ANATOMY GURU - POLICY ON PREVENTION AND PROHIBITION OF SEXUAL HARASSMENT AT EDUCATIONAL ACADEMY, 2019

PREAMBLE

 

Anatomy Guru (AG) believes that all employees and students, alike, have a right to be treated with respect and dignity. The academy is committed towards creating a healthy working/studying environment that enables employees to work and students to gain their education without fear or prejudice, gender bias, hostility or sexual harassment.

 

Sexual harassment is considered a human rights violation, and has been condemned in India as a violation of the Fundamental Rights of an individual. Accordingly, the Sexual Harassment of Women at Educational institute (Prevention, Prohibition and Redressal) Act, 2013 and the Sexual Harassment of Women at Educational institute (Prevention, Prohibition and Redressal) Rules, 2013 (hereinafter referred to as the SHWW Act and SHWW Rules respectively) were brought into force w.e.f. 22nd April, 2013. The said Act was promulgated to provide protection to women against sexual harassment at educational institute and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto. This legislation makes it mandatory for Employers and Educational Institutions to put in place certain measures for the protection of women employees, students, etc., and provide procedures to be followed for redressal of complaints. In the meantime, the Ministry of Human Resource Development, University Grants Commission has notified the University Grants Commissioner (Prevention, Prohibition & Redressal of Sexual Harassment of Women Employees & Students in Higher Educational Institutions) Regulations, 2015 (hereinafter referred to as “UGC Regulations”) providing for the procedure for constitution of the Internal Committee, inquiry into complaints etc. It has been brought into force w.e.f. 02.05.2016.

 

We, at AG believe that all our girl/women students, faculty and staff; deserve a safe and secure work environment to ensure protection of their basic human as well as Fundamental Rights.

 

In light of the above and in accordance with the SHWW Act, SHWW Rules read with UGC Regulations the academy has framed this policy for the Prevention of Sexual Harassment at educational institute.

 

 

 

  1. COMMITMENT

 

AG (hereinafter also referred to as the ’academy’) is committed to provide a work environment that ensures that every employee is treated with dignity and respect and afforded equitable treatment. The Academy is also committed to promote a work environment that is conducive to the professional growth of its employees and encourages equality of opportunity.

 

AG further believes that all its students deserve an education without fear from discrimination and sexual harassment, in order for their education to be more effective and valuable.

 

The Academy will not tolerate any form of sexual harassment and is committed to take all necessary steps to ensure that its women employees and students are not subjected to any form of harassment.

 

  1. SCOPE, APPLICABILITY & EXTENT

 

  1. This policy is applicable to all the administrative and educational wings of the Academy and to all categories of employees teaching and non -teaching including administrative staff, workmen, temporary staff, engaged either directly or through an agency, trainees, employees on contract, Faculty including Guest Faculty, persons working on projects, either at its educational institute or during visits to partner organisations and students.

  2. This policy is also applicable to all complaints of sexual harassment made by an aggrieved girl/woman in relation to the ‘educational institute’ against:

    1. any person of the Academy irrespective of the location where such harassment took place i.e. within or outside campus as long as it is within the definition of an ‘educational institute’.

    2. any person (outsider) of the Academy when sexual harassment is alleged to have taken place within the Academy/campus (educational institute).

 

3.DEFINITIONS

 

  1. “Aggrieved woman” means and includes in relation to an educational institute, a woman of any age whether employed or not (student), who alleges to have been subjected to any act of Sexual Harassment by the Respondent;

 

 

 

  1. “Complainant” means and includes, in relation to an educational institute, an aggrieved woman, who alleges sexual harassment against her or in case, the aggrieved woman is unable to file a complaint on her own, then any person, filing the complaint on behalf of the aggrieved woman in the manner stipulated in clause 12 of this Policy.

 

  1. “Complaint” means a complaint made in accordance with clause 12(i) of this policy.

 

  1. “Campus” means and includes all places of work and residence at the Academy including any existing or likely to be set up infrastructures and Academy’s extension campuses. It also includes all places of instruction, classrooms, terrace, staircase, basement parking, 1st, 2nd, 3rd floors of the academy building, or any other location in the Academy or any of its extended campuses, lanes, roads canteens (Vijayalaxmi, Bawarchi or any other eating or hang out place in and around the academy), ATM, and Health Centre like Sagar Hospital etc.

Further it also includes the Institutional facilities like Libraries, Lecture Halls, exam hall, toilets, faculty room, Control room, student nap room, etc.

