CHED Citizen - S Charter - Brochure 42 44

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Filing of Complaints, Appeals or Motions for Reconsideration

The Legal and Legislative Service (LLS) acts on complaints filed against CHED personnel, or those
filed by any stakeholder concerning violations of CHED rules and regulations

Legal and Legislative Service (LLS) -


OFFICE OR DIVISION Investigation and Enforcement Division (IED)/
Legislative, Liaison and Mediation Division (LLMD)
CLASSIFICATION Highly Technical
TYPE OF TRANSACTION G2C - Government to Citizen
WHO MAY AVAIL CHEDRO, Higher Education Institutions, Complainant/Requesting Party

REQUIREMENTS WHERE TO SECURE


1 Written Complaint to be submitted by Individuals/PHEIs

HOW TO AVAIL OF THE SERVICE


FEES TO PROCESSING PERSON
CLIENT STEPS AGENCY ACTION
BE PAID TIME RESPONSIBLE
Submit written Receive the letter-complaint and
1 1 None 10 minutes LLS-IED Staff
complaint forward to the Director for evaluation
Refer the complaint to the staff for
appropriate action:
• May be referred for Mediation
Wait for the • May be referred to HEI or
advice to 2.1 other concerned Office for 1 day LLS Director
perform any of appropriate action
the following: • May be referred to Fact-Finding
• prepare a (Please refer to procedures in
position fact-finding)
paper or Send a letter to respondent HEI
meet for a giving five (5) days from date of
2 2.2 None
clarificatory receipt to file a response together
meeting with supporting documents
• attend Upon receipt of response,
mediation send acknowledgement letter to
• wait for the LLS-IED Staff
respondent HEI and a letter to 5 days
result of a LLS Director
complainant furnishing a copy of
fact-finding 2.3 the respondent HEI’s reply with the
investigation option for the complainant to file
a position paper or meet with
the respondent HEI for a
clarificatory meeting.
Upon submission of position paper
File position
or conduct of clarificatory hearing,
paper or attend
3 3.1 submit a report with findings and None 12 days LLS-IED Staff
the clarificatory
recommendations resolution and
hearing
notify the parties.
18 Working
TOTAL None
Days

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Central Office External Services 36
FILING OF COMPLAINTS, APPEALS OR MOTIONS FOR RECONSIDERATION

HOW TO AVAIL OF THE SERVICE


FEES TO PROCESSING PERSON
CLIENT STEPS AGENCY ACTION
BE PAID TIME RESPONSIBLE
FOR MEDIATION
Review/Evaluate the letter of
4.1
complaint and instruct LLMD to:
Prepare invitation letter addressed
to both parties with scheduled dates
4.2
and confirm availability for mediation
Wait for
conference if mediatable.
notice of
4 Or Indorse complaint to the concerned None 4 days Director IV
schedule of
mediation CHEDRO for mediation with the advice
to furnish the LLS with the result
4.3 of the mediation proceedings three
days after termination. If complaint
needs further review, recommend
investigation/fact-finding
FOR MEDIATION IN CHED CENTRAL OFFICE:
If one of the parties or both parties
fail to appear in the scheduled
mediation meeting, schedule another
meeting upon request of the parties
5.1
(maximum of 2 requests allowed).
Failure to attend the meetings after
two (2) resets shall result to failure of
the mediation.
If the parties, during the mediation Legal
conference fail to come up with Assistant I
an amicable agreement to settle
5.2 the issue/s, but agree on the and
Appear to conduct of another mediation
the venue conference, schedule another Director IV
5 mediation conference. None 6 days
assigned by
the LLS If the mediation is successful, Legal
prepare and secure the signatures Assistant I
of both parties in the mediation
5.3 Assigned
agreement in accordance with the
agreement arrived at, and provide Mediator
copies to the parties
If mediation failed (no amicable
settlement), inform the complainant
of other possible options, endorse
5.4 to the Investigation and Enforcement
Division (IED) for further investigation
and appropriate action; or file a
complaint to the proper forum.

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Central Office External Services 37


FILING OF COMPLAINTS, APPEALS OR MOTIONS FOR RECONSIDERATION

HOW TO AVAIL OF THE SERVICE


FEES TO PROCESSING PERSON
CLIENT STEPS AGENCY ACTION
BE PAID TIME RESPONSIBLE
If mediation is
successful, sign the
Mediation Agreement
and receive a copy Keep records of the
6 6 None 1 day LLS-IED Staff
proceedings and documents
If mediation failed, sign
the Mediator’s Report
and receive a copy
11 Working
TOTAL None
Days
PHASE 2: FOR FACT-FINDING INVESTIGATION
Receive the request for fact-
Submit request for fact- finding investigation and
7 7.1 None 2 hours LLS-IED Staff
finding investigation forward to the Director for
evaluation.
For complaints where
FFI is not appropriate,
send a letter of response LLS Director/
to requesting party. LLS-IED Staff/
8.1 3 days
Otherwise, recommend a Executive
creation of Fact Finding Director
Team (FFT) for approval by
the Executive Director
Upon the approval of the
creation and composition
of the FFT, prepare the
logistics and other
8.2 1 day LLS-IED Staff
documents needed for the
investigation, coordinate
Wait for letter of
8 the FFI to the CHEDRO None
response
concerned
Fact Finding
8.3 Conduct the FFI. 2 days
Team
Prepare a report with
recommendation for a
8.4 3 days LLS-IED Staff
resolution to be endorsed
to the CEB for approval.
Deliberate the matter,
8.5 approve and sign 9 days CEB/ComSec
the resolution.
Release the document to
8.6 CHED Records and keep a 1 day LLS-IED Staff
duplicate copy on file.
Record and release the AFMS/Records
9 Receive endorsement 9 None 30 minutes
endorsement order Officer
20 Working
TOTAL None
Days
Central Office External Services 38

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