A) Composition of ICC
- Presiding Officer – a senior woman faculty member at the level of Asso Professor from ICON
- Members – Two Faculty members from the constituent colleges, as Nominated by PRINCIPAL
Two non- teaching staff from the constituent colleges, as nominated by the PRINCIPAL Legal Officer of SVMCH&RI.
The 2013 Act accords a maximum term of three years for the ICC. The task Force set up by the MHRD recommends that in an educational institution, a term of two years is adequate. ICON has taken cognizance of these facts, while promulgating ICC. Furthermore, these rules would be amended from time to time, based on the directives of the apex court or Government of India.
Notwithstanding the constitution of the ICC, the PRINCIPAL of ICON is empowered to remove any member or the functionary of the ICC upon proving dereliction of duty or turning hostile.
In such cases, the PRINCIPAL of ICON shall nominate fresh members to fill up the void and without much delay.
It is not the prerogative of the faculty or staff or students to question the constitution of the ICC
B)Responsibilities of ICC
The Internal Complaints Committee on Sexual harassment shall have the following roles and responsibilities,
- Shall provide assistance, if any employee or a student chooses to file a complaint with the police.
- Protect the safety of the complainant by not divulging the identity and assist the individual for obtaining mandatory relief by sanctioned leave or relaxation of the required
- Ensure that the victims or the witnesses are not victimized or discriminated against, while dealing with the complaints of sexual
c) Process of registering a complaint
An aggrieved person is required to submit a written complaint within a period of Three months of the incident. If the aggrieved person is unable to submit a written complaint, the Presiding Officer or any member of the ICC can assist the person in a reasonable manner to submit the written complaint within the stipulated time frame.
D) Process of conducting Enquiry
- On receipt of the written complaint, the ICC shall send a copy of the complaint to the respondent within Seven days.
- On receipt of the complaint, the respondent shall file his reply to the complaint with the list of documents, names of the witness within a period of Ten
- The enquiry by the duly constituted Internal Complaints Committee on Sexual Harassment has to be completed within a period of Ninety days from the receipt of the complaint. The Enquiry report with the recommendations if any should be submitted to the CHAIRMAN. The copy of the same has to be served to both the parties to the
- The CHAIRMAN shall act upon the findings of the ICC within a period of Thirty days from the receipt of the report from the ICC, unless an appeal is made by either parties. The appeal against the findings or recommendations of ICC if any shall be filled within Thirty days from the date of the enquiry
- If the CHAIRMAN decides not to act as per the recommendations of ICC, then the reasons for the same has to be recorded and sent to the ICC and both the parties by the Vice Chancellor. If on the other hand if the CHAIRMAN decides to act as per the findings or the recommendations of the ICC, then a showcase notice has to be served within Ten days to the party against whom action is intended to be THE CHAIRMAN shall proceed only after considering the reply or hearing from the person against whom the action is to be taken.
- The aggrieved personmay seek conciliation in order to settle the matter. No monetary settlement should be made as a basis of conciliation. The Vice Chancellor shall facilitate a conciliation process through ICC as case may be if it is
- The identity of the aggrieved partyor the victim or the witness should not be made public or kept in the public
E) Interim Redressal
- Transfer the complainant or the respondent to another department / constituent unit to minimize the risks involved in contact or interaction, if such a recommendation is made by
- Grant leave to the aggrieved person with full protection of status and benefits for a period up to a maximum of Three months, if recommended by the
- Restrain the respondent from reporting on or evaluating the work or performance or tests or examinations of the
- Ensure the offenders are warned to keep a distance from the aggrieved and wherever necessary if there is a definite threat, restrain their entry into the
- Ensure strict measures to provide a conducive environment of safety and protection to the complainant as a consequence of filing a
F) Punitive measures& Compensation:
- Anyone found guilty of indulging in sexual harassment by the ICC shall be punished, in accordance with the Service Rules of Sri RAMACHANDRA EDUCATIONAL TRUST if he is an employee (Regular / Contract).
- Where the respondent is a student, depending on the severity of the offence,
- Withhold the privileges of the student such as access to the Library, Auditorium, Residential areas, Hostel, transportation, Scholarships, Stipends, allowances, identity
- Suspend or restrict entry into campus for a specific
- Expel and strike off the name from the rolls of the institution, including denial to readmission, if the offence so
- Levy fine as may be deemed
- Award reformative punishments like mandatory counselling and or performance of Community
- The aggrieved person is entitled for payment of The CHAIRMAN shall issue the direction for compensation if recommended by the ICC and accepted by him. The compensation shall be recovered from the offender.
- The compensation payable shall be determined on the basis of
- Mental trauma, pain, suffering and distress caused to the aggrieved
- The loss of career opportunity due to the incident of sexual
- The medical expenses incurred by the victim for physical and psychological treatment.
- The income and status of the alleges respondent and victim
- The feasibility of such payment in lump sum or in
G) Action against frivolous complaint:
To ensure that the provisions for the protection of the employees and students from sexual harassment do not get misused, provisions against false or malicious complaints have to be spelt. If the ICC concludes that the allegations made were false, malicious or the complaint was made knowing it to be untrue, or forged or misleading information has been provided during the enquiry, the complainant shall be liable to be punished as per the sub regulation.g.