OCCUPATIONAL DEVIANCE

NILUFER GULER IS A WAITRESS, BUT SAYS SHE FEELS MORE LIKE A SEX WORKER
AT TIMES.
ON THE SECOND DAY IN A NEW JOB, A TABLE OF WEALTHY, SUITED MEN SAID THEY WOULD "BUY
HER" OFF HER MANAGER SO SHE COULD EAT EXPENSIVE STEAK WITH THEM.
THEY ASKED IF SHE HAD AN INTIMATE PIERCING AND STARED AT HER THROUGHOUT THEIR MEAL.
"IT'S SO DISRESPECTFUL BUT I COULDN'T COMPLAIN. IT'S A VERY PRECARIOUS INDUSTRY," SHE SAYS.
AND SHE'S NOT ALONE.
TWO IN FIVE WOMEN IN THE UK SAY THEY HAVE EXPERIENCED UNWANTED SEXUAL BEHAVIOR AT
WORK AND ONLY A QUARTER OF THEM REPORTED IT, A BBC SURVEY HAS FOUND.
AMONG MEN, ONE IN FIVE (18%) SAID THEY HAVE BEEN HARASSED AT WORK.
THE POLL OF MORE THAN 6,000 MEN AND WOMEN, ONE OF THE LARGEST EVER CONDUCTED INTO
SEXUAL HARASSMENT IN THE WORKPLACE, SUGGESTED THOSE WHO WORK FLEXIBLY ARE MORE
LIKELY TO ENCOUNTER THIS TYPE OF BEHAVIOR.
OF THOSE IN FLEXIBLE WORKING - INCLUDING THOSE ON ZERO HOURS CONTRACTS, SELF
EMPLOYED, FREELANCERS AND GIG ECONOMY WORKERS - 43% HAD EXPERIENCED SOME
FORM OF SEXUAL HARASSMENT AT WORK.
IT'S A SITUATION CAMILLE UKPANAH FROM LONDON CAN RELATE TO.
THE 24-YEAR-OLD WORKED AS A BARTENDER AND WAITRESS FOR AN AGENCY. SHE SAYS
GUESTS WOULD MAKE DEROGATORY REMARKS TOWARDS HER AND HER COLLEAGUES, AND
SHE ONCE SAW A MAN TRYING TO PULL UP HER COLLEAGUE'S SKIRT IN A ROOM FULL OF
PEOPLE.
"THE GIRL HAD TO KEEP WORKING OTHERWISE SHE WOULDN'T HAVE GOT PAID," SHE SAYS.
WHEN SHE WENT TO THE AGENCY, SHE SAYS SHE WAS MET WITH A COLD RESPONSE.
"YOU EXPLAIN CERTAIN THINGS THAT HAPPEN BUT THEY BRUSH IT OVER. THEY WOULD SAY 'IF
YOU WANT TO LEAVE, YOU CAN GO - THERE ARE SO MANY PEOPLE LOOKING FOR WORK.'"
'WOMEN ARE DISEMPOWERED'
WAITRESS NILUFER GULER AGREES.
"WITH THE USE OF ZERO HOUR CONTRACTS, AGENCY WORK AND UNFAIR TIPPING
SCHEMES IT'S NO SURPRISE THAT SEXUAL HARASSMENT IS RIFE IN THE INDUSTRY."
"THEY TAKE POWER AWAY FROM WORKERS SO THAT THEY CANNOT DEMAND BETTER
CONDITIONS. THEY CAN'T COME FORWARD ABOUT SEXUAL HARASSMENT AND WIN."
SHE SAYS SHE BELIEVES THERE IS HOSTILITY TOWARDS UNIONS AND DEMOCRACY IN THE
HOSPITALITY INDUSTRY.
"THIS IS WHY THERE'S NO AVENUE FOR WAITRESSES TO SPEAK OUT, NO PROCESS OF
ACCOUNTABILITY... THIS IS WHY WE NEED TO FORM UNIONS AND WORK COLLECTIVELY TO
BRING AN END TO SEXUAL HARASSMENT AND ITS NORMALIZATION."
THOSE TAKING PART IN THE SURVEY WERE ASKED ABOUT THE MOST COMMON BEHAVIORS
THEY HAD FACED, RANGING FROM UNWELCOME JOKES TO PORNOGRAPHY AND RAPE.
