CaSHD

Committee Against Sexual Harassment and Discrimination

Grievance Redressal Mechanism: Committee Against Sexual Harassment and Discrimination (CASHD)

In order to redress grievances pertaining to sexual harassment and discrimination the Committee against Sexual Harassment and Discrimination (CASHD) has been constituted at FVIE. It is dedicated to eliminating and preventing harassment, any discriminatory treatment of faculty, staff, students, employees, and volunteers, and fostering an environment of respect for all individuals.

Committee composition:

Following the notification of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, the committee would be chaired by a woman and not less than half of its members will be women. Further, to maintain independence and objectivity and to prevent the possibility of any undue pressure or influence from any quarter, the committee will appoint an external person to the Committee as per the provisions of the POSH Act 2013.

The current committee members* are:

S.No
Name of Member
Designation
1
Dr. Jasvir Kaur Chaha
Presiding Officer
2
Dr. Sonia Gupta
Member
3
Ms. Saniya Kamra
Member
4
Ms. Navpreet Kaur
Member
5
Ms. Shivi Mamgain
Member (Convener)
6
Dr. Sandya Advani
External Member

The committee is responsible for:

  • Preventing discrimination and sexual harassment against women, by promoting gender harmony among students and employees.
  • Receiving complaints of sexual harassment, discrimination, and harassment at the workplace.
  • If the initial complaint is made to a person other than a committee member, upon receiving such a complaint, it will be the responsibility of the complaint receiver to report the same to the committee immediately.
  • Initiating and conducting inquiry as per the established procedure.
  • Submitting findings and providing recommendations.
  • Coordinating with the management in implementing appropriate action.
  • Maintaining strict confidentiality throughout the process as per established guidelines.

Wherever possible FVIE ensures that all the complaints of harassment are dealt with speedily, discreetly, and as close as possible to the point of origin. Care is taken to prevent any disadvantage to or victimization of either the complainant or the respondent.

Submitting annual reports in the prescribed format to the concerned authority.

*The committee members can change with time

What action can a person take?

A person who has been sexually harassed or discriminated against, can file a complaint with CASHD providing all details including evidence, list of witnesses in writing or via an email to [email protected].

Timelines for filing a complaint:

  • In case of an incident-within a period of 3 months from the date of the incident.
  • In case of a series of incidents-within a period of 3 months from the date of the last incident.
  • Inability to file the complaint within 3 months-if the aggrieved woman cannot file the complaint within a period of 3 months due to circumstances beyond her control, she can put forth the reasons for the same before the CASHD.
The CASHD may, at its discretion, extend the period by 3 months if it is satisfied that the circumstances were such that they prevented the aggrieved person from filing the complaint.

What can be done in case the Complainant is unable to make the complaint in writing?

  • Physical incapacity-In case the Complainant is physically unable to make the complaint in writing, the complaint can be filed by:

    • A relative or o
    • A friend, o
    • Co-worker or an officer of the National Commission for Women or State Women’s Commission or any person who knows about the incident with the written consent of the Complainant.

 

  • Mental incapacity– In case of the Complainant’s mental incapacity, the complaint can be filed by:

    • A relative or a Friend
    • Special Educator or
    • Qualified Psychiatrist/ Psychologist or
    • A guardian/authority under whom the Complainant is receiving treatment or care or
    • Any person who knows about the incident jointly with any of the 5 persons mentioned above

 

  • Inability to file the complaint within 3 months-If the aggrieved woman cannot file the complaint within a period of 3 months due to circumstances beyond her control, she can put forth the reasons for the same before the CASHD.

  • Death-In the case of the Complainant’s death, the complaint can be filed by any person who knows about the incident with her legal heir’s written consent.

What should the complaint contain?

A complaint should include the following points.

  • Date of the incident (when did the incident happen?
  • Location of the incident (where did the incident happen?)
  • Details of the incident-(what happened?)
  • Time of the incident-(at what time did it happen?)
  • Name of Respondent-(with whom did it happen?)
  • Nature of parties’ working relationship (what is the relationship between the parties? Student, professor, non-teaching staff, contract staff)
  • Evidence if any-Necessary supporting documents (if available to support her complaint as evidence)
  • List of witnesses (if any to support her complaint)

Manner of dealing with the complaints

On receipt of the complaint, the Presiding Officer will schedule a meeting to evaluate if there is a prima facie case or not.

  • On receipt of the complaint, the Presiding Officer will schedule a meeting to evaluate if there is a prima facie case or not.
  • Once it is evaluated that a prima facie case has been made out, the CASHD shall provide a copy of the complaint, supporting documents, list of witnesses received from the aggrieved woman to the Respondent within 7 working days.
  • Respondent shall file his reply and supporting documents and list of witnesses he relies upon to prove his innocence within a period of 10 working days of receipt of the complaint.

