DR. BAPUJI SALUNKHE INSTITUTE OF ENGINEERING AND TECHNOLOGY

Sexual harassment at the workplace has become a routine activity nowadays. Now and then we get to hear about new cases of sexual harassment. This is because sexual harassment at the workplace is an enhanced form of violence that takes place in daily routine and snatches
away the women’s right to life and healthy livelihood.

Internal Complaints Committee (ICC) is a mandatory committee constituted by BSiET, Kolhapur on 2 September 2023 to provide healthy and safe work environment among students and employees and also address the issues of sexual harassment, if are any. Sexual harassment is a violation of an individuals’ right to work and live with dignity.

The committee advocates the empowerment of women and has zero tolerance for any kind of sexual harassment. If any staff or students faces any type of discomfort they can directly approach the committee. The institute is following “zero tolerance policy” and is bound to take enough precaution to ensure that no such incidence will happen and if at all it happens, a prompt and quick action through mechanism will initiate the appropriate actions to resolve the matter at the earliest possible.

This committee is solely responsible for addressing and resolving the issues of sexual harassment in the premises of BSiET, Kolhapur and is easily accessible to the faculty and staff members.

The College will respect the confidentiality and privacy of individuals reporting and the accused of sexual harassment to the extent possible. Care will be taken to see that complainants, witnesses and the harasser does not face victimization and discrimination during the process of enquiry.

Objectives:

The objectives of the Internal Compliance are as follows:

1. To develop a policy against sexual harassment of women and girl students at the institute.
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 evolve a permanent mechanism for the prevention and redressal of sexual harassment cases and other acts of gender-based violence at the Institute.
4. To address and resolve the gender based discrimination and violence against the employees and students in the premises of the institute.
5. To uphold the commitment of the Institute to provide an environment free of gender-based discrimination.
6. To promote a social and psychological environment to raise awareness on sexual harassment, humiliation, and exploitation in its various forms.

Responsibilities and Functions of ICC

Every company should have a safe and harassment-free workplace. In the case of the complaint against POSH, the ICC is solely responsible to investigate without being bias. The ICC is required to be vigilant to redress the sexual harassment complaints and resolves the same ASAP. ICC is the sole authority to inquire about the complaints and make efforts to redress the same.

The Complaints of sexual harassment at a workplace corrode the persona of not only the complainant and the accused, but of the company and its goodwill as well.

Functions of Committee:-

1. To address informal and formal complaints (Non-financial) of any employees or students.
2. To ensure the fair and timely resolution of the complaints.
3. To publicly notify provisions against sexual harassment & ensure their dissemination.
4. To give publicity regarding the mechanism for addressing the issues, complaintprocedure, contact details etc.
5. To organize the training programmes for the members, faculty & students to sensitize them about the rights, entitlements & responsibilities in the act & regulations.
6. To act decisively against all gender based violence perpetrated against employees & students.

The Process for Complaint and Inquiry are as follows: 

Step I: An aggrieved woman or student can directly approach to Internal compliance committee.

Step II: Complaint should be in written form or either in person or email or through online complaint form. It should be submitted to the Internal Compliance committee.

Step III: On receipt of the complaint, the ICC will proceed to make an inquiry in accordance with the service rules or in their absence, in accordance with rules under the Act. The inquiry will be completed within 90 days. And the inquiry report will be submitted within 10 days
from the date of completion of the inquiry.

Step IV: If the ICC finds that the allegations against the respondent are proven, it will submit a report to the Principal to take action in accordance with the provisions of the applicable service rules or where no service rules exist, in accordance with rules framed under the Act.

Step V: The college management will act on the recommendations of ICC within 30 days of the submission of the inquiry report.

Step VI: The complaints received in this regard are kept confidential.

