1. Objective:

1.1 As per Section 4 All India Council for Technical Education (Gender Sensitization, Prevention and Prohibition of Sexual Harassment of Women Employees and Students and Redressal of Grievances in Technical Institutions) Regulations, 2016, ICC consisting of the following is reconstituted on April 18, 2019. The Act is an extension of the Vishaka Guidelines issued by the Supreme Court in 1997 and as per the Gazette of India notification Vaisakha 3, 1935 (SAKA), dated April 23, 2013, The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013.

1.2 This policy is meant to sensitize the employees about their fundamental right to have safe and healthy environment at their workplace and what conduct constitutes sexual harassment, the ways and means which we are adopting to prevent occurrence of any such event, and in the chance of an occurrence, to enable a fair mechanism for dealing with such conduct Surana Evening College, Kengeri has constituted an Internal Complaint Committee (“ICC”). The Committee will act as a dedicated task force that can constantly monitor the existing (security) arrangements and suggest additional security measures to be put in place.

2. Scope

The Prevention of Sexual Harassment Policy is applicable:

2.1 To all employees of Surana Evening College, Kengeri, which as per section 2 (f) of the Act, means any person who has been employed as regular, temporary, ad hoc or on daily wages basis either directly / through an agent / contractor (with/ without the knowledge of the principal employer, with or without remuneration / voluntary under express / implied terms of employment and shall include contract worker / probationer / apprentice / Executive Trainees / Management Trainees, etc. hereinafter defined as “Employees /Consultants”

2.2 To all the student’s “student” means a person duly admitted and pursuing a programme of study either through regular mode or distance mode, including short-term training programmes in a HEI;

2.3 On office premises and all areas which can be termed as notional extension of employer’s premises. It also includes any place visited by the employee or students arising out of or during their stay including transportation provided by the institution for undertaking such journey. The incident is covered during / after office hours.

2.4 All the visitors & vendors associated with us & visiting any premises of the company, or whose premises our employees visit while business.

Guidelines

It is mandatory on all employees /students / consultants to follow this policy and the guidelines formulated herein. Sexual Harassment at the work place will be deemed to be a violation/breach of terms of employment, and a criminal offence in addition to violation of gender equality guaranteed under the constitution.

Definition

"Sexual harassment" includes any unwelcome sexually inclined behavior, whether directly or indirectly, such as:

• Physical contact and advances
• Demand or request for sexual favors
• Sexually colored remarks
• Showing any pornography, or
• Any other unwelcome physical, verbal or non-verbal conduct of sexual nature where any of these acts is committed in circumstances where the Complainant has a reasonable apprehension that in relation to the Complainant’s employment or work whether drawing salary, or honorarium or voluntary, whether in public or private enterprise such conducts can be humiliating and may constitute a health and safety problem. This list is illustrative and not exhaustive and applicable irrespective of gender.

Complainant can be a person who has been subject to Sexual Harassment and / or any Person reporting an incident of Sexual Harassment. A third party can also be a Complainant, however, a written Complaint from the Person who has been subject to Sexual Harassment is mandatory to be filed with the ICC.

Respondent: The person who is alleged/reported to have committed an act of Sexual Harassment.

“Internal Complaints Committee” (ICC) means Internal Complaints Committee to be constituted by an HEI under sub regulation (1) of regulation 4 of these regulations. Any existing body already functioning with the same objective (like the Gender Sensitization Committee Against Sexual Harassment (GSCASH)) should be reconstituted as the ICC; Provided that in the latter case the HEI shall ensure that the constitution of such a Body is as required for ICC under these regulations. Provided further that such a Body shall be bound by the provisions of these regulations;

Reporting of Sexual Harassment Complaints

Any aggrieved person who feels / presumes that he / she has been subject to sexual harassment by a person, including a supervisor, manager, employee of other organization or vendor by way of any action or words should immediately report or complain the incident to the ICC as set forth below as the case may be or to any member of ICC within three months from the date of occurrence of the said incident and in case of a series of incidents within a period of three months from the date of the last incident. Delay in reporting makes it more difficult to establish the facts of a case and may contribute to the repetition of offensive behavior. If a Complaint cannot be made in writing, any member of the ICC shall render all reasonable assistance to the aggrieved person for making the Complaint in writing.