• THE PUBLIC SPOTLIGHT HAS BEEN FOCUSED ON SEXUAL HARASSMENT SINCE OCTOBER
WHEN HOLLYWOOD HEAVYWEIGHT HARVEY WEINSTEIN WAS FIRST ACCUSED OF
HARASSMENT AND ASSAULT.
• THE STORY SNOWBALLED AS A-LISTERS GWYNETH PALTROW, ANGELINA JOLIE AND
CARA DELEVINGNE ADDED THEIR NAMES TO A LONG LIST OF WOMEN CLAIMING
WEINSTEIN HAD PREYED ON THEM.
• THE SCANDAL DEEPENED AS MEN AND WOMEN SHARED THEIR OWN EXPERIENCES AT
THE HANDS OF POWERFUL MEN IN HOLLYWOOD, ON TV AND BEYOND, CULMINATING
IN THE #METOO TWITTER CAMPAIGN, WHICH SAW PEOPLE ACROSS THE WORLD TELL
THEIR STORIES.
• FOR THOSE WHO HAVE SPENT DECADES IN THE WORKPLACE, THE
WHOLE IDEA OF SEXUAL HARASSMENT AT WORK IS RELATIVELY NEW,
BUT ONE THAT HAS PROMPTED REFLECTION.
• THOSE POLLED WERE ASKED IF THEY AGREED THAT: "LOOKING BACK
OVER MY WORKING LIFE, I HAVE WITNESSED BEHAVIOUR THAT I
NOW BELIEVE TO CONSTITUTE SEXUAL HARASSMENT BUT DIDN'T
THINK IT AT THE TIME."
• FOUR IN 10 (42%) OVER-55S AGREED. AMONG THOSE NEAR THE
START OF THEIR WORKING LIVES (18 TO 34-YEAR-OLDS), THREE IN
10 FELT THE SAME WAY.
• MEG, WHO DID NOT WANT TO GIVE HER SURNAME, SAID SHE
BELIEVED CHANGE WAS ALREADY UNDER WAY, AS PEOPLE HAD
BEGUN TO TALK ABOUT THINGS AS "UNACCEPTABLE".
• "A FEW YEARS AGO, IT WAS JUST LIKE 'OH, HE'S JUST A DIRTY OLD
MAN AND THAT'S WHAT HAPPENS'".
• HER FRIEND, MAUREEN, AGREED. "IT SOUNDS SHOCKING BUT WE
DIDN'T USE THE TERM ASSAULT, WE WERE MOLESTED.
• "YOU WERE MOLESTED IN TRANSPORT, IN PUBS, IN SOCIAL
GATHERINGS. IT WAS NORMAL."
• THERE WAS A GENERAL OPTIMISM AMONG MOST PEOPLE SURVEYED THAT
THE RECENT SCANDAL WOULD BRING SUSTAINED IMPROVEMENTS IN
BEHAVIOUR, BUT ALMOST A THIRD THOUGHT THE SCANDALS WERE
IRRELEVANT TO PEOPLE'S BEHAVIOUR.
• CONFIDENCE THAT THINGS WOULD CHANGE WAS HIGHEST AMONG
YOUNGER PEOPLE - THREE QUARTERS OF 18 TO 34-YEAR-OLDS EXPECTED TO
SEE LONG-TERM CHANGES IN BEHAVIOUR, WHILE ABOUT A THIRD OF OVER-
65S HAD THEIR DOUBTS.
• OFFICE WORKER HONEY JAMIE SAID: "IT IS FANTASTIC THAT SO MANY
STRONG WOMEN ARE NOW BANDING TOGETHER. AND THEY REFUSE TO
ACCEPT IT.
• "IT'S GREAT THAT SO MANY PEOPLE ARE STANDING UP AGAINST IT, BUT IT'S
SAD THAT WE STILL HAVE TO," SHE SAID
PHILIPPINES
 XAVIER UNIVERSITY LAW PROF SUSPENDED FOR SEXUAL HARASSMENT
GAEA KATREENA CABICO (PHILSTAR.COM) - JULY 10, 2019 - 1:40PM

MANILA, PHILIPPINES — STRESSING THAT HE ABUSED THE POWER HE POSSESSED OVER

THE VICTIMS, THE SUPREME COURT SUSPENDED A LAWYER AND LAW PROFESSOR FOR
MAKING SEXUAL ADVANCES TO HIS STUDENTS AT XAVIER UNIVERSITY IN CAGAYAN DE
ORO CITY.
