Women Anti-Sexual Harassment Cell

Preamble:

Sexual harassment is a serious violation of human rights and dignity, with far-reaching psychological, emotional, and professional repercussions. In recognition of the imperative to foster an environment of safety, equality, and respect, GEMS Polytechnic College establishes this policy to prevent and address instances of sexual harassment and gender-based violence within its premises.

Members of  Internal Complaint Committee:

Objectives of the Policy:

1. To evolve a mechanism for the prevention and redressal of sexual harassment cases and other acts of gender-based violence in the institution.
2. To ensure the implementation of the policy in letter and spirit through proper reporting of the complaints and their follow-up procedures.
3. To provide an environment free of gender-based discrimination.
4. To ensure equal access to all facilities and participation in activities of the college.
5. To create a secure physical and social environment that deters acts of sexual harassment.
6. To promote a social and psychological environment that raises awareness about sexual harassment in its various forms.

Definition of Sexual Harassment:

Sexual harassment encompasses unwelcome sexually determined behavior, including but not limited to:

1. Physical contact and advances.
2. Demand or request for sexual favors.
3. Sexually colored remarks.
4. Displaying pornography.
5. Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.

Jurisdiction:

The rules and regulations outlined in this policy are applicable to all complaints of sexual harassment made by:

1. A member of the institution against any other member, irrespective of whether the harassment is alleged to have taken place within or outside the campus.
2. An outsider against a member of the college or vice versa if the sexual harassment is alleged to have occurred within the campus.
3. A member of the college against an outsider if the sexual harassment is alleged to have taken place outside the campus. In such cases, the Committee shall recommend initiating action by making a complaint with the appropriate authority.

Procedure 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 employee(s) 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 Committee shall conduct the proceedings in accordance with the principles of natural justice. It shall allow both parties reasonable opportunity of presenting their case. However, should the accused choose not to participate in the proceedings, the Committee shall continue ex parte.
• The Committee shall allow both parties to produce relevant documents and witnesses to support their case. Documents produced by either party shall be affixed with that party’s signature to certify the document as original / true copy.
• 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 endeavour to complete its proceedings within a period of fifteen (15) 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/Management, 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 prima facie case of sexual harassment is made out against the accused employee(s)/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:-
• Warning
• Written apology
• Bond of good behavior
• Adverse remarks in the confidential report
• Debarring from supervisory duties
• Denial of membership of statutory bodies
• Denial of re-employment/re – admission
• Stopping of increments / promotion/denying admission ticket
• Reverting, demotion
• Suspension
• Dismissal
• 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/Management, 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.