Conciliation/Settlement

Once the complaint is received, the CASHD may take steps to settle the complaint between the Complainant and the Respondent before initiating the inquiry.

This can only be initiated at the request of the Complainant.

Conciliation doesn’t necessarily mean acceptance of the guilt by the Respondent. It is a practical mechanism through which issues are resolved or misunderstandings cleared. Resolution through conciliation generally happens within 2 weeks of receipt of the complaint.

If a settlement is arrived at, CASHD records the same and reports the same to the Employer/Management for taking appropriate action. The committee provides copies of the settlement to the Complainant and the Respondent. Once the action is implemented, no further inquiry is conducted, and the complaint is treated as closed.

Failure of Conciliation/Settlement

In cases where,

  • The Respondent doesn’t agree to the terms of conciliation.
  • Fails to comply with the terms of the settlement, the aggrieved woman can refer the same to CASHD, who will then set the Conciliation agreement aside and go ahead with an inquiry in the matter.

Inquiry process

The Committee will organize verbal/virtual hearings with the Complainant, Respondent, witnesses as per the provisions of the POSH Act 2013.

In brief:

• CASHD will speak to both parties separately.
• Listen, and look at the evidence that has been submitted.
• Verify documents produced by the parties.
• Allow the parties to produce witnesses and to put forth their say.
• Share copies of the witness statements with both Complainant and the Respondent.
• If the Complainant or Respondent desires to cross-examine any witnesses, they may
share the questions with the CASHD who will facilitate the same and record the
statements.
• If necessary, CASHD will take testimonies of other relevant persons and review the
evidence wherever necessary.
• CASHD may request documents or information from other parties if deemed
necessary.
• Give both the parties an opportunity to be heard. The inquiry procedure will ensure
absolute fairness to all parties.
• The committee will conduct the inquiry as per the principles of natural justice.
• The legal practitioner will not be permitted to represent any of the parties at any stage
of the inquiry procedure.
• Confidentiality-Under no circumstances will the committee reveal or disclose the
identity of the Complainant, Respondent, witnesses, etc., to anyone other than all
those who are required to know about the case. The Complainant, Respondent,
witnesses shall also be bound by confidentiality

Interim relief

During the pendency of the inquiry, on a written request made by the Complainant, the committee may recommend to the Management to:

  • Transfer the Complainant or the Respondent to any other place. •
  • Grant leave to the aggrieved woman of a maximum of 3 months, in addition to the leave she would be otherwise entitled.
  • Prevent the Respondent from assessing Complainant’s performance.
  • Grant such other relief as may be appropriate to maintain a conducive work atmosphere.

Termination of Inquiry/Ex Parte Order

In a situation where the Complainant or Respondent is absent for three consecutive hearings without justifiable cause or intimation, the Committee may dismiss the complaint or pass an ex parte order based on the evidence before it.

However, before dismissing the complaint or passing an ex parte order, the CASHD will send a written notice to the parties granting them 15 days to show cause why the complaint should not be dismissed, or an ex-parte order passed.

Action by CASHD post Inquiry

After the inquiry is completed, the CASHD will decide and prepare an Inquiry Report within 10 days and submit its recommendation to the Employer/ Management.

A copy of the Inquiry Report and recommendation will also be provided to the Complainant and the Respondent. The complaint will be treated as closed.

The decision of the CASHD, along with observations and recommendations will be final and binding.

The Management will implement the recommendations within 60 days of receiving them. While implementing the recommendations, the Management will ensure that the names of the Complainant, Respondent, witnesses, and any other persons are always kept strictly confidential.

If the charge has been proved.

If the committee concludes that the allegation against the Respondent has been proved the committee may suggest to the Management action against the guilty (except in cases involving the Management where the recommendations will be made to the president of the Board), which may include:

  • Counselling.
  • Censure or reprimand.
  • Apology to be tendered by Respondent.
  • Written warning.
  • Withholding promotion and/or increments where applicable.
  • Termination of services. •
  • Community service
  • Any other action which CASHD may deem fit

Disciplinary Action against a Respondent (student) if found guilty.

  • Withhold privileges of the student such as:
    • A relative or o
    • A friend, o
    • Co-worker or an officer of the National Commission for Women or State Women’s Commission or any person who knows about the incident with the written consent of the Complainant.

  • Suspend or restrict entry into the campus for a specific period. o
    • Expel and strike off name from the rolls of the institution, including denial of readmission, if the offence so warrants.

  • Award reformative punishments like mandatory counselling and, or performance of community services.

Financial Penalty

Deduct from the Respondent, an amount it may consider appropriate to be paid to the aggrieved woman.

