(Note: This part presents only a summary of the procedure that will be followed. For detailed guidelines, please refer to the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013)
1.) Complaints Filing Process
a) Any student, service provider, outsider, or a member of the academic or non-teaching staff may lodge a complaint of sexual harassment against a student, service provider, outsider, or a member of the academic or non-teaching staff or an Officer of JGU, or a member of the Authorities or a Committee of JGU.
b) Complaints should be lodged by the concerned person directly with any member of COGSASH. Third party complaints and witness complaints shall not be entertained except in cases where the complainant has been forcibly prevented from making a complaint; in such cases a complaint can be made on her/his behalf until she/he can approach COGSASH.
c) Complaints may be oral or in writing. If the complaint is oral, it would be converted into a written form by the COGSASH member receiving the complaint and authenticated by the complainant under her/his dated signature or thumb impression as the case may be as soon as possible. Complaints may also be received by email via the official email@example.com email address.
d) Details of the incident(s) of harassment, date, time, and place must be recorded. Complaints must be filed within three months of the incident or of the most recent incident.
e) The history of who the complainant approached (family, friends, teachers etc) before making a formal complaint must also be recorded.
f) Upon receipt of the complaint, the COGSASH member to whom the complaint is made shall forward the same to the Complaints Screening Committee.
2.) Manner in which complaints can be made:
a) Complaints should be lodged by the concerned person directly with any member of COGSASH. Complaints may be received orally, by email or in writing. See above for further details.
b) If the complainant is unable to file a complaint themself the following will apply:
i. First is where the victim is physically incapacitated from making a complaint, it can be made by someone on her/his behalf, which includes a friend or any person who knows of the incident and has the written authorization of the victim to make a complaint.
ii. Second, where the victim is mentally incapacitated from making a complaint someone can make the complaint on her/his behalf.
iii. Third, if the victim is unable to file a formal complaint, someone who knows of the incident can do so provided they have the written authorization of the victim to make the complaint.
iv. Fourth is when the victim has passed away, a person who knows of the incident may file a complaint if they have received the written authorization of the victim’s heirs.
Procedure for inquiry:
a) One written copy of the complaint must be received (either in writing, by email or a transcript by a Committee member of an oral complaint). A copy of the complaint must be submitted with the details of witnesses to the Complaints Committee.
b) One copy has to be given to the respondent (person against whom a complaint has been filed) within 7 days from when the complaint was received.
c) Within 10 days of receiving a copy of the complaint and other accompanying documents, the respondent has to respond with documents and details of witnesses.
d) The Complaints Committee must adhere to the principles of natural justice when inquiring into a complaint.
e) The inquiry can be terminated, or proceeded with ex parte (when the respondent does not cooperate) if the party (either the complainant or respondent) does not present themselves for three consecutive hearings and no reasonable cause has been offered.
i. Proviso: The termination of the inquiry or proceeding with the inquiry ex parte, as the case may be, may not be done without serving a written notice to the party in question. Such notice must be served at least 15 days before the relevant decision is to be made.
f) No lawyer is allowed to represent either party.
g) A minimum of three members are needed to conduct the inquiry, which must include the Chairperson.
Procedure for conciliation:
a) The Internal Complaints Committee may, before initiating an inquiry at the request of the complainant, take steps to settle the matter between her and the respondent through conciliation provided that no monetary settlement shall be made as a basis of conciliation.
b) Where a settlement has been arrived at under sub-section (a), the Internal Complaints Committee shall record the settlement so arrived at and forward the same to COGSASH to take action as specified in the recommendation.
c) The Internal Committee shall provide the copies of the settlement as recorded under sub-section (2) to the complainant and the respondent.
d) Where a settlement is arrived at under sub-section (b), no further inquiry shall be conducted by the Internal Committee.