El régimen jurídico aplicable al procedimiento disciplinario en materia de hostigamiento sexual en las universidades

Abstract

This article means to analyze the disciplinary regime applicable to cases of sexual harrasment in Peruvian universities, in our constitutional system the sanctioning power of the public administration has not been recognized expressively, leaving it to the Constitutional Court, through diverse pronouncements, to declare that the practice of this power ends up being constitutional, as long as the minimum guarantees of the Sanctoning Administrative Law are respected. Currently, we have the Unique and Orderly Text of the Law, approved by Supreme Decreet N° 004-2019-JUS. The importance of the establishment of this regime in the case of Peru is undeniable, for from the validity of the LPAG it’s been possible to establish which are the limits and reach of the Sanctioning Administrative Law, making it clear that, even if it has differences with Criminal Law, it can share the application of some institutions and principles that are of use to the adequate functioning of the system and an proper application of ius puniendi of the State. In this sense, in the particular case of the sexual harrasment cases, in article 90 of the University Law, it has been established that preemptive measures can be dictated, which includes the possibility of the professor being “preemptively separated without perjury of the sanction to be imposed”, this regime reaching public universities as well as public ones.