What are the possible actions that can be taken against the respondent?

• Warning
• Written apology
• Bond of good behavior
• Adverse remark in the Confidential Report
• Stopping of increments/promotion
• Suspension
• Dismissal
• Any other relevant actions Complaint Mechanism

6.1 A person who has been subject to Sexual Harassment may make in writing a Complaint email to [email protected] of sexual harassment at the workplace to the Committee within a period of three months from the date of incidence and in case of series of incidences within a period of three months from the date of the last incidence. Provided that where such Complaint cannot be made in writing, the presiding Chairperson or any member of the ICC or the chairperson shall render all reasonable assistance to the Complainant for making the Complaint in writing.

6.2 If the Committee is satisfied that the circumstances were such that prevented the Complainant from filling the Complaint within the said period, they can extend the time limit not exceeding three months.

Confidentiality

The company will do everything consistent with the enforcement of this policy and with the law to protect the privacy of the individuals involved and to ensure that the Complainant and the Respondent are treated fairly. Information about individual Complaints and their disposition is considered confidential and will be shared only on a “need to know” basis.

Conciliation and Settlement

Before initiating an inquiry, the ICC may, at the request of the aggrieved person, take steps to arrive at a settlement between the parties. However, no monetary settlement can be made as the basis of such conciliation (Sec. 10(1))

Inquiry process

9.1 It is crucial to promptly investigate complaints of sexual harassment. The investigation must typically be finished and taken care of as soon as possible after the written complaint was filed.

9.2 The ICC will carry out an investigation and give both the complainant and the respondent the chance to explain their cases and justifications.

9.3 In the event that a complaint is received, the ICC shall proceed as follows:

• As soon as possible after receiving the complaint in writing or through email, an inquiry is started through the members of the ICC, as recommended by the Chairperson.
• The ICC shall conduct an impartial investigation with the complainant and respondent in order to obtain specific information, an explanation, or justification.
• The ICC should always record the proceedings of any inquiries it holds in the form of minutes and/or videos, which it will store and keep for its records. The investigation's proceedings should be videotaped when the witness is giving their testimony.
• As soon as a report is submitted, the ICC will review it as soon as possible.
• It is crucial to note that the ICC, upon receiving any complaint from the complainant, should ask the complainant what expectations he or she has of the ICC regarding the complaint and the ICC should also inform the complainant about the option of conciliation with the Respondent available to him or her, if the complainant so desires. However, the possibility of conciliation vanishes once the investigation is launched.
• The ICC will evaluate the conclusions, deal with the complaint in accordance with the Policy and the Act, and resolve it within ninety (90) days of the date of receipt of the complaint. It will then submit its thorough findings and advice in relation to the complaint to the respective Employer, as the case may be.
• However, if the complainant does not appear before the ICC and/or does not respond to the query(s) posed by the ICC for three consecutive occasions, the ICC may end the investigation and/or is not obligated to commence same. Accordingly, the ICC shall document the reasons the complaint was closed. Additionally, in the case that the Respondent willfully fails to appear before the ICC, the employer or any other person designated by the employer should direct or instruct the Respondent to do so.
• The ICC will then provide the decision to the HR head of the relevant firm along with a recommendation. This decision will include the delivery of all the evidence that has been gathered, including the fully signed statements of the Complainant, Respondent, witnesses, interested parties, and material objects, if applicable.
• If there are no eyewitnesses, the ICC might have to decide if a sexual harassment complaint is true based on the reliability of at least 9 committee members. Additionally, circumstantial evidence would be a significant factor in the Committee's decision-making process.
• The employer may seek clarification from the ICC on the recommendation and will implement the same.

9.4 However, no monetary settlement shall be made as a basis of conciliation.