Professor seeks TRO

By: Ador Vincent S. Mayol September 09,2014 - 08:20 AM

A university professor went to court to stop a detractor from conducting an administrative investigation against him.

In his complaint filed before the Regional Trial Court last Friday, the professor questioned the appointment of the chairperson of the Committee on Decorum and Investigation (CODI) of the university.

The petitioner, through his lawyer Florencio Liong Jr., said he could not expect a fair investigation from CODI, which is handling a complaint of sexual harassment against the professor.

Cebu Daily News is withholding the names of the petitioner and the defendants pending their comments.
“Among the requisites of an administrative due process state among others that the tribunal so constituted should give him reasonable assurance of honesty and impartiality, and one with competent jurisdiction which is definitely absent in the questioned CODI,” he said.

The professor earlier asked the CODI chairman to inhibit himself from handling the complaint but the request was denied.

The professor said that he and the CODI chairperson had previous conflicts which may affect the conduct of the investigation

The professor is asking the court to issue a temporary restraining order (TRO) and an injunction to stop the CODI from conducting a probe.

Last July 30, the petitioner said the university president appointed the CODI chairperson. He said the order amended another CTU memorandum that created the CODI.

The petitioner said the CTU Code states that only the university director, and not the president, can appoint the composition of the CODI.

“Hence, the CODI created by the respondent is not competent for want of jurisdiction,” the complainant said.

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TAGS: Temporary Restraining Order

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