Agustin Baluyot Yute Sexual Harassment

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Agustin, Rosalie Y.

Baluyot, Mikael Konrad B.


Yute, Ariana Louise F.
English 10 THZ
March 13, 2017
Research Proposal
Sexual Harassment Policies within the University of Santo Tomas

Harassment takes many forms. Sexual harassment and the grounds on


which it stands to be defined is often a topic of discussion among
institutions and organizations alike. An issue regarding a sexual harassment
case involving two students from the University of Santo Tomas has recently
surfaced and has become a fierce topic in social media, spurring various
reactions from those who were involved as well as those who have only read
and followed the issue through online statements and articles. However,
social media as we know it, has become an avenue for unreliable data that
magnetizes misconceived reviews and claims. This pushes us to gain a more
coherent understanding of the events that transpired by looking at the
foundations on which the issue lies, then analyzing how it affected the
situation. Through this, we will gain a more comprehensive understanding
of sexual harassment within the university, as well as the credibility of the
policy by which it was addressed. This research is geared towards the legal
and psychological implications of sexual harassment within academic
environments, particularly in the University of Santo Tomas. It aims to
provide a clearer understanding of sexual harassment and a victim's
credibility aligned with the Anti-Harassment Act of 1995, among other
established acts.
Our research will review the aforementioned case with scrutiny, and
examine the published statement by the family member of the victim, the
response of the university, the statements by different student organizations
inside and outside the university and individual members of the student
body, and other organizations for women regarding the incident. We intend
to review the definition of sexual harassment in its broadest sense through
established psychological researches in order to provide the reader a more
comprehensive idea of what it is, its forms, and its implications. We plan to
further narrow down this definition by analyzing The Anti-Harassment Act
of 1995, among other established policies in the Philippines, and deriving
the state's definition of a "sexually offensive act". Defining sexual
harassment within the context of a nationally established act is critical, as it
provides the basis by which other institutions, such as universities, build
their own regulations. The findings of this research is intended to contribute
to the analysis of whether or not these established policies are just,
sufficient, and dependable. We also chose to focus on the recent case in
order to verify its efficiency, or lack thereof, in contemporary society.

Annotated Bibliography

Bajo, Anna Felicia and Rie Takumi. Gabriela slams UST over sanctions vs.
student in viral post
GMA, 1 Feb. 2017, 7:20 p.m.,
http://www.gmanetwork.com/news/story/597966/news/
nation/gabriela-slams-ust-over-sanctions-vs-student-in-viral-post.
Accessed 12 Mar. 2017.

The news article shows Gabrielas response to the way the University
handled the case. The organization criticized the methods of the
University as choosing to lay blame on the victim and prioritizing
their reputation before the right of the student. The article also shows
the inconsistency of the Universitys handling process with regards to
the case.
Barahan, Ed Margareth. UST responds to viral post on student bullied by
UST office Inquirer.net 31 Jan. 2017, 8:38 p.m.,
http://newsinfo.inquirer.net/867020/ust-responds-to-viral-post-on-
student-bullied-by-ust-office. Accessed 28 Feb. 2017.

The article from Inquirer reports the response of the University of


Santo Tomas to the Facebook post of Geo Celestino, the brother of the
victim Yssa Celestino. According to the said university, the facts and
evidences by Mr. Geo Celestino do not conform to the records on file.

Brandenburg, Judith Berman. Confronting sexual harassment what schools


and colleges can do. New York:
Teachers College Press, 1997.

The author, a psychologist with profound experience in teaching and


administration, writes about the complex issue of sexual harassment
within the academic context. She provides theoretical possible
solutions for colleges and secondary schools, confronting the issue by
providing definitions, expounding on the policies established to
prevent such incidences. She also explains the behavioral factors that
contribute to the persistent occurrence of sexual harassment acts.
Celestino, Geo. My Sister Was Bullied by UST Office for Student Affairs.
Namolestya (molest) ang kapatid ko, at siya pa ang sinisi Facebook,
29 Jan. 2017, 6:08 a.m.,
https://www.facebook.com/geobryvic/posts/1426459700698169.
Accessed 28 Feb. 2017.

The online statement by Geo Celestino, who claims to be the accuser's


close relative, includes detailed accounts of the case according to their
partys perspective. He recounts specific details of the event, accusing
the Student Welfare and Development board of oppression of the victim
and overall mishandling of the case. The post caused a stir in social
media, drawing various responses from Netizens.

De La Cruz, Gwen. The many faces of sexual harassment in PH Rappler,


04 Jun 2016, 10:00 a.m., http://www.rappler.com/newsbreak/iq/135240-
sexual-harassment-philippines. Accessed 28 Feb. 2017.

