To safeguard the interests of all the Students and employees working with the National College of Nursing (NCN) Swat has constituted an Internal Complaints Committee (ICC) as per the provisions of The Sexual Harassment of Students and Employee at Workplace (Prevention, Prohibition and Redressal). The committee conducts awareness programs for all its students & employees and ensures that a safe and healthy environment for all its Students and employees.
The Harassment committee consists of following members:
|1||Mr. Asif Shah||Chairperson|
|2||Mr. Shahid Ali||Member|
|3||Mr. Abdul Haq||Member|
|4||Mr. Hazrat Bilal||Member|
|5||Mrs. Kiran Noor||Member|
PURPOSES OF THE POLICY
- To evolve a mechanism for the prevention and redressal of sexual harassment cases and other acts of gender based violence in the institution.
- To ensure the implementation of the policy in letter and spirit through proper reporting of the complaints and their follow-up procedures.
- To provide an environment free of gender-based discrimination.
- To ensure equal access of all facilities and participation in activities of the college
- To create a secure physical and social environment which will deter acts of sexual harassment
- To promote a social and psychological environment that will raise awareness about sexual harassment in its various forms.
CLASSIFICATION OF SEXUAL HARASSMENT
For this purpose, sexual harassment includes such unwelcome sexually determined behavior (whether directly or by implication) as:
1. Physical contact and advances;
2. A demand or request for sexual favors;
3. Sexually colored remarks;
4. Showing pornography;
5. Any other unwelcome physical, verbal or non-verbal conduct of sexual nature
Role and responsibility of Anti-sexual harassment committee:
1. To ensure provision of a work and educational environment that is free from sexual harassment (Sexual harassment is defined by law from the perspective of the person who feels they have been harassed and it occurs if the person who feels they have been harassed feels offended, humiliated, or intimidated by the conduct and it is reasonable, in all the circumstances that the person who feels they have been harassed would feel offended, humiliated or intimidated).
2. To take all reasonable steps (active and preventive in nature) to prevent the harassment occurring; To address any oral/written complaint about: unwelcome sexual advances, unsolicited acts of physical intimacy, unwelcome requests for sexual favors or other unwelcome conduct of asexual nature. Unwelcome conduct of a sexual nature includes oral or written statements of a sexual nature to a person, or in a person’s presence.
3. Obtain high level support from the chief executive officer and Principal & Director for implementing a comprehensive strategy:
• Providing information to all staff and students about what constitutes sexual harassment and about their responsibility not to sexually harass other staff and students
• Providing information and training to managers, supervisors and staff conducting teaching and learning activities on meeting their responsibilities in relation to maintaining a work and study environment free from sexual harassment.
4. Develop a written policy which prohibits sexual harassment. The Institution shall have a Sexual Harassment Policy. The policy outlines the Institute’s key commitments and legal responsibilities and provides a definition of sexual harassment and behaviors that are not acceptable.
5. Regularly distribute and promote the policy at all levels of the organization; Ensure that managers and supervisors discuss and reinforce the policy at staff meetings; Provide the policy and other relevant information on sexual harassment to new staff as a standard part of induction; Periodically review the policy to ensure it is operating effectively and contains up to date information.
6. Display anti-sexual harassment posters on notice boards in common work areas and distribute relevant brochures; Conduct regular awareness raising sessions for all staff on sexual harassment issues.
Ensure that complaints processes:
• Are clearly documented;
• Are explained to all students and employees;
• Offer both informal and formal options for resolution;
• Address complaints in a manner which is fair, timely and confidential;
• Are based on the principles of natural justice;
• Provide clear guidance on internal investigation procedures and record keeping;
• Give an undertaking that no students and employee will be victimized or disadvantaged for making a complaint.
PRACTICE TO BE FOLLOWED BY THE COMMITTEE
1. The Committee shall meet as and when any complaint is received by it. Complaint may be received by any member of the committee.
2. The Committee may direct the complainant to prepare and submit a detailed statement of incidents if the written complaint lacks exactness and required particulars, within a period of two (2) days from such direction or such other time period that the Committee may decide.
3. The Committee shall direct the accused student or employee(s) to prepare and submit a written response to the complaint / allegations within a period of four (4) days from such direction or such other time period as the Committee may decide.
4. Each party shall be provided with a copy of the written statement(s) submitted by the other.
5. The Committee shall conduct the proceedings in accordance with the principles of natural justice. It shall allow both parties reasonable opportunity of presenting their case. However, should the accused choose not to participate in the proceedings, the Committee shall continue ex parte.
6. The Committee shall allow both parties to produce relevant documents and witnesses to support their case. Documents produced by either party shall be affixed with that party’s signature to certify the document as original / true copy.
7. The party against whom the document / witness is produced shall be entitled to challenge / cross-examine the same.
8. The Committee shall sit on a day-to-day basis to record and consider the evidence produced by both parties.
9. As far as practicable, all proceedings of the Committee shall take place in the presence of both parties.
10. Minutes of all proceedings of the Committee shall be prepared and duly signed by the members of the Committee.
11. The Committee shall make all endeavors to complete its proceedings within a period of fifteen (15) days from the date of receipt of complaint.
12. The Committee shall record its findings in writing supported with reasons and shall forward the same with its recommendations, to the Principal/Management, within a period of five (5) days from completion of the proceedings before it. In case the Committee finds that the facts disclose the commission of a criminal offence by the accused person, this shall be specifically mentioned in the Committee’s report.
13. If, in the course of the proceedings before it, the Committee is satisfied that a prima facie case of sexual harassment is made out against the accused employee(s)/student and that there is any chance of the recurrence of any such action, or that it is required to do so in the interests of justice, it may, on the request of the complainant or otherwise, disciplinary action could be initiated in the form of:-
2. Written apology
3. Bond of good behavior
4. Adverse remarks in the confidential report
5. Debarring from supervisory duties
6. Denial of membership of statutory bodies
7. Denial of re-employment/re – admission
8. Stopping of increments / promotion/denying admission ticket
9. Reverting, demotion
12. Any other relevant mechanism
If, in the course of the proceedings before it, the Committee is satisfied that any person has retaliated against / victimized the complainant or any person assisting the complainant as a result of the complaint having been made or such assistance having been offered, the Committee shall report the same in writing, to the Principal/Management, with reasons and with recommendations of the action to be taken against such person.
If, at the conclusion of the proceedings before it, the Committee is satisfied that the complainant has knowingly brought false charges of sexual harassment against any person, it shall report the same in writing to the Principal/Management, with reasons and with recommendations of the action to be taken against such person.