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Sexual Harassment Complaints Committees Do's and Don'ts 

Sexual Harassment Complaints Committees should

·         Be headed by a woman

·         Have at least 50% women members

·         Have at least one outside member who is familiar with the issue

This is according to Vishaka Judgement (1997) of the Supreme Court of India and is law.  

what to do once the committee is instituted:

do's and don'ts

once the committee is instituted

·         Meet with representatives of management and workers to determine scope, powers and responsibilities of the committee.

·         Get experts in the field and evolve an organizational policy on sexual harassment. This could then lead to a gender policy. Remember gender does not mean women alone.

·         Set aside a separate budget for the activities of the committee. Remember, awareness-raising can be expensive. This budget could be used for lectures by experts on sexual harassment, workshops for the committee and staff, posters, etc. This too is mandated by law.

·         Set up procedures and protocols for proceedings, i.e., quorum for meetings, documentation and reporting, accessibility and storage of documents, keeping in mind the need for confidentiality.

·         Ensure that the outside member is integral  to the quorum. No quorum shall be complete without the presence of such member. One outside member is the minimum requirement.  There can be more. This will ensure quorum even at short notice.

·         Ensure that all complaints are received in writing. This will facilitate maintenance of records.  In addition, this will also minimize the possibility of misinterpretation and misrepresentation.  If the complainant is illiterate, the complaints could be written with the help of a friend or support group. 

·         Meet within 7 days of receiving the complaint. This will help to expedite the matter as well as reassure the complainant.

·         Meet once a month regardless of whether or not there is a complaint.  This will help the committee to design strategy, future plans and best methods of implementation. This will happen more easily, if committee members are familiar with each other and can work synergistically.   

·         Set up:(a) a realistic time frame for redressal.  Make this time frame widely known and adhere to it, even if it is inconvenient. (b) mechanisms for appeal. This  appeal should lie within  the organization. The committee could be asked to review the decision by the management or  the complainant. The management could be part of the review. The committee could also co-opt more members for review.

·         Institutionalise procedures for enquiry. Design procedures so as not to increase trauma and/or vulnerability of complainant.

·         Display a list of organizations familiar with the issue, which the complainant can approach for support.

·         Give a copy of the enquiry proceedings to the complainant too, whether it is demanded by the complainant or not.

·         Make sure that the decision taken by the committee is backed by at least 50% of the members, including the outside member. Without such consensus, no decision taken by the committee should be considered valid.

·         If the complaint received is against a committee member, that member will have to step down from the committee and punitive action taken against such member, if found guilty, should be more severe.

·         Display in many and different places names and addresses of members.

·         Use eye-catching posters to publicize guidelines. Place posters in lifts, toilets, lunch room, etc.

·         Hold awareness workshops and informal discussions on sexual harassment.

·         Committees must present a yearly report on the steps they have taken to deal with and prevent sexual harassment in the organization. This can be included in the annual report of the organization.  

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do’s

·         Formalize and publicize complaints procedures that are easy and non-threatening.

·         Provide safety for friends and supporters of complainant.  

·         Appoint complaints officers -- one man and one woman -- to serve as first point of contact.

·         Complaints officers should be members of the committee. One of them should be the outside expert.

·         Authorize complaints officers to resolve the issue without the committee’s intervention. If unresolved to the complainant’s satisfaction, the complaint should go to the committee.   

·         Use a cheerful, comfortable, airy room for meeting the complainant.

·         Ensure that your body language communicates complete attention to the complainant and accused.

·         Treat the complainant with respect.

·         Discard pre-determined notions of  how a victim or accused should look or behave. Beware of stereotypes.

·         Sexual harassment can be by a person of the opposite sex and/or the same sex. This is an important point that the committee would do well to remember at all times.

·         Many sexual crimes are committed in private, so there may not be eye-witnesses.

·         Consult the complainant for punitive action.

·         If the management does not accept the recommended action,  it should give three valid reasons.

·         Help the complainant regain her/his self-respect and dignity.

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don’ts

·         Do not under any circumstances get aggressive.

·         Do not insist on a detailed description of harassment. This could increase the complainant’s trauma.

·         Remember this is a human rights issue, therefore:

- do not give too much weight to intention, focus on impact.

- ‘proof beyond reasonable doubt’ is not required, strong probability is sufficient.

·         Do not allow for interruptions when talking to the complainant and/or accused.  

·         Do not try and determine the impact of the harassment on the complainant.  Let the complainant determine it. Help the complainant, if necessary.

·         Do not discuss the complaint among yourselves in the presence of the complainant or accused.

remember

These guidelines are neither exhaustive nor comprehensive. Please add to them and let us know your additions so that we can publicize your innovative ideas.

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