Internal Complaint Committee

RIWAR COLLEGE INTERNAL COMPLAINT COMMITTEE (ICC)

Introduction:

Riwar college Pynursla abides by its motto “Presence of mind is the best weapon”. We at Riwar College believes that the principle of justice, humanity and dignity should be dispensed irrespective of caste, creed, social status and gender of a person. Therefore in keeping with the ethos of this institution and in pursuance of  the guidelines of the UGC and the Supreme Court, an Anti-Sexual Harassment Cell, also called as Internal Complaint Committee (ICC), has been established by Riwar College 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.

Riwar 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.

The Supreme Court of India, in a landmark judgment in August 1997 (Vishaka & others vs. the State of Rajasthan & others) stated that every instance of sexual harassment is a violation of “Fundamental Rights” under Articles 14, 15, and 21 of the Constitution of India, and amounts to a violation of the “Right to Freedom” under Article 19 (1)(g). Another Supreme Court Judgment in January 1999 (Apparel Export Promotion Council vs. Chopra) has stated that sexually harassing behaviour “needs to be eliminated as there is no compromise on such violations”. The Supreme Court further reiterated that sexual harassment “is a violation of the fundamental right to gender equality and the right to life and liberty”.

In pursuance of University Grant Commission (Prevention, Prohibition and redressal of sexual harassment of women employees and students in higher educational institutions) Regulations, 2015 read with Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and in partial modification by UGC, Internal Complaints Committee (ICC) is re-constituted as under to deal with complaints relating to sexual harassment at work place.

On the basis of the UGC (Prevention, Prohibition and Redressal of Sexual Harassment of Women Employees and Students in Higher Educational Institutions) Regulations, 2015, published in the Gazette of India, New Delhi, Monday, May 2, 2016. Subsequently, in the light of the amendment vide Gazette notification issued on 9th May, 2016, the name has been changed to Internal Complaints Committee.

OBJECTIVES:

1.To fulfil the directive of the Supreme Court, the sexual harassment of women at workplace Act 2013 in implementing a policy against sexual harassment in the institution.

2. To evolve a mechanism for the prevention and redressal of sexual harassment cases and other acts of gender-based violence in the institution.

3. To ensure the implementation of the policy in letter and spirit through proper reporting of the complaints and their follow-up procedures.

4. To provide an environment free of gender-based discrimination.

5. To ensure overall wellbeing of students and staff of the college.

6.To organize gender sensitization and gender related legal awareness programme.

7.To create a secure physical and social environment which will deter acts of sexual harassment

8. To deal with cases of discrimination and sexual harassment in a time bound manner, aiming at ensuring support services to the victimized

9.To promote a social and psychological environment that will raise awareness about sexual harassment in its various forms.

Definition of Sexual Harassment:

For this purpose, sexual harassment includes such unwelcome sexually determined behaviour (whether directly or by implication) as:

1. Physical contact and advances;
2. A demand or request for sexual favours;
3. Sexually coloured remarks;
4. Gender based insults or sexist remarks
5. Showing pornography;
6. Any other unwelcome physical, verbal or non-verbal conduct of sexual nature.

Anti Sexual Harassment Cell assures all the complaints of the students, teaching and non-teaching staffs are treated with dignity and respect and the complaints should be maintained confidential.

Jurisdiction:

 The rules and regulations outlined in this policy shall be applicable to all complaints of sexual harassment made:
1. By 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. By an outsider against a member of the college or by a member of the college against an outsider if the sexual harassment is alleged to have taken place within the campus.
3. By 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 that the college authorities initiate action by making a complaint with the appropriate authority. Further, the committee will actively assist and provide available resources to the complainant in pursuing the complaint.

Composition of the Anti – Sexual Harassment Cell/ Internal Complaint Committee:

1. The Committee shall be headed by a senior woman faculty of the college and shall be designated as the “Chairperson”
2. The committee shall have two women teaching faculty members
3. One male teaching faculty member
4. Three female student nominees
5. The committee shall have Principal as an ex-officio-member
6. One nominated person from the management.

POWERS OF THE COMMITTEE:

1.The Committee shall have the power to summon witnesses and call for documents or any information from any employee/student.

2.If the Committee has reason to believe that an employee/student is capable of furnishing relevant documents or information, 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 as 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 that the same be produced, or that a clear reproduction in writing of the same be produced.

4.Upon production of documents / information called for by it, the Committee shall have the power to (i) make copies of such documents / information or extracts there from; or (ii) retain such documents / information for such period as may be deemed necessary for purposes of the proceedings before it.

5.The Committee shall have the power to issue interim directions to / with regard to any person participating in the proceedings before it.

6.The Committee shall have the power to recommend the action to be taken against any person found guilty of (a) sexually harassing the complainant; (b) retaliating against / victimizing the complainant or any other person before it; and (c) making false charges of sexual harassment against the accused person.

Function of the Internal Complaints Committee (ICC): 

The Committee is entrusted with promoting measures aimed at achieving gender equality, removal of gender bias or discrimination, sexual harassment, and other acts of gender-based violence by organising awareness programmes and campaigns for the benefit of all members of the College.

1.Ensure a work place that is free from sexual harassment/gender discrimination,

2.To ensure that the mechanism for registering complaints is safe, accessible and sensitive.

3.Develop guidelines and norms for policies against sexual harassment.

4.To take cognizance of complaints about sexual harassment, conduct enquires, provide assistance and redressal to the victims recommend penalties and take action against the harasser if necessary.

5.Deal with cases of discrimination and sexual harassment in a time bound manner, aiming at ensuring support services to the victim.

6.Organize gender sensitization awareness programmes.

7.To explain the broadened meaning of workplace/campus under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 and the Saksham Guidelines.

8.To provide assistance if an employee or a student chooses to file a complaint with the police.

9.To ensure that victims or witnesses are not threatened or penalised for making complaints

10.To make arrangements for appropriate psychological, emotional and physical support to the victim if so desires.

11.To ensure that the provisions of the Act are not misused by frivolous complaints or if misleading information has been provided, the complainant shall be liable to be punished as per the relevant provision of the aforementioned UGC Regulation, 2015.

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 receiver 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 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:-
1. Warning
2. Written apology
3. Bond of good behavior
4. Adverse remarks in the confidential report
5. Debarring from supervisory duties
6. Denial of membership of statutory bodies
7. Denial of re-employment/re – admission
8. Stopping of increments / promotion/denying admission ticket
9. Reverting, demotion
10. Suspension
11. Dismissal
12. 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. Or
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.

Annual Report:
          The Chairperson of the Committee will prepare an Annual Report at the end of each academic year, giving a full account of the activities of the Committee during the year gone by. A copy of the report may be sent to the Principal or Management or University or UGC or any authority.

For any complaints, Queries & Assistance:

Email: riwar.colg@icc.com

Contact No.

(YOUR COMPLAINT WILL BE KEPT CONFIDENTIAL)

COMPOSITION OF INTERNAL COMPLAINT COMMITTEE (ICC)