The quantum of the Financial Penalty would be based on parameters like:

  • The mental trauma experienced by the Complainant.
  • Loss of career opportunity due to the incident of sexual harassment.

  • Medical Expenses incurred by the victim for physical or psychiatric treatment.
  • Income and financial status of the respondent.
  • Feasibility of whether the amount should be paid as a lump sum or in instalments.

Timeline for Implementation

Employer/Management will then act upon the recommendations within 60 days and confirm to the CASHD that the recommendations have been implemented.

Prevention of retaliation

  • The CASHD will follow up periodically with the Complainant to ascertain whether the offensive behaviour has, in fact, stopped, the solution is working satisfactorily and there is no victimization of any of the parties to the complaint. Any victimization/reprisal will be subject to disciplinary action.
  • FVIE will ensure that the victim or witnesses are not victimized or discriminated against while dealing with complaints of sexual harassment. However, anyone who abuses the procedure (for example, by maliciously putting an allegation knowing it to be untrue) will be subject to disciplinary action.

If the charge has not been proved

  • Where the committee concludes that the allegation against the Respondent has not been proved, it recommends to the Management that no action is required to be taken in this matter. The committee ensures that both parties understand that the matter has been fully investigated. That the matter is now concluded, and neither will be disadvantaged within FVIE.
  • If it is found that the charge is false, or malicious or knowingly false evidence has been furnished by any of the parties, witnesses.
  • The CASHD will act against the party or witness who has knowingly made a false statement or furnished false evidence. A separate inquiry shall be conducted to establish malicious intent.
  • Inability to prove the complaint due to lack of evidence.
  • Mere inability by the Complainant to prove the complaint does not mean that the complaint is false. In such a case, no action is taken.

Appeal

Any party not satisfied or further aggrieved by the implementation or non-implementation of recommendations made may appeal to the Appellate Authority as per the Act and rules, within 90 days of the recommendations being communicated.

Preventive Action

FVIE has zero-tolerance towards sexual harassment and will take reasonable steps to prevent sexual harassment at work. This will include:

  • Drafting policy
  • Dissemination of information through the production, distribution, and circulation of printed materials, posters, and handouts
  • Creating awareness by conducting training for all students, employees, Team Leaders, Managers and Top Management. The aim is to develop a non-threatening and nonintimidating atmosphere of mutual learning.
  • Counselling: Confidential counselling service is an important service as it provides a safe space to speak about the incident and how it has affected the victim because sexual harassment cases are rarely reported and is a sensitive issue.

Obligations of Employer/Management

FVIE shall provide all necessary assistance to ensure full effective and speedy implementation of the policy, providing support to the CASHD constituted as above, and shall expeditiously implement the decisions of the CASHD as per the provisions of the Act.

Third-Party Harassment

In case of sexual harassment by a third-party, CASHD will assist the Complainant in pursuing the complaint as per the laws prevailing in the country, e.g., under the Indian Penal Code or any other Acts for the time being in force.

FVIE encourages its clients/partners to commit to a working atmosphere free from sexual harassment in their organizations. FVIE may act as a Facilitator in the redressal of complaints of sexual harassment in such circumstances.

Confidentiality

FVIE understands that it is difficult for the Complainant to come forward with a complaint of sexual harassment and recognizes the victim’s interest in keeping the matter confidential.

The Complainant’s identity, Respondent, witnesses, statements, and other evidence obtained during the inquiry process, recommendations of the committees, and action taken by the Management are considered confidential and not published or made known to the public or media.

If there is a breach of confidentiality, FVIE shall recover the sum of Rupees Five Thousand as a penalty from such person or act as per the provisions of the Act.

Access To Reports & Documents:

All records of complaints, including contents of meetings, results of investigations and other relevant material will be kept confidential by FVIE except where disclosure is required under disciplinary or other remedial processes.

Savings

The proceedings under the policy shall not be stalled or postponed merely because the Complainant is proceeding against the Respondent under any other provision of civil or criminal law.

FVIE reserves the right to modify, add or delete any policy guideline or practice at its discretion. Such changes will supersede the previous policy guidelines or practices set and will be communicated to all students and employees as soon as possible.

Counselling and Support

A person seeking counselling or support may contact the Committee Against Sexual Harassment & Discrimination. This service does not investigate allegations but only provides counselling and support.

Policy Points to Note

False Allegations: False allegations occur when individuals knowingly and recklessly make untrue allegations of sexual harassment. They are not the same as situations of not finding the occurrence of sexual harassment. False allegations are serious and will be penalized.

Confidentiality: Every reasonable attempt will be made to protect the confidentiality of the alleger and the alleged harasser.

Retaliation: FVIE prohibits retaliation against individuals who allege sexual harassment or who participate in investigating a sexual harassment investigation.

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