Step VII: The link for online complaint is:
https://docs.google.com/forms/d/e/1FAIpQLSd219CyTwLBYH1wntsIsVIKVGb_PzGuCat2MEpgsY40gpPSTg/viewform?usp=sf_link 

Investigation Procedure: 

• All complaints made to any committee member or from complaint box must be received and recorded by the committee. The chairperson of ICC calls a meeting of the committee.
• The committee is bound to maintain confidentiality during the time of the enquiry.
• During the enquiry procedure the complainant and the accused will be called separately so as to ensure freedom of expression and an atmosphere free intimidation.
• The inquiry shall be completed within a period of 90 days from the date of the complaint.
• The ICC shall provide a report of its finding to the Principal within a period of 10 days from the date of completion of the enquiry.
• In the serious matter the Principal can call the meeting of ICC and addressed the problems immediately.

Redressal Process

1.) Conciliation
Procedure for Conciliation:
Before initiating an inquiry, the Internal Complaints Committee may, at the written request of the Complainant, take steps to settle the matter between the Complainant and the Respondent through conciliation.

Monetary settlement cannot be made the basis of such conciliation. In case a settlement has been arrived at, the IC shall record it and forward it to the Company to take action as specified in the recommendation of the IC.

The Internal Complaints Committee will also provide copies of the settlement as recorded to the Complainant and the Respondent.

If conciliation has been reached, the IC will not be required to conduct any further inquiry.

If Complainant feels that the terms of Settlement are not being complied with by theRespondent or action has not been taken by the Company, Complainant can make a written complaint to the IC to conduct an inquiry into the complaint.

2.) Inquiry

The procedure of inquiry begins when a settlement is not feasible or could not be arrived at through conciliation and the Internal Complaints Committee is then bound to conduct an inquiry into the complaint.

An inquiry may also be initiated if the aggrieved person informs the IC that any terms of the settlement have not been complied with by the respondent.

The Internal Complaints Committee within 7 working days of receiving the complaint shall forward one copy to the respondent and seek a response.

The respondent shall file his/her reply to the complaint along with a list of supporting documents, names, and addresses of witnesses, within 10 working days of receiving the complaint.

The complainant or the respondent to the complaint shall not be allowed to bring any legal practitioner to represent them.

At any stage of the proceedings before the IC, neither the complainant nor the respondent shall be allowed to bring any legal practitioner to represent them.

The Internal Complaints Committee shall hear both the complainant and the respondent on the date(s) intimated to them in advance and the principles of natural justice will be followed accordingly.

If the complainant or the respondent fails to attend a personal hearing before the IC on three consecutive dates without sufficient cause, the IC shall have the right to terminate the inquiry proceedings or give an ex-parte decision.

However, before such termination or the ex-parte order, the IC shall serve a notice in writing to the party/parties, 15 days in advance.

The process of inquiry shall be completed by the Internal Complaints Committee within 90 days from the date of receipt of the complaint.

From the date of completion of the inquiry, the IC shall provide a report of its findings and recommendation(s) within 10 days to the concerned authorities as well as complainant(s) and respondent(s).

3.) Interim Relief

As per the Internal Complaints Committee Policy, during the period of pendency of the inquiry, if a written request is made by the complainant, the Internal Complaints Committee may recommend to the employer:

To transfer either the aggrieved or the respondent to some other workplace.

To grant leave to the aggrieved individual for a period of a maximum of 3 months, but this should be in addition to the leave she would be  otherwise entitled to.

To accord any other relief to the aggrieved as may be found to be appropriate.

To restrain the respondent from reporting on the performance of the complainant.

4.) Compensation
Internal Complaints Committee Policy mandates that the compensation by IC shall be determined based on:

The mental trauma, pain, suffering, and emotional distress caused to the aggrieved employee;

The loss in career opportunity due to the incident of sexual harassment;

Medical expenses incurred by the victim for physical/ psychiatric treatment;

The income and status of the alleged perpetrator; and

Feasibility of such payment in a lump sum or instalments.

Disciplinary Mechanism:

The possible actions that can be taken against the respondent-

• Warning
• Written apology
• Bond of good behavior
• Stopping of increments/ promotion
• Adverse remark in the confidential report
• Suspension
• Any other relevant actions