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:
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
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:
A complaint should include the following points.
On receipt of the complaint, the Presiding Officer will schedule a meeting to evaluate if there is a prima facie case or not.
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.
In cases where,
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
During the pendency of the inquiry, on a written request made by the Complainant, the committee may recommend to the Management to:
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.
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 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:
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:
FVIE has zero-tolerance towards sexual harassment and will take reasonable steps to prevent sexual harassment at work. This will include:
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.
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.
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.
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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