INTERNAL COMPLAINT COMMITTEE

INTERNAL COMPLAINT COMMITTEE VISION To cultivate the awareness of the exploitation of women and empower them to be fit for the challenging need ahead. MISSION To work towards the upliftment of women, encourage them to bring out their inner talents and abilities and create in them hope in their innate abilities to build their home and the society around them.

In accordance with the provisions in the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 the current composition of Internal Complaints Committee of Sarah Tucker College (Autonomous), Tirunelveli is as follows:

POLICY AGAINST SEXUAL HARASSMENT OF WOMEN

I. Preamble

The Parliament of India passed the “Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act,” in the year 2013. The ACT provides Protection against sexual harassment of women at workplace and for the prevention and Redressal of complaints of sexual harassment and for the matters connected therewith or Incidental thereto.

The guidelines explicitly state the following:

“It shall be the duty of the employer or other responsible persons in workplaces or other institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolutions, settlement, or prosecution of acts, of sexual harassment by taking all steps require.”

                Educational institutions are also bound by the Supreme Court’s directive and the Act. The College is committed to creating and maintaining an environment which is free of all forms of gender violence, sexual harassment, and discrimination on the basis of sex/gender. Following this, the institute is committed to uphold the Constitutional mandate ensuring the above mentioned human rights of all those who fall within its jurisdiction. As directed by the act College has constituted a Committee called “Internal Complaint Committee of Sexual Harassment Prevention & Women’s Grievance Redresseal”.

II. Objectives

The objectives of the Internal Complaint Committee to Prevent Sexual Harassment of Women at the Workplace are as follows:

• To ensure the implementation of the policy in letter and spirit through proper reporting of the complaints and their follow-up procedures.
• To uphold the commitment of the College to provide an environment free of gender based discrimination.
• To create a secure physical and social environment to deter any act of sexual harassment.
• To promote a social and psychological environment to raise awareness on sexual harassment in its various forms.

III. The Definition of Sexual Harassment

According To The Sexual Harassment Of Women At The Workplace (Prevention, Prohibition And Redressal) Act 2013, Sexual Harassment includes any one or more of the following unwelcome acts or behaviour.

      Any act falling under the purview of following cases will be considered as an incident of sexual harassment (Clarification of Unwelcome acts or behavior):

• Interfering with her work or creating an intimidating, offensive, or hostile environment for her.
• When deprecatory comments, conduct or any such behaviour is based on the gender identity/sexual orientation of the person and/or when the premises or any public forum of the institute is used to denigrate/discriminate against person(s), or create a hostile environment on the basis of a person’s gender identity/sexual orientation.
• When a person shows any humiliating treatment to woman that is likely to affect her health and safety.
• Teaching activities or explanation of various issues related to fertility, reproductive health and other research topics in a scientific manner will not be considered as harassment.

IV. Power and Duties of the Committee

The committee is NOT to act as a moral police; neither will it intrude on anyone’s privacy. The role of the Committee is to create awareness about sexual harassment and to deal with and recommend punishment for non-consensual acts of sexual harassment, and not to curtail sexual expression within the campus. Members are expected to be sensitive to the issue and not let personal biases and prejudices (whether based on gender, caste, class) and stereotypes (e.g., predetermined notions of how a “victim” or “accused” should dress up or behave) affect their functioning as members of the committee.

A. Preventive

1. To create and ensure a safe environment that is free of sexual harassment, including safety from persons/visitors coming into contact at the workplace.
2. To publicize the policy in English widely, especially through notice boards.
3. To publicize in English, the names and phone numbers of members of the Committee.

B. Gender Sensitization

      Gender Sensitization involves creating awareness about issues of gender and sexuality and working towards and creating an enabling environment of gender justice where all can work together with a sense of personal security and dignity. Sensitization and Awareness will be a basic function of the Committee formed. The following is a list of methods in which awareness and sensitization of students, staff and faculty will be conducted:

1. An orientation seminar will be organized to discuss the nature and scope of the sexual harassment of women at the workplace (Prevention, Prohibition and Redressal) Act 2013, once in the academic year.
2. Spreading awareness of the policy and implementation of the same through informal sessions, performances, cultural events, etc., about the policy being implemented by the college.