THE SC EN BANC SUSPENDED CRESENCIO CO UNTIAN JR. FROM LAW PRACTICE FOR FIVE
YEARS AND PROHIBITED HIM FROM TEACHING LAW IN ANY SCHOOL FOR 10 YEARS.
THIS IS A GRAVER PENALTY THAN THE TWO-YEAR SUSPENSION PREVIOUSLY IMPOSED BY
THE INTEGRATED BAR OF THE PHILIPPINES IN 2017.
THE HIGH COURT WARNED UNTIAN THAT A REPETITION OF THE SIMILAR ACT WILL BE
DEALT WITH MORE SEVERELY.
COMPLAINT
• THREE FEMALE STUDENTS AT XAVIER UNIVERSITY FILED A COMPLAINT AGAINST UNTIAN FOR
SEXUAL HARASSMENT IN 2002.
• ONE OF THE FEMALE STUDENTS SAID UNTIAN SENT HER ROMANTIC MESSAGES, POEMS
AND LOVE NOTES AND INVITED HER TO GO TO CAMIGUIN, AN OFFER SHE TURNED DOWN.
• THE OTHER COMPLAINED THAT THE LAW PROFESSOR SHOWED HER A NAKED PICTURE OF A
WOMAN THAT SEEMINGLY RESEMBLED HER AND TEASED HER WITH THE PHOTO WITHIN
EARSHOT OF OTHER STUDENTS.
• THE THIRD COMPLAINANT SAID SHE ASKED THE UNTIAN TO REPEAT A QUESTION A SAYING
“COME AGAIN” DURING A CLASS RECITATION. THE PROFESSOR SUPPOSEDLY RESPONDED:
“WHAT? YOU WANT ME TO COME AGAIN? I HAVE NOT COME THE FIRST TIME AND DON’T
YOU KNOW THAT IT TOOK ME FIVE MINUTES TO COME, AND YOU WANT ME TO COME
AGAIN?”
• THE COURT RULING SAID UNTIAN’S RESPONSE WOULD SHOW THAT HE
“SUBSTANTIALLY” ADMITTED THE ACCUSATIONS AGAINST HIM, ALTHOUGH
PROVIDING JUSTIFICATIONS FOR THEIR ACTS.
• THE LAW PROFESSOR EXPLAINED THAT ADDING “LUV U” AND “MISS U” TO HIS
MESSAGES TO THE FIRST STUDENT WAS DONE “WITHOUT MALICE ESPECIALLY
CONSIDERING THAT THEY WERE MISSPELLED.”
• FOR THE SECOND INCIDENT, UNTIAN SAID HE SHOWED THE PHOTOGRAPH “IN THE
SPIRIT OF THEIR OPEN AND UNINHIBITED RELATIONSHIP.”
• AS FOR THE INCIDENT WHEN HE INFUSED SEXUAL INNUENDO IN A RECITATION,
UNTIAN SAID HE JUST INJECTED HUMOR DURING CLASS.
‘ABUSE OF HIS POSITION OF AUTHORITY’

• THE INITIAL RULING OF IBP SAID UNTIAN WAS NOT GUILTY OF

VIOLATING REPUBLIC ACT 7877 OR THE SEXUAL HARASSMENT ACT
BECAUSE THERE WAS NO EVIDENCE TO SHOW THE LAW
PROFESSOR DEMANDED OR REQUESTED SEXUAL FAVORS FROM THE
COMPLAINANT.
• BUT THE SC DECISION PENNED BY ASSOCIATE JUSTICE JOSE REYES
JR. STRESSED IT IS NOT NECESSARY THAT THERE WAS AN OFFER
FOR SEX FOR THERE TO BE SEXUAL HARASSMENT.
• “CLEARLY, RESPONDENT ABUSED THE POWER AND AUTHORITY HE POSSESSED
OVER THE COMPLAINANTS. HIS SEXUALLY LACED CONDUCT HAD CREATED A
HOSTILE AND OFFENSIVE ENVIRONMENT WHICH DEEPLY PREJUDICED HIS
STUDENTS. IN WHAT WAS SUPPOSED TO BE A SAFE PLACE FOR THEM TO LEARN
AND DEVELOP, THEY WERE INSTEAD SUBJECTED TO UNWARRANTED SEXUAL
ADVANCES,” THE COURT RULING SAID.