The article offers various connotations of sexual harassment, as well as


what it comprises of, under different Republic Acts and decrees of the
Philippines. It also includes the different forms of sexual harassment
that occurs on the streets or in public, in the workplace, and in any
educational environment. The articles aims to show different views
regarding sexual harassment in the Philippines.

Deiparine, Christian de Lano M. CSC slams campus sexual harassment,


victim-blaming Varsitarian, 04 Feb 2017,
http://varsitarian.net/news/20170204/csc-slams-campus-sexual-
harassment-victim-blaming. Accessed 28 Feb. 2017.

The article reports the condemnation of the Central Student Council of


the University of Santo Tomas regarding the sexual harassment and
victim-blaming that happened to a student of the College of Fine Arts
and Design.

Fitzgerald, Louise F. Sexual harassment in higher education: concepts &


issues. Washington, D.C.: National
Education Association, 1992.

The booklet covers sexual harassment in a larger, more extensive


scope, with every chapter tackling different facets surrounding sexual
harassment. Louise Fitzgerald, an interdisciplinary psychologist,
expounded on the legal implications of sexual harassment through
recent cases and court proceedings. The author also provided an
analogy between institutional and legal definitions, along with the
factors that affect them. She reviews several cases, policies, and her
primary research findings obtained through questionnaires
distributed within a number of different universities in America.

Fitzgerald, Louise F., Suzanne Swan, and Karla Fischer Why Didnt She
Just Report Him? The Psychological and Legal Implications of Womens
Responses to Sexual Harassment Journal of Social Issues, vol 51, no. 1,
1995, pp. 117-138. Academia, https://www.academia.edu/
6344776/Why_Didnt_She_Just_Report_Him_The_Psychological_and_Leg
al_Implications_of_Womens_Responses_to_Sexual_Harassment.
Accessed 28 Feb. 2017.

The article aims to understand the legal and psychological implications


of victims' behavioral responses to sexual harassment. It focuses on the
credibility of the acts in relation to the victims different response
strategies. The article intends to conclude the most effective response
by providing a theoretical framework derived from cognitive-behavioral
stress.

Fitzgerald, Louise F., Sandra L. Shullman, Nancy Bailey, Margaret Richards,


Janice Swecker, Yael
Gold, Mimi Ormerod, and Lauren Weitzman. "The incidence and
dimensions of sexual harassment in academia and the workplace."
Journal of Vocational Behavior 32.2 (1988): 152-75. Academia,
https://www.academia.edu/2643016/The_incidence_and_dimensions_of
_sexual_harassment_in_academia_and_the_workplace_1. Accessed 12
Mar. 2017.
The article is dedicated to confirming the notion that sexual
harassment is one of the most pervasive, widely spread yet least
acknowledged phenomena. It is grounded on two large-scale formal
studies that support this theory, based on responses collected from
employees within specific workplaces. The authors further identify
general areas of sexual harassment, and conclude that the issue
springs afflicting psychological consequences on victims, men or
women alike.

@ForGullible. Screenshot of Yssa Celestino's Tweet last July 2016. Read


from down to up.
Twitter, 7 Feb. 2017, 7:08 a.m.,
https://twitter.com/ForGullible/status/826809346860
343296. Accessed 12 Mar. 2017.

Screenshots of the victims twitter account upon posting about the


events of the incident was reposted in another twitter account. The
supposed victim published a narrative of the event, along with pictures
she took of her supposed perpetrator. The University of Santo Tomas
administration, according to another source, allegedly urged her to
take down the post due to informality and failure to act in accordance
to the due process tied to filing sexual harassment complaints.

Gabriela Womens Party, On the viral UST sexual harassment case and UST
admins response Facebook, 1 Feb 2017,
https://web.facebook.com/GabrielaWomensParty/photos/
a.224075477802457.1073741828.222523177957687/5931823208917
69/?type=3&theater&_rdr. Accessed 12 Mar. 2017.
The Facebook post shows the response of the Gabriela Womens Party,
a well-known women's organization in the country on how the
university handled the case. According to statement, the way the
University of Santo Tomas handled the case is alarming as the
university focused more on the preservation of its reputation rather
than the protection of the victim. They also stated their yearning to
reassess the current law regarding sexual harassment.

Gonzales, Yuji Vincent. Gabriela: UST admin emboldening sexual offenders,


silencing victims Inquirer, 1 Feb. 2017,
http://newsinfo.inquirer.net/867173/gabriela-ust-admin-emboldening-
sexual-offenders-silencing-victims. Accessed 12, Mar. 2017.

This news article gives a more objective narration of the events that
happened during the sexual harassment incident that involved two
students from the University of Santo Tomas. It also described how
the party-list group Gabriela assisted the victim.

