NALSAR Regulations for the Internal Complaints Committee against sexual harassment

As approved by the faculty in March 2014

Regulations for the Internal Complaints Committee against Sexual Harassment

Part A: Applicability and definitions

The Internal Complaints committee shall implement the Policy Against Sexual Harassment, the
regulations made in this regard, read along with the guidelines laid down by the Hon’ble
Supreme Court of India in its ruling in Vishaka v. State of Rajasthan and The Sexual Harassment
Of Women At Workplace (Prevention, Prohibition And Redressal) Act, 2013 in order to uphold
the commitment of the University to providing an environment free of discrimination and
violence against any person on the grounds of gender or sexual identity.

I. Applicability:
These regulations shall be applicable to all complaints of sexual harassment made:

1) By a student against any employee, any service provider, another student, a

member of the University bodies
By an employee against a student, another employee, service provider, a member
of the University bodies
In either case, irrespective of whether sexual harassment is alleged to have taken
place within or outside the campus.

2) By a service provider or a visitor against a student, an employee or a member of

the University bodies
By a student or an employee against an visitor
In either case if the sexual harassment is alleged to have taken place within the
campus.

II. DEFINITIONS:

i. “Aggrieved person” is the person against whom any act of sexual

harassment is alleged to have been perpetrated.

ii. “Respondent” is the person against whom the complaint of sexual

harassment is made.

iii. “Employee” includes a person employed for any work directly, or by or

through any agency (including a contractor), with or without the
knowledge of the principal employer, whether for remuneration or not, or
working on a voluntary basis, whether the terms of employment are
express or implied, and includes any person employed as a temporary,
casual, piece-rated or contract worker, probationer, trainee, apprentice or
by any other name called.

iv. “Service Provider” includes any person who runs or manages

commercial enterprises, or provides services, on the campus. It includes,

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NALSAR Regulations for the Internal Complaints Committee against sexual harassment

but is not limited to, persons working in shops, canteens, hostels and
restaurants on the campus, as well as persons working in premises allotted
on the campus, such as the shopping complexes.

v. “Sexual Harassment” shall include, but will not be confined to, the
following:
a. When unwelcome sexual advances, requests for sexual
favours, and verbal or physical conduct of a sexual nature,
explicitly or implicitly, are made a term or condition of
instruction, employment, participation, or evaluation of a
person’s engagement in any academic or campus or
internship activity.

b. When unwelcome sexual advances and verbal, non-verbal,

or physical conduct including such comments meant to
indicate such intention, slander, remarks or jokes, letters,
phone calls or electronic communication, gestures, showing
of pornography, lurid stares, physical contact or
molestation, stalking, sounds or display of a derogatory
nature that have the purpose or effect of interfering with an
individual’s performance or of creating an intimidating,
hostile or offensive campus/out of campus environment.

c. When comments, conduct, behaviour or teaching practice

in the classroom or any public forum denigrates a person’s
gender identity or sexual orientation.

d. Violating sexual privacy, including publicizing or

threatening to publicize sensitive information pertaining to
a person’s sexual life with the effect of causing harm, or
choices through any medium whether verbal, written or
online.

vi. "Student" includes any person who is/was enrolled for any course,
whether full time or part time, on line or off line with NALSAR and
includes an undergraduate or postgraduate student, a Research Scholar, a
visitor, and a repeater. It also includes a student of another University or
college who has been placed or has opted for placement with NALSAR or
short-term courses at NALSAR. With regard to students of offline courses
the University will have jurisdiction with regard to all incidents on
campuses under its control.

vii. “Member of University bodies” any member of any regulatory bodies or

a member of any of the University bodies
viii. “Qualified Counsellor” includes any person who is a trained
psychologist or works with an NGO that engages in women’s rights issues

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and is a trained psychiatrist or otherwise qualified to provide professional

support and counselling.
ix. “Visitor” includes all persons who visit the campus and are not students,
employees and service providers.

PART B: PROCEDURE FOR THE INTERNAL COMPLAINTS COMMITTEE

III. COMPLAINT

Any aggrieved person may make a complaint of sexual harassment in writing to the
Internal Complaints committee. Provided where the complaint cannot be made in
writing the committee shall provide assistance to make the complaint in writing. In
exceptional circumstances the committee may take cognisance on third party or
witness complaints.

IV. CONSTITUTION OF THE INTERNAL COMPLAINTS COMMITTEE

The Internal Complaints Committee shall consist of the following nine members of
whom 5 members shall be women:
i. One resident faculty member and two other faculty members,
ii. Two student representatives to be selected by a selection
committee in accordance with the procedure provided below,
iii. One independent external member who shall be a qualified
counsellor
iv. One member of the non-teaching staff
v. One person trained and experienced in restorative justice (RJ)
procedures.