• “WHAT MAKES RESPONDENT’S ACT OF SEXUAL HARASSMENT EVEN MORE
REPREHENSIBLE IS THE FACT THAT HE IS BOTH A PROFESSOR AND A MEMBER OF
THE LEGAL PROFESSION,” IT ALSO STRESSED.
• UNDER RULE 1.01 OF THE CODE OF PROFESSIONAL RESPONSIBILITY, A LAWYER
SHALL NOT ENGAGE IN AN UNLAWFUL, DISHONEST, IMMORAL OR DECEITFUL
CONDUCT.
• “RESPONDENT, AS A MOLDER OF MINDS OF SOON-TO-BE
LAWYERS SHOULD GUIDE HIS STUDENTS TO BEHAVE AND ACT IN A
MANNER CONSISTENT WITH THE LOFTY STANDARDS OF THE LEGAL
PROFESSION. INSTEAD, HE ABUSED HIS POSITION OF AUTHORITY
CREATING AN OFFENSIVE AND UNCOMFORTABLE ATMOSPHERE IN
SCHOOL,” THE DECISION READ.
• IN A SEPARATE CONCURRING OPINION, ASSOCIATE JUSTICE
MARVIC LEONEN SAID THE RULING ACKNOWLEDGES THE
PERSISTENCE OF PATRIARCHY IN THE SOCIETY.
• “THE HISTORICAL AND CULTURAL EXPRESSION OF MALE PRIVILEGE—OR
SIMPLY, THE PRIVILEGE OF MALES QUA MALES OVER FEMALES QUA FEMALES—
STILL EXISTS. IT IS A POWERFUL, DOMINANT, MOLDING ATTITUDE THAT IS
NEFARIOUSLY MANIFESTED WHEN DEMEANING AND DISTRESSING
REPRESENTATIONS OF ANY WOMAN, ESPECIALLY WHEN CLEARLY IDENTIFIED,
ARE DISGUISED AS JOKES,” LEONEN SAID.
• HE ADDED: “WHILE NORMALLY ENTERTAINING FOR MOST MEN, THIS IS
GENERALLY CALLOUS TO WOMEN, WHOSE DIGNITY MAY SUFFER.”
ORGANIZATIONAL DEVIANCE
 CHINESE ENGINEER ACCUSED OF STEALING U.S. TRAIN MAKER'S SECRETS
BY JANAN HANNA
JULY 12, 2019, 4:26 AM GMT+8

• A SOFTWARE ENGINEER FOR A LOCOMOTIVE MANUFACTURER IN A CHICAGO

SUBURB WAS CHARGED WITH STEALING TRADE SECRETS AND SHARING THEM
WITH A COMPANY IN CHINA WHERE HE NOW WORKS, ACCORDING TO U.S.
PROSECUTORS.
• XUDONG “WILLIAM” YAO, 57, WAS ACCUSED IN AN INDICTMENT OF NINE COUNTS
OF TRADE SECRETS THEFT AND IS BELIEVED TO BE LIVING IN CHINA, PROSECUTORS
SAID IN A STATEMENT THURSDAY. YAO, WHO WAS BORN IN CHINA BUT WAS A
NATURALIZED U.S. CITIZEN, ALLEGEDLY STOLE COPIES OF MORE THAN 3,000
ELECTRONIC FILES THAT CONTAINED PROPRIETARY TECHNICAL INFORMATION AND
SOFTWARE SOURCE CODE, ACCORDING TO THE STATEMENT. THE CHICAGO-AREA
COMPANY WASN’T IDENTIFIED.

• THE THEFT BEGAN JUST TWO WEEKS AFTER YAO BEGAN WORKING FOR THE U.S.
COMPANY IN 2014 AND LASTED FOR ABOUT SIX MONTHS UNTIL FEBRUARY 2015,
ACCORDING TO THE INDICTMENT. DURING THAT PERIOD, YAO ALLEGEDLY SOUGHT
AND LATER SECURED A JOB WITH A CHINESE COMPANY THAT PROVIDES AUTOMOTIVE
GPS-LOCATING SYSTEMS. THE CHINESE COMPANY ALSO WASN’T IDENTIFIED.
