parties may be assisted by their respective counsels who are not connected to BASC or any of its campuses.

Section 22. Preventive Suspension. –

22.1. The CODI motu proprio, or upon motion by the complainant, may recommend to the BASC President to order the preventive suspension of the respondent during the conduct of investigation and the period of deliberation of the CODI, provided that there are reasons to believe that the respondent is probably guilty of the charges which would warrant their removal from BASC.

22.2. The suspension shall be for a non-extendible period of ninety (90) days from issuance of Order of Preventive Suspension.

22.3. The Order of Preventive Suspension is not a penalty. It is a temporary measure where the respondent is removed from the scene of misfeasance or malfeasance in order to preclude the possibility of exerting undue influence or pressure on the complainant or prosecution witnesses.

22.4. Preventive suspension precludes the respondent from attending classes or academic activities, rendering work, entering BASC premises or any of its campuses, using any BASC equipment or facilities, or participating in BASC activities.

22.5. A student under investigation may be preventively suspended from entering BASC premises and from attending classes, when the evidence of guilt is strong, and the responsible school official is morally convinced that the continued stay of the student pending investigation would cause sufficient distraction to the normal operations of BASC, or would pose real or imminent threat or danger to persons and property inside BASC premises.

22.6. For GBSH complaints under light offenses and upon the discretion of the BASC President, transfer to another class, office, or partner institution may be applied in lieu of a preventive suspension.

Section 23. Decision of the disciplining authority and its finality. –

23.1. The BASC President shall decide the case within thirty (30) days of receipt of the CODI Investigation Report and Recommendation.

23.2. A decision by the BASC President where the penalty imposed is reprimand, serious reprimand, suspension for not more than thirty (30) days, or a fine in the amount of not exceeding thirty (30) days’ salary, shall be final and executory.

23.3. A decision by the BASC President where the penalty imposed is exclusion, dismissal, suspension exceeding thirty (30) days, or a fine in the amount exceeding thirty (30) days’ salary, the same shall be final and executory after the lapse of the reglementary period for filing for a motion for reconsideration and no such pleading has been filed on time.

Section 24. Motion for Reconsideration. –

24.1. The decision under Section 23.2 of this Omnibus Code may be appealed with the BASC President through a motion for reconsideration filed within fifteen (15) days from receipt of such decision and based on violation of due process.

24.2. The decision under Section 23.3 of this Omnibus Code may be appealed with the BASC President through a motion for reconsideration filed within the same period above.

24.3. The BASC President shall act of decide on the motions for reconsideration under this section within (30) days from receipt thereof

Section 25. Appeals on the decisions on Motions for Reconsideration. –

25.1. Appeals made by teaching or non-teaching personnel and officials of BASC.

a. Subject to Section 24.1 above and Section 49 of Revised Rules on Administrative Cases in the Civil Service (RRACCS), the decision on the motion for reconsideration may be appealed to CSC within fifteen (15) days from receipt thereof.

b. Pending appeal, the decision shall be executory except when the penalty imposed is dismissal from service, in which case, the same shall be executory upon confirmation by the disciplining authority.

c. An appeal filed through registered mail or private courier is deemed filed on the date stamped on the envelope or courier pack which shall be attached to the records of the case. In case of personal filing, it is deemed filed on the date stamped by the proper office.

d. An appeal made to CSC cannot be withdrawn unless made upon motion duly approved by CSC.

e. The decision of the CSC may be appealed to the Court of Appeals under Rule 43 of the Revised Rules of Civil Procedure.

f. The rules of procedure under RRACCS or its amendments shall have suppletory effect to this Omnibus Code.

25.2. Appeals made by students of BASC. a. The Manual of Regulations for Private Higher Education (MORPHE) shall be applied suppletorily

a. The Manual of Regulations for Private Higher Education (MORPHE) shall be applied suppletorily..

Section 26. Retaliation and protective order. –

Section 27. Other violations. – Failure to comply with the provisions of this Omnibus Code shall be a ground for administrative discipline under the RRACCS for government employees; contractual provisions for private contracting parties; and Student Handbook for students.

26.1. Any form of retaliation against the victim or witnesses in a GBSH case shall be a ground for disciplinary action.

26.2. The BASC President, motu proprio, or upon recommendation by CODI or application by the complainant, may issue a protection order to further safeguard the complainant from harm, minimize disruption of his or her daily routine within BASC, and to facilitate his or her physical, emotional, or psychological recovery.

26.3. The temporary protection order shall not exceed ninety (90) days and applicable to light or less grave offense while permanent protection order may be issued in case of grave offense.

Section 28. Effect of violation of other BASC workers. – In case any other BASC workers under thirdparty agency service contract, contract of service or job order personnel, commits GBSH, the victim may file a civil or criminal case against such personnel. In the event that the respondent is found guilty of GBSH, such findings shall be a ground for termination of the contract. However, for third-party agency service contract personnel who have been found guilty of sexual harassment, HRMO shall request for a replacement from the workforce agency.

Section 29. Penalties. – The BASC President shall impose the following penalties, when based on evidence, the respondent is found guilty of committing GBSH:

29.1. Penalties for grave offenses

29.2. Penalties for less grave offenses

29.3. Penalties for light offenses

29.4. If the perpetrator committed the offense twice against the same victim, the corresponding gravest penalty shall apply.
29.5. If the penalty of expulsion or exclusion is imposed upon a student, the same shall be subject to the confirmatory authority of CHED pursuant to Section 21 of the IRR of RA No. 11313 and Section 106 of MORPHE.
29.6. If the penalty of dismissal is imposed upon a teaching or non-teaching personnel, the same shall be in accordance with appropriate CSC issuance.
29.7. The imposition of permanent ban and termination of contract shall be final and executory. The CODI, through the CODI Secretariat, shall send the Notice of Decision to the respondent and post the same within the premises of the institution.
29.8. In case of termination of contract with a partner institution, BASC shall report the same with CHED Regional Office III.
29.9. The GAD and Guidance Offices shall provide gender-sensitivity training and psychosocial counselling to minor students, at the time of commission of GBSH, who are found guilty of committing GBSH.
29.10. Accessory penalties

a. A student shall not be allowed to graduate pending the case for GBSH. BASC reserves the right to revoke the diploma if inadvertently issued while a case for GBSH is pending. b. Any fees charged for the victim’s availment of psychosocial counseling or similar services shall be borne by the respondent found guilty of the GBSH charge.

