Drafted by members of the Mumbai Campaign Against Sexual Harassment

It shall be binding not only on the employees and the management but also on students and third party harassment on University or college premises. This Policy will be binding on all those who come within the purview of the University and it is expected that it will be implemented immediately and continuously.

Sexual harassment as generally understood is of two kinds: hostile environment and quid pro quo. Hostile work environment includes pornography in public places, foul language, etc. This may not be directed at any woman employee or student in particular, but the effect on the women is one of discomfort. Second, quid pro quo i.e. "in exchange" for favours such as promotions, employment perks, examination results, etc.

1. SHORT TITLE, EXTENT AND COMMENCEMENT:
 
This Policy will be called the Policy concerning sexual harassment in educational institutions.

It extends to all the Departments and Faculties of the University, all the Constituent colleges and all the colleges and institutions affiliated to the University, whether such colleges are state owned or privately owned and whether they are aided or unaided.

This policy will come into effect immediately on the date of issuance of this Circular.
 

2. DEFINITIONS

1. "Sexual Harassment", as is provided in the Supreme Court Judgement, includes any unwelcome sexually determined behaviour, direct or by implication, and includes physical contact and advances, a demand or request for sexual favours, sexually coloured remarks, showing pornography, any other unwelcome physical, verbal or non verbal conduct of a sexual nature.

1. When submission to unwelcome sexual advances, requests for sexual favours, and verbal or physical conduct of a sexual nature are made , either explicitly or implicitly, a term or condition of instruction, employment, participation or evaluation of a person’s engagement in any university or college activity.
2. When unwelcome sexual advances and verbal, non-verbal, or physical conduct such as loaded comments, remarks or jokes, letters, phone calls or e- mail, gestures, showing of pornography, lurid stares, physical contact or molestation, stalking, sounds or display of a derogatory nature have the purpose or effect of interfering with an individual’s performance or of creating an intimidating, hostile or offensive University or college environment;
3. When any form of sexual assault is committed where a person uses, the body or any part of it or any object as an extension of the body in relation to another person without the latter’s consent or against that person’s will, and
4. When any such conduct as defined in (i) and (ii) above is committed by a third party or outsider in relation to a member of the University’s or college’s community, or vice vers on the presmises of the university or college

1. "Employee" means any person on the staff of the University or any of the Colleges or Institutions to which this policy is applicable including any teaching or non teaching staff, temporary, part time, honorary, employee by whatever name called and would include employees employed on a casual or project basis and also employed through a contractor.
2. "Student" includes any person who is enrolled for any course, whether by attendance or distance education, with the University or with any of its affiliated colleges or institutions and includes a Post Graduate student, a Research Scholar and a repeater. It also includes a student of another University or another college who has been placed or has opted for placement with the University or any college to which the present policy applies.
3. "College" shall mean and include all colleges and other institutions separately affiliated to theUniversity
4. "NGO" means any Non Governmental Organisation registered as a public trust or a society operating on a secular, non profit basis and involved in work concerning amelioration of status of women and children
5. "Management" means the trustees or the managing or governing body by whatever name called, of any trust registered under the Bombay Public Trusts Act, 1950 or any society registered under the Societies Registration Act, 1860, under whose management a college is functioning.

3. APPLICATION OF THE POLICY

The provisions of this Policy will apply to all the students and employees of University and all the Colleges conducted by this University or affiliated to it as also to third parties to the extent specified in this policy.

4. SCOPE OF THE POLICY

This Policy will be applicable to all allegations of sexual harassment by a student against an employee or a co student, by an employee against a student or another employee, in either case, irrespective of whether sexual harassment is alleged to have taken place within or outside the college premises. It shall also be applicable in respect of all allegations of sexual harassment made by an outsider against a student or employee or made by a student or employee against a third party if the sexual harassment is alleged to have taken place within the college premises.

5. CONSTITUTION OF THE UNIVERSITY CELL TO PREVENT AND DEAL WITH SEXUAL HARASSMENT

1. The University shall, within 30 days of the issuance of this Circular establish a Cell concerning Sexual Harassment to be known as "University Cell".
2. The University Cell shall consist of

1. Vice Chancellor of the University as the Ex Officio Chairperson;
2. Heads of the two Department of the University, in rotation;
3. Heads of two other Departments, at least one of whom will be a woman, to be nominated by the Management Council;
4. Principal of the College of Social Work, ;
5. 4 principals of affiliated colleges, at least two of whom will be women, to be nominated by the Principals’ Association and so that Arts, Commerce, Science, Medical, Engineering and Education streams are represented by rotation and so that at least one of such Principal shall be from a college situated outside Greater Mumbai;
6. 4 members, at least two whom will be women, to be nominated by the recognised Union of the Teaching staff;
7. 4 members, at least two whom will be women, to be nominated by the recognised Union of the Non Teaching Staff;
8. 2 members from NGOs to be nominated by this Cell from the pool of the NGOs (as set out subsequently) in this policy.
9. 4 members, at least two of whom will be a woman, to be nominated from amongst themselves by the Student’s Council.

