Policy on Prevention of Sexual Harassment and Violence against Woman
Introduction
In May 14, 2009 the High Court Division of the Supreme Court issued a set of guidelines defining sexual delinquency to prevent any kind of physical, mental or sexual harassment of women, girls and children at their workplaces, educational institutions and other public places including roads across the country. According to the guidelines, the High Court directed the concerned authorities to form a five-member Complaint Committee to prevent sexual harassment headed by a woman at every workplace and educational institution to investigate allegations of harassment of women.
In the backdrop of the discussion and observations made above, and in view of the inadequacy of safeguards against sexual abuse and harassment of women at work places and educational institutions whereby noble pledges of the Constitution made in so many articles to build up a society free from gender discrimination and characterized by gender equality are being undermined every day in every sphere of life, Honorable High Court Division of Supreme Court issued certain directives in the form of guidelines to be followed and observed at all work places and educational institutions till adequate and effective legislation is made in this field. These
directives are aimed at filling up the legislative vacuum in the nature of law declared by the High Court Division under the mandate and within the meaning of Article 111 of the Constitution.
As per the Section 28(4) of the Private Universities Act 2010 and the guidelines of the Hon’ble High Court Division in Writ Petition No. 5916 of 2008 and also the Order passed on 12.01.2021 the management of Daffodil International University maintains an effective mechanism to prevent or deter the commission of offences of sexual abuse and harassment and provide effective measures for prosecution of the offences of sexual harassment resorting to all available legal and possible institutional steps and thus has adopted strong disciplinary policies for preventing misconduct and sexual violence called “Policy on prevention of sexual harassment
and violence against women” and this policy shall hereby be treated as effective with immediate effect.
To make this policy effective at Daffodil International University "Zero Tolerance" approach will be adopted to prevent sexual harassment.
1. Scope:
The Policy on prevention on sexual harassment and violence against women shall be applicable to all full time and part time students, all full time, part time, contractual and adjunct faculty members, professional staffs and administrative employees of Daffodil International University.
2. Aims and objectives:
The aims and objectives of the policy on sexual harassment include-
(a) to create awareness against sexual harassment and protection of woman and prevention and
restrictions of sexual harassment at the university.;
(b) to create awareness about the consequences of sexual offences;
(c) to create awareness that sexual harassment is punishable offence;
(d) to receive complain and redress the issue.
(e) to initiate an effective mechanism for protection of every student and employee of DIU.
3. Definitions:
1) Sexual Harassment includes-
(a) Unwelcome sexually determined behavior (whether directly or by implication) as physical contact and advances;
(b) Attempts or efforts to establish physical relation having sexual implication by abuse of administrative, authoritative or professional powers;
(c) Sexually colored verbal representation;
(d) Demand or request for sexual favors;
(e) Showing pornography;
(f) Sexually colored remark or gesture;
(g) Indecent gesture, teasing through abusive language, stalking, joking having sexual implication.
(h) Insult through letters, telephone calls, cell phone calls, SMS, pottering, notice, cartoon, writing on bench, chair, table, notice boards, walls of office, factory, classroom, washroom having sexual implication.
(i) Taking still or video photographs for the purpose of blackmailing and character assassination;
(j) Preventing participation in sports, cultural, organizational and academic activities on the ground of sex and/or for the purpose of sexual harassment;
(k) Making love proposal and exerting pressure or posing threats in case of refusal to love proposal;
(l) Attempt to establish sexual relation by intimidation, deception or false assurance.
2) Misconduct: Misconduct is a deliberate, wrongful, improper or unlawful conduct motivated
by premeditated or intentional purpose unacceptable to the management of DIU.
3) Harassment: Harassment is defined as a conduct or behavior which may subject the receiver to
physical and psychological distress.
4) Concern authority: the authority of Daffodil International University which has power to enforce disciplinary rules and take necessary actions against harassment and misconduct..
5) Disciplinary Rules: Any Acts, Ordinances and Rules adopted under any ordinances, as enacted/ promulgated by the Government and any compatible Guidelines or Directions imposed by DIU to ensure discipline within the organization.
6) Disciplinary Committee: the committee formed under the directives of the section 28(4) of Private University act 2010.
7) Complaint Committee: the committee formed by the management of the university to receive complains from the victim and to redress the issue following the directives of Honorable High Court.
8) Woman: A woman of any age as defined in the Nari o Shishu Nirjaton Domon Ain, 2000.
9) Complainant: Any student or guardian, employee or staff member of DIU who have been victimized and has lodged complain under this policy.
4. Role of management to Create awareness:
a. In order to deter and eliminate sexual harassment and torture, and to create a safe environment for the students as well as employee of Daffodil International University, the management of university will give the utmost importance to the awareness raising activities and campaign against sexual harassment and gender discrimination. Awareness program shall be conducted on
(a) A regular basis for newly admitted students as well as existing students;
(b) Necessary counseling shall also be arranged for the every concerned persons;
(c) Awareness of the rights of female students and employees guaranteed and conferred by the Constitution and the statutes shall be created by notifying in simple words the relevant provisions of the constitution and the statutes;
(d) The management of Daffodil International University will maintain regular communication and effective consultation with the administrative authorities to create awareness among the personnel in law enforcing agencies in this regard;
(e) To prepare and publish booklets containing these guidelines and provisions of the Constitution and statutes regarding gender equality and sexual offences;
(f) To create awareness regarding fundamental rights guaranteed in the Constitution.