Gregorio, Xave. Victim blamed CFAD girl tweets leak, Tomasinoweb, 5


Feb. 2017, 6:39 p.m.,
http://tomasinoweb.org/2017/news/victim-blamed-cfad-girl-tweets-
leak.tw. Accessed 12
Mar. 2017.

The article is about how the tweets of the victim regarding the event,
which was supposedly
taken down, were leaked in the social media website Twitter. It also
contains the response of
her brother towards the tweets, his insistence that while the tweets are
legitimate, it also does
not cover the whole story. The article also covers how the Student
Welfare and Development Board
(SWDB) had handled the matter.

Netizens, Thomasians slam SWDBs victim blaming of CFAD student


Tomasinoweb, http://
tomasinoweb.org/2017/news/swdb-victim-blames-cfad-student-gets-
slammed.tw. Accessed 28 Feb. 2017.

The article reports how the University of Santo Tomas and its Student
Welfare and Development Board were criticized online because of the
way the sexual harassment case was handled. The article states that
the administration allegedly resorted to "victim-blaming " to protect
its reputation and the accused student.

Paludi, Michele Antoinette., and Richard Barickman. Academic and


workplace sexual harassment a
resource manual. Albany: State U of New York Press, 1991.

The book provides an overview of sexual harassment by using


theoretical explanatory models. The authors also tackled the legal and
empirical definitions, as well as incidences, of sexual harassment
within the workplace and college/university settings through citing
different possible illustrations of its forms. Their findings and
proposed techniques for dealing with sexual intimidation within these
settings are based on the responses of individuals who had
experienced it first-hand.

---. Sexual harassment, work, and education: a resource manual for


prevention. 2nd Ed., State University of New York Press, 1998.
The book offers different researches on relationships within college
campuses. It also provides sources for dealing with sexual harassment
in different levels of education as well as training programs within the
workplace. Several examples of policies and training procedures for
sexual harassment awareness in education and workplace setting are
also included.

Philippine Commission on Women. Republic Act 7877 PCW,


http://pcw.gov.ph/law/republic-act-7877. Accessed 28 Feb. 2017

The Sexual Harassment Act of 1995 serves as the foundation of this


research, as it holds the state's definition of a sexually offensive act
within the Philippines. The act, passed by the Senate on February 8,
1995, enumerates various circumstances considered to be sexually
offensive based on different settings, as well as the equivalent
sanctions or penalties. Defining sexual harassment within the context
of a nationally established act is critical, as it provides the basis by
which other institutions build their own regulations.

---. Republic Act 9262 PCW, http://pcw.gov.ph/law/republic-act-9262.


Accessed 28 Feb. 2017

The Anti-Violence Against Women and Their Children Act of 2004, or


also known as the Republic Act 9262, defines violence against women
and their children. It contains various acts or series of acts committed
against women, from physical to psychological violence. This act
covers a broader, more extensive and comprehensive spectrum of
sexual violence and its forms.

---. Strengthening Law Enforcement and Protection Against Sexual


Offenses: Expanding the Anti-Sexual Harassment Law PCW,
http://www.pcw.gov.ph/wpla/strengthening-law-
enforcement-and-protection-against-sexual-offenses-expanding-anti-
sexual-
harassment-law. Accessed 12 Mar. 2017.

The publication is concerned with the expansion of the Anti-Sexual


Harassment Act as it seems that its definition of sexual harassment is
limited. It also includes the importance of the expansion as well as
different considerations of addressing the issue in the country. The
publication also serves as a good reference for recommendations as to
what policies should be included in the law.

Philippine Statistics Authority. Q & A: Sexual Harassment Cases PSA,


https://psa.gov.ph/
content/q-sexual-harassment-cases. Accessed 28 Feb. 2017

The article provides a list of different government policies regarding


sexual harassment such as the R.A. 7877, also known as an Act
Declaring Sexual Harassment Unlawful in the Employment, Education
or Training Environment, and for other purposes and Civil Service
Commission (CSC) Resolution No. 01-0940 also known as the
Administrative Disciplinary Rules on Sexual Harassment Cases.

Sandler, Bernice Resnick., and Robert J. Shoop. Sexual harassment on


campus: a guide for
administrators, faculty, and students. Boston: Allyn and Bacon, 1997.

The authors of this book are well-known for their research on sexual
harassment and its effects within educational settings. In this book,
they enumerate recommendations for academic administrations for
dealing with issues regarding sexual harassment. They further
suggest specific measures higher educational administrations and
communities can take in order to prevent the detrimental effects of
sexual harassment.

Santos, Ankrizel. What we know so far about the alleged sexual


harassment incident involving
students from UST Manila Bulletin, 2 Feb. 2017,
http://mblife.xyz/6616/what-we-know-so-
far-about-the-alleged-sexual-harassment-incident-involving-students-
from-ust/. Accessed 12
Mar. 2017.

