POSH Policy

1. Policy Statement

Ekta College of Pharmacy is committed to maintaining a safe, respectful, inclusive, and dignified environment for students, faculty members, non-teaching staff, and other members of the institutional community.

The College adopts a zero-tolerance approach towards sexual harassment, gender-based violence, intimidation, and retaliation against persons who raise concerns or participate in a complaint process.

Sexual harassment is unacceptable and inconsistent with the College’s commitment to education, professional conduct, equality, and personal dignity.

The College shall take appropriate preventive and remedial action in accordance with applicable laws and regulations, including the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, and the University Grants Commission Regulations on Prevention, Prohibition and Redressal of Sexual Harassment of Women Employees and Students in Higher Educational Institutions, 2015, wherever applicable.

2. Scope

This policy applies to members of the College community, including:

  • Students and prospective students in circumstances covered by applicable regulations.
  • Teaching and non-teaching employees.
  • Management and administrative personnel.
  • Trainees, interns, apprentices, and other persons covered by applicable law.
  • Visitors, contractors, service providers, and other third parties in situations connected with the College.

The policy covers conduct on college premises and in other circumstances connected with education, employment, or institutional activities, including classrooms, laboratories, libraries, common areas, events, college-related travel, educational visits, internships, and relevant electronic communications.

The College’s prevention and support measures are intended to protect the entire institutional community. Formal complaints shall be handled through the Internal Complaints Committee (ICC) or other appropriate mechanism in accordance with the applicable law and regulations.

3. What Constitutes Sexual Harassment?

Sexual harassment includes unwelcome conduct of a sexual nature that falls within the definition under applicable law or regulations.

Depending on the circumstances, examples may include:

  • Unwelcome physical contact or advances.
  • Demands or requests for sexual favours.
  • Sexually coloured remarks, jokes, or comments.
  • Showing or circulating sexually explicit material.
  • Unwelcome gestures, communications, messages, or conduct of a sexual nature.
  • Threats, promises, or pressure linked to academic opportunities, employment, assessments, promotions, or other benefits in exchange for sexual favours.
  • Conduct that creates an intimidating, offensive, or hostile working or learning environment.
  • Humiliating or threatening treatment connected with sexual harassment.

A complaint will be assessed on its facts and under the applicable legal definition. A person’s position, seniority, relationship with the respondent, or status as a student or employee does not place them above this policy.

4. Prevention and Awareness

The College shall take appropriate steps to prevent sexual harassment and promote awareness of rights, responsibilities, and reporting procedures.

Such measures may include:

  • Publishing this policy and the current details of the Internal Complaints Committee.
  • Informing students and employees of available reporting and redressal mechanisms.
  • Organising appropriate awareness, orientation, and sensitisation programmes.
  • Encouraging respectful conduct and professional boundaries.
  • Taking appropriate action against retaliation or attempts to obstruct complaint proceedings.
  • Reviewing the effectiveness of the policy and associated institutional arrangements.

The College shall seek to ensure that persons who report concerns can access the appropriate institutional mechanism without intimidation or unfair treatment.

6. How to Submit a Complaint

A person seeking assistance should contact the Presiding Officer of the ICC or use the officially published ICC complaint channel.

A complaint should ordinarily be made in writing and include, to the extent possible:

  • A description of the incident or conduct.
  • The approximate date, time, and place.
  • The identity of the person complained against, where known.
  • The names of witnesses, if any.
  • Relevant supporting material, if available.
  • The preferred contact details for communication.

A person who needs assistance in preparing a written complaint may request appropriate assistance under the applicable procedure.

Under the POSH Act, a complaint by an aggrieved woman is ordinarily required to be made within three months of the incident or, in the case of a series of incidents, within three months of the last incident. The ICC may extend this period by a further period not exceeding three months where the statutory conditions are satisfied and the reasons are recorded.

The College encourages prompt reporting but recognises that every situation is different. A person should seek guidance from the ICC or appropriate authority if they are uncertain about the applicable procedure.

Where a concern falls outside the ICC’s jurisdiction, the College shall, as appropriate, direct the person to the relevant institutional or statutory reporting mechanism.

7. Complaint Review and Inquiry

Complaints shall be handled in accordance with the applicable statutory procedure and the ICC’s lawful authority.

Depending on the nature of the complaint and the applicable requirements, the process may include:

  1. Receipt and appropriate recording of the complaint.
  2. An initial assessment of jurisdiction and applicable procedure.
  3. Communication with the parties in accordance with the prescribed process.
  4. A fair inquiry, including consideration of relevant evidence and the opportunity for the parties to be heard.
  5. Recommendations and further action in accordance with applicable law and institutional rules.

