Internal Complaints Committee

Internal Complaints Committee Guidelines

In fulfilment of UGC (Prevention, Prohibition and Redressal of Sexual Harassment of Women Employees and Students in Higher Education Institutions) Regulations, 2015 read with Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, the Internal Complaints Committee (ICC) of the College is constituted as under to deal with complaints relating to Sexual harassment at the work place. Our College follows a Zero Tolerance Policy towards sexual harassment. The ICC is formed as per the directives issued by Maharashtra State Commission for Women (MSCW) and University Grants Commission (UGC).  Under the Act, Internal Complaints Committee Policy is required to prevent instances of sexual harassment and also to receive and effectively deal with complaints related to such acts.

 Composition of Internal Complaints Committee

The Internal Complaints Committee must comprise of:

i) Presiding Officer: The presiding officer must be a woman employed at a senior level in the organization or workplace to work according to the Internal Complaints Committee Policy.

ii) Internal Members: At least 2 Internal Complaints Committee members must be selected from among the employees who are committed to the cause of women or who have had the experience of social work or have legal knowledge.

iii) External Member: The external member of the IC has to be selected from non-governmental organizations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment.

iv) 50% Women: At Least one-half of the total members nominated to the IC must be women.

Powers of the committee

1. The committee shall have the power to summon witnesses and call for documents or any information from any student
2. If the committee has the reason to believe that a student is capable of furnishing relevant documents of information if it may direct such person to produce such documents or information by serving a notice in writing on that person, summoning the person, or calling for such documents or information at such place and within such time may be specified in the written notice.
3. Where any relevant document or information is recorded or stored by means of a mechanical, electronic or other device, the committee shall have the power to direct the same in writing to be produced.
4. The committee shall have the power to recommend the action to be taken against any person found guilty
5. Sexually harassing the complainant
6. Retaliating against/victimizing the complainant or any other person before it and
7. Making false charges of sexual harassment against the accused person.

Functions of the committee

1. To facilitate a safe environment that is free of sexual harassment
2. To provide behaviors that creates an atmosphere that ensures gender equality and equal opportunities

Complaint Mechanism

 A Person who has been subject to Sexual Harassment may make in writing a Complaint of sexual harassment at workplace to the Committee within a period of three months from the date of incidence and in case of series of incidences within a period of three months from the date of last incidence. Provided that where such Complaint cannot be made in writing, the presiding Chairperson or any member of the ICC or the chairperson shall render all reasonable assistance to the Complainant for making the Complaint in writing.

 Remedial steps

1. To ensure that the mechanism for registering complaints is safe, accessible and sensitive
2. To take cognizance of complaints about sexual harassment, conduct enquiries, provide assistance and redressal to the victims and take action against the harasser, if necessary
3. To make arrangements for appropriate psychological, emotional and physical support in the form of counseling, security and other assistance to the victim if so desires

Redressal Procedures to be followed by the committee

• The Committee shall meet as and when any complaint is received by it. Complaint may be received by any member of the committee.
• The Committee may direct the complainant to prepare and submit a detailed statement of incidents if the written complaint lacks exactness and required particulars, within a period of two (2) days from such direction or such other time period that the Committee may decide.
• The Committee shall direct the accused students to prepare and submit a written response to the complaint / allegations within a period of four (4) days from such direction or such other time period as the Committee may decide.
• Each party shall be provided with a copy of the written statement(s) submitted by the other.
• The party against whom the document / witness is produced shall be entitled to challenge / cross-examine the same.
• The Committee shall sit on a day-to-day basis to record and consider the evidence produced by both parties.
• As far as practicable, all proceedings of the committee shall take place in the presence of both parties.
• Minutes of all proceedings of the committee shall be prepared and duly signed by the members of the Committee.
• The Committee shall make all endeavors to complete its proceedings within a period of seven (7) days from the date of receipt of complaint.
• The Committee shall record its findings in writing supported with reasons and shall forward the same with its recommendations, to the Principal, within a period of five (5) days from completion of the proceedings before it. In case the Committee finds that the facts disclose the commission of a criminal offence by the accused person, this shall be specifically mentioned in the Committee’s report.
• If, in the course of the proceedings before it, the Committee is satisfied that a valid case of sexual harassment is made out against the accused student and that there is any chance of the recurrence of any such action, or that it is required to do so in the interests of justice, it may, on the request of the complainant or otherwise, disciplinary action could be initiated in the form of:- a. Warning b. Written Apology c. Bond of good behaviour d. Adverse remarks in the confidential report e. Suspension f. Dismissal g. Any other relevant mechanism
• If, in the course of the proceedings before it, the Committee is satisfied that any person has retaliated against / victimized the complainant or any person assisting the complainant as a result of the complaint having been made or such assistance having been offered, the Committee shall report the same in writing, to the Principal, with reasons and with recommendations of the action to be taken against such person.
• If, at the culmination of the proceedings before it, the Committee is satisfied that the complainant has knowingly brought false charges of sexual harassment against any person, it shall report the same in writing to the Principal/Management, with reasons and with recommendations of the action to be taken against such person.