1. At least 50% of the members of the University Cell shall be women.
2. The term of office of the University Cell shall be 3 years.
3. Provided however that a person shall cease to hold office as a member of the University Cell if he or she ceases to be an employee or student in case of any vacancy due to resignation, termination, death, by a student nominee becoming an ex student, or for any other reason whatsoever, the same shall be filled immediately in accordance with the procedure prescribed in Clause2.
4. The names of persons who are on the University Cell , from time to time, along with their contact places will be displayed at all times in a prominent manner on a conspicuous part of the main Notice Board of the University and in all the colleges.

A person shall be disqualified for being appointed, elected, nominated or designated as, or for being continued as a member of the University Cell if there is any complaint concerning sexual harassment pending against him or if he is found guilty of sexual harassment.

7. VACANCY OF A MEMBER OWING TO ABSENCE WITHOUT PERMISSION

8. RESIGNATION OF MEMBER

9. MEETINGS OF THE UNIVERSITY CELL

1. The University Cell shall meet at least twice every year and six months shall not intervene between two successive meetings.
2. No such meetings shall be called within holidays or vacations or outside regular college hours or within 1 month of any final examinations for which a student member of the University Cell may be appearing.
3. The Chairperson of the University Cell may at any time, and shall upon the written request of not less than one third of the total number of members of the University Cell call a special meeting of the University Cell on a date not later than 15 days after the receipt of such request by the Chairperson.
4. The quorum for any meeting of the University Cell will be 50% of its members. If the quorum is not present at any meeting it shall be adjourned for not more than 7 working days and if at the subsequent meeting a quorum is still not present the meeting shall proceed with those who are present and the proceedings of such a meeting will not be challenged on the ground of absence of quorum.

10. POWERS AND DUTIES OF THE UNIVERSITY CELL

1. To ensure implementation of this Policy in the University Departments and Colleges;
2. To ensure and supervise the proper constitution and functioning of the Complaints Committees set up in various colleges and departments;
3. To organise regular workshops and training programmes for members of the Complaints Committees;
4. To formulate programmes for the spread of awareness of the present policy amongst Managements, employees and students;
5. To hold annual programmes, regular seminars, workshops and meetings on the issue of sexual harassment, to propagate against sexual harassment amongst Managements, students and employees and for the purpose to invite experts or resource persons;
6. To bring out publications in English and Indian languages concerning sexual harassment and also concerning implementation of this policy;
7. To set up a pool of NGOs for carrying out the purposes of this Policy;
8. To act as the Appellate Body in respect of certain complaints as provided subsequently in this policy.

1. The University Cell, shall within 30 days of its Constitution set up a pool of NGOs.
2. For setting up such a pool, the University Cell shall, within 30 days of its first meeting, invite applications from various NGOs by advertising the policy in at least two local newspapers, one in English and one in a regional language.
3. Within 30 days of such advertisement, the applications from various NGOs will be placed before the University Cell. The Cell will decide to accept various NGOs in the pool, there being no maximum limit of the number of NGOs which will be in such pool.
4. No NGO which is connected with any political party will be accepted in the pool.
5. If subsequently, any NGO applies for being accepted on the pool its application will be looked into on the same considerations as above.
6. No NGO or its members shall be involved in more than one investigation or enquiry of sexual harassment under this policy at any point of time.

