UGC Harassment Regulation

UGC (Prevention,
Prohibition and
Redressal of Sexual
Harassment of
Women employees
and students in
Higher Education
Institutions)
Regulations, 2015
2
Introduction
▫ This regulation is applicable to the higher

education institutions in India.
▫ In furtherance of the Sexual Harassment
Act, this regulations has been initiated
.
Sexual harassment
 An unwanted conduct with sexual undertones if it occurs or
which is persistent and which demeans, humiliates or creates
hostile and intimidating environment or is calculated to
induce submission by actual or threatened adverse
consequences and includes any one or more or all of the
following unwelcome acts or behaviour (either directly or by
implications)
 (a) any unwelcome physical, verbal or non verbal conduct of

sexual nature;
 (b) demand or request for sexual favours;
 (c) making sexually coloured remarks
 (d) physical contact and advances; or
 (e) showing pornography” 3
Sexual harassment
 any one (or more than one or all) of the following circumstances,
if it occurs or is present in relation or connected with any
behaviour that has explicit or implicit sexual undertones-
 (a) implied or explicit promise of preferential treatment as
quid pro quo for sexual favours;
 (b) implied or explicit threat of detrimental treatment in the
conduct of work;
 (c) implied or explicit threat about the present or future
status of the person concerned;
 (d) creating an intimidating offensive or hostile learning
environment;
humiliating treatment likely to affect the health, safety dignity or
physical integrity of the person concerned;
4
Student
 “Student” means a person duly admitted and pursuing a
programme of study either through regular mode or
distance mode, including short-term training programmes
in a HEI;
 For the purpose of this regulations, a student in the process

of taking admission will also be considered as a student of
HEI, if any SH takes place against the student.
 A student who is a participant of the HEI where the incident

occurs but is however enrolled in another institute will also
be considered as a student
5
Workplace under UGC Regulations
 It means the campus of the HEI
 a) Any department, organisation, undertaking,
establishment, enterprise, institution, office, branch or unit
which is established, owned, controlled or wholly or
substantially financed by funds provided directly or
indirectly by the appropriate HEIs;
 (b) Any sports institute, stadium, sports complex or
competition or games venue, whether residential or not
used for training, sports or other activities relating thereof
in HEIs;
 (c) Any place visited by the employee or student arising out
of or during the course of employment or study including
transportation provided by the Executive Authority for
6
undertaking such journey for study in HEIs.’
7
 Notify provisions against sexual

harassment and ensure its
dissemination
 Organise training programmes
 Act decisively against all gender Responsibility of

based violence perpetrated against
employees and students of all sexes HEI
 Zero tolerance to sexual harassment
(Regulation 3)
 Commitment to have a campus free
from discrimination, harassment,
retaliation or sexual assault at all
levels.
8
 Treat sexual harassment as a

misconduct
 Inform recourse available to

students and employees if
victims of sexual harassment. Responsibility of
 Curb any form of harassment of HEI
employees and students (Regulation 3)
 Bring those guilty of SH to initiate
proceedings as required by law
 Monitor timely submission of

reports
9  Executive Authority of HEI to
provide full support to the ICC
 Ensure guidelines for ethics
for research supervision
 HEI to review efficacy and
implementation of anti sexual
harassment policy
Supportive Measures
 Academic staff to incorporate
gender orientation sessions
 Counselling service to be
institutionalised
 Good lighting, security
service, reliable transport,
concern and safety of women
students is essential
10
Grievance Redressal
Mechanism (4)
 Constitute ICC with following

composition
 Presiding Officer – Senior Women
faculty member (Not below
Professor in case of university)
nominated by Executive Authