POLICY ON SEXUAL HARASSMENT OF WOMEN AT WORKPLACE
1.1 DJAME a unit of GKD CHARITY TRUST established under Indian Trust Act, 1882 is an Institution that is committed to creating a healthy working and studying environment that enables employees and students to work or study without fear of prejudice, gender bias and sexual harassment. The Institution also believes that all employees and students of the Institution have the right to be treated with dignity. Sexual harassment at the work place or other than work place if involving employees and students is a grave offence and is, therefore, punishable.
2.1 This Policy extends to all employees and students of D.J.Academy and is deemed to be incorporated in the service conditions of all employees and Admission conditions of students and comes into effect immediately.
2.2 Sexual harassment would mean and include any of the following:
i) Unwelcome sexual advances, requests or demand for sexual favors, either explicitly or implicitly, in return for employment, promotion, examination or evaluation of a person towards any company activity or Academic activity or any other thing;
ii) Unwelcome sexual advances involving verbal, non-verbal, or physical conduct such as sexually colored remarks, jokes, letters, phone calls, e-mail, gestures, showing of pornography, lurid stares, physical contact or molestation, stalking, sounds, display of pictures, signs, verbal or non-verbal communication which offends the individuals sensibilities and affect her/his performance;
iii) eve-teasing, innuendos and taunts, physical confinement against one’s will and likely to intrude upon one’s privacy;
iv) Act or conduct by a person in authority which creates the environment at workplace or premises hostile or intimidating to a person belonging to the other sex;
v) Conduct of such an act at work place or within premises or outside in relation to an Employee or student of D.J.Academy, or vice versa during the course of employment or study; and
vi) Any unwelcome gesture by an employee or student having sexual overtones
2.3 “Women” means, a woman, of any age whether employed or admitted to study in D.J.Academy on any capacity (or) any woman who visits the D.J.Academy connected to any official (or) non-official purposes.
2.4 “Employee” means any person on the rolls of the D.J.Academy including those on deputation, contract, trainees, probationers or working as consultants.
2.5 “Student” means any person admitted on the rolls of the D.J.Academy including Research scholars and those on visit or deputation from any other places.
3.1 A Committee has been constituted by the Management to consider and redress complaints of Sexual Harassment in the Institution. The Chairman and Members of the Committee are as follows:
3.2 A quorum of 3 members is required to be present for the proceedings to take place. The quorum shall include the Chairperson, at least two members.
4.1 Any woman who feels and is being sexually harassed directly or indirectly may submit a complaint of the alleged incident to any member of the Committee in writing with her signature within 10 days of occurrence of incident.
4.2 The Committee will maintain a register to endorse the complaint received by it and keep the contents confidential, if it is so desired, except to use the same for discreet investigation.
4.3 The Committee will hold a meeting with the Complainant within five days of the receipt of the complaint, but not later than a week in any case.
4.4 At the first meeting, the Committee members shall hear the Complainant and record her allegations. The Complainant can also submit any corroborative material with a documentary proof, oral or written material, etc., to substantiate her complaint. If the Complainant does not wish to depose personally due to embarrassment of narration of event, a lady Officer shall meet and record the statement.
4.5 Thereafter, the person against whom complaint is made may be called for a deposition before the Committee and an opportunity will be given to him / her to give an explanation, where after, an “Inquiry” shall be conducted and concluded.
4.6 In the event, the complaint does not fall under the purview of Sexual Harassment or the complaint does not mean an offence of Sexual Harassment, the same would be directed to Head-HRD for suitable disciplinary proceedings in case of Employees and to the INSTITUTIONAL HEAD in case of students.
4.7 In case the complaint is found to be false, the Complainant shall, if deemed fit, be liable for appropriate disciplinary action by Head-HRD in case of employees or the INSTITUTIONAL HEAD in case of students.
5.1 The Committee shall immediately proceed with the Inquiry and communicate the same to the Complainant and person against whom complaint is made.
5.2 The Committee shall prepare and hand over the Statement of Allegation to the person against whom complaint is made and give him / her an opportunity to submit a written explanation if she / he so desires within 7 days of receipt of the same.
5.3 The Complainant shall be provided with a copy of the written explanation submitted by the person against whom complaint is made.
5.4 If the Complainant or the person against whom complaint is made desires any witness/es to be called, they shall communicate in writing to the Committee the names of witness/es that they propose to call.
5.5 If the Complainant desires to tender any documents by way of evidence before the Committee, she shall supply original copies of such documents. Similarly, if the person against whom complaint is made desires to tender any documents in evidence before the Committee he / she shall supply original copies of such documents. Both shall affix his / her signature on the respective documents to certify these to be original copies.
5.6 The Committee shall call upon all witnesses mentioned by both the parties.
5.7 The Committee shall provide every reasonable opportunity to the Complainant and to the person against whom complaint is made, for putting forward and defending their respective case.
5.8 The Committee shall complete the “Inquiry” within reasonable period but not beyond three months and communicate its findings and its recommendations for action to the INSTITUTIONAL HEAD as the case may be. The report of the committee shall be treated as an inquiry report on the basis of which an erring employee or Student can be awarded appropriate punishment straightaway.
5.9 The INSTITUTIONAL HEAD with the consent of TRUSTEE will direct appropriate action in accordance with the recommendation proposed by the Committee.
5.10 The Committee shall be governed by such rules as may be framed by the Supreme Court orders or any other legislation enacted later on.
6.1 The Committee may recommend to the Head-HRD or the INSTITUTIONAL HEAD action which may include transfer, salary deduction / fine or any of the other appropriate disciplinary action in case of an Employee and Transfer, suspension, Fine/penalty, Expulsion from the hostel or Institute or any other suitable punishment in case of a student.
6.2 The Management shall provide all necessary assistance for the purpose of ensuring full, effective and speedy implementation of this policy.
6.3 Where sexual harassment occurs as a result of an act or omission by any third party or outsider, D.J.Academy shall take all steps necessary and reasonable to assist the affected person in terms of support and preventive action.
6.4 The Committee shall analyze and put up report on all complaints of this nature at the end of the year for submission to the INSTITUTIONAL HEAD and TRUSTEE.
6.5 In case the Committee finds the degree of offence coverable under the Indian Penal Code, then this fact shall be mentioned in its report and appropriate action shall be initiated by the INSTITUTIONAL HEAD with the consent of TRUSTEE, for making a Police Complaint.