Sexual Harassment Policy

Objective

It is S.P. Jain Institute of Management & Research (SPJIMR) policy to prohibit sexual harassment of any employee, staff, faculty or student, business partner, visitor by another employee, staff or faculty. The purpose of this policy is not to regulate personal morality within SPJIMR. It is to ensure that in the work place, no employee harasses another individual on the basis of gender.

Definition

Sexual Harassment includes any one or more of the following unwelcome act or behavior (whether directly or by implication) namely:

• Physical contact or advances; or
• A demand or request for sexual favours; or
• Making sexually colored remarks; or
• Showing pornography; or
• Any other unwelcome physical, verbal or non-verbal conduct of sexual nature

If the complainant, as evidenced from facts, had encouraged/ welcomed the respondent’s conduct being questioned, the incidence cannot be consider as sexual harassment.

Internal Complaints Committee

All complains received as regards sexual harassment would be duly investigated by the Internal Complaints Committee (ICC). Current members of which are:

• Ms. Hema Sisodia (hema.sisodia@spjimr.org) – Presiding Officer
• Mr. Anil Vaidya (anil.vaidya@spjimr.org)
• Ms. Lata Dhir (lata@spjimr.org)
• Ms. Sonia Shetty (sonia.shetty@spjimr.org)
• Ms. Sushmita Srivastava (sushmita.srivastava@spjimr.org)
• Ms. Aakriti Chokhani (c.aakriti@poshatwork.com)- External representative

Based on need and availability, the Dean can modify the composition members to the said committee. The committee should always have majority representation of women and will be in line with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

Redressal process

• Any complainant (as defined above) facing Sexual Harassment, can approach either their reporting manager, Program Head, Area Head, any members of the HR Department or any of the committee members with a written or verbal complaint, depending upon the circumstances and exigencies of a particular case.
• The Presenting officer can nominate any 2-3 of the committee members to investigate in detail the complaint and seek clarification/ documents from both the complainant and respondent. Within 3 working days, the Complaint Redressal committee shall commence Official Internal
• The respondent shall be given a reasonable and fair opportunity to defend himself/ herself, including submission to the committee any proof, documentary or otherwise and witness/ es in his/her defense.
• After completion of the investigation and within seven working days hereof, the nominated members shall discuss with ICC about the incidence and their views on the same. The quorum (apart from the nominated team) shall include the Presiding Officer, and at least two members, one of whom shall be a woman.
• The committee shall submit a comprehensive report) to the Dean giving brief details of the incidents of sexual harassment, its finding and its decision on action to be taken against the respondent.. The punishment can be based on severity and intend of the incidence and can be personal counseling, warning in writing, termination or any other punishment as deemed fit in compliance with the prevalent Act.
• In the event that the ICC is of the opinion that the complaint was false, the committee shall record its opinion, with details. If any punishment is warranted for such a false complaint, the committee shall accordingly make the recommendation to the Dean.
• All documents submitted to the committee by the complainant/respondent employee shall be kept by the committee in a safe secure place.
• The management of SPJIMR takes a serious view of any complaints of sexual harassment. All persons connected with the complaint/investigation shall treat as ’Strictly Confidential’ all matters/documents connected therewith.
• Barring unforeseen circumstances, the committee should complete the entire investigation including submission of its report to the Management, within 3 months of receipt of the complaint.

General guidelines

• SPJIMR prohibits any form of retaliation against individual who reports unwelcome conduct to management, or who cooperates in the investigation of such report in accordance with this policy.
• The complainant/the respondent should note and understand that a redressal of a complaint of sexual harassment by the committee shall not absolve him/her from any action that may be taken for an offence under Law by the Complainant &/or the institute.
• It is the policy of SPJIMR to cooperate with the law enforcing agencies for any action under law against any employee of SPJIMR.

AICTE Gender Sensitization