UPHOLDING SAFE spaces on campus is a responsibility educational institutions must undertake, especially in compliance with Republic Act No. 11313. Commonly known as the Safe Spaces Act, the law aims to protect individuals from forms of sexual and gender-based violence (SGBV) in public, private, and online spaces.
In the Ateneo, this law has led to the development of the Code of Decorum and Administrative Rules on Sexual Harassment, Other Forms of Sexual Misconduct, and Inappropriate Behavior (Code and Rules). The document puts the appropriate school units in charge to investigate and penalize University members who violate its stipulations. For transparency, the Code and Rules requires the University Office of Decorum and Investigation (UODI) to submit a semi-annual report outlining the formal and informal cases received.
With onsite operations in full swing this year, the question now lies in what the Ateneo has done to improve its existing policies and processes against SGBV, especially with the noticeable low number of reported cases in recent UODI semi-annual reports.
Reviewing the system
While a set of policies and processes is in place, online platforms such as the ADMU Freedom Wall continue to be flooded by anonymous postings discussing experiences of SGBV. This persisting issue has raised concerns over the efficiency of the University Decorum and Investigation System (UDIS), which exists to take the necessary steps in addressing cases of sexual harassment. The UDIS comprises different school units that work together to process SGBV cases, offer support to those who file a complaint, and further implement and improve the University’s existing policies.
Currently, the Code and Rules outline different forms of SGBV that fall under the jurisdiction of UDIS. These are then categorized into minor, moderate, or major infractions.
After identifying these, the complainant may choose to file a report directly to UODI for cases involving University employees, or the School Office of Decorum and Investigation for student-related ones. Should the complainant choose to approach the University Gender Hub (UGH), they may file a case through the Committee on Decorum and Investigation (CODI) Alert Form, from which the office will aid in relaying the report to the appropriate units.
For minor infractions, the two parties may choose to agree to a conciliation with the presence of a mediator. However, if the two decide against that route or the mediation is unsuccessful, the case will take on the procedure for moderate and major infractions.
While enforcing a No Contact Agreement, the appropriate office will then issue notices to both the complainant and respondent, allowing them to address the allegations and provide additional supporting documents aside from the examined evidence. The case will only escalate to a hearing if it counts as prima facie, which means there is a reasonable basis to presume the respondent committed a form of SGBV. Should the respective offices dismiss the complaint, the complainant may file an appeal to the chairperson of these investigative bodies.
During the hearings, both parties may be accompanied by two individuals to provide support as long as these individuals are not witnesses nor do they participate in the hearing. Once the proceeding concludes, the University President or the School Disciplining Authority will issue a decision based on the report of the hearing panel, which depends on the office-in-charge investigating the case.
If the respondent is found guilty of committing SGBV, the concerned office will provide the appropriate sanction. This involves the Office of Human Resource Management and Organization Development for employees and the appropriate student formation or disciplinary offices for students. Should the parties wish to file for an appeal, they may choose to do so as long as it falls within the right grounds.
During their first year, students are informed of these procedures through their Introduction to Ateneo Culture and Traditions class. Meanwhile, the UDIS is communicated to University employees through gender sensitivity training.
Roads to justice
Despite the existence of UDIS, victims may still be reluctant to file a formal complaint due to the system’s long and tedious process. This can leave many cases undocumented and left unresolved.
Based on UODI’s latest Semi-Annual Report, 15 formal student-related cases were received and processed, while only three reports were filed against employees. For a case’s verdict to favor the complainant, there must be substantial evidence or sufficient proof to conclude that a particular act was committed.
Consequently, the report showed that only four out of the 15 student-related cases were declared guilty. The decision on the other nine was not guilty, while the remaining two cases are still ongoing.
Of the three complaints filed against employees, only one reached a guilty decision, while the other one was dismissed due to a lack of prima facie. The other remaining case is still ongoing.
With the burden of proof on the complainant, filing a case can apparently become discouraging. UODI’s findings also indicated that 10 informal reports were not elevated as formal complaints.
Recognizing this hurdle, UGH Case Response Coordinator Angelique Villasanta stresses the importance of empowered consent, which entrusts the complainant with making the best decision for themselves. An integral arm of the UDIS, the UGH aims to guarantee a sense of care and companionship when dealing with SGBV victims.
“Our role as Hub Companions is to present the process as honestly as possible—both the good things and the difficult things that will come of it,” Villasanta explains.
For Sanggunian Commission on Anti-Sexual Misconduct and Violence (CASMV) Co-Commissioner Aerelah Kristy C. Deloria, SGBV victims recognize that the process of filing a case may retraumatize them. Thus, they may choose to seek support through CASMV’s First Responders, a peer-level emotional support that creates a space for them to share their experiences. They may also choose to go directly to UGH for their Care Response Services, which provide support from professionally-trained individuals.
For those who decide against filing, the UGH also offers alternative routes to cater to the complainants’ varied needs.Villasanta notes that before, people would only approach them to either look for support or file a complaint. Now, instead of pursuing a formal case, they would also seek for “restorative” measures that aid in preventing SGBV acts from happening in the first place.
Villasanta sees this as a positive occurrence. “It’s good that we’re allowing people to [seek those options] versus saying that justice is going through with filing a complaint,” she says.
Refining the system
In an effort to improve the current system, the University Gender and Development Office is presently evaluating the gaps in the implementation of the UDIS. Doing so calls for a reevaluation of administrative systems to underscore the important values of consent and respect.
As she has observed that most cases are student-to-student, Villasanta emphasizes the need to reinforce policies that allow Ateneans to establish personal and shared boundaries.
For Deloria, meanwhile, having a survivor-centric approach is crucial in genuinely providing support for SGBV victims. “When you validate someone’s story, you’re really caring for [the] entire person and for [their] well-being,” she asserts.
In line with the latest Semi-Annual Report, the UODI lists a set of recommendations to improve the current system. This includes further coordination with appropriate offices for further care and the improvement of onboarding and first response training for newly-hired employees. While it also recommends expediting investigations by revisiting administrative rules, the report did not discuss these in detail nor provide specific office- or school-related concerns.
Subsequently, UGH is reviewing and strengthening its systems of care and support for issues related to LGBTQ+ and gender-based discrimination, especially those regarding gender-based inappropriate remarks. They also plan on expanding their services to include support groups for Ateneo’s queer community.
Responding to grave SGBV cases is a balancing act among due process, transparency, and fairness. In the pursuit of a safer school community, constantly lobbying for more caring and holistic systems of justice becomes all the more crucial.