1. Each college shall within 30 days of this Circular set up a Complaints Committee to deal with cases of alleged sexual harassment and to otherwise implement this policy.
2. The Complaints Committee shall consist of :
1. Principal of the College;
2. 2 members of the Academic staff, at least one of whom should be a woman to be nominated by the recognised union or in the absence of any such recognised union to be elected by all teachers from amongst themselves;
3. 1 woman member from the Non Academic staff to be nominated by the recognised union or in the absence of any such recognised union to be elected by all non teaching staff from amongst themselves;
4. 2 students, at least one of whom shall be a girl student to be nominated by the union or in the absence of any such union to be nominated by the Principal. One of these students nominee will be from the final year and the other from the 2^nd year.
3. At least 50% of the members of the Complaints Committee shall be women.
4. The term of office of the committee shall be 3 years.
5. Provided however that a person shall cease to hold office as a member of the Complaints Committee if he or she ceases to be a Principal, Registrar, employee or student in case of any vacancy due to resignation, termination, death, by a student nominee becoming an ex student, or for any other reason whatsoever, the same shall be filled immediately in accordance with the procedure prescribed in Clause 5.
6. The Ex Officio Chairperson of the Committee will be the Principal, if the Principal is a woman, and if the Principal is a male, Chairperson will be the senior most woman member of the Academic staff who is on the committee.
7. The quorum for any meeting of the Complaints Committee will be 50% of its members. If the quorum is not present at any meeting it shall be adjourned for not more than 7 working days and if at the subsequent meeting a quorum is still not present the meeting shall proceed with those who are present and the proceedings of such a meeting will not be challenged on the ground of absence of quorum.
8. The names of persons who are on the Committee, from time to time, along with their contact places will be displayed at all times in a prominent manner on a conspicuous part of the main Notice Board of the College

A person shall be disqualified for being appointed, elected, nominated or designated as, or for being continued as a member of the Complaints Committee if there is any complaint concerning sexual harassment pending against him or if he is found guilty of sexual harassment.

14.VACANCY OF A MEMBER OWING TO ABSENCE WITHOUT PERMISSION

If a member elected or nominated or designated to the Complaints Committee remains absent without permission of the Committee from three consecutive meetings, her/ his office shall thereupon become vacant.

15.RESIGNATION OF MEMBER

A member of the Complaints Committee not being a member ex officio may resign his/ her office at any time by tendering his/ her resignation in writing to the Ex Officio Chairperson, and such person shall be deemed to have vacated his/ her office as soon as the Chairperson has received the resignation.

16.MEETINGS OF THE COMPLAINTS COMMITTEE

1. Apart from meetings of the Complaints Committee on receipt of complaint, the Complaints Committee shall meet at least twice every year and three months shall not intervene between two successive meetings.
2. The bi annual meetings as provided in sub clause (i) above shall not be called within holidays or vacations or outside regular college hours or within 1 month of any final examinations for which a student member of the Complaints Committee may be appearing.
3. The Chairperson of the Complaints Committee may at any time, and shall upon the written request of not less than one third of the total number of members of the Complaints Committee call a special meeting of the Complaints Committee on a date not later than 15 days after the receipt of such request by the Chairperson.

The powers and duties of the Complaints Committee shall be as follows, namely:

1. to implement the present policy concerning sexual harassment in the concerned college;
2. to formulate programmes for the spread of awareness of the present policy amongst employees and students;
3. to hold annual seminars, workshops and meetings on the issue of sexual harassment, to propagate against sexual harassment amongst students and employees and for the purpose to invite experts or resource persons;
4. to bring out publications in English and Indian languages concerning sexual harassment and also concerning implementation of this policy;
5. to process individual grievances concerning sexual harassment and to take suitable action in the manner and mode more particularly provided hereafter
6. to exercise such other powers and perform such other duties as may be conferred or imposed on it by or under this Policy;
7. to do all such acts and things as may be necessary to carry out the objects of this Policy.

Any employee or student found guilty of sexual harassment shall be liable to be punished.

19.PENALTIES

(a) An employee guilty of sexual harassment shall be liable for any of the following penalties:

1. Warning, reprimand or censure;
2. Withholding of an increment for a period not exceeding one year;
3. Reduction in rank;
4. Termination of service

Provided however, that in addition to all these penalties the employee can also be required to give a written apology to the victim and upon his failure to do so his punishment can be enhanced

(b) A student guilty of sexual harassment shall be liable for any of the following penalties:

1. Warning, reprimand or censure;
2. Suspension from the college for a period upto 1 month;
3. Debarment from appearing for the final examination for a period up to 3 years;
4. Rustication from the College.

Provided however, that in addition to all these penalties the employee or the student can also be required to give a written apology to the victim and upon his failure to do so his punishment can be enhanced.

20.CLASSIFICATION OF PENALTIES

The penalties shall be classified as minor and major penalties as under:

(I) minor penalties-

1. reprimand,
2. warning,
3. censure,
4. withholding of an increment not exceeding one year
5. suspension from the college for a period upto one month.

1. Withholding of increment for more than 1 year;
2. Reduction in rank;
3. Termination of service
4. Debarment from appearing for the final examination for a period up to 3 years;
5. Rustication from the College.