Section 30. Prescriptive period. – Any GBSH acts committed in violation of RA No. 7877, RA No. 1131, CSC and CHED issuances, and this Omnibus Code shall be imprescriptible.

Section 31. Filing of separate criminal or civil actions. – Nothing in this Omnibus Code shall preclude the victim of GBSH from filing a separate civil or criminal action against the offender

Section 32. Confidentiality of proceedings. –

32.1. All the reports, documents, proceedings, or any information relative to GBSH under this Title are privileged and confidential information, and subject to RA No. 10173, otherwise known as the Data Privacy Act of 2012, other related laws and issuances, and the BASC Data Privacy Guidelines.

32.2. Any person who violates the confidential nature of GBSH information shall be subject to appropriate disciplinary action pursuant to the BASC Freedom of Information Guidelines, Data Privacy Guidelines, and other relative issuances. Such disciplinary action is without any prejudice to the filing of appropriate criminal and administrative cases

Section 33. Reportorial requirements to CHED and CSC. – BASC, through the GAD Office, shall report all complaints and/or GBSH cases and the status thereof to the regional offices of CHED and CSC in Region III.

TITLE III

GENDER AND DEVELOPMENT MANUAL

Section 34. Definition of terms. – For purposes of this Title, the following terms or phrases shall refer to as indicated below:

a. Client-focused PAPs - refers to initiatives designed to directly address and benefit BASC’s external stakeholders or constituents;
b. GAD Center - refers to the unit established following Republic Act 7192.
c. GAD Database - refers to the repository of Sex-Disaggregated Data (SDD) managed by the GAD Center wherein the data from internal sources will be supplied semi-annually by the Management Information System (MIS) office and data from external sources will be provided annually by the Research, Extension, Production, and Development (REPD) office;
d. GAD Focal Point System (GFPS) - refers to an interacting and interdependent group of people in BASC tasked to catalyze and accelerate gender mainstreaming. It is a mechanism established to ensure and advocate for, guide, coordinate, and monitor the development, implementation, review, and updating of BASC’s GAD plans and GAD-related programs, activities, and projects (PAPs);
e. GAD Plan and Budget - refers to a systematic approach to gender mainstreaming carried out by BASC through the annual development and implementation of programs, activities and projects, and addressing gender issues and concerns in their campus, institutes, offices and units by utilizing at least 5% of their total budget allocation;
f. Gender - refers to a set of socially ascribed characteristics, norms, roles, attitudes, values, and expectations identifying the social behavior of men and women, and the relations between them;
g. Gender Analysis - refers to a framework for comparing women's and men's relative advantages and disadvantages in numerous aspects of life, such as the home, workplace, education, society, and political system;
h. Gender and Development (GAD) - refers to the development perspective and process that are participatory and empowering equitable, sustainable, violence-free, respectful of human rights, and encouraging of self-determination and actualization of human potentials;
i. Gender Audit - refers to a form of “social audit” or “quality audit” which determines whether BASC's internal practices and related support systems for gender mainstreaming are effective, mutually reinforcing, and adhered to;
j. Gender Equality - refers to the principle asserting the equality of women and men and their right to enjoy equal conditions realizing their full human potentials to contribute to and benefit from the results of development, and with BASC recognizing that all human beings are free and equal in dignity and rights;
k. Gender-Fair Language (GFL) - (also “Gender-Inclusive”, “Gender-Sensitive”, “GenderNeutral” or “Gender-Friendly”) refers to the language that avoids bias towards a particular sex or gender. This involves the use of non-gender-specific words to denote to roles or professions, the construction of coequal phrases, and the elimination of the blanket usage of masculine terms;
l. Gender Mainstreaming - refers to the strategy of including the perspectives and experiences of both women and men in the planning, execution, monitoring, and assessment of policies and programs across all aspects of society. The goal is to guarantee equal benefits for both genders and prevent inequality. It involves assessing how any proposed action, whether legislation, rules, or programs, affects women and men at all levels and in all areas;
m. Gender-Responsive Curricular Program (GRCP) - refers to a curriculum that prohibits all forms of gender-based discrimination in instruction, research, extension, marketing strategies, and promotional materials;
n. Gender-Responsive Development Planning (GRDP) - refers to the College's purposeful endeavor to implement, monitor, supervise, and coordinate economic decisions. It also refers to the integration of gender analyses and gender equality into planning at BASC;
o. Gender-Responsive Extension Program (GREP) - refers to the third of higher education's four functions, to communicate, persuade, and assist specific sectors or target clients (as distinguished from those enrolled in formal degree programs and course offerings) in order to improve production, the community, and/or the College, and quality of life in general;
p. Gender-Responsive Production Program (GRPP) - refers to all equitable and gender responsive PAPs and personnel involved in the generation of resources (including, but not limited to, instructional materials development, technology commercialization, knowledge transfers, and Intellectual Property registration and licensing) to supplement the College's income and maintain a sound financial condition;
q. Gender-Responsive Research Program (GRRP) - refers to a collaborative, purposeful research activity or activities done in the College with the goal of empowering identified communities to achieve gender-responsive development and inclusive growth on their own;
r. Organization-focused PAPs - refers to initiatives that center on addressing issues within BASC itself and among its personnel;

Section 35. GFPS in BASC. – The GFPS in BASC shall be composed of the following members:

35.1. The GFPS Chairperson is the BASC President;

35.2. The GFPS Executive Committee (ExeCom) shall be led by a Vice Chairperson—who is any of the Vice Presidents, female if the Chairperson is male, and vice versa. The members are the designated members of the Administrative and Academic Council;

35.3. The GAD Focal Committee or Technical Working Group (FC/TWG) shall be chaired by GAD Director, who is a member of the ExeCom. The members are the designated GAD Focal Persons representing instruction, non-teaching, research and extension, students, governance and other associate deans;

35.4. Term of office. – The GFPS Executive Committee shall serve for a period of three (3) years. In case of replacement, the alternate shall only serve the remaining period of the term and shall have been trained and capacitated to ensure the continuity in the implementation of the GAD program.

