One of the core objectives of the Institute of Chartered Financial Analysts of India University, Sikkim (hereinafter referred to as "University") is to ensure gender equality and gender justice through the University interventions and practices. In keeping with this principle, it is important to ensure a climate, free from discrimination and harassment, with a particular focus on prevention of sexual harassment.
Policy of prohibiting Discrimination
This policy prohibits discrimination on the basis of race, sex, sexual orientation, gender identity/expression, religion, caste, age, color, creed, nationality or ethnic origin, physical, mental or sensory disability and marital status. Discriminatory harassment is one form of discrimination. Under this policy, discriminatory harassment is identified as conduct toward a particular individual, individuals, or groups on the basis of a protected status that is significantly severe or pervasive that has the purpose or effect of:
Policy of prohibiting Sexual Harassment
Sexual harassment of individuals occurring in the place of work or study or in other settings in which they may find themselves in connection with their association with the University is unlawful and will not be tolerated by the University. Further, any retaliation against an individual who has complained about sexual harassment or retaliation against individuals for cooperating with an investigation of a sexual harassment complaint is similarly unacceptable. To achieve this goal, conduct that is described as "Sexual Harassment" in this policy will not be tolerated and a procedure is provided by which inappropriate conduct will be dealt with, if encountered among employees/students.
The University will also take all the appropriate steps necessary to protect individuals from retaliation. Such Steps include:
The University takes allegations of sexual harassment seriously, and will respond promptly to complaints of sexual harassment and where it is determined that such inappropriate conduct has occurred, prompt and appropriate corrective action as is necessary, including disciplinary action, will be taken.
While this policy sets forth the goal of the University of promoting a study or workplace that is free of sexual harassment, the policy is not designed or intended to limit the authority of the University to discipline or take remedial action for conduct which the University deems unacceptable, regardless of whether that conduct satisfies the definition of sexual harassment.
For the purposes of this Policy
1. "University" shall mean the ICFAI University, Sikkim.
2. "Academic staff" includes any person or the staff of the University including its constituent units who is appointed to a teaching and/or research post, whether full-time, temporary, ad-hoc, part-time, visiting, honorary, or on special duty or deputation, and shall include employees employed on a casual or project basis.
3. "Supporting Staff" includes any person on the staff of the University or its constituents units who is not appointed to a teaching and/or research post, whether full-time, temporary, ad-hoc, part-time, daily wager, honorary or on special duty or deputation, and shall include employees employed on a casual or project basis, as also persons employed through a contractor.
4. "Student" includes any person who is enrolled for any course, whether full time or part time, with University, and includes an undergraduate or postgraduate student, a Research Scholar, a visitor, and a repeater. It also includes a student of another University or college who has been placed or has opted for placement with the University or short-term courses at the University.
5. "Sexual harassment" includes any unwelcome sexually determined behaviour (whether direct or by implication) such as:
(i) physical contact and advances either physical and non -physical.
(ii) Unsolicited telephone calls / e-mails with the intention of sexual harassment.
(iii) a demand or request for sexual favors.
(iv) sexually colored remarks.
(v) showing pornography.
(vi) creating a hostile work environment.
(vii) any other unwelcome "sexually determined behavior" be it physical, verbal or non-verbal conduct of a sexual nature.
(viii) creating a "hostile work environment".
Unwelcome "sexually determined behavior" shall include but not be limited to the following instances:
(i) where submission to or rejection of sexual advances, requests or conduct is made either explicitly or implicitly a term or condition of employment, instruction or evaluation or as a basis for decisions, involving participation in campus or academic activity.
(ii) such advances, requests or conduct (whether direct or implied) have the purpose or effect of interfering with an individual's work performance by creating an intimidating, hostile, humiliating or sexually offensive environment.
Creating a "hostile environment" means
(i) Creating a study or workplace where Sexual Harassment may go unheeded, where despite complaints no . action is taken, where there is nexus between accused/ aggressor & higher management, and where complainant is placed under fear, disadvantage or threat of victimization.
(ii) It will also mean Retaliation which includes:
(iii) And any other behavior that may commonly be construed as retaliatory.
Note: All should take special note that, as stated above, retaliation against an individual who has complained about sexual harassment, and retaliation against individuals for cooperating with an investigation of a sexual harassment complaint is unacceptable and will be actionable.
"Sexual Harassment" shall also mean:
(i) Direct or implied requests by any individual for sexual favors in exchange for actual or promised benefits such as favorable reviews, evaluation or instruction, salary increases, promotions, increased benefits, or continued employment constitutes sexual harassment.
(ii) Other sexually oriented conduct, whether it is intended or not, that is unwelcome and has the effect of creating a environment that is hostile, offensive, intimidating, or humiliating to staff may also constitute sexual harassment.
In addition the following are some examples of conduct which if unwelcome, may constitute sexual harassment depending upon the totality of the circumstances including the severity of the conduct and its pervasiveness:
III. Prevention Action
Consistent with the existing law, the University shall take all reasonable steps to ensure prevention of sexual harassment. Such steps shall include (but not limited to):
IV. Committee Against Sexual Harassment (CASH)
In case of resignation of any member the Vice Chancellor, shall nominate a suitable replacement.
V. The First Instance Persons (FIPs)
VI. Procedure of Dealing with Complaints of Sexual Harassment
(i) An informal approach to resolve a complaint of sexual harassment can be through mediation between the parties involved and by providing advice and counseling on a strictly confidential basis. The procedures though less stringent than formal procedures will be conducted in the full spirit of this policy document.
(ii) The case will be taken up for investigation at an informal level by the FIP or a member of the Enquiry Committee in a confidential manner. The matter will be reviewed and the alleged offender will be approached with the intention of resolving the matter in a confidential manner.
(iii) If the incident or the case reported does constitute sexual harassment of a higher degree, the member will suggest taking it up for disciplinary action or with the agreement of the complainant, the case can be taken as a formal complaint.
(iv) Once such complaints are dealt with, the FIP must inform the CASH and the Unit / Center head.
(v) The choice, whether to deal with the complaint in the informal way or through the formal mechanism (whether the case constitutes sexual harassment of a higher or lower degree), should depend entirely on the complainant.
VII. Process of Inquiry
(i) Both parties shall be given reasonable opportunity to be heard along with witnesses and to produce any other relevant documents before the CASH;
(ii) Upon completion of the investigation, both parties, will be informed of the results of that investigation.
(iii) Documents which form part of the official record shall also be given to the complainant if need be.
14.1 Penalties in Case of Academic Staff
Further, the penalty awarded shall be recorded in his/her Confidential Record.
14.2 Penalties in Case of Supporting Staff
Further, the penalty awarded shall be recorded in his/her Confidential Record.
14.3 Penalties in Case of University Students
Further, the penalty awarded shall be recorded in his/her Personal File.