Policy Against Sexual Harassment

Policy Against Sexual Harassment

Policy Against Sexual Harassment
Approved Board of Management on 12th January 2019
Notification Notified by Registrar vide notification No. SRHU/Reg/OO/2019-04 (i) dated 15th January 2019
Reviewed / Revised Board of Management on 29th March 2022
Notification Notified by Registrar vide notification No. SRHU/Reg/OO/2022-58 (i) dated 5th April 2022
Next Review 2025–26
  1. Short Title & Commencement
    1. This Policy shall be called “Policy Against Sexual Harassment”.
    2. This Policy shall come into force with effect from November 18, 2013.
  2. Definitions
    1. “Officer” shall mean officers of the University as defined in the Act and Statutes.
    2. “Employee” for the purpose of this policy shall mean an employee appointed by the University; and includes academic staff, administrative staff and other employees of the University, its Constituent Colleges, Regional Centers and Study Centers including temporary employees and those on probation, part-time, trainees or casual employment.
    3. “Student” shall mean all students of Swami Rama Himalayan University including trainee Interns.
    4. “Third party” shall mean any person who is not a student, employee or resident of Swami Rama Himalayan University. It will include private persons, visitors, patients, relatives and attendants of the patients, external examiners, guest faculty, vendors and their representatives, service providers and their representatives.
    5. “Campus” shall mean the campus of Swami Rama Himalayan University and shall include all places of work, teaching & training and residences including hostels & hospitals, constituent colleges/academic units, regional centers and study centers etc.
    6. “Committee Against Sexual Harassment (CASH)” means a committee constituted by the University which shall deal with complaints of alleged sexual harassment.
    7. “Complainant” means any person, whether major or minor, who alleges sexual harassment.
    8. “Defendant” means a person against whom an allegation of sexual harassment is made.
  3. What is Sexual Harassment?
    1. Unwelcome sexual advances, requests for sexual favors, and other visual, verbal or physical conduct of a sexual nature constitute sexual harassment.
    2. Determining what constitutes sexual harassment depends upon the specific facts and the context in which the conduct occurs. Sexual harassment may take many forms – subtle and indirect, or blatant and overt.
    3. As per the Hon’ble Supreme Court, sexual harassment is any unwelcome sexually determined behaviour, such as:
      1. Physical contact.
      2. A demand or request for sexual favours.
      3. Sexually coloured remarks.
      4. Showing pornography.
      5. Any other physical, verbal or non-verbal conduct of a sexual nature.

    Sexual Harassment will include but not be confined to the following:

    1. Subjects another person to an unwelcome act of physical intimacy, like grabbing, brushing, touching, pinching etc.
    2. Makes an unwelcome demand or request (whether directly or by implication) for sexual favors from another person, and further makes it a condition for employment/payment of wages/increment/promotion etc.
    3. Makes an unwelcome demand or request (whether directly or by implication) for sexual favors from students and further makes it a condition for their passing of examination or completion of any work related to their academics.
    4. Makes an unwelcome remark with sexual connotations, like sexually explicit compliments/cracking loud jokes with sexual connotations/making sexist remarks etc.
    5. Shows a person any sexually explicit visual material, in the form of pictures/cartoons/pin-ups/calendars/screen savers on computers/any offensive written material/pornographic e-mails, etc.
    6. Engages in any other unwelcome conduct of a sexual nature, which could be verbal, or even non-verbal, like staring to make the other person uncomfortable, making offensive gestures, kissing sounds, etc.
    1. Categories of Sexual Harassment
      1. Quid pro quo (this for that) where a person/authority demands sexual favors for:
        1. Getting or keeping a job benefit and threatens to fire the employee if the conditions are not met.
        2. Passing of examination or completion of any work related to academics.
      2. Hostile work environment created through verbal/physical conduct that interferes with job performance or creates an intimidating, hostile, offensive or humiliating atmosphere.
      3. Hostile academic environment created by co-students or seniors causing intimidation, hostility, offence or humiliation.
  4. Objectives
    1. To prohibit, prevent or deter the commission of acts of sexual harassment and to provide a procedure for redressal of complaints pertaining to sexual harassment.
    2. To ensure implementation of the policy in letter and spirit through proper reporting of complaints and their follow-up procedures.
    3. To promote a social and psychological environment which will raise awareness about sexual harassment in its various forms.
    4. To generate public awareness against sexual harassment and all forms of gender-based violence.
    5. To commit to ensuring an environment without gender bias or gender-based discrimination.
  5. Scope & Applicability of the Policy
    1. All the employees of the University, its constituent colleges, academic units, study centers and regional centers.
    2. All employees whether temporary and those on probation, part-time, trainees or casual or honorary employees.
    3. All persons engaged on a casual or a project basis and also those engaged through a contractor.
    4. All the students enrolled with the University, trainees and interns, external or any other students not defined herein.
    5. Any third-party person who is not a student or employee, including residents of the University campus, visitors, patients and attendants, external examiners, guest faculty, vendors and service providers/their representatives.
  6. Constitution of Committee
    1. The University shall constitute a Committee Against Sexual Harassment (CASH).
    2. The Committee shall consist of not less than three members.
    3. The Committee shall be headed by a woman, who shall be its Chairperson.
    4. There shall be at least one person from fields related to women’s rights/social work/NGOs/counselling/law/medicine/psychology/trade unions/journalism, etc.
    5. Not less than half of its members shall be women.
    6. All members, whether internal or third parties, should be neutral and unbiased.
    7. Members are appointed for a period of three years; reappointment is permitted but not for more than two terms.
    8. External members shall be provided travelling facility for attending proceedings.
    9. The CASH shall be under the administrative control of the Vice Chancellor.
  7. Functions of CASH
    1. Gender Sensitization and Orientation
    2. Crisis Management and Mediation
    3. Formal Enquiry and Redressal
  8. Procedure for lodging a Complaint
    1. Complaints should be lodged at the earliest and within three months of the incident.
    2. The complaint shall contain relevant details and be addressed to CASH.
    3. If unwilling to disclose identity, the complainant may submit to the Head/Dean in person or sealed cover.
    4. The Head shall retain the original and forward a gist (without identity) to CASH.
    5. Oral complaints shall be reduced to writing, read back in the requested language, and signed by the complainant.
    6. Complaints may be filed with:
      1. Registrar
      2. Dean of the concerned faculty
      3. Principal of the College
      4. Head of the Department
      5. Chairperson/member of CASH
  9. Procedure for dealing with complaints
    1. Dispute Resolution prior to Enquiry
      1. On request of the aggrieved, CASH may attempt conciliation before enquiry.
      2. Depending on gravity, a member nominated by the Chairperson may try informal resolution.
      3. Conciliation to be completed within two weeks of receipt of the complaint.
      4. Any settlement must be mutually acceptable.
      5. The settlement shall be recorded and sent to the Head of the concerned unit for implementation; copies to both parties.
      6. The aggrieved may withdraw from conciliation or challenge a settlement obtained by force, fraud, coercion or undue influence, or for breach of terms, within one week.
      7. If no mutually agreeable settlement is reached, CASH shall proceed with enquiry.
    2. Conducting of Enquiry
      1. If conciliation is not requested/succeeds, CASH shall act immediately and appropriately to inquire.
      2. Within one week of receipt/conclusion of conciliation, CASH shall proceed with enquiry (an Enquiry Committee may be constituted).
      3. Reasonable opportunity shall be given to both complainant and defendant.
      4. Both parties shall be heard before finalizing the outcome.
      5. Directions may be issued to avoid delay and enable a prompt hearing.
      6. Enquiry shall be conducted in Hindi, English or the local language as requested by the aggrieved.
      7. The Committee shall be sensitive to the covert and insidious nature of sexual harassment and the difficulty of leading direct evidence.
      8. Derogatory/irrelevant/slanderous questions may be disallowed.
      9. The Enquiry Committee shall have powers of a Civil Court under the Code of Civil Procedure, 1908:
        1. Summoning and enforcing attendance of witnesses and examining on oath;
        2. Requiring discovery and production of documents or other producible evidence;
        3. Daily proceedings shall be signed by Committee members, the aggrieved and the defendant; refusals shall be recorded by the Chairperson.
      10. Enquiry (including submission of report to CASH) should be completed within 30 days; any delay shall be recorded in writing.
    3. Enquiry Outcome and Further Action
      1. CASH may dismiss the complaint by a detailed, reasoned order; or
      2. Recommend to the Disciplinary Authority an action/penalty commensurate with the offence where the complaint is proved.
      3. The Disciplinary Authority shall pass a reasoned order within one month of receipt of CASH recommendations.
      4. Where harassment involves a third party/outsider, authorities shall take all necessary steps to assist the affected person and proceed as per law.
      5. Appeal shall lie as per the Act & Statutes of the University.
      6. Confidentiality of identity, complaints and enquiry proceedings shall be strictly maintained.
      7. False and frivolous complaints shall attract strict disciplinary/legal action.
      8. No legal action shall lie against any CASH member for actions taken in good faith.
      9. CASH shall prepare an Annual Report of complaints and actions taken and submit to the Vice Chancellor.
  10. This policy shall be reviewed every three years or earlier if required to accommodate new educational practices, regulatory requirements, or emerging student needs.
  11. The University reserves the right to interpret, alter, amend, modify, cancel or withdraw any or all provision mentioned herein above in this policy without any notice.
  12. In case of any dispute, the decision of the Vice Chancellor of the University shall be final and binding.
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