Explanation: Among faculty members, there shall be both women and men faculty
members.

1. On being constituted, the Committee must go through an orientation process /

workshop to be equipped with the tools to deal with complaints and subsequent
processes.

2. The Chairperson/acting chairperson shall be a woman in a senior position from

within the University. There must always be an acting chairperson appointed from
within the committee in case the chairperson is not available.

V. CONSTITUTION OF SELECTION COMMITTEE TO SELECT MEMBERS OF THE COMMITTEE

The Selection Committee shall select and appoint the members of Committee as per
the procedure described herein. The Selection Committee shall comprise three
members, namely, the Vice Chancellor of the University, the Registrar of the
University and a representative of the faculty.

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VI. SELECTION PROCEDURE

1. Selection of Faculty Representatives:

Faculty representatives shall be selected by the Selection Committee from a

list of nominees. This list of nominees shall comprise:
i. faculty members suggested by the Student Welfare Committee, and
ii. any other faculty member that the Selection Committee deems fit.

Explanation: The suggestion of faculty members by the Student Welfare Committee

shall be the result of a public survey reflecting student opinion on the matter.

2. Selection of Student Representatives:

Student representatives will be selected from two streams

i. on the basis of an application made to the Selection committee which will
state the reasons for wishing to serve on the committee and the role he/she
sees herself/himself playing.
ii. from a list of nominees as suggested by the Student Welfare Committee

The Selection Committee shall interview the students and conduct the selection
keeping in mind criteria like approachability, gender sensitivity, reliability and
responsibility.

Provided that one of the student representatives selected by the Committee shall
equally represent LLB student and non LLB students and there are both women and
men representatives.

3. Selection of Other Members: Other members of the committee shall be selected

by the Selection Committee with a view towards appointing members who are
gender sensitive, approachable, responsible and reliable.

4. Time Frame: Appointment to the Committee shall be concluded within a period of

two weeks of the start of the Academic year or before the date of orientation of
the new incoming batch, whichever is later.
VII. TERM
1. The Student representatives shall be selected for a period of one year.
2. The non-student members shall have a term of three years.
3. The term of the incumbent committee shall end only on the date of appointment of
new members.
4. Members of the committee may be reappointed on the completion of their terms.
No person may serve for more than two consecutive terms.

VIII. FUNCTIONS AND POWERS OF THE COMMITTEE:

The committee has four functions

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NALSAR Regulations for the Internal Complaints Committee against sexual harassment

1. to carry out gender sensitisation programmes

2. to mediate in situations of sexual harassment
3. to initiate formal and informal redressal mechanisms
4. to provide support to the aggrieved person
The powers of the committee:
a. to recommend preventive action to the disciplinary authority before the enquiry is
held such as a transfer order, of either the aggrieved person, or the respondent on
the request of the aggrieved person or leave or any other relief
b. to recommend any interim measures against the respondent pending enquiry such
as a restraint order
c. to recommend action against the respondent under service rules after enquiry
IX. PROCEDURE TO BE FOLLOWED BY THE COMMITTEE:

The committee may receive a complaint from an aggrieved person or by another

person on her behalf. The aggrieved person may choose from any of the procedures listed
below:
1. Formal Complaint
2. Alternative procedures such as the restorative justice procedures
Provided that a complaint made will be permitted to be withdrawn only after an
enquiry by the committee.

Provided that the aggrieved person is entitled to counseling regarding the choice
of procedures. Once such counseling is provided and the person has made a choice to
maintain a formal complaint mechanism he/she may not be allowed to move to
alternative procedures

Provided that the aggrieved person may withdraw from any of the alternative
procedures at any stage if s/he is not satisfied with the progress made. Further, there shall
be no bar on the aggrieved person’s availing herself/himself of the formal complaint
procedure of the Committee if s/he withdraws from the alternative procedures.

X. Formal Complaint procedure:

i. The committee shall have a general duty of confidentiality with respect of
parties and proceedings.
ii. The committee shall enquire into the complaint of sexual harassment
following procedures in conformity with the principles of natural justice
and gender sensitivity.

iii. Provided that if the Committee against Sexual Harassment decides not to
conduct an enquiry into a complaint it shall record the reasons for the
same in the minutes oref the Committee meeting. The Committee shall
make the same available to the aggrieved person in writing.

iv. During the enquiry proceedings the aggrieved person and/or her/his
witnesses and the respondent shall be called separately so as to ensure
freedom of expression and an atmosphere free of intimidation.

