Anti-Harassment Policy

Purpose

With regard to the Supreme Court Judgment and guidelines issued in 1997 to provide for the effective enforcement of the basic human right of gender equality and guarantee against sexual harassment and abuse, more particularly against sexual harassment at work places, the University Grants Commission (UGC) has issued circulars since 1998, to all the universities, advising them to establish a permanent cell and a committee; to develop guidelines to combat sexual harassment, violence against women and ragging at the universities and colleges. Keeping the above guidelines in view Christ College, Bhopal has constituted a Committee against Sexual Harassment.

Declaration of Policy

Christ College has committed itself to provide a congenial and conducive atmosphere in which students, teachers and non-teaching staff can work together in an environment free of violence, harassment, exploitation, and intimidation. This includes all forms of gender violence, sexual harassment, and discrimination on the basis of gender. Every member is expected to be aware of the commitment to the right to freedom of expression and association, it strongly supports gender equality and opposes any form of gender discrimination and violence.

Christ College, shall value the dignity of every individual, enhance the development of its human resources, guarantee full respect for human rights, ensure the full enforcement of “Fundamental Rights” under articles 14, 15, 19(1) (g) and 21 of the Constitution of India, and uphold the dignity of workers, employees, applicants for employment, students or those undergoing training, instruction or education. Towards this end, all forms of sexual harassment in the employment, education or training environment are herby declared unlawful.

OBJECTIVES OF THE POLICY

• To fulfill the directive of the Supreme Court, as per UGC directives and the Barkatullah University in respect of implementing a policy against sexual harassment in the institution.
• To evolve a mechanism for the prevention and redressal of harassment cases and other acts of gender based violence in the institution.
• To ensure the implementation of the policy in letter and spirit through proper reporting of the complaints and their follow-up procedures.
• To provide an environment free of gender-based discrimination.
• To ensure equal access to all facilities and participation in activities of the college
• To create a secure physical and social environment that will deter acts of sexual harassment
• To promote a social and psychological environment that will raise awareness about sexual harassment in its various forms.

Definition of Harassment

Harassment is any behavior which causes distress, feelings of a lack of safety, or physical harm to another person based on their actual or perceived race, religion, age, gender, gender expression or identity, disability, sexual orientation, citizenship status, place of origin, marital status, or familial status.

Harassment types: Four primary types of Harassment :

1. Hostile Environment:Includes any situation in which there is harassing conduct that is sufficiently severe, pervasive/persistent and patently/objectively offensive that it alters the conditions of education or employment, from both a subjective (the victim’s) and an objective (reasonable person’s) viewpoint. The circumstances to determine whether an environment is “hostile” could include

    

2. Retaliatory harassment: Retaliatory harassment is any adverse employment or educational action taken against a person because of the person’s participation in a complaint or investigation of discrimination, assault or harassment

    

3. Quid pro quo sexual harassment:Quid pro quo sexual harassment is unwanted sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature; and submission to or rejection of such conduct which has adverse impacts on one’s ability to continue the work with Grand Aspirations as one was doing before.

    

4. Sexual Exploitation: Sexual Exploitation occurs when a person takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of the other forms of harassment or sexual assault.

    

Committee

The members of the committee for the academic year 2018- 20

The Committee consists of members of the faculty, administration, service staff and students’ representatives. The members of the committee for the current academic year are:

Role and responsibility of Anti-Harassment Committee:

1. To ensure provision of a work and educational environment that is free from sexual and all other harassment (Sexual harassment is defined by law from the perspective of the person who feels they have been harassed and it occurs if the person who feels they have been harassed feels offended, humiliated, or intimidated by the conduct and it is reasonable, in all the circumstances that the person who feels they have been harassed would feel offended, humiliated or intimidated).
2. To take all reasonable steps (active and preventive in nature) to prevent the harassment occurring; To address any oral/written complaint about: unwelcome sexual advances, unsolicited acts of physical intimacy, unwelcome requests for sexual favors or other unwelcome conduct of a sexual nature. Unwelcome conduct of a sexual nature includes oral or written statements of a sexual nature to a person, or in a persons presence.
3. Obtain high level support from the chief executive officer and Principal & Director for implementing a comprehensive strategy:
• Providing information to all staff and students about what constitutes sexual harassment and about their responsibility not to sexually harass other staff and students
4. Develop a written policy which prohibits sexual harassment. The Institution shall have a Sexual Harassment Policy. The policy outlines the Institute’s key commitments and legal responsibilities and provides a definition of sexual harassment and behaviors that are not acceptable.
5. Regularly distribute and promote the policy at all levels of the organization; Ensure that managers and supervisors discuss and reinforce the policy at staff meetings; Provide the policy and other relevant information on sexual harassment to new staff as a standard part of induction; Periodically review the policy to ensure effective operation and updating of information.
6. Display anti-sexual harassment posters on notice boards in common work areas and distribute relevant brochures; Conduct regular awareness sessions for all staff on sexual harassment issues.
• Ensure that complaints processes:
• are clearly documented;
• are explained to all employees;
• offer both informal and formal options for resolution;
• address complaints in a manner which is fair, timely and confidential;
• are based on the principles of natural justice;
• provide clear guidance on internal investigation procedures and record keeping;
• Give an undertaking that no employee will be victimized or disadvantaged for making a complaint.

PROCEDURE TO BE FOLLOWED BY THE COMMITTEE

1. The Committee shall meet as and when any complaint is received by it. Complaint may be received by any member of the committee.
2. 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.
3. 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.
4. Each party shall be provided with a copy of the written statement(s) submitted by the other.
5. 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.
6. 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.
7. The party against whom the document / witness is produced shall be entitled to challenge / cross-examine the same.
8. The Committee shall sit on a day-to-day basis to record and consider the evidence produced by both parties.
9. As far as practicable, all proceedings of the Committee shall take place in the presence of both parties.
10. Minutes of all proceedings of the Committee shall be prepared and duly signed by the members of the Committee.
11. The Committee shall make all endeavour to complete its proceedings within a period of fifteen (15) days from the date of receipt of complaint.
12. 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.
13. If, in the course of the proceedings before it, the Committee is satisfied that a prima facie case of 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 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.