The article shows a compilation of the accounts about the event that
had occurred. It includes the Facebook post of said event from the
victims brother, a link towards the screenshot of the victims tweet
about the event as well as the photo of her perpetrator, the University
of Santo Tomas Official Statement about the event, and the response of
the womens rights advocate Gabriela Womens Party (GWP) towards
the universitys way of addressing the problem.

Sentro ng Alternatibong Lingap Panlegal. Advocating Anti-Sexual


Harassment: Policies in Workplaces and
Campuses. Quezon City: Sentro ng Alternatibong Lingap Panlegal,
1995

The manual provides assistance to people interested in creating and


establishing a policy against sexual harassment. It presents the
importance of adopting sexual harassment policies as well as
recommendations for making an effective policy. It also discusses the
nature of sexual harassment and considers the profiles of both victim
and perpetrator, as well as the factors that affect the occurrence of
sexual harassment acts.

Serafica, Raisa. Viral: UST student affairs office hit over sexual harassment
case Rappler, http://
www.rappler.com/move-ph/160038-viral-ust-student-affairs-office-
sexual-harassment. Accessed 28 Feb. 2017.

The news article gives a narrative of what happened during the


sexual harassment incident that involved two students from the
University of Santo Tomas. It includes the statement of the university
and the report by the Varsitarian, stating that the Student Welfare
and Development Board only followed the standard operating
procedure with regards to sexual harassment cases.

Social Weather Stations. Safe Cities Quezon City: Baseline Study Results,
Social Weather Stations, 2016,
http://www.sws.org.ph/downloads/media_release/pr20160311%20-
%20Baseline%20Study
%20Topline%20Results%20FINAL.pdf.

The article presents the results of a survey conducted in Quezon City


about Street Sexual Harassment and Sexual Violence against Women
and Girls, as part of the UN WOMEN Safe Cities Metro Manila
Programme. The survey is considered as the first baseline data about
sexual harassment in the Philippines and from the article is a link
directing to a presentation of the survey findings.

---. SWS presents key findings of Survey on Sexual Violence against Women
and Girls in Quezon City at UN Women Presscon, Social Weather
Stations, 11 Mar 2016, http://www.sws.
org.ph/swsmain/artcldisppage/?artcsyscode=ART-20160525150531.
Accessed 28 Feb. 2017

In the presentation are the key findings of the survey mentioned in


the previous reference. It includes safety perception of both men and
women in their respective household vicinities and cities, prevalence
of sexual harassment in different settings, affirmation from men that
they have conducted sexual harassment, as well as the peoples views
towards the sanctions concerning sexual harassment. The
presentation also includes psychological studies on the mentality of
the victims after the occurrence of the event, as well as other peoples
views on sexual harassment victims.

University of Santo Tomas, OFFICIAL STATEMENT OF THE UNIVERSITY


OF SANTO
TOMAS ... Facebook, 31 Jan 2017,
facebook.com/UST1611official/posts/
1443083595703420. Accessed 12 Mar. 2017.

The statement, which stands as the only official statement from the
university's administration, directly negates the statement made by
Mr. Geo Celestino, the accuser's brother. In the statement, they have
concluded that the accounts published by Mr. Geo Celestino did not
correspond to the facts their office records. The administration also
discussed about the formality and confidentiality of the investigation,
which in effect prohibits them from releasing details about the case.

University of Santo Tomas Central Student Council, OFFICIAL


STATEMENT OF THE UST
CENTRAL STUDENT COUNCIL, RE: DUE PROCESS ON FILED
CASES ... Facebook, 31 Jan 2017,
facebook.com/USTCSC/posts/1257749530928283. Accessed 12 Mar.
2017.

The Central Student Council of the University of Santo Tomas


released a statement on the due process of filed cases as a response
to the circulating sexual harassment issue in the university. Along
with their statement, they had included a typographical guide for the
procedures involving disciplinary actions derived from the university's
student handbook. This statement stands as the only official response
of the student council regarding the issue.

University of Santo Tomas, Office for Student Affairs. Student Handbook


UST OSA, http://osa.
ust.edu.ph/?page_id=404. Accessed 28 Feb. 2017

The Student Handbook of the University of Santo Tomas allows us to


assess as to the why case was handled that way. We will be able to
compare and gauge whether the sexual harassment policies of the
university is sufficient and in line with the policies of the national
government.

WomenWatch. What is Sexual Harassment? UN Women,


http://www.un.org/womenwatch/
osagi/pdf/whatissh.pdf. Accessed 12 Mar. 2017.

The article of WomenWatch by UN Women explains and defines the


different forms of sexual harassment as established by the United
States Equal Employment Opportunity Commission. This article will
allow us to be able to compare the definition of sexual harassment by
other countries with the definition of the Philippines.

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