• YAO WAS FIRED FROM THE CHICAGO-AREA COMPANY FOR UNRELATED
REASONS A FEW MONTHS BEFORE HE LEFT FOR CHINA. HE ALLEGEDLY TOOK
NINE COPIES OF THE STOLEN SOURCE CODE AND INFORMATION ABOUT HOW
THE CODE WORKED, ACCORDING TO THE INDICTMENT. YAO WAS CHARGED
IN DECEMBER 2017, BUT THE INDICTMENT REMAINED SEALED UNTIL
WEDNESDAY, ACCORDING TO PROSECUTORS.
PHILIPPINES
SOMEONE’ FROM LOCAL SCHOOL BOARD ORDERED CAPITOL EMPLOYEE TO
CLEAN OUT STORAGE AREA —PGSO
BY ROSALIE ABATAYO|JULY 10,2019 - 06:40 PM
• CEBU CITY, PHILIPPINES — THE CAPITOL EMPLOYEE, WHO ALLEGEDLY SOLD
P34,000 WORTH OF SCHOOL SUPPLIES AND HISTORY BOOKS TO A JUNK SHOP
IN MANDAUE CITY, TOOK ORDERS FROM “SOMEONE” FROM THE LOCAL SCHOOL
BOARD.
• THIS WAS REVEALED BY BERNARD CALDERON, ACTING CHIEF OF THE PROVINCIAL
GENERAL SERVICES OFFICE (PGSO), ON WEDNESDAY, JULY 10, 2019.
• CALDERON SAID THE EMPLOYEE, DURING THE INITIAL INVESTIGATION, IDENTIFIED
THE PERSON WHO INSTRUCTED HIM TO “CLEAR” THE STORAGE AREA OF THE
PROVINCE-OWNED HOPE CENTER IN BARANGAY BANILAD, CEBU CITY.
• THE SCHOOL SUPPLIES AND THE HISTORY BOOKS WERE STORED IN THE HOPE
CENTER.
• CLOSE TO 800 SETS OF SCHOOL SUPPLIES AND OVER 100 HISTORY
BOOKS WERE PROCURED IN 2018 BY THE PROVINCIAL GOVERNMENT
FOR THE LOCAL SCHOOL BOARD AND WAS SUPPOSED TO BE
DISTRIBUTED TO PUBLIC ELEMENTARY SCHOOLS IN THE PROVINCE FOR
THE OPENING OF CLASSES LAST JUNE 2019.
• HE SAID THE EMPLOYEE, WHO HAS A REGULAR PLANTILLA POSITION AND
HAS BEEN WITH THE CAPITOL FOR 33 YEARS, HAS TAKEN ORDERS FROM
A PERSON FROM THE PROVINCIAL LOCAL SCHOOL BOARD.
• CALDERON SAID THEY WILL NOT REVEAL THE IDENTITY OF THE INVOLVED
PERSONS AS AN INVESTIGATION IS ALREADY BEING CONDUCTED.
• CALDERON HAS ENDORSED THE CASE OF THE EMPLOYEE AND THE PERSONNEL
FROM THE SCHOOL BOARD TO THE CAPITOL’S COMMITTEE ON DISCIPLINE AND
INVESTIGATION (CODI).
• IN EXECUTIVE ORDER NO. 3 ISSUED ON JULY 9, GOVERNOR GWENDOLYN GARCIA
HAS NAMED THE NEW COMPOSITION OF THE PROVINCIAL GOVERNMENT’S CODI.
• LAWYER RITCHIE CAPAHI, ATTORNEY IV OF THE PROVINCIAL LEGAL OFFICE (PLO),
WAS NAMED AS THE CHAIRMAN OF THE CODI.
• HIS MEMBERS INCLUDE LAWYER ROSE ARNADO OF THE PLO, PROVINCIAL
ADMINISTRATOR NOLI VINCENT VALENCIA, AND MARIA TERESA REDOBLE OF THE
PROVINCIAL EMPLOYEES ASSOCIATION OF CEBU (PEACE).
• PENDING INVESTIGATION, THE EMPLOYEE IS CURRENTLY ON “FLOATING STATUS”
AND WAS ORDERED TO REPORT TO THE PGSO CAPITOL WAREHOUSE INSTEAD OF
HIS ASSIGNMENT AT THE HOPE CENTER.