Section 36. General functions of GFPS ExeCom and FC/TWG – The BASC GFPS shall perform the following functions:

36.1. Lead in mainstreaming gender perspective in BASC’s policies, plans and programs. In the process, they shall ensure the assessment of the gender-responsiveness of systems, structures, policies, programs, processes, and procedures of the agency based on the priority needs and concerns of constituencies and employees and the formulation of recommendations including their implementation;

36.2. Lead in setting up appropriate systems and mechanisms to ensure the generation, processing, review, and updating of sex-disaggregated data or GAD database to serve as basis in performance-based gender responsive planning;

36.3. Coordinate efforts of different divisions, offices, and units of BASC and advocate for the integration of GAD perspectives in all their systems and processes;

36.4. Spearhead the preparation of the BASC annual performance-based GAD Plans, Programs and Budget in response to gender issues of their constituencies and clients and in the context of their agency mandate, and consolidate the same following the format and procedure prescribed by the PCW, DBM and NEDA in the Joint Circular 2012-1. The GFPS shall likewise be responsible for submitting the consolidated GAD Plans and Budgets of the department/agency, and as needed, in responding to PCW’s comments or requests for additional information;

36.5. Lead in monitoring the effective implementation of GAD-related policies and the annual GAD Plans, Programs and Budget;

36.6. Lead the preparation and consolidation of the annual BASC GAD Accomplishment Report and other GAD Reports that maybe required under the MCW;

36.7. Strengthen the external link with other agencies or organizations working on women’s rights and gender and development to harmonize and synchronize GAD efforts at various levels of governance;

36.8. Promote and actively pursue the participation of women and gender advocates, other civil society groups and private organizations in the various stages of the development planning cycle, giving special attention to the marginalized sectors; and

36.9. Ensure that all personnel of BASC including the finance officers (e.g. accountant, budget officer, auditors) are capacitated on GAD. Along this line, the GFPS will recommend and plan an appropriate capacity development program on gender and development for its employees as part of and implemented under its regular human resource development program.

Section 37. Roles and responsibilities. –

37.1. The GFPS Chairperson shall –

a. Issue policies or other directives that support GAD mainstreaming in the policies, plans, programs, projects and activities, budget, systems and procedures of BASC including the creation, strengthening, modification or reconstitution of the GFPS; and

b. Approve the GAD Plan, Program and Budget of the agency as duly endorsed by the ExeCom, with the assistance of the TWG, and ensure its implementation.

37.2. The GFPS ExeCom shall –

a. Provide direction and give policy advice to the BASC President to support and strengthen the GFPS and BASC’s GAD mainstreaming activities;

b. Direct the identification of GAD strategies, programs, activities and projects based on the results of the gender audit, gender analysis and according to the identified priorities of BASC in response to the gender issues faced by its clients and employees;

c. Ensure the timely submission of BASC’s GAD Plan and Budget, Accomplishment Report and other GAD-related reports to the PCW and to DBM;

d. Ensure the effective and efficient implementation of BASC’s GAD programs, activities and projects and the judicious utilization of the GAD Budget;

e. Build and strengthen the partnership of BASC with PCW, GAD experts, advocates, women’s groups and other stakeholders in pursuit of gender mainstreaming;

f. Recommend approval of BASC’s GAD Plans and Budgets and GAD ARs; and

g. Recommend awards or recognition to outstanding institutional GAD programs, activities and projects and /or GAD FP members

37.3. The GFPS FC/TWG shall –

a. Facilitate the implementation of the gender mainstreaming efforts of BASC through the GAD planning and budgeting process;

b. Formulate BASC’s GAD Plans, Programs and Budget in response to the gender gaps and issues faced by their clients and constituencies, women and men employees, following the conduct of a gender audit, gender analysis, and/or review of sex disaggregated data;

c. Assist in the capacity development of and provide technical assistance to BASC, and as needed, to officers in the other offices or units. In this regard, the TWG shall work with the Human Resource Management Office (HRMO) on the development and implementation of an appropriate capacity development program on gender equality and women’s empowerment for its employees, and as requested or deemed necessary, for other offices under BASC, as the case may be;

d. Coordinate with the various units of BASC and ensure their meaningful participation in GAD strategic and annual planning exercises;

e. Lead the conduct of advocacy activities and the development of IEC materials to ensure critical support of BASC officials, staff and relevant stakeholders to the activities of the GAD Focal Point System and GAD mainstreaming activities;

f. Monitor the implementation of GAD-related programs, activities and projects in their respective offices and suggest corrective measures to improve implementation of GAD PAPs and GFPS activities;

g. Attend meetings and other activities called upon by the GAD Director or the GFPS;

h. Prepare and consolidate BASC’s GAD accomplishment reports;

i. Provide regular updates and recommendations to the Chairperson or ExeCom on the activities of the GFPS and the progress of BASC-GAD mainstreaming activities based on the feedback and reports of the various units of BASC; and

j. Perform other functions as instructed by the ExeCom.