5. Preventive steps:
The management of Daffodil International University shall take effective measures for prevention of sexual harassment. To discharge these obligations, they shall take, amongst others, the following steps:
(a) Prohibition of sexual harassment and sexual torture should be notified, published and circulated widely and in an effective manner;
(b) Constitutional and statutory provisions against gender discriminations and sexual harassment and punishment for the offences of sexual harassment and torture should be widely circulated;
(c) To ensure that there is no hostile environment towards women at Daffodil International University and to engender confidence and trust in employee and students that they are not placed in a disadvantaged position in comparison to their male colleagues and fellow students.
6. Disciplinary Action:
Appropriate disciplinary action must be initiated in case of any falling within the definition of sexual harassment and torture under this policy.
7. Complaints:
Where such acts do not constitute misconduct under the disciplinary rules, an appropriate and effective mechanism must be evolved at the Daffodil International University for record and redress of the complaint made by the victim. The following measures must be included in the complaint mechanism.
(a) It must be ensured that the identity of the complainant and also that of the accused will not be disclosed until the allegation is proved;
(b) Security of complainant will be ensured by the Concerned Authority;
(c) Complaint can be lodged by the victim or through her relatives, friends or lawyers, and it can be sent by mail also;
(d) A complaint Box shall be preserved at a visible place at the office of the Registrar, and the complainant may drop his/her complain into this Box. Provided that the Complain Box shall be opened and examined by chairperson or any member of the complaint committee and if any complaint found, the complaint shall be deemed as received;
(e) A complainant can also issue support ticket of Smart edu system to lodge the complaint;
(f) A complainant can also file the complaint with a female member of the Complaint Committee separately;
(g) The complaint shall be lodged with the Complaint Committee.
8. Complaint Committee:
(a) Daffodil International University constitute a Complaint Committee, headed by a senior woman faculty member, following the directives of Hon’ble High Court in order to receive complaints, and to conduct investigation and make recommendations.
(b) The Complaint Committee comprises of fifteen internal members and two external members who work on gender issues and sexual abuse.
(c) The Complaint Committee will receive complains from the victim, conduct investigation and redress the issue.
(d) The Complaint Committee will forward the case, if necessary, to the Disciplinary Committee
of the university with their observations and recommendations.
(e) The Complaint Committees will submit annual reports to the Government on the compliance
of these guidelines.
9. Working Procedure of the Complaint Committee:
The complaint has to be lodged with the Complaint Committee within 30 working days of the occurrence. Complaints may also be lodged to the office of the Registrar and subsequently forwarded to the Complaint Committee for necessary action. The Complaint Committee shall have the following duties, rights and responsibilities:
(a) The Complaint Committee must investigate any matter referred to them with utmost dedication, ensuring confidentiality, impartially, objectively, equitably and based on sound evidence and gender sensitivity.
(b)The Complaint Committee shall constitute an Investigation Committee and upon receipt of any complaint. The Complaint Committee may forward the complaint to the Investigation Committee in order to conduct investigations and make recommendations;
(c) The Investigation Committee may be comprised of a minimum of 3 members and maximum of 5 members from the University staff members. If possible, there shall be majority of woman member in the Committee;
(d) The Complaint Committee shall have powers to give notice to both parties and to the witnesses by registered post, courier service or e-mail, to conduct hearings through the office of the registrar to collect information and evidence and to examine all relevant documents physically and if required virtually.
(e) In addition to oral testimony, other circumstantial testimony shall also be given importance. The concerned authority of the organization shall be bound to provide all kinds of support to the Complaint committee at its request for its effective functioning.
(f) The Complaint Committee must ensure the anonymity of the identities of the complainant(s) and witnesses. The identities of the persons against whom the complaints have been filed shall be kept unpublished until the guilt is proved during investigations. While taking the oral evidence of the complainant(s), the Complaint committee shall refrain from asking demeaning, insulting and
harassing questions.
(g) The testimony may be recorded in camera;
(h) The Complaint Committee shall submit its investigation report along their recommendations to the Disciplinary Committee through Registrar within 30 working days. If necessary, the time
limit of 30 working days may be increased to 60 working days.
(i) If it is proved that a false complaint has been intentionally filed, then the Complaint Committee may recommend to the Disciplinary Committee of the University that appropriate
action be taken against the complainant(s).
(j) In cases of minor offences, the Complaint Committee may with the consent of both the parties resolve the complaint amicably and shall send a final report and recommend the Disciplinary Committee of the University for amicable disposal;
(k) The Complaint Committee shall make recommendations in accordance with the opinion of the majority of its members.
10. Punishment:
Upon receipt of any complaint the Complaint Committee form investigation committee. Upon investigation, the Investigation Committee subject to sufficient evidence and proof beyond reasonable doubt may recommend the following punishment to the Disciplinary Committee and the Disciplinary Committee shall take the final decision.
(a) Oral reprimand
(b) Written reprimand
(c) Suspension up to one semester
(d) Dismissal from the University permanently
However, if the said complaint is considered an offence under the Penal Code or any other prevailing law, then it shall send the matter to the appropriate Court or Tribunal through appropriate channel.