Policy Against Sexual Harassment (POSH)
Purpose and Scope
SMSF is committed to compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 and adopts this policy to prevent, prohibit, and punish sexual harassment of women at the workplace. Sexual harassment is a misconduct and includes any unwelcome acts or behaviors (directly or by implication) such as physical contact and advances, a demand or request for sexual favors, making sexual remarks, showing pornography, or any other unwelcome physical, verbal, or nonverbal conduct of a sexual or hostile nature.
Any employee who alleges sexual harassment in the workplace can make a complaint against any person alleged to have caused sexual harassment in the workplace or authorize another competent person to file a complaint on her/his behalf. Retaliation against anyone who has complained about sexual harassment or cooperated with an investigation of a sexual harassment complaint is unacceptable. Appropriate steps taken to protect staff from retaliation, stop retaliatory behavior, and provide required security measures and counseling help to complainant and accused.
This policy shall be respected and binding on all SMSF staff including core and field team (whether full-time, part-time, temporary, voluntary, seconded, contracted, or casual) and also researchers, trainees, consultants, interns, volunteers, associates, and employees of project partners; and includes external incidents involving such staff. The workplace includes all SMSF premises: head office, implementation areas, anywhere the affected employee/complainant has gone in relation to SMSF work, such as trainings, community/group meetings, workshops, campaigns, etc.
An Internal Committee (IC) against Sexual Harassment for purposes of prevention, prohibition, monitoring, and punishment of sexual harassment at SMSF will be the inquiry authority, take allegations seriously and respond promptly to complaints, conduct enquiries, provide assistance and redressal to the victims, recommend penalties when a person is found guilty of sexual harassment, take corrective action including disciplinary action when necessary, and assist the complainant in filing a case with the police or seeking legal and medical assistance if desired. The IC will consist of two SMSF members serving three-year terms and an external NGO woman with expertise on women’s rights issues—elected by the SMSF Management Team.
As mandated, a female chair is nominated by the IC. At least one member should be retained for continuity, and the outgoing IC will discharge all functions until a new IC is constituted. The IC reviews the overall situation relating to sexual harassment at SMSF every six months. The chair submits an annual report to CEO by April 7 for the year ending March 31, detailing steps taken to prevent and redress sexual harassment.
Procedures
- A complaint can be made in writing (email, post) or orally to any IC member or the head of an SMSF function. A complaint about the CEO can be made to the Board chair. Oral complaints will be put in writing by the person receiving the complaint and authenticated by complainant under her/his dated signature or thumb impression. Complainant may make a complaint through a friend/relative giving reasons for inability authenticate it with a dated signature or thumb impression. A third party who observes sexual harassment behavior can also make a complaint.
- A complaint email can be sent to IC@smsfoundation.org or put in a complaint box as provided at field offices.
- Complaints will be forwarded to the chair and other IC members within two days of receipt and IC will follow fair procedures and conduct its work involving such persons/staff necessary and investigating the matter with individual meetings with the defendant/complainant. If IC decides not to enquire into a complaint, it will put its reasons in writing and give to the CEO within fifteen days of complaint receipt.
- Defendant may reply to allegations orally or in writing, produce witnesses, appear in person before the IC, or put questions to complainant or witnesses in writing and forwarded to the IC, who may ask them on his/her behalf.
- IC shall meet with the defendant, complainant, and/or any witnesses as often as required for supplementary testimony and/or clarifications and ensure that they are not harassed with repeated summons. They shall be informed at least seventy-two hours in advance in writing of date, time, and venue for any meeting and may visit where the complainant or defendant lives or call her/him to the closest SMSF office to record their statements.
- IC may terminate enquiry proceedings and give a decision on the complaint should the defendant or complainant fail, without valid grounds, to be present for three consecutive convened hearings.
- IC shall dismiss a false complaint of sexual harassment and may recommend action under the service rules for a false and/or malicious complaint and/or false testimony or documents by complainant or witnesses.
- IC shall not arrange a meeting with everyone including defendant, complainant, and/or witnesses present unless required and with complainant’s written consent. IC will meet with each separately to ensure freedom of expression and avoid intimidation. Each is allowed to be accompanied by one representative.
- The IC has the power to issue an order restraining the defendant from contacting the complainant during the enquiry, and may request the director of the concerned team/function in consultation with CEO to transfer defendant to another location/team or give leave with pay to complainant if s/he reports intimidation during the enquiry.
- IC will deliberate within ten days of chair receiving the complaint. Five days’ notice of the meeting will be given in writing to the members.
- In consultation with the CEO, IC will forward recommendations to the concerned director within fifteen days of submitting the enquiry report. (If complaint is about the CEO, the IC will give its recommendation to the SMSF Board chair.) If the defendant is found guilty of sexual harassment, the IC will recommend penalties.
- No member of the IC will participate in the decision-making of a case of sexual harassment against him/herself.
- A copy of the IC decision will be given to the complainant and defendant. The IC decision and action taken by the concerned director will be included in the annual report on sexual harassment prepared by IC for SMSF trustees.
- The IC can recommend to the SMSF CEO one or more of the following remedies: training/counseling, monitoring, warning, reprimand, censure, suspension without pay for a specific period, transfer to another team or region, demotion, salary reduction, withholding of an annual increment, compulsory retirement, and/or termination.
- IC members shall maintain confidentiality about proceedings, identities of complainant and witnesses, even in the annual report to CEO on sexual harassment.
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