Selection of the Internal Complaint Committee members is extremely important as in most cases the committee members, if in sub-ordinate position of power at workplace to that of accused, find it very difficult to diligently carry out the responsibilities bestowed on them as heads or members of the Committee, against the superiors.
The Internal Complaints Committee must remember:
- It needs extensive orientation for effective functioning.
- It cannot function like a criminal court.
- The complainant, when she complains, has at stake her personal life and career.
- The impact sexual harassment has on a woman
- It is difficult for a woman to talk about anything sexual. Hence there can be long time interval between the harassment and the actual complaint.
- It needs to handle complaints in a confidential manner and within a time-bound framework
- It needs to submit an annual report on sexual harassment to the appropriate government authority.
Powers of the Committee
- The Committee shall have the power to summon witnesses and call for documents or any information from any employee/student.
- If the Committee has reason to believe that an employee/student is capable of furnishing relevant documents or information, it may direct such person to produce such documents or information by serving a notice in writing on that person, summoning the person, or calling for such documents or information at such place and within such time as may be specified in the written notice.
- Where any relevant document or information is recorded or stored by means of a mechanical, electronic or other device, the Committee shall have the power to direct that the same be produced, or that a clear reproduction in writing of the same be produced.
- Upon production of documents / information called for by it, the Committee shall have the power to (i) make copies of such documents / information or extracts there from; or (ii) retain such documents / information for such period as may be deemed necessary for purposes of the proceedings before it.
- The Committee shall have the power to issue interim directions to / with regard to any person participating in the proceedings before it.
- The Committee shall have the power to recommend the action to be taken against any person found guilty of (a) sexually harassing the complainant; (b) retaliating against / victimizing the complainant or any other person before it; and (c) making false charges of sexual harassment against the accused person.
Functions of the Committee
Preventive Steps
It will be the endeavor of the committee:
- To facilitate a safe environment that is free of sexual harassment;
- To promote behaviors that creates an atmosphere to ensure gender equality and equal opportunities.
Remedial Steps
- To ensure that the mechanism for registering complaints is safe, accessible and sensitive.
- To take cognizance of complaints about sexual harassment, conduct enquiries, provide assistance and redressal to the victims, recommend penalties and take action against the harasser, if necessary.
- To advise the competent authority to issue warnings or take the help of the law to stop the harasser, if the complainant consents.
- To seek medical, police and legal intervention with the consent of the complainant.
- To make arrangements for appropriate psychological, emotional and physical support (in form of counseling, security and other assistance) to the victim if so desires.
Procedure to be Followed by the Committee
- The Committee shall meet as and when any complaint is received by it. Complaint may be received by any member of the committee.
- The Committee may direct the complainant to prepare and submit a detailed statement of incidents if the written complaint lacks exactness and required particulars, within a period of two (2) days from such direction or such other time period that the Committee may decide.
- The Committee shall direct the accused employee(s) to prepare and submit a written response to the complaint / allegations within a period of four (4) days from such direction or such other time period as the Committee may decide.
- Each party shall be provided with a copy of the written statement(s) submitted by the other.
- The Committee shall conduct the proceedings in accordance with the principles of natural justice. It shall allow both parties reasonable opportunity of presenting their case. However, should the accused choose not to participate in the proceedings, the Committee shall continue ex parte.
- The Committee shall allow both parties to produce relevant documents and witnesses to support their case. Documents produced by either party shall be affixed with that party’s signature to certify the document as original / true copy.
- The party against whom the document / witness is produced shall be entitled to challenge / cross-examine the same.
- The Committee shall sit on a day-to-day basis to record and consider the evidence produced by both parties.
- As far as practicable, all proceedings of the Committee shall take place in the presence of both parties.
- Minutes of all proceedings of the Committee shall be prepared and duly signed by the members of the Committee.
- The Committee shall make all endeavors to complete its proceedings within a period of fifteen (15) days from the date of receipt of complaint.
- The Committee shall record its findings in writing supported with reasons and shall forward the same with its recommendations, to the Principal/Management, within a period of five (5) days from completion of the proceedings before it. In case the Committee finds that the facts disclose the commission of a criminal offence by the accused person, this shall be specifically mentioned in the Committee’s report.
- If, in the course of the proceedings before it, the Committee is satisfied that a prima facie case of sexual harassment is made out against the accused employee(s)/student and that there is any chance of the recurrence of any such action, or that it is required to do so in the interests of justice, it may, on the request of the complainant or otherwise, disciplinary action could be initiated in the form of:-
- Warning
- Written apology
- Bond of good behavior
- Adverse remarks in the confidential report
- Debarring from supervisory duties
- Denial of membership of statutory bodies
- Denial of re-employment/re – admission
- Stopping of increments / promotion/denying admission ticket
- Reverting, demotion
- Suspension
- Dismissal
- Any other relevant mechanism
If, in the course of the proceedings before it, the Committee is satisfied that any person has retaliated against / victimized the complainant or any person assisting the complainant as a result of the complaint having been made or such assistance having been offered, the Committee shall report the same in writing, to the Principal/Management, with reasons and with recommendations of the action to be taken against such person.
If, at the culmination of the proceedings before it, the Committee is satisfied that the complainant has knowingly brought false charges of sexual harassment against any person, it shall report the same in writing to the Principal/Management, with reasons and with recommendations of the action to be taken against such person.
Annual Report
The Chairperson of the Committee will prepare an Annual Report at the end of each academic year, giving a full account of the activities of the Committee during the year gone by. A copy of the report may be sent to the Laureate Institute management and the UGC.
The ICC Comprises of the Following Members
| S.No | Post | Name of Member | Designation |
| 1 | Presiding Officer | Mrs. Arti Devi | Chairperson |
| 3 | Faculty Members | Ms. Astha Sharma | Member |
| 4 | Faculty Members | Ms. Shanu Priya | Member |
| 5 | Non-Teaching Employees | Ms. Saroj | Member |
| 6 | Non-Teaching Employees | Mr. Rakesh | Member |
| 7 | A member from NGO or a person familiar with sexual harassment issues | Mrs. Rooma Kaundal, ZIP, Dehra | Member |
| 8 | Student Nominees | Mr. Ayusha Gupta (M.Pharm) | Member |
| 9 | Student Nominees | Ms. Amita (B. Pharm. 8th Sem.) | Member |
| 10 | Student Nominees | Mr. Deepak Sharma
(B. Pharm. 5th Sem.) | Member |
*Ms. Astha Sharma will act as the Member Secretary
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