21. GRIEVANCE PROCEDURE

1. Any woman employee or female student will have a right to lodge a complaint concerning sexual harassment against a male student or employee or an outsider with any of the members of the Complaints Committee.
2. Such a complaint may be oral or in writing.
3. If the Complaint is oral the same shall be reduced in writing in detail by the committee member to whom the complaint is made.
4. The Complainant will be afforded full confidentiality at this stage.
5. Immediately upon receipt of the Complaint, and within not more than 2 working days, the member of the Committee to whom the Complaint is made shall communicate the same to the Chairperson of the Complaints Committee. However, if the Complainant so desires, her name shall be kept confidential and will not be divulged even to the Complaints Committee.
6. Within a period of 5 working days from the date of such communication, the Chairperson shall convene a meeting of the Complaints Committee.
7. At this meeting, the Complaints Committee shall nominate four persons from amongst themselves (known as the Enquiry Committee) for proceeding with the Complaint.
8. At least three of these persons so nominated will be women.
9. In case of the dispute involving a student, at least one of the members so nominated will be a female student.
10. No person against whom a Complaint is made shall be part of the Enquiry Committee.

1. Within 5 working days of the Enquiry Committee being set up, the said Committee will convene a meeting of which advance intimation will be given to the Complainant.
2. At this meeting, the Complainant will be entitled to remain present personally or through a representative.
3. At the first meeting of the Enquiry Committee, the Complainant or her representative shall be heard and the Enquiry Committee shall decide whether the Complaint requires to be proceeded with. The Complaint will be dropped only if the Complaint on the face of it, does not disclose an offence of sexual harassment.
4. In case the Enquiry Committee decides to proceed with the Complaint, the wishes of the Complainant concerning the issue shall be taken into account and if the Complainant so wishes the accused will be called to a meeting of the Enquiry Committee , heard and if necessary, warned about his behaviour and the matter concluded with a recording to that effect made in the Complaints Register of the Complaints Committee.
5. If the Complainant however, wishes to proceed ahead with the Complaint beyond a mere warning to the accused, the same will be proceed with in the manner prescribed subsequently in this policy.

In case the Enquiry Committee decides to impose a minor punishment, the accused shall be given in writing an opportunity to explain within one week why he should not be for good and sufficient reasons be punished for the act of sexual harassment on his part. The nature and quantum of punishment if any to be imposed on him shall be decided after considering the explanation, if any given by the accused.

24. PROCEDURE FOR IMPOSING MAJOR PUNISHMENT

1. If an accused is alleged to be guilty of sexual harassment and if there is reason to believe that in the event of the guilt being proved against him, he is liable for imposition of any major penalty the Enquiry Committee shall, first decide whether to place the accused employee under suspension. If the accused employee is to be placed under suspension the provisions of suspension and subsistence allowance as prescribed under the Statutes for other misconduct will apply.
2. If a person is charged with physical molestation or rape on the University or college premises, he shall be immediately placed under suspension pending the completion of the investigation and enquiry. In all other cases, the Enquiry Committee shall within 3 days decide whether the charged person shall be placed under suspension or not and in either event it shall communicate its decision and the reasons for the decision to the Management which shall then implement the decision forthwith.
3. Within 3 days of the fist meeting of the Enquiry Committee, it shall communicate to the accused by hand delivery duly acknowledged or by registered post acknowledgement due the allegations and demand from him a written explanation within 7 days from the date of receipt of the statement of allegations.
4. If Enquiry Committee finds the explanation of the accused not satisfactory or if no explanation is given by the accused, the Enquiry Committee will decide to hold an enquiry against the accused.
5. The Convenor of the Enquiry Committee will be the senior most employee from the teaching faculty.
6. The meetings of the Enquiry Committee will be held during the office hours in the college premises but not during vacations.

 (b) Within 3 days after the expiry of period of 10 days specified in clause (a), the Enquiry Committee shall meet to proceed with the enquiry and give 7 days notice by hand delivery duly acknowledged or by registered post acknowledgement due to the Complainant and the accused to appear for producing evidence, examining witnesses, etc., if any

1. The Enquiry Committee shall see that every reasonable opportunity is extended to the Complainant and to theaccused , for putting forward and defending their case.

