1.1 Ecole Intuit Lab Education Private Limited is a French Institute of Design and visual communication and is committed to creating a healthy learning and working environment that enables students, staff and employees to work without fear of prejudice, gender bias and sexual harassment. The Institute also believes that all students, staff and Employees of the Institute have the right to be treated with dignity. Sexual harassment at the Institute or other place if involving students, staff and employees is a grave offence and is, therefore, punishable.
1.2 The Supreme Court has also directed companies to lay down guidelines and a forum for redressal of grievances related to sexual harassment as per the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
2.0 WHAT IS POSH?
POSH is an abbreviation for PREVENTION OF SEXUAL HARASSMENT.
3.0 PURPOSE
To create and maintain safe learning and work environment, free from sexual harassment & discrimination for all its students, staff and employees as per the guidelines of the “Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013”.
4.0 APPLICABILITY, SCOPE AND EFFECTIVE DATE
This Policy extends to all students, staff and employees of the Institute including persons working on behalf of Ecole Intuit Lab Education Pvt. Ltd. The Policy is incorporated for the betterment of the learning and working conditions of all students, staff and employees and comes into effect immediately from the date the student, staff or employee is joined in the Institute.
5.0 THE WORKPLACE
The Institute includes:
impact on the Institute or its relations.
6.0 DEFINITIONS
6.1 Student, Staff and Employee of Ecole Intuit Lab Education Pvt. Ltd.: Includes a person enrolled as a student, faculties and also includes an employee (permanent or temporary, including contract workers) working with Ecole Intuit Lab Education Pvt. Ltd.
6.2 Sexual Harassment: Harassment of a Female/Male student, staff or employee consisting of any unwelcome sexually determined behaviour, whether directly, indirectly, by any male/female student, staff or employee or a male/female student, staff or employee either individually or in association with other persons to exploit the sexuality of a fellow student, staff or employee to harass him/her in a manner which prevents or impairs his/her full utilization of full benefits, facilities or opportunities or any other behavior which is generally considered to be derogatory.
For this purpose, sexual harassment includes such unwelcome sexually determined behaviour (whether directly or by implication) such as:
Where any of these acts is committed in circumstances where-under the victim of such conduct has a reasonable apprehension that in relation to the victim’s enrollment or employment, whether she is drawing salary, or honorarium or voluntary, whether in government, public or private enterprise such conduct can be humiliating and may constitute a health and safety problem. It is discriminatory for instance when the woman has reasonable grounds to believe that her objection would disadvantage her in connection with her enrollment or employment including recruiting or promotion or when it creates a hostile learning or work environment. Adverse consequences might be visited if the victim does not consent to the conduct in question or raises any objection thereto.
6.3 Aggrieved Woman: In relation to the Institute, a woman of any age whether employed or not, who alleges to have been subjected to any act of sexual harassment by the Respondent.
6.4 Respondent: Employee against whom the complaint has been filed.
7.0 EXAMPLES OF PHYSICAL AND VERBAL CONDUCT OF SEXUAL NATURE
7.1 Physical
7.2 Verbal
8.0 COMPLAINT MECHANISM
Whether or not such conduct constitutes an offence under law or a breach of the service rules, an appropriate complaint mechanism in the form of “Internal Complaints Committee” has been constituted in the Institute for time-bound redressal of the complaint made by the victim.
8.1 A Committee has been constituted by the Institute to consider and redress complaints of Sexual Harassment or harassment at the Institute in the form of Internal Complaints Committee. The Presiding Officer and Members of the Committee are as follows:
8.2 A meeting of the IC Committee should be scheduled at regular interval of at least once in a quarter and quorum of 3 members is required to be present for the proceedings to take place in any room or office of the Institute. The quorum shall include the Presiding officer/ Secretary and at least two other members, one of whom shall be a lady and independent legal representative.
9.0 REDRESSAL PROCESS
9.1 Any student, staff or an employee, permanent or temporary, including contract workers, faculties 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 his/her signature within 10 days of occurrence of incident by e-mail or any other written mode. A separate & Common E-mail Id formed for sole purpose of sending or registering the Complaint with IC Committee Members is posh@ecinl.com
9.2 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.
9.3 The Committee will hold a meeting with the Complainant within five days of the receipt of the complaint, but no later than a week in any case.
9.4 At the first meeting, the Committee members shall hear the Complainant and record her/his allegations. The Complainant can also submit any corroborative material with a documentary proof, oral or written material, etc., to substantiate his / her complaint. If the Complainant does not wish to depose personally due to embarrassment of narration of event, a lady officer for female student, staff or employee involved and a male officer for male student, staff or employee involved shall meet and record the statement.
9.5 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 “Enquiry” shall be conducted and concluded.
9.6 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 dropped after recording the reasons thereof.
9.7 In case the complaint is found to be false, the Complainant shall, if deemed fit, be liable for appropriate disciplinary action by the Institute.
10.0 ENQUIRY PROCESS
10.1 The Committee shall immediately proceed with the Enquiry and communicate the same to the Complainant and person against whom complaint is made.
10.2 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.
10.3 The Complainant shall be provided with a copy of the written explanation submitted by the person against whom complaint is made.
10.4 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 whom they propose to call.
10.5 If the Complainant desires to tender any documents by way of evidence before the committee, she/he 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.
10.6 The Committee shall call upon all witnesses mentioned by both the parties.
10.7 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.
10.8 The Committee shall complete the “Enquiry” within reasonable period but not beyond three months and communicate its findings and its recommendations for action to the Institute. The report of the Committee shall be treated as an enquiry report on the basis of which an erring student, staff or employee can be awarded appropriate punishment straightaway.
10.9 The Institute will direct appropriate action in accordance with the recommendation proposed by the Committee.
10.10 The Committee shall be governed by such laws prevailing as may be framed by the Supreme Court orders or any other legislation enacted later on.
10.11 Sexual harassment is judged by the impact on the complainant and not the intent of the Respondent. Sexual harassment as addressed in this Policy need not necessarily be from a male to a female student, staff or employee, it can be vice versa as well as between individuals of same gender.
11.0 OTHER POINTS TO BE CONSIDERED
11.1 The Committee may recommend to the Institute, action which may include transfer or any of the other appropriate disciplinary actions.
11.2 The Institute shall provide all necessary assistance for the purpose of ensuring full, effective and speedy implementation of this policy.
11.3 Where sexual harassment occurs as a result of an act or omission by any third party or outsider, the Institute shall take all steps necessary and reasonable to assist the affected person in terms of support and preventive action.
11.4 The Committee shall analyze and put up report on all complaints of this nature at the end of the year for submission to the higher authorities.
11.5 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 Institute, for making a Police Complaint.
11.6 Criminal Proceedings: Where such conduct amounts to a specific offence under the Indian Penal Code or under any other law, the Institute shall initiate appropriate action in accordance with law by making a complaint with the appropriate authority.