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v. Both parties will be allowed to be accompanied by one representative each

during the enquiry.

vi. The Committee shall strive to complete the enquiry in the shortest possible
time, preferably within one month from the date on which the complaint is
referred to and not exceeding two months. .

vii. The Committee must, within one working day of receiving information
that the preferred procedure for the pursuit of the matter is the formal
complaints method, inform the respondent in writing about the material
particulars of the charges made against him/her along with a written copy
of the complaint and she/he should be given a period of three days to
respond to the same.

viii. The Committee shall provide reasonable opportunity to the aggrieved

person and the respondent for presenting and defending her/his case.

ix. Within not more than five working days of the initiation of the formal
complaint procedure, the aggrieved person and the respondent shall submit
to the Committee in writing, a list of witnesses, together with their contact
details, that she/he desires the Committee to examine.

x. The aggrieved person and the respondent shall be responsible for

presenting their witnesses before the Committee. However, if the
Committee believes that the absence of either of the parties to the disputes
is on valid grounds, the Committee shall adjourn that particular meeting of
the Committee for a period not exceeding five days. The meeting so
adjourned shall be conducted thereafter, even if the person concerned fails
to appear for the said adjourned meeting without prior intimation/valid
ground.

xi. The Committee may call any person to appear as a witness if it is of the
opinion that it shall be in the interest of justice and shall also have the
power to summon any official papers or documents pertaining to the
complaint under enquiry.

xii. The Committee may consider as relevant any earlier complaints against
the respondent. However, the past sexual history of the aggrieved person
shall not be admissible as such information shall be deemed irrelevant to a
complaint of sexual harassment.
xiii. The respondent, the aggrieved person, and witnesses shall be intimated at
least seventy two hours in advance in writing of the date, time and venue
of the enquiry proceedings. The responsibility of communicating with the
witnesses lies with the aggrieved person/ respondent regarding the date,
time and venue of the meeting.

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xiv. The Committee shall have the right to terminate the enquiry proceedings
and to give an ex parte decision in favour of the aggrieved person, should
the respondent fail, without valid ground, to present himself/ herself for
three consecutive hearings convened by the Enquiry Committee.
xv. The venue of the enquiry should take into consideration the convenience
and security of the aggrieved person.
xvi. The identities of the aggrieved person and all witnesses shall throughout
be protected and kept confidential by the Committee.
xvii. The aggrieved person and the respondent shall have the right of cross-
examination of all witnesses. However such cross-examination shall be
conducted in the form of written questions and responses via the
Committee only. The respondent shall have no right to directly cross
examine the aggrieved person or her witnesses.
xviii. When cross examination is by way of written questions, the
respondent/aggrieved person shall submit to the Committee, a written list
of questions. The Committee shall retain the right to disallow any
questions that it has reason to believe to be irrelevant, mischievous,
slanderous, derogatory or gender-insensitive. Any behaviour, verbal or
otherwise, on the part of the respondent or his nominee, that is designed to
intimidate or subject the aggrieved person or her witnesses to mental and
physical trauma, can lead the Committee to recommend disciplinary action
against the respondent.
xix. All proceedings of the Committee shall be simultaneously recorded in
writing and signed by both sides at the end of each day’s proceedings. All
Committee members, persons heard by the Committee, as well as
observers/nominees, shall take and observe an oath of secrecy about the
proceedings to protect the dignity of the aggrieved person and the
respondent. Any violation of the oath of secrecy may invite penalties.

Exception: In order to protect the reputation of the respondent pending a

conclusive determination of guilt, the aggrieved person is encouraged to maintain
confidentiality with respect to the complaint till the enquiry is completed.

xx. All documents or other material submitted as evidence shall be made

available to either party on demand.

xxi. The committee shall take note of power differences. The committee shall,
inform the aggrieved person/s, that he/she may give her evidence, answers
to any questions in writing provided that he/she makes herself available
for examination by the respondent in the same manner, unless the
aggrieved person opts to give her evidence orally.

XI. PROHIBITION OF PUBLICATION OF INFORMATION

All information received in the course of the examination and enquiry into a
complaint of sexual harassment shall be held in trust by the Committee and the same
shall not be made available pursuant to an application under the Right To Information
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Act, 2005. Such information shall constitute an exception under Section 8 (e) of the
Right To Information Act, 2005, as the same is held by the Committee in a fiduciary
relationship and the non-disclosure of the same will not be against public interest. The
contrary disclosure of such information may endanger the life or physical safety of
the aggrieved person or any of the witnesses.