The POSH Act provides a conciliation mechanism in circumstances permitted by law, at the request of the aggrieved woman. Monetary settlement shall not be made the basis of conciliation under that Act.

The statutory process includes prescribed timelines for completion of the inquiry, submission of the report, implementation of recommendations, and appeals. The College shall observe the applicable timelines and procedures.

An allegation shall not be treated as established merely because a complaint has been made. Equally, a complaint shall not be dismissed merely because a person is reluctant to report publicly or initially lacks documentary evidence.

8. Interim Support and Protection

Where permitted by applicable law, the ICC may recommend appropriate interim measures during an inquiry to help protect the aggrieved person and maintain a fair process.

Depending on the circumstances and legal requirements, these may include changes to reporting arrangements, work or class arrangements, restrictions on inappropriate contact, or other permitted measures.

The College shall consider appropriate support and safety needs without imposing unnecessary disadvantage on the person who has raised the concern.

9. Confidentiality and Privacy

The College shall protect the confidentiality of complaints and proceedings in accordance with applicable law.

Information concerning the complaint, the identities and addresses of the parties and witnesses, the inquiry, recommendations, and action taken shall not be disclosed or published except where disclosure is permitted or required by law.

The College expects all persons involved in a complaint process to respect confidentiality and refrain from circulating allegations, evidence, or identifying details through social media, messaging groups, or other unauthorised channels.

Confidentiality shall not be used to prevent a person from reporting an incident to a competent authority or obtaining assistance that is lawfully available.

10. Protection Against Retaliation

No person should be threatened, intimidated, disadvantaged, or subjected to retaliatory treatment for:

  • Making a complaint in good faith.
  • Assisting a person who reports sexual harassment.
  • Participating as a witness.
  • Providing information during an inquiry.
  • Exercising a right or making a disclosure protected by applicable law.

Any concern about retaliation should be reported to the ICC or the appropriate institutional authority.

Allegations of retaliation shall be dealt with in accordance with applicable law and institutional procedures.

11. Disciplinary and Other Consequences

Where sexual harassment or related misconduct is established through the applicable procedure, appropriate action shall be taken in accordance with the POSH Act, relevant UGC regulations, applicable service rules, institutional disciplinary rules, and other governing laws.

Depending on the circumstances, consequences may include warnings, written apologies where appropriate, reprimands, disciplinary penalties, employment-related action, or student disciplinary measures, including suspension or expulsion where permitted.

Where the facts indicate a possible criminal offence or another matter requiring external intervention, the College may refer the matter to the appropriate authority in accordance with applicable law.

The College shall not use disciplinary procedures to circumvent statutory protections or deny any party a fair process.

12. Complaints Involving the Employer or Matters Outside the ICC

Where the applicable POSH Act provides for a complaint to be made to the Local Committee constituted by the District Officer, including certain complaints involving the employer or workplaces with fewer than ten workers, the affected person may approach the competent Local Committee.

This provision does not remove any separate obligation of the College to maintain an ICC under the applicable higher-education regulations.

The College shall provide appropriate information about the relevant statutory route where a complaint cannot be addressed by its ICC.

13. Responsibility of Students and Employees

All students and employees are expected to:

  • Maintain respectful conduct and professional boundaries.
  • Refrain from sexual harassment, intimidation, and retaliation.
  • Cooperate with lawful prevention and awareness measures.
  • Use the appropriate reporting mechanisms when they experience or witness concerning conduct.
  • Respect the confidentiality of complaint proceedings.
  • Comply with lawful directions issued under the applicable complaint and disciplinary procedures.

14. Contact and Reporting Information

Internal Complaints Committee (ICC): Principal or designated authority
Official email: info@ektacollegeofpharmacy.org
Contact number: +91 7001733683

Where a complaint concerns the Presiding Officer or another ICC member, or where there is a conflict of interest, the complainant should be provided with an appropriate alternative route in accordance with applicable law.

15. Review and Implementation

This policy shall be reviewed periodically and updated whenever required by applicable legislation, regulatory directions, or changes in the College’s institutional arrangements.

The College shall maintain the ICC and related procedures as required, publish current contact details, and take reasonable steps to ensure that students and employees know where and how to seek assistance.

Ekta College of Pharmacy
Sihur, Tapan, Dakshin Dinajpur, West Bengal, India.