V. Constitution of the Enquiry Committee

  The Enquiry Committee will be a part of the main Committee with the following criteria -

1. When COMPLAINANT is a Student: The presence of two student members (one male and one female) is mandatory along with Chairperson (female member), one Faculty member, and the External Member.
2. When the COMPLAINANT is a Faculty: Presence of two Faculty members (one male and one female) is mandatory along with Chairperson (female member), one Staff Member, and the External Member.
3. When the COMPLAINANT is a Staff: Presence of two staff members (one male and one female) is mandatory along with Chairperson (female member), one Faculty Member, and the External Member.
4. When the COMPLAINANT is any other Visitor: Presence of one Staff member, one Student member, Chairperson (female member), one Faculty Member, and the External Member is mandatory.

VI. Disciplinary Actions

Enhancement of disciplinary action, by the Committee, could depend on factors such as the nature and extent of injury caused to the complainant, the impact of the violation on the institutions as a whole, the position of the harasser in the power hierarchy, repetition of offence etc.

A.

Where the Committee finds an employee (faculty, staff ) of the College involved in sexual harassment of the complainant, it can recommend disciplinary action in the form of: Warning Written apology Debarring from teaching duties or duties as a guide or examiner or as a resource person Denial of membership of statutory bodies Denial of re-employment or renewal of contract Stopping of increments/promotion Reverting, demotion Suspension Dismissal Any other relevant mechanism

 

B.

Where the Committee finds a research scholar/student(Section IV 2 c, d) of the institute is involved in sexual harassment of the complainant, it can recommend disciplinary action in the form of: Warning Written apology Debarring entry into campus Suspension for a specific period of time Withholding results Debarring from exams Expulsion Denial of admission Declaring the harasser as "persona non grata" for a stipulated period of time

 

C.

In such cases where the Committee finds a third party/outsider to be guilty of sexual harassment, the college authorities shall initiate action by making a complaint with the appropriate authority and at the college level it can recommend disciplinary action in the form of: Warning Written apology Debarring entry into the campus [NOTE: The reasons for the action have to be provided in writing. Action will be taken against person(s) who try to pressurise the complainant in any way and any pressure/threat to the committee.] In the above-mentioned reports, confidentiality of the complainants will be maintained.

VII. Redressal

1. The Committee will submit a report along with recommended disciplinary actions to the Principal.
2. The Principal upon receipt of the enquiry report shall implement the disciplinary action on the basis of the recommendations of the Committee under relevant service rules within two months.
3. The disciplinary action will be commensurate with the nature of the violation.
4. In case the complaint is not proved, the Committee shall recommend that no action is required to be taken in the matter. Mere inability to substantiate a complaint or provide adequate proof need not attract action against the complainant.
5. In such cases that are likely to be rare, where the Committee arrives at the conclusion that the allegation by the complainant is malicious or false with the full knowledge of the complainant or where the complainant has produced any forged or misleading document, the Committee may recommend punitive action against such COMPLAINANT.
6. If the Committee arrives at a conclusion that during the inquiry any witness has given false evidence or produced any forged or misleading document, it may recommend punitive action against the said witness,
7. Non-adversarial modes of redressal and resolution could also be considered in appropriate cases. Examples of this may be verbal warning, verbal apology, promise of good behaviour etc.
8. The victim of sexual harassment/COMPLAINANT will have the option to seek adjustments such as change of the room/location of the office room, etc.
9. The Committee, in exceptional cases, can ask the college to allow the complainant to proceed on leave for a period of up to one month (the leave will not be deducted from her leave account).
10. Grant such other relief to the complainant as may be prescribed.

VIII. Amendments in the Policy

1. The policy will be suitably amended as per modifications in the prevailing laws.
2. In case of need, committee may amend the policy time to time.

Who can approach ICC and file a complaint?

Any woman employee (faculty and staff including contractual, casual and temporary) of Sarah Tucker college Tirunelveli, female students, and any women residing in Sarah Tucker College Tirunelveli Campus or visiting the Campus in any capacity may file a complaint against an incident of sexual harassment.

 

How and where to file a complaint?

The person concerned can personally approach/telephone/write/e-mail to any member of ICC followed by the submission of a formal written complaint as a hard copy addressed to the Presiding Officer, ICC within 90 days of the incident about which the complaint is filed. The ICC is required to complete the process of inquiry and submit its report within 90 days of the filing of the complaint.

 

The formal complaint must contain the following:

·       Date and time of the incident

·       The place where it occurred

·       Name and contact information of the accused

·       Name and contact information of witnesses

·       Detailed description of the incident

All information related to a complaint will be kept strictly confidential.

Email:iccsarahtucker@gmail.com

As per the Supreme Court of India Directive, it is mandatory to ensure safety of women at workplace

Reports: