Preamble

In compliance with directives from the Supreme Court and guidelines issued in 2013 aimed at upholding gender equality and safeguarding against sexual harassment, particularly in workplace settings, the University Grants Commission (UGC) issued circulars on July 12, 2016. These circulars, published in the Gazette of India on May 2, 2016, mandated all higher educational institutions to establish permanent cells and committees dedicated to preventing, prohibiting, and redressing instances of sexual harassment involving women employees and students.

In response to these mandates, universities were advised to develop comprehensive guidelines to combat not only sexual harassment but also violence against women and incidents of ragging within their campuses. The UGC emphasized the importance of fostering a supportive and respectful environment where women’s status is honored, and they are treated equitably.

In accordance with these guidelines, ITM University has established a Committee against Sexual Harassment since 2016. This committee plays a pivotal role in ensuring the effective implementation of policies aimed at preventing and addressing sexual harassment cases promptly and sensitively. It works to create awareness among students and staff about their rights and responsibilities, provides support and recourse for victims, and promotes a culture of zero tolerance towards any form of harassment or discrimination based on gender. The Committee’s proactive measures contribute to cultivating a safe and inclusive campus environment conducive to learning and personal growth for all members of the university community.

Objectives

The objective of these SOPs stems from the gender policy which aims to provide protection against sexual harassment of people at workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith.

• Prevent discrimination and sexual harassment against women, by promoting gender amity among students and employees;
• Make recommendations to the Dean/HOD for changes/ elaborations in the Rules for students in the Prospectus and the Bye-Laws, to make them gender just and to lay down procedures for the prohibition, resolution, settlement and prosecution of acts of discrimination and sexual harassment against women, by the students and the employees;
• Deal with cases of discrimination and sexual harassment against women, in a time bound manner, aiming at ensuring support services to the victimized and termination of the harassment.
• Recommend appropriate punitive action against the guilty party to the Vice Chancellor.

Definition of Sexual Harassment

“Sexual harassment” means

“An unwanted conduct with sexual undertones if it occurs or which is persistent and which demeans, humiliates or creates a hostile and intimidating environment or is calculated to induce submission by actual or threatened adverse consequences and includes any one or more or all of the following unwelcome acts or behavior (whether directly or by implication), namely;

• Any unwelcome physical, verbal or nonverbal conduct of sexual nature;
• Demand or request for sexual favours;
• Making sexually colored remarks
• Physical contact and advances; or
• Showing pornography”

any one (or more than one or all) of the following circumstances, if it occurs or is present in relation or connected with any behavior that has explicit or implicit sexual undertones-

• implied or explicit promise of preferential treatment as quid pro quo for sexual favours;
• implied or explicit threat of detrimental treatment in the conduct of work;
• implied or explicit threat about the present or future status of the person concerned;
• creating an intimidating offensive or hostile learning environment;
• humiliating treatment likely to affect the health, safety dignity or physical integrity of the person concerned;

Who can Approach ICC for Help?

Any aggrieved woman, of any age belonging to ITM University, Gwalior.

• The complainant
• In case of physical incapacity by
• Complainant’s friend
• Complainant’s relative/ Guardian
• Co worker
• Any other person who has the knowledge of the incident with the consent of the complainant.

Where Can The Complainant Complain?

To Head of the Department / Dean / Internal complaints committee (ICC) / Pro-Vice Chancellor / Vice Chancellor

Responsibilities Of Internal Complaints Committee (ICC)

The Internal Complaints Committee shall:

• Provide assistance if an employee or a student chooses to file a complaint with the police.
• Provide mechanisms of dispute redressal and dialogue to anticipate and address issues through just and fair conciliation without undermining complainant’s rights, and minimize the need for purely punitive approaches that lead to further resentment, alienation or violence;
• Protect the safety of the complainant by not divulging the person’s identity, and provide the mandatory relief by way of sanctioned leave or relaxation of attendance requirement or transfer to another department or supervisor as required during the pendency of the complaint, or also provide for the transfer of the offender;
• Ensure that victims or witnesses are not victimized or discriminated against while dealing with complaints of sexual harassment; and
• Ensure prohibition of retaliation or adverse action against a covered individual because the employee or the student is engaged in protected activity.

Internal Complain Redressal Mechanism

Every Executive Authority shall constitute an Internal Complaints Committee (ICC) with an inbuilt mechanism for gender sensitization against sexual harassment. The ICC shall have the following composition: -

• A Presiding Officer who shall be a woman faculty member employed at a senior level (not below a Professor in case of a university, Provided that in case a senior level woman employee is not available, the Presiding Officer shall be nominated from other offices or administrative units of the workplace referred to in subsection 2(o); Provided further that in case the other offices or administrative units of the workplace do not have a senior level woman employee, the Presiding Officer shall be nominated from any other workplace of the same employer or other department or organization;”
• Two faculty members and two non-teaching employees, preferably committed to the cause of women or who have had experience in social work or have legal knowledge, nominated by the Executive Authority;
• Three students, if the matter involves students, who shall be enrolled at the undergraduate, master’s, and research scholar levels respectively, elected through transparent democratic procedure;
• One member from amongst non-government organizations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment, nominated by the Executive Authority.
• At least one-half of the total members of the ICC shall be women.
• Persons in senior administrative positions in the HEI, such as Vice- Chancellor, Pro Vice-Chancellors, Rectors, Registrar, Deans, Heads of Departments, etc., shall not be members of ICCs in order to ensure autonomy of their functioning.
• The Member appointed from amongst the non-governmental organizations or associations shall be paid such fees or allowances for holding the proceedings of the Internal Committee, by the Executive Authority as may be prescribed.
• Where the Presiding Officer or any member of the Internal Committee:
• Contravenes the provisions of section 16 of the Act; or
• has been convicted for an offence or an inquiry into an offence under any law for the time being in force is pending against him/her; or
• has been found guilty in any disciplinary proceedings or a disciplinary proceeding is pending against him/her; or
• has so abused his/her position as to render his continuance in office prejudicial to the public interest, such Presiding Officer or Member, as the case may be, shall be removed from the Committee and the vacancy so created or any casual vacancy shall be filled by fresh nomination in accordance with the provisions of this section.”

Procedure For Approaching Committee

The Committee deals with issues relating to sexual harassment at the ICC, ITM University, it is applicable to all students, staff and faculty. A complaint of discrimination or sexual harassment may be lodged by the victim or a third party. A written complaint may be addressed to the Convener of the Committee. If the complaint is made to the Committee members, they may forward it to the Convener of the Committee Against Sexual Harassment Here it should be noted that according to the Supreme Court guideline Sexual harassment can be defined as “unwelcome” sexually determined behavior (whether directly or by implication) as

• Physical contact and advances;
• Demand or request for sexual favours;
• Sexually colored remarks;
• Showing pornography; and
• Other unwelcome physical, verbal or non-verbal conduct of a sexual nature.

The Following Is Also Sexual Harassment and Is Covered by The Committee

• Eve-teasing,
• Unsavory remarks,
• Jokes causing or likely to cause awkwardness or embarrassment,
• Innuendos and taunts,
• Gender based insults or sexist remarks,
• Unwelcome sexual overtone in any manner such as over telephone (obnoxious telephone calls) and the like,
• Touching or brushing against any part of the body and the like,
• Displaying pornographic or other offensive or derogatory pictures, cartoons, pamphlets or sayings,
• Forcible physical touch or molestation and,
• Physical confinement against one’s will and any other act likely to violate one’s privacy