Section 38. The BASC GAD Center. – The GAD Center shall have the following personnel:

a. Director - who shall direct and supervise the day-to-day operations of the Office;

b. Head of the Policy, Program, and Project Monitoring and Evaluation Unit (PPPMEU)- who shall monitor the implementation of the GAD Plan and Budget, GAD Manual, and GAD Agenda;

c. Head of the Training and Advocacy Unit (TAU) - who shall enable the conduct of GAD Capacity Building and Advocacy activities;

d. GAD Data Officer - who shall maintain the sex-disaggregated database and shall be responsible for the utilization and governance of data across BASC;

e. GMMS Focal Person and alternate – who shall be BASC’s link to the Gender Mainstreaming Monitoring System;

f. VAWC Officer - who shall record complaints brought at the VAWC Desk and forwards it to the appropriate unit; and

g. Operations Staff - who shall provide administrative support to the staff of the Center

If a faculty member shall be designated to occupy such positions, they shall be given an Equivalent Teaching Load (ETL) of twelve (12) units for the director, six (6) units for the focal person or head of office, and three (3) units for the officer, as approved by the Board. Section 39. The GAD Director – The Office of the Director shall supervise the o

Section 39. The GAD Director – The Office of the Director shall supervise the operations of the GAD Center. It shall have an annual budget of at least one percent (1 %) of the GAD Budget, allotted for its operations and shall be directly under the Office of the College President. The GAD Director shall exercise the following functions:

a. It shall oversee the management of the GAD Office;

b. It shall coordinate, consolidate and implement short- and long-range plans concerning Gender and Development of the College;

c. It shall recommend policies that aims at promoting gender equality and sensitivity;

d. It shall monitor the implementation and conduct assessment of the gender-responsiveness of policies, strategies, programs, activities, and projects of the College based on the priority needs and concerns of its constituency, and the formulation of recommendations and ensure their implementation. e. It shall assist in setting up appropriate systems and mechanisms to ensure the generation, processing, review, updating of sex disaggregated data or GAD database to serve as basis in performance-based gender-responsive planning; f. It shall coordinate efforts of different offices/units of the College and advocacies for the integration of GAD perspectives in all their systems and processes; g. It shall spearhead in the preparation of the College annual GAD Plan and Budget in response to the women and gender issues of the personnel, following the format and procedure prescribed by the Philippine Commission on Women (PCW); h. It shall conduct monitoring on the effective implementation of the GAD Manual, GAD Agenda and any other GAD-related policies, and the annual GAD Plan and Budget; i. It shall prepare the annual College GAD Accomplishment Report and other GAD reports that may be required under R.A. No. 9710 and its IRR;

j. It shall promote the participation of women and gender advocates, other civil society groups and private organizations in the various stages of the development planning cycle;

k. It shall ensure that all personnel of the College are capacitated on GAD and in creating and strengthening the GFP System subject to the guidelines promulgated by the PCW; and

l. It shall perform as such duties and functions as may be prescribed by the College President and/or BASC Board of Trustees.

Section 40. Duties and Responsibilities of BASC Gender and Development Center Personnel. –

40.1. Head of the Policy, Program and Project Monitoring & Evaluation Unit (PPPMEU)

a. Monitors the implementation and evaluate the impact of every GAD advocacy, policy and PAPs;

b. Monitors and reports on the implementation of the GAD Plan and Budget and GAD Agenda; and

c. Develops monitoring and evaluation tool to help measure and improve the gender mainstreaming efforts of stakeholders.

40.2. Head of the Training and Advocacy Unit (TAU)

a. Facilitates the conduct of GAD capacity building and advocacy activities such as development of IEC materials and knowledge products that aid the gender mainstreaming efforts of BASC;

b. Coordinates and assists in the preparation of GAD Plan and Budget of the different units of the College; and

c. Assists in the evaluation of programs, activities and projects (PAPs) proposal for genderresponsiveness.

40.3. GAD Data Officer

a. Maintains and updates the College’s Sex-Disaggregated Database; and

b. Monitors, collates and analyzes data and ensures its accuracy and adequately meets the reporting requirements of GAD PAPs.

40.4. GMMS Focal Person

a. Monitors and updates BASC’s Profile in the Gender Mainstreaming Monitoring System (GMMS);

b. Encodes and submits the annual GAD Plan and Budget and Accomplishment Report

c. Attends and leads training related to the GMMS; and

d. Communicates with PCW on matters relating to GMMS.

40.5. GMMS Alternate

a. Assist the GMMS Focal Person in the encoding of GAD Plan and Budget and GAD Accomplishment Report in the Gender Mainstreaming Monitoring System.

b. Assists in the monitoring and updating BASC’s Profile in the Gender Mainstreaming Monitoring System (GMMS);

c. Assists in the encoding and submitting the annual GAD Plan and Budget and Accomplishment Report

d. Performs the function of the GMMS Focal Person in case he or she is unavailable.

40.6. VAWC Officer

a. Accepts and records VAWC complaints brought at the VAWC Desk and forwards it to appropriate unit.

40.7. Operations Staff

a. Provide administrative support to the staff of the Center;

b. Act as secretary or administrative assistant of the Director;

c. Handle the clerical works at the office; and d. Perform other tasks relevant to the position as required.

42.1. BASC shall comply with the provisions of CHED MO No. 01, s. 2015 on Establishing the Policies and Guidelines on Gender and Development in the Commission on Higher Education and Higher Education Institutions, and/or its updates, revisions, or related issuances.

42.2. BASC, through this Omnibus Code and practice, shall mainstream gender equality and the principles of women’s empowerment into the academic programs, course offerings, research programs, in accordance with BASC’s mandates, mission and vision, and philosophy statements. This Title clearly and explicitly identifies the standards for the development, implementation, monitoring and evaluation to remove gender-based biases and incorporate a perspective of gender equality in its curriculum development, research projects and activities.

42.3. BASC shall ensure that all of its teaching and non-teaching personnel, including other BASC workers, undergo regular and continuing GAD training as specified in this Omnibus Code.