        (ii) The accused shall have the right to be heard in person and lead evidence. He shall also have the right to cross
            examine witnesses examined on behalf of the Complainant
 
        (iii)Sufficient opportunities shall be given to examine all witnesses notified by both the parties

1. All the proceedings of the Enquiry Committee will be recorded and the same together with the statement of witnesses shall be endorsed by both the parties in token of authenticity thereof. The refusal to endorse the same by either party shall be endorsed by the Convenor.
2. The enquiry shall ordinarily be completed within a period of 900 days from the date on which the Show Cause Notice is given to the accused.
3. The Complainant and the accused will be responsible to see that nominees and the witnesses if any are present during the enquiry. However, if the Enquiry Committee is convinced about the absence of either of the parties to the disputes or any of the members of the Enquiry Committee on any valid ground the Enquiry Committee shall adjourn that particular meeting of the Committee. The meeting so adjourned shall be conducted even in the absence of the person concerned if he or she fails to remain present for the said adjourned meeting.
4. The Convenor of the Enquiry Committee shall forward to the Complainant and the accused as the case may be a summary of the proceedings and copies of statements of witnesses, if any, by hand delivery duly acknowledged, or by registered post acknowledgement due, within four days of the completion of the above steps and allow them a time of seven days to offer further explanation, if any.
5. The Complainant or the accused, as the case may be shall submit their further explanation to the Convenor of the Enquiry Committee within a period of seven days from the date of receipt of the summary of proceedings etc., either personally or by registered post acknowledgement due.
6. On receipt of such further explanation or if no such further explanation is offered within the aforesaid time, the Enquiry Committee shall complete the enquiry and communicate its findings on the charges against the accused and its decision on the basis of its finding to the Management for specific action to be taken against the accused within 10 days after the date fixed for receipt of further explanation. It shall also forward a copy of the same by hand delivery duly acknowledged or by registered post acknowledgement due to the Complainant and to the accused. A copy of the findings shall also be forwarded to the Complaints Committee. The findings of the Enquiry Committee shall be binding on the Complaints Committee. Thereafter the decision of the Enquiry Committee shall be implemented by the Management which shall issue necessary orders within 7 days of the date of receipt of decision of the Enquiry Committee, by hand delivery duly acknowledged or by registered post acknowledgement due. The Management shall also endorse a copy of its order to the Complainant and to the Complaints Committee.
7. The Enquiry Committee may consider as relevant any earlier complaints against the person charged. However, the Complainant’s past sexual history will not be probed into or enquired during the proceedings before any of the committees.

1. In the event of the Complaints Committee or the Enquiry Committee not taking action on a complaint or in the event of the Complainant being dissatisfied with the action taken by any of the aforesaid committees the Complainant shall have the right to appeal to the University Cell.
2. A meeting of the University Cell shall be convened within 10 days of the receipt of such grievance.
3. The University Cell shall go into the grievance of the Complainant and after hearing the Complainant, if it satisfied that the matter needs to be further enquired into, it shall take the following steps:

1. In the event of there being an incomplete or no enquiry by the Enquiry Committee, the University Cell shall appoint from within itself a three member Enquiry committee which shall follow the same procedure, carry out the same functions and have the same powers as the Enquiry Committee;
2. In the event of the Complainant being dissatisfied by the decision of the Enquiry Committee after a concluded enquiry, the Enquiry Committee shall act as an Appellate Body with all powers of the Appellate Court under the Code of Civil Procedure.

1. In the event of the complainant being a student and the accused being a teacher, during the pendency of the investigation and enquiry and even after such an enquiry if the teacher is found to be guilty, the accused will not act as an examiner for any examination for which the student appears.
2. In the event of the Complainant and the accused both being employees, during the pendency of the investigation and enquiry and even after such an enquiry if the accused is found to be guilty, the accused shall not write the Confidential Reports of the complainant, if he is otherwise so authorised.
3. If the Accused is an outsider, during the pendency of the investigation and enquiry and even thereafter, if he is found to be guilty, the accused shall not be allowed to enter the college or University premises except for the purpose of attending the present enquiry.

Management of the University and Colleges shall provide all necessary assistance for the purpose of ensuring full, effective and speedy implementation of this policy. It shall be bound by the decisions of the various committees as set out in this scheme and shall implement such decisions in an expeditious manner.

29. THIRD PARTY HARASSEMENT

In case of third party sexual harassment the University Cell/ Complaints Committee will actively assist and provide all its resources to the Complainant in pursuing the complaint and ensure her safety at least in the University/ College premises.

30. SAVINGS

1. The provisions of this Policy shall apply notwithstanding any contrary Statute, law, Circular or Ordinance.
2. The proceedings under this policy shall not be stalled or postponed merely because the complainant is proceeding against the accused under any other provision of civil or criminal law.
3. The provisions of this Policy shall not restrict the powers of the Management or the Complainant to proceed against the alleged offender for any other misconduct or pursue the criminal or civil remedies.

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