Sin Verguenza?

My alma mater, the Ateneo de Manila University, of which I am most proud, takes, I am made to understand, a "very protective" attitude when it comes to alleged sexual harassment of its students, this from a school official I’ve talked to.

Since Loyola does not brook any gender discrimination, I take this to mean that the school is as protective of male, as it is of female, students. But considering that the majority of cases of alleged sexual harassment involve female victims, I take it too that Ateneo goes all out to see to it, if at all possible, that no student suffers such harassment, in addition to the pressure cooker atmosphere most Ateneo students already have to endure until they "stand on the hill’ and graduate.

But in one case in regard to which I have seen some documents, it is arguable that school officials have dropped the ball, so far at least. It appears the case involves one Luis Moratinos y Munoz, apparently a Third Secretary and Political Affairs Officer of the Delegation of the European Commission to the Philippines.

Mr. Moratinos, a Spanish national and part-time teacher at the Ateneo, used to handle a course on European Union policies and institutions. I am not saying Mr. Moratinos is necessarily a sexual predator or is guilty of violating University policies or the "Anti-Sexual Harassment Act of 1995" (Republic Act No. 7877).

What I am saying is that a University committee looking into the case found that Moratinos "may have violated University policy and the Anti-Sexual Harassment Law." In addition, the victim, whose privacy we shall protect under the pseudonym "Jessica," has filed a criminal complaint for sexual harassment with the office of the Quezon City Prosecutor.

The facts, as alleged by Jessica, are all too familiar. She is a college student who received a failing grade in the subject handled by Mr. Moratinos. She not only disputed that grade but filed a formal complaint with the department chair. She also asked to talk to her professor to find out what happened. He responded by email and telephone that he wanted to set an appointment in order to discuss how the grade could be "adjusted."

In their conversation, as charged by Jessica, the professor acknowledged that she "did well" in the papers she submitted and that he could "actually change" her grade. However, he added, Jessica had "to do something." When asked what that "something" was, he supposedly replied he could even give her an A if she "had sex" with him and then offered that he would arrange a scholarship for her. Jessica said she refused and hurriedly walked away.

What is the response of Moratinos to these charges? Well, that’s the problem. The University committee evidently gave him 48 hours within which to submit a response, and a hearing was set to afford him an opportunity to explain himself "as part of due process." But instead of replying to the charges, Mr. Moratinos resigned, and ceased to conduct the classes assigned to him. The record is thus bereft of his side in the case.

Since the administrative case had already been brought by Jessica, at tremendous risk and embarrassment to herself, the University should have told Moratinos that his resignation letter would be held in abeyance until the investigation was complete and a final resolution reached. An accused professor should not be allowed to stop an important inquiry such as this dead in its tracks by the simple expedient of resigning.

Getting lost was not an option that Moratinos could assume he had. Under Section 3 of the Anti-Sexual Harassment Act, sexual harassment is committed, among other ways, by a "…teacher, instructor, professor…who, having authority, influence or moral ascendancy over another in (an)…education environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted…"

And in subsection (b) of Section 3, the law makes clear that in an "education or training environment, sexual harassment is committed…when the sexual favor is made a condition to the giving of a passing grade, or the granting of honors and scholarships…"

The penalty for sexual harassment is imprisonment of from one to six months, or a fine of from P10,000 to P20,000, or both, at the discretion of the court.

If true, the allegations of Jessica constitute a textbook case of sexual harassment and Moratinos should not simply be allowed to resign. The book should be thrown at him and he should be declared persona non grata by the Philippine government. After serving time in Muntinlupa, this guy should be kicked out of the country as a totally undesirable alien. A self-proclaimed macho conquistador like this, if he’s guilty, we clearly don’t need, especially in an educational environment such as the Ateneo.

In December of last year, Jessica, in a letter to the University fact-finding committee which was also signed by her father, who is a distinguished Ateneo alumnus in his own right, and her mother, inquired about that committee’s formal resolution of the case. They have not yet received a response.

I still trust my alma mater to act correctly and resolutely in this case. But I’m following it to its conclusion. Abangan.