XII. FINDINGS OF THE COMMITTEE

1. After concluding its enquiry under the formal complaints mechanism, the
Committee shall prepare a detailed and written report of its findings. The
enquiry report shall specify the details of the charge(s) against the
respondent, the statements made and evidence presented in the enquiry
and a discussion of the reasons upon which the findings arrived at by the
Committee.

2. No observations regarding the work and behaviour of either the aggrieved

person or respondent shall be made which are not related to the alleged
act of sexual harassment. However, the Committee may consider as
relevant any earlier complaints of sexual harassment against the
respondent.

3. Upon the completion of an enquiry, the said Committee may by a detailed

and reasoned order pass any of the following orders:
a. If the Committee finds no merit in the complaint, it shall
write to the Vice Chancellor giving reasons for its conclusions. The Vice
Chancellor may then dismiss the complaint which was subject of the Inquiry.
The Vice Chancellor has the power to direct the committee to reconsider its
decision stating his/her reasons for doing so.

Provided In case the internal committee arrives at the conclusion that the
allegation against the respondent is malicious or the aggrieved person or any
other person making the complaint has made the complaint knowing it to be
false or the aggrieved person or any other person has produced a forged or
misleading document the committee may recommend to take action in
accordance with the rules under Sexual Harassment of Women at the
Workplace (Prevention, Prohibition and Redressal) Act 2013.
b. If the Committee find the complaints proven it shall give a
detailed and reasoned finding to that effect.
4. In the event that the Committee finds the respondent guilty of sexual
harassment, it shall also recommend the nature of disciplinary action to be
taken taking into consideration the gravity of the offence of which he has
been found guilty and the impact on the aggrieved person. It shall also
recommend whether after disciplinary action has been taken, the
disciplinary authority should publicize the identity of the respondent, the
misconduct and the disciplinary action taken.
5. The committee shall provide both the aggrieved person and the respondent
with a copy of the report submitted to the Vice Chancellor.

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6. The respondent has the right to apply to the Vice Chancellor to direct the
committee to reconsider its decision. The Vice Chancellor must provide
reasons for considering the request for reconsideration by the committee.
7. The Vice Chancellor shall act upon the recommendations within 10 days
of its receipt.

XIII. INTERIM MEASURES

1. The committee may recommend interim measures during the pendency of the
case regarding restraint order against the respondent any other person
approaching the complainant, members of the committee during the pendency
of the case, prohibitory order against the respondent from entering the campus,
or any place therein during the pendency of the complaint.
2. Suspension/ transfer of the respondent from his/her official position, during the
pendency of the enquiry if his/her presence is likely to interfere with the
enquiry.
3. The aggrieved person will have the option to seek transfer of the respondent or
their own transfer where applicable.
4. The Vice Chancellor after taking action upon the recommendations shall place
before the Executive Council his action for ratification.
5. The disciplinary action will be commensurate with the nature and impact of the
sexual harassment.

XIV. PENALTIES
1. Any member of the University, non-teaching staff, student, service
provider, and resident found guilty of sexual harassment shall be liable for
disciplinary action.
i. The penalties listed below are indicative, and shall not constrain the
NALSAR administration from considering others, in accordance with
the Rules governing the conduct of all members of the University.
ii. In the case of academic/administrative/ technical/ non teaching
staff/management, disciplinary action could be in the form of one or
more of the following:
i. Warning
ii. Written apology
iii. Bond of good behaviour
iv. Gender sensitization
v. Counselling
vi. Adverse remarks in the Confidential Report
vii. Debarring from supervisory duties
viii. Denial of membership of statutory bodies
ix. Denial of re-employment
x. Stopping of increments/promotion
xi. Reverting, demotion
xii. Transfer
xiii. Dismissal

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xiv. Withdrawal of residential facilities and prohibition from entry on the

campus etc.
xv. Any other relevant mechanism.

2. In case of students, disciplinary action could be in the form of:

i. Warning
ii. Written apology
iii. Bond of good behaviour
iv. Gender sensitization
v. Counselling
vi. Debarring entry into a hostel/ campus
vii. Withholding results
viii. Debarring from exams
ix. Debarring from contesting elections
x. Debarring from holding posts
xi. Expulsion
xii. Denial of admission
xiii. Declaring the harasser as "persona non grata" for a stipulated period of time
xiv. Any other relevant mechanism.