 

  1. "Chairperson” means the Managing Director of the Internal Committee nominated under Rule 3 of the Anatomy Guru – Terms & Conditions, 2019 who shall be a woman.

 

  1. “Employer” means and includes Managing Director of the Anatomy  Guru.

 

  1. “Employee” includes all categories of employees, (both teaching and non- teaching including permanent, temporary or contract employees) engaged directly or through an agency.

 

  1. “Hostile Work Environment” means an environment created by actions of the Respondent which has an effect on an individual’s educational or work performance and creates an intimidating antagonistic employment, educational and living environment.

 

  1. “Internal Committee, also referred to as IC” means a Committee constituted by the Disciplinary Authority/ Director for the purpose of dealing with all matters in relation to Sexual Harassment.

 

  1. “Member” means a member of the Internal Committee.

 

  1. “Respondent” means a person including an Employee, Student or third party against whom the Complainant has made a complaint.

 

  1. “Rules” means the Anatomy Guru –Terms & Conditions - Rules for Internal Committee, 2019

 

  1. “Student” means and includes students of the Academy either  studying part-time or full time;

 

  1. “Sexual Harassment” includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication) namely:

    1. Physical contact and advances;

    2. A demand or request for sexual favours;

    3. Making sexually coloured remarks;

    4. Showing pornography;

    5. Any other unwelcome physical, verbal or non-verbal conduct of sexual nature, and

    6. Any other acts or omissions that are of like nature to the instances above.

 

  • “educational institute” means and includes entire premises of AG, places of instructions and storage or other premises where the Academy’s activities are conducted and also includes

 

  1. any premises / sites including field offices or any other campus where Academy-related activities are being performed including classes, exams/tests and seminars etc, either conducted by the Academy inside or outside its premises , which shall also include travel to such other place including the transportation, whether provided by the employer or not for undertaking such journey.

 

  1. any social, business or other functions, including academy fests or birthday parties/celebrations.

 

4.INSTANCES OF SEXUAL HARASSMENT

 

The following circumstances, among other circumstances, can amount to Sexual Harassment: if it occurs or is present in relation to or connected with any act or behaviour of sexual harassment:

 

  1. interference with the work of the woman and creating an intimidating or offensive or hostile work/study environment for her;

 

  1. meting out of humiliating treatment which is likely to affect the girl/woman’s health or safety;

 

  1. sharing sexist jokes, letters, messages either by electronic mail, mobiles or otherwise that may cause humiliation or offense to the aggrieved girl/woman and despite requests by the aggrieved girl/woman or others to desist from sharing the same, are still carried out by the offender or even without such advice, when they are, by their nature, humiliating, offensive or vulgar;

 

  1. display of sexually offensive pictures, materials or graffiti;

 

  1. unwelcome inquiries or comments about a person’s sex life;

 

  1. unwelcome sexual flirtation, advances, propositions;

 

  1. making offensive gesticulations, at the aggrieved girl/woman or verbal abuse with sexual overtones;

 

  1. persistent unwanted attention with sexual overtones or stalking or unwanted touching or brushing against an aggrieved girl/woman’s body;

 

  1. Derogatory or degrading remarks or innuendoes directed toward the members of one sex, or one’s sexual orientation or used to describe a person.

 

NOTE: The above instances of sexual harassment are illustrative and not exhaustive.

 

  1. CONSTITUENTS OF SEXUAL HARASSMENT

 

  1. The Conduct must be unwelcome, unwanted, uninvited, unreasonable, and offensive to the Aggrieved girl/Woman adversely affecting the dignity of the Aggrieved girl/Woman

  2. Physical contact is not an essential factor for Sexual Harassment.

  3. The aggrieved girl/woman’s rejection of or submission to such conduct is used explicitly or implicitly as a basis for a decision which affects the aggrieved girl/woman’s job or education.

  4. Conduct that creates an intimidating, hostile or humiliating working environment for the aggrieved girl/woman.

  5. Acts of Sexual Harassment, among other circumstances/acts, may be related to employment or work or a student’s course. Therefore, all acts committed outside the academy, for example in the cafeteria, mess, on way to paying guest (PG) or residential place, etc. shall be covered.

  6. The respondent can be anyone over whom the Academy has sufficient control and without limitation, can be the aggrieved girl/woman’s boss, teacher, colleague, mentor, co-worker/student, vendor, contractor or agent of the Employer etc.

 

  1. EXCLUSION

 

It is to be noted that this Policy does not apply when the Aggrieved girl/Woman is performing work/study which is outside the purview of an educational institute.

 

  1. THIRD-PARTY HARASSMENT

 

  1. Third-party harassment means Sexual Harassment perpetrated by visitors, patrons, vendors, independent contractors, auditors, consultants, and others with whom the Employees and Students have come in contact, directly or indirectly, as the Academy or people involved with the activities of the Academy may be having a relationship including a business relationship with them.

 

  1. Where an act of Sexual Harassment at the educational institute occurs as a result of an act or omission by any third party, the Academy shall take all steps necessary and reasonable to assist the aggrieved girl/woman or the complainant in terms of support and preventive action.

 

  1. Further, where the Respondent is a third party and the Academy has no control over the employment of such person, the IC shall forward such complaints to the Employer of the Respondent, or assist the aggrieved woman or the complainant in filing an FIR with the police.

 

  1. PREVENTION OF SEXUAL HARASSMENT

 

  1. Any behaviour leading to or committed towards Sexual Harassment is unacceptable and the Academy shall strive through sensitization, awareness and deterrence to create an environment that is free from such behaviour.

  2. All Employees and Students, shall:

 

  1. treat others with respect and dignity.

  2. refrain from actions that may offend, embarrass or humiliate others (whether deliberate or unintentional).

  3. let others know you don’t approve of disrespectful or harassing behaviour.

  4. apologise if someone tells you they are offended by your words or actions; and

  5. familiarise yourself with this Policy.

 

  1. ZERO TOLERANCE TO RETALIATION/VICTIMISATION/DISCRIMINATION

 

If an Employee/Student feels that he/she is experiencing any kind of retaliation, victimisation or discrimination in the nature of intimidation, pressure to withdraw the complaint or threats for reporting, testifying or otherwise participating in the proceedings, he/she should immediately report the matter by sending email to any member of the IC The Academy strictly prohibits retaliation/, victimisation/ discrimination against any employee/student/complainant/aggrieved woman for either filing a complaint or helping in addressing the complaint. Any retaliation or reprisals are subject to immediate corrective action, up to and including suspension and termination in case of any physical assault. Alleged retaliation or reprisals are subject to the same complaint procedures and disciplinary action as complaints of Sexual Harassment.

 

  1. COMPLAINT OF SEXUAL HARASSMENT

 

  1. Any aggrieved woman or a person on behalf of the aggrieved woman, being the complainant may make, a complaint of sexual harassment in writing, within three months from the date of the incident and in case of series of incidents, within a period of three months from the date of the last incident., However, the IC may extend the period beyond three months, but not exceeding three months thereafter, for the reasons to be recorded in writing, if it is satisfied that circumstances prevented the aggrieved woman/person making the complaint within the said period.

 

 

  1. The Presiding Officer or any member of the IC may also render reasonable assistance to the aggrieved person, for making any such complaint in writing, if he/she is unable to make the complaint in writing themselves and read out the complaint to the Complainant in the language requested by the Complainant, and to obtain the signatures of the Complainant.

 

  1. Where the aggrieved girl/woman is unable to make a complaint, on account of her physical incapacity, the complaint can be filed by her relative or friend or co-employee or any officer of National Commission for Women or State Women’s Commission or any person who has the knowledge of the incident, with the written consent of the aggrieved girl/women;

 

  1. Where the aggrieved girl/woman is unable to make a complaint due to mental incapacity, it can be filed by her relative or friend or a special educator or a qualified psychiatrist or psychologist or guardian under whose care she is receiving treatment or care or any person who has knowledge of the incident, jointly with the aforesaid persons.

 

  1. Where the aggrieved girl/woman is dead, complaint can be filed by any person who has knowledge of the incident with the written consent of her legal heir.

 

  1. CONCILIATION

 

  1. The IC may, at the request of the aggrieved girl/woman, take steps to settle the issue between her and Respondent by means of conciliation provided that no monetary settlement shall be made as a basis of such conciliation.

  2. Where a settlement has been arrived at under Clause 13(i), the IC shall record the settlement so arrived and forward the same to the Employer to take action as specified in the recommendation.

 

  1. The IC, as the case may be, shall provide copies of the settlement as recorded under Clause 13(ii), to the aggrieved Woman and the Respondent.

 

  1. Where a settlement is arrived at under Clause 13(i), no further inquiry shall be conducted by the IC.

  2. The IC may proceed to record a settlement as aforesaid only if it is satisfied that the aggrieved girl/woman has agreed for such settlements, voluntarily and without pressure/undue influence or co- erosion from the Respondent or any person acting for and on his/her behalf.