42.4. BASC shall include the above issuance and GAD principles in its curriculum development and complemented by non-sexist textbooks and other academic materials in history, sociology, psychology, engineering, agriculture, environment, and all other academic programs approved by CHED.

42.5. BASC shall include gender mainstreaming strategies in its institutional development plans.

42.6. BASC shall ensure that the college materials and documents use gender-fair language and are gender-responsive.

42.7. BASC shall include gender mainstreaming strategies in its institutional research agenda and shall consider the following:

a. Priority research areas as defined in the NHERA and respective CHED Memorandum Orders (CMOs) of the disciplinal program;

b. Institutionalization of GAD database with sex-disaggregated data and gender statistics in all research activities, as necessary;

c. GAD Policy and Program assessment and evaluation;

d. Establishment of an Ethics Board that will review gender sensitivity in research activities;

e. GAD guidelines on ethical standards in research in accordance with the CEDAW and MCW; and

f. Incentives and other support structures for the conduct of research related to GAD.

42.8. In addition to integrating a gender perspective in higher education research, BASC shall extend and strengthen its research programs to include the following priority areas:

a. GAD research program for GAD Planning and Budgeting;

b. Gender research and women’s studies as areas of studies in all disciplines;

c. Specific topics for gender research, in light of social issues raised by the MCW;

d. Gender in power and decision making: Citizenship classes and community extension work;

e. Mapping and strengthening economic empowerment: livelihood skills required in the entire process of running a business, not only production (e.g., accounting, bookkeeping, product branding);

f. Counting the unaccounted: Indigenous women and girls and other marginalized sectors in education;

g. Matching mismatches: career tracking of women;

h. Deepening the disciplines with gender (e.g., women in history); and

i. Emerging gender issues such as but not limited to sexual orientation and gender identities.

42.9. BASC shall observe the following principles in its GREP:

a. GREP reiterates the reliability of science in all its manifestations (e.g., technology), the power of education, the possibility of change, and the equality of people as the basic premises of cooperative extension programs.

b. GREP encourages interdisciplinary programs, participation, and networking as well as collaboration and complementation.

c. GREP promotes the culture of excellence, desire for life-long learning, natural motivation to do service for the common good which are anchored and guided by the core values of GAD.

d. GREP nurtures and supports Filipino communities through informative, persuasive, formative, emancipatory, and participatory decision-making activities that eliminate gender disparities. e. BASC shall serve as model of GAD mainstreaming through technology transfer and livelihood programs that incorporate the provision of financial literacy, technical assistance and other extension services.

42.10. BASC shall extend and strengthen its research programs to include the following:

a. Technology Transfer - bringing into the identified community tested and mature innovations, knowledge, structures, systems and methods that are gender responsive.

b. Livelihood Program with Financial Literacy - capability-building projects that shall enable the beneficiaries, both women and men, to earn through livelihood skills training including the transfer of financial knowledge, information and applications.

c. Technical Assistance - the provision of professional expertise such as consultancy services, mentoring, counselling, advisership, etc. by trainers/professionals and GAD experts.

d. Advocacy - the dissemination of information through media, seminars, meetings, conferences, symposia, workshops, lectures and speakerships, and the distribution of IEC materials to promote gender and development concerns.

e. Linkages - the establishment of partnerships or networking with line agencies, government and non-government organizations and civil society organizations at the local and international levels for projects related to gender and development.

42.11. BASC, through its International Relations Office, shall ensure the following principles:

a. That such partnership and expected outcomes are aimed at strengthening national development strategies and promoting gender equality and women's empowerment;

b. That such partnership shall develop and support the capacities and systems of the College; and

c. That such partnership shall lead to the systemic mainstreaming and institutionalization of GAD into the College’s structures and systems.

42.12. BASC shall only enter into agreements with international parties having accreditation from proper government institution and/or those showing exemplary track records in implementing and mainstreaming GAD principles.

42.13. All agreements to be entered into by BASC shall be submitted to the GAD Office and Office of the Legal Officer, for review and comments.

Section 42. Compliance with CHED MO No. 01, s. 2015, its updates, revisions, or related issuances.

Section 41. Capacity building. – BASC shall ensure that all personnel, especially members of the GFPS, undergo mandatory capacity-building programs on gender and development categorized as:

a. Basic GAD Training for all employees which includes Basic GAD Concepts, Sexual Orientation, Gender Identity and Expression and Sex Characteristics (SOGIESC), Gender-Fair Language (GFL), and Deepening Sessions;

b. Intermediate GAD Training for top executives, directors, deans, and project leaders which includes Executive Briefing, Harmonized GAD Guidelines (HGDG), Planning, Implementation, Management, Monitoring and Evaluation (PIMME), and GAD Planning and Budgeting; and

c. Advanced GAD Training for those who would like to become a GAD Resource Person which includes GAD Training of Trainers, Creative Pedagogy, and Gender-Responsive Module Writing.

Section 43. Incentives and Awards System. – The Human Resource Management Office (HRMO), in coordination with the GAD Office, shall establish and implement an incentives and awards system for outstanding achievements and/or performance of group or individual personnel, in upholding the rights of women and effective implementation of GAD programs and projects.

43.1. BASC’s GADtimpala shall have three (3) award categories, wit:

a. GADtimpala for Outstanding Gender-Responsive BASC Unit. This first award category shall be conferred to campus, college, institute, office, or unit that shall meet the criteria set by the PRAISE Committee. The overall gender-responsiveness and commitment to promote gender equality for its internal and external clients of units shall be the primary consideration for such award.

b. GADtimpala for Outstanding Gender-Responsive BASC Program/ Activity/ Project. This second award category pertains to the programs or projects of BASC that shall meet the criteria set by the PRAISE Committee and exhibit the elements of being gender-responsive and have notable impact on the lives of BASC personnel, regardless of their gender identity or expression.

c. GADtimpala for Outstanding Gender-Responsive BASC Employee. This third award category shall be for the individual, may be a member of the GFPS or not, that shall meet the criteria set by the PRAISE Committee. The candidate’s overall gender-responsiveness and commitment to promote gender equality shall be primarily considered.

43.2. Basic Eligibility Requirements -

a. To be eligible for the GADtimpala for Outstanding Gender-Responsive BASC Office, the campus / college/ institute / office / unit should meet the following minimum requirements:

i. Has submitted to the GAD Office its localized and doable GAD Plan and Budget (GPB), or consolidated GPB (as the case may be);

ii. Has submitted to the GAD Office its corresponding GAD Accomplishment Reports (AR) with supporting documents and means of verification; and

iii. Has a functional localized GFPS created through a policy issuance that is in accordance with PCW Memorandum Circular 2011-01.

b. To be eligible for the GADtimpala for Outstanding Gender-Responsive BASC Program, the program should meet the following minimum requirements:

i. The program or project must have been assessed by the PRAISE Committee as to its gender responsiveness using the Harmonized Gender and Development Guidelines (HGDG) Program Design/Identification (ID) Checklist with a minimum score of 15;

ii. An impact assessment on the program or project done by the implementing agency or by an independent third party;

iii. For the College flagship program, the program must have been categorized as a flagship program per NEDA/DBM classification; and

iv. For the women-focused program, it must be intended solely for women, and/or its beneficiaries must be at least 80 per cent women.

c. To be eligible for the GADtimpala for Outstanding Gender-Responsive BASC Employee, the candidate should meet the following minimum requirements:

i. Exemplary participation in all the gender and development efforts of the College;

ii. Lead by example in gender-sensitivity and responsiveness; and

iii. Apply the principles of GAD in his/her primary and secondary functions.

Section 44. Program, Activities, and Project Development.

44.1. For purposes of this Title, the following terms shall pertain as follows:

a. PAP Identification - refers to the initial phase of the project cycle involves generating information that reflects a high priority in the use of the country’s resources to achieve an important development objective. It is the process of searching for viable development initiatives aimed at responding to specific issues and problems.

b. This phase should be done at least three (3) months before the crafting of the Annual Budget Proposal.

c. PAP Design and Formulation - refers to a gender-responsive design addresses gender equality issues that have been identified in a gender analysis of the development problem and issues related to PAP management, processes, outputs, and outcomes. This phase should be done one week after the fiscal year’s NEP has been released or published.

d. PAP Implementation - refers to the phase which involves putting the project plan into action. It covers activities once construction commences until the PAPs is finished. This phase should be done throughout the PAP’s duration.

e. PAP Monitoring and Evaluation - refers to the assessment of a proposed PAP involves an analysis of its technical, financial, economic, social, and operational viability. It likewise includes the determination of its potential impact on the target area or beneficiaries.

44.2. The project proponents and evaluators shall apply the ten core elements of a gender responsive project or program:

a. participation of women and men in the identification of the development problem;

b. collection and use of sex-disaggregated data in the analysis of the development problem;

c. conduct of gender analysis to identify the gender issues that the proposed project should address;

d. goals, objectives, outcomes, and outputs that include GAD statements that will address the gender issues in (Element 3);

e. activities that respond to the identified gender issues, including constraints to women’s participation;

f. conduct of gender analysis of the planned project to anticipate gender-related issues arising from the implementation of the designed project;

g. monitoring indicators and targets which include the reduction of gender gaps or improvement of women’s participation;

h. project monitoring and evaluation system that includes a sex-disaggregated database;

i. resources and budgets for the activities in (Element 5); and

j. planned coordination with the Philippine Commission on Women (PCW) or the agency’s GAD plans.

44.3. HGDG Element, Guidelines, Protocols, and Means of Verification (MOVs)

44.4. Interpretation of the GAD score. -

Section 45. Project Management, Implementation, Monitoring, and Evaluation. –

45.1. Project Implementation – The GAD unit concerned shall address the following concerns, at the minimum:

a. Application of GAD Mainstreaming such as:

i. support of project leadership;

ii. staff commitment and technical competence in implementing the project’s GAD strategy and willingness to tap external GAD expertise in developing internal GAD capacity; and

iii. enforcement of procedures and processes that promote gender equality and women’s empowerment.

b. Ensure post-project sustainability of GAD initiatives and results by:

i. involving regular agency personnel in the implementation of gender equality activities;

ii. developing the capacity of agency officials and personnel for undertaking GAD initiatives; and

iii. incorporating the project’s GAD strategies in the agency’s GAD plans.

45.2. Project Monitoring and Evaluation – M&E aims to ascertain the project’s success in achieving its targets and goals, assess practices and processes, and cull important lessons from the experiences and problems encountered by the project. In order to ensure efficient management of Sex-Disaggregated Data (SDD) and properly guide each unit (office/institute/college) head or lead in their developing the PAPs, the following indicators should be considered:

In order to ensure efficient management of Sex-Disaggregated Data (SDD) and properly guide each unit (office/institute/college) head or lead in their developing the PAPs, the following indicators should be considered:

a. Human Resource Management Office

Percentage change in the number of women in middle to top management positions.
Percentage of women in middle to top management positions.
Percentage of employees who are differently-abled, by sex.
Percentage of employees who are members of the IP groups, by sex.
Percentage of employees who are solo parents, by sex.
Percentage of employees who have children below seven years old, by sex.
Percentage of employees who have children who are differently-abled, by sex.
Percentage of women in technical positions. Female Male
Proportion of faculty according to civil status, educational attainment, specialization and years in service, by sex.
Proportion of non-teaching employees according to civil status, educational attainment, specialization and years in service, by sex.
Proportion of women to total employees, by type of employment/tenure.
Proportion of women to total training participants, by type of training or activity.
Employees who are considered head of the family, by sex
Employees who retired by sex at the age of 65.
Employees who were not renewed.
Employees who retired because of illness.
Employees who were on VSL and TLB by sex.
Employees who avail leave of absence

b. Finance Management Services

Percent of BASC budget for gender and development.
Proportion of female and male employees according to net take home pay.
Proportion of women and men to loan borrowers.

c. Instruction

Academic performance of students per program, by sex.
Passing rate in licensure examinations, by sex.
Performance evaluation of faculty per program, by sex.
Presence/absence of sexist language, messages and graphics in textbooks and other instructional materials.
Rate of absenteeism and tardiness of faculty per program, by sex.
Rate of absenteeism and tardiness of students per program, by sex.
Number of students in the Dean’s List, by sex.

d. Library

Percentage of men and women students utilizing library services by program and year level.
Percentage of teaching and non-teaching employees utilizing library services by sex
Satisfaction rate of library users by program and by sex.

e. Registrar

Cohort survival rate, by sex.
Distribution of female/male enrollees, by academic program/discipline.
Distribution of female/male graduates, by academic program/discipline.
Dropout rate per year level, by sex.
Gross enrolment ratio, by sex.
Proportion of female students to total enrolment.
Proportion of female students to total graduates.
Ratio of male and female enrollees.
Ratio of male and female graduates.
Number of graduates with honors, by sex.

f. Research, Extension, Production and Development

Average number of hours spent by researchers and extensionists on research and extension work, by sex.
Average number of hours spent by researchers and extensionists on unpaid overtime research and extension work, by sex.
Full time technical staff /employees in research and extension work, by sex.
Percentage distribution of researchers and extensionists per college and program, by sex.
Percentage of female research and extension work workers according to academic degrees
Proportion of administrative council members engaged in research and extension work, by sex. Criteria Female Male
Proportion of researchers and extensionists from faculty according to rank, by sex.
Proportion of female faculty members engaged in research and extension work who have children below seven years old.
Proportion of women as leaders in research and extension undertakings.
Research and extension work participation rate, by sex.
Status of tenure of faculty who are engaged in research and extension work, by sex.
Number of faculty members and students with IP registration, by sex

g. Clinic

Number of employees and students who visited the clinic, by sex.
Number of employees and students who avail the clinic services, by sex.
Number of employees and students who are healthy based on BMI, by sex.
Number of employees with existing medical condition or with maintenance medicine.
Number of employees and students with vaccination for the last three years.

h. Student Affairs and Services

Proportion of female/male students in accredited student organizations.
Percentage of students who are solo parents, by sex.
Percentage of students who are children of solo parents, by sex.
Percentage of students who are differently-abled, by sex.
Percentage of students who are left-handed, by sex.
Presence/Absence of GAD agenda in student affairs and services programs.
Leadership in organization, by sex.
Incidence of violence against women and children, by type.
Incidence of human rights violation, by type. Criteria Female Male
Percentage of students who are members of IP groups, by sex.
Number of students who committed violation, by sex.
Number of students who visited the guidance office, by sex.
Number of students who avail scholarship, by sex.
Number of students who are engaged in sports, by sex.
Number of students who become leaders of organization, by sex.
Number of students in the marginalized sector, by sex.
Number of students in the marginalized sector who avail of scholarship, by sex.

i. Planning and Development Office

Rate of utilization of the infrastructure or facility, by sex of users
Proportion of women to total users of the facility
Number of woman/man workers employed by the project during the project’s construction phase
Proportion of women to total members of the users’ organization
Number of woman/man workers employed by the project/organization for the operation and maintenance (O&M) of the infrastructure/facility
Proportion of women to total participants in the O&M training
Inputs of women/men to decision making concerning the infrastructure project or facility (design, location, use, management) that are incorporated in the final decisions
Percentage change in the number of women assuming leadership positions in the users’ organization
Presence/absence of GAD agenda in the project
Presence/absence of GAD agenda in users’ organizations

PIMME Elements and Means of Verification (MOVs)

Section 46. Review of the Omnibus Code. – The CODI Secretariat, in cooperation with the Office of the Legal Officer, shall review this Omnibus Code, three (3) years from approval by the BOT and every three (3) years thereafter, unless the CSC or CHED issue a resolution updating or revising their respective issuances on GBSH, whichever comes earlier.

Section 47. The GAD Budget. –

47.1. The operational expenses of GFPS shall be sourced from BASC’s GAD Budget which is at least 5% of the approved General Appropriations Act for the institution. The GFPS members are not entitled to honoraria. However, they may be entitled to reimbursements and allowances to cover the expenses incurred in the execution of their tasks, subject to existing government rules and regulations.

47.2. The computation of the minimum five percent (5%) GAD budget shall be based on BASC’s total budget appropriations provided in the fiscal year’s National Expenditure Program (NEP). The GAD budget may be drawn from BASC’s maintenance and other operating expenses (MOOE), capital outlay (CO), and/or personnel services (PS). Examples of expenses that may be charged to the GAD budget:

a. Expenses addressing the gender issues being prioritized by PCW such as those outlined in the Gender Equality and Women Empowerment (GEWE) Plan 2019-2025;

b. PAPs that address GAD issues and GAD mandates, including relevant expenses such as supplies, travel, food, board and lodging, professional fees, among others;

c. Capacity development on GAD (e.g. Gender Sensitivity Training; Gender Analysis, Genderresponsive Planning and Budgeting, among others);

d. Activities related to the establishment and/or strengthening of enabling mechanisms that support the GAD efforts of BASC;

e. Salaries of BASC personnel assigned to plan, implement, and monitor GAD PAPs on a fulltime basis, following government rules in hiring and creating positions;

f. Time spent by the BASC GFPS members or personnel doing GAD-related PAPs may be compensated through a compensatory time off (CTO), following government accounting and auditing rules and regulations;

g. Salaries of personnel hired to manage/operate the GAD Office if established;

h. Construction expenses for gender-responsive or GAD-mandated facilities which include but are not limited to the following:

i. GAD Center;

ii. Indigenous People Center;

iii. VAWC Center; and iv. Day Care Center.

i. Consultations conducted by BASC to gather inputs for and/or to disseminate the GAD plan and budget and other major GAD issuances that requires community consultation;

j. Payment of professional fees, honoraria, and other services for gender experts or gender specialists engaged by BASC for GAD-related training and activities; and

k. IEC activities (development, printing, and dissemination) that support the GAD PAPs and objectives of BASC.