3. Penalties in Case of Outsiders:

i. Warning, reprimand, or censure.
ii. A letter communicating her/his misconduct to her/his place of education,
employment or residence.
iii. Declaration of the campus as out of bounds for her/him, and/or a bar on
appearing for the entrance examination/interview to any programme of
study offered by Nalsar.
iv. Any other action as may be necessary.
4. Penalties in Case of Service Providers
i. Warning, reprimand, or censure
ii. A letter communicating her/his misconduct to her/his place of employment.
iii. Declaration of the campus as out of bounds for her/him.
iv. Withdrawal of the right to run/manage/work in any commercial enterprise,or
to provide services, on the campus.
v. Any other action as may be necessary.

Provided that in any case, reasons for the action taken shall be provided to the offender in
writing.
Provided further that action may also be taken against any person who tries to coerce or
pressurize the aggrieved person in any way.

5. Penalty in Case of a Second Offence: A second, or repeated offence, may, on the

recommendation of Committee, attract a major penalty.

6. Where Sexual Harassment amounts to criminal offence: Where the conduct of Sexual
Harassment amounts to a specific offence under the Indian Penal Code (45 of 1860) or
under any other law; it shall be the duty of the Committee to immediately inform the
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aggrieved person of her right to initiate action in accordance with law with the appropriate
authority, and to give advice and guidance regarding the same. Any such action or
proceedings initiated shall be in addition to proceedings initiated and /or any action taken
under this Rules.

XV. ANNUAL REPORT OF THE INTERNAL COMPLAINTS COMMITTEE 

As required by the Supreme Court Judgement, the University administration shall forward to
the General Council, the Annual Report of Committee together with a written report on the
Action Taken by them on the recommendations of the Committee.

XVI. MEETINGS OF THE INTERNAL COMPLAINTS COMMITTEE

The Internal Complaints committee shall hold at least two public meetings every year where
it shall report to the University community about its activities. Of these, at least one meeting
shall be called specifically for the purpose of the presentation of the Annual Report.

PART C: MISCELLANEOUS

XVII. PROTECTION AGAINST VICTIMISATION

1. If the aggrieved person is a student and the respondent is a teacher, during the
investigation and enquiry, and even after such an enquiry if the teacher is found guilty,
the respondent shall not supervise any academic activity of the student, including but
not limited to, evaluation and examination, re-examination, and supervision of research.

2. If a witness named by the aggrieved person is a student and the respondent is a teacher,
during the duration of the investigation and enquiry, and even after such an enquiry if
the teacher is found guilty, the respondent shall not supervise any academic activity of
the student, including but not limited to, evaluation and examination, re-examination,
and supervision of research.

3. If both the aggrieved person and the alleged respondent are members of the academic
and/or non-teaching staff of the University, during the duration of the investigation and
enquiry, and even after such an enquiry if the respondent is found guilty, the respondent
shall not write the Confidential Reports of the aggrieved person, if she/he is otherwise
so authorized.

4. If witnesses named by the aggrieved person and the respondent are members of the
academic and/or non-teaching staff of the University, during the duration of the
investigation and enquiry, and even after such an enquiry if the respondent is found
guilty, the respondent shall not write the Confidential Reports of the aggrieved person,
if she/he is otherwise so authorized.

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NALSAR Regulations for the Internal Complaints Committee against sexual harassment

5. If the respondent is a visitor, during the duration of the investigation and enquiry, and
even after such an enquiry if the respondent is found guilty, the respondent shall not be
allowed to enter the campus, except for the purpose of attending the present enquiry.

6. If the respondent is a service provider, during the duration of the investigation and
enquiry, and even after such an enquiry if the respondent is found guilty, the order of
restraint issued in accordance with the procedures shall be in force at all times.

XVIII. Preventive and remedial activities of the Internal Complaints Committee

a To publicize widely the policy against sexual harassment through the

prospectus, programme guide or other appropriate documents and display the same on
notice boards, websites, offices and residential areas etc.
Explanation: Every recruitment/admission announcement must state:
NALSAR has a policy against sexual harassment and is committed to providing an
environment free from sexual harassment in the University.
b To regularly organize and carry out programmes for gender sensitization
of the University community through workshops, seminars, posters, film shows,
debates etc. For this, CASH may enlist the help of specialized NGOs to carry out
these programmes.
c To take suomoto notice of practices in violation of gender sensitivity and
gender justice on campus.
d To ensure the prominent publicity of the Policy in all Centres, Schools,
Hostels, offices of administration, as well as in all public places on the campus such
as the library, health centre, residential areas, canteens, shopping centres, etc.
e To conduct at least one major activity per semester involving large
sections of the University community.

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