 

 

  1. INQUIRY REPORT

 

  1. On completion of the Inquiry, the IC shall provide a Report of the findings to the Employer and both the parties within a period of ten days from the date of completion of inquiry.

 

  1. Where the IC arrives at a conclusion that the allegations against the respondent have not been proved, it shall recommend to the employer that no action is required to be taken in the matter

 

  1. Where the IC arrives at a conclusion that the allegation against the respondent has been proved, it shall recommend to the Employer/Disciplinary Authority;

 

  1. to take further action for imposition of punishment for proved misconduct under the Service Rules as applicable in the event the Respondent is an employee. Accordingly, the Employer/Disciplinary Authority shall proceed to issue a show cause notice proposing punishment giving the Respondent reasonable time to submit his reply. Thereafter, the Disciplinary Authority shall proceed to impose any of the punishments as stipulated in the Service Rules which is commensurate with the gravity of the proved misconduct.

 

  1. Penalties: Any person found guilty of sexual harassment at educational institute , shall be subject to any of the below mentioned penalties (based on severity of case), with/or without compensation:

 

i.Penalty for Students: The following penalties (one or more)may be imposed if the Respondent is a student

 

  1. Written apology

  2. Warning

  3. Reprimand or censure

 

  1. Penalty for Employees: Any employee/student, found guilty of sexual harassment shall be imposed with penalties - as enumerated in Rule 11 of Central Civil Services (Classification Control and Appeal Rules as contained in the Anatomy Guru – terms and conditions, 2019.

 

Irrespective of and without prejudice to complaints initiated before the IC, Complainant may, at her sole discretion, also choose to lodge a complaint with the Jurisdictional Police Station for the same offence with the Police. The IC shall provide reasonable assistance to the Police in its investigation. IC may take note of the findings by the Police and/or any other competent authority, in arriving at its recommendations and conclusion. The Respondent shall be subject to any findings or order of any competent authority, including but not limited to, a Court of Law.

 

14.Punishment for false or malicious complaint and false evidence:

 

  1. Where the IC arrives at a conclusion that the allegation against the Respondent is malicious or the aggrieved girl/woman / Complainant has made such complaint knowing it to be false or any evidence produced by the aggrieved girl/woman or the Complainant is forged, fabricated and/or misleading, it may recommend to the Employer to take action including disciplinary action against such aggrieved girl/woman/ Complainant in a manner as may be prescribed.

 

Provided that a mere inability to substantiate a complaint or provide adequate proof or investigation being rendered inconclusive due to any circumstance, which may make it difficult to prove such allegation, need not attract such action

 

Provided further that the malicious intent on the part of the aggrieved girl/woman/ Complainant shall be established only after an inquiry in accordance with the procedure prescribed, before any action is recommended or taken.

 

  1. Where the IC arrives at a conclusion that during the inquiry any witness has given false evidence or has produced any forged or misleading document, it may recommend to the employer to take action against such witness in accordance with the service rules applicable on such witness or such other manner as may be prescribed.

 

15.PROHIBITION OF PUBLICATION OR MAKING KNOWN CONTENTS OF COMPLAINT OR INQUIRY PROCEEDINGS

 

Notwithstanding anything contained in the Right to Information Act, 2005, the contents of the Complaint made under this Policy, the identity and addresses of the Aggrieved girl/woman respondent and witnesses, any information relating to the conciliation and inquiry proceedings, recommendations of the IC and the action taken by an employer under this Policy, shall not be published, communicated, or made known to the public, press or media in any manner;

 

Provided that any information may be disclosed/disseminated for securing justice to the victim of sexual harassment without disclosing the name, identity or any other particulars vis-a-vis the aggrieved woman/victim/complainant and witnesses.

 

  1. Penalty for publication or making known contents of complaint and inquiry proceedings: Where any person entrusted with the duty to handle or deal with the complaint, inquiry or any recommendations or action to be taken under the provisions of the Act violates confidentiality, he/she shall be liable for a financial penalty and immediate removal from their role as a member of the committee.

 

Where the Complainant, the Respondent and/or any other Employee or Student, who is a part of the proceedings of the complaint as a witness, violates the confidentiality provisions of this Policy, he/she shall be subject to appropriate action/disciplinary action.

Anatomy Guru
1st  floor, R.C.C Chamber
#4, 30th Cross, Bannergatta Road Extension
'T ' Block, Jayanagar, Bangalore -560041
Landmark: opposite Sagar Hospital 
Phone: 080-41147216
Mobile: +91 962 019 5980

Email - contact@anatomyguru.in

Tel: +91 962 019 5980  | contact@anatomyguru.in

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