Section 48. Suppletory application. - The issuances of CSC, CHED, and other concerned agencies shall have suppletory application to this Omnibus Code, insofar as applicable to the circumstances. Section 49. Violations. - Any violation under this Omnibus Code shall be subject to RRACCS and MORPHE, without prejudice to independent civil or criminal actions as may be warranted under the laws. Section 50. Effectivity. - This Omnibus Code shall take effect upon approval by the Board of Trustees

1Section 3 (a), RA No. 11313.

2Section 4 (c), Rule II, RA No. 11313 IRR.

3 Section 3 (b), CHED MO No. 03, s. 2022.

4 Section 3 (e), RA No. 11313.

5 Section 4 (h), Rule II, RA No. 11313 IRR.

6 Section 3 (a), CHED MO No. 03, s. 2022.

7 Section 4 (i), Rule II, RA No. 11313 IRR.

8 Section 4 (l), Rule II, RA No. 11313 IRR.

9 Section 28, Rule 7, 2017 RACCS.

10 Section 4 (u), Rule 1, 2017 RACCS.

11 Section 3 (g), RA No. 11313.

12 https://www.lexico.com/definition/safe_space.

13 Section 4 (n), RA No. 11313 IRR.

14 Section 4 (p), RA No. 11313 IRR.

15 Section 4 (o), RA No. 11313 IRR.

16 Section 14 (c), CSC MC No. 11, s. 2021.

17 Section 14 (c) (1), id.

18 Section 14 (c) (2), id.

19 Section 10 (b), supra at footnote 6.

20 Section 14 (c) (3), supra at footnote 16.

21 Section 10 (e), supra at footnote 6.

OMNIBUS CODE ON GENDER AND DEVELOPMENT

TITLE I

CODE OF CONDUCT ON GENDER-BASED SEXUAL HARASSMENT IN EDUCATIONAL INSTITUTION

Section 1. Declaration of Policies. –

Section 2. Coverage. – This Omnibus Code shall apply to all members and campuses of the BASC Community, in so far as relevant to their circumstance:

Section 3. Definitions. – As used in this Code of Conduct, the following terms or phrases shall refer to as indicated below:

Section 4. Obligations of BASC Officials. –

Section 5. Obligation to report and document. –

Section 6. How GBSH is committed. – GBSH may be committed as follows:

Section 7. Classification of GBSH acts. –

Section 8. Places where GBSH is committed. – GBSH may be committed in the following:

Section 9. Persons liable for sexual harassment. –

Section 10. Support mechanism for the victims of GBSH. –

TITLE II

RULES OF PROCEDURE ON GBSH CASES

Section 11. Committee on Decorum and Investigation (CODI). –

Section 12. Terms of service. –

Section 13. Quorum. – A majority of all the members of CODI at the time of regular meetings or investigations shall constitute a quorum. No matter shall be decided upon by CODI in the absence of a quorum.

Section 14. CODI meetings. –

Section 14. CODI meetings. –

Section 15. Responsibilities and functions of CODI. –

Section 16. The CODI Secretariat. – The GAD Office shall serve as the CODI secretariat and shall have the following duties and responsibilities:

Section 17. Informal procedures during pre-filing stage. –

Section 18. Formal procedures. –

Section 19. Filing and service of pleadings. –

Section 20. Action on the Complaint. –

Section 21. Investigation of GBSH cases before the CODI. – The CODI shall at all times observe due process, investigate, and decide on the complaint within ten (10) working days or less, upon receipt thereof, subject to the following rules of procedure:

Section 22. Preventive Suspension. –

Section 23. Decision of the disciplining authority and its finality. –

Section 24. Motion for Reconsideration. –

Section 25. Appeals on the decisions on Motions for Reconsideration. –

Section 26. Retaliation and protective order. –

Section 27. Other violations. – Failure to comply with the provisions of this Omnibus Code shall be a ground for administrative discipline under the RRACCS for government employees; contractual provisions for private contracting parties; and Student Handbook for students.

Section 29. Penalties. – The BASC President shall impose the following penalties, when based on evidence, the respondent is found guilty of committing GBSH:

29.1. Penalties for grave offenses

29.2. Penalties for less grave offenses

29.3. Penalties for light offenses

Section 30. Prescriptive period. – Any GBSH acts committed in violation of RA No. 7877, RA No. 1131, CSC and CHED issuances, and this Omnibus Code shall be imprescriptible.

Section 31. Filing of separate criminal or civil actions. – Nothing in this Omnibus Code shall preclude the victim of GBSH from filing a separate civil or criminal action against the offender

Section 32. Confidentiality of proceedings. –

Section 33. Reportorial requirements to CHED and CSC. – BASC, through the GAD Office, shall report all complaints and/or GBSH cases and the status thereof to the regional offices of CHED and CSC in Region III.

TITLE III

GENDER AND DEVELOPMENT MANUAL

Section 34. Definition of terms. – For purposes of this Title, the following terms or phrases shall refer to as indicated below:

Section 35. GFPS in BASC. – The GFPS in BASC shall be composed of the following members:

Section 36. General functions of GFPS ExeCom and FC/TWG – The BASC GFPS shall perform the following functions:

Section 37. Roles and responsibilities. –

BASC GAD

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