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Question composition of Disciplinary Committee

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2 months 4 weeks ago #11034 by Tin
Tin created the topic: composition of Disciplinary Committee
good morning. is there a CSC MC / policy re: composition of committee members for admin disciplinary cases. Thank you

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2 months 3 weeks ago #11046 by Action Officer
Action Officer replied the topic: composition of Disciplinary Committee
Dear Sir/Madam:

This has reference to your query “Is there a CSC Memorandum Circular/Police regarding the composition of committee members for administrative disciplinary cases”?. Pursuant to Section 14 of the 2017 Rules on Administrative Cases in the Civil Service (2017 RACCS), particularly in sexual harassment cases, a complaint which is filed with the Committee on Decorum and Investigation (CODI) shall be created in all national or local agencies of the government, state/local colleges and universities, including government-owned or controlled corporations with original charters shall be composed as follows:
(1) In work-related environment, a CODI shall be composed of at least one (1) representative each from the management, the accredited union, in any, the second level employees, and the first level employees, and the first level employees, duly selected by the unit concerned; and

(2) In an educational or training institution, the Committee shall be composed of at least one (1) representative from the administration, teaching and non-teaching staff and students or trainees, as the case may be, duly selected by the level concerned.

Under the same Rule, when the complaint or the person complained of is a member of the Committee, he/she shall be disqualified from being a member thereof or the complaint may be filed directly with the Civil Service Commission. It also posits that the agency may formulate its own rules governing the term of office of its members which shall be more than two (2) years, and other matters pertaining to the functions of the Committee not otherwise provided in the Rules. Consequently, it also mentioned, that the head of office who fails to create a CODI shall be charged with Neglect of Duty.

Your attention is likewise invited to Section 17 of the 2017 RACCS. The said Rule says that the disciplining authority may create an investigating committee or designate investigator for the purpose of conducting a preliminary investigation to determine the existence of prima facie case, e.i., upon receipt of a complaint observing the required form and substance provided in the same Rules.

Please be guided accordingly.

For further concerns, you may inquire in the same forum (Online Information Legal Assistance on CS Laws, Rules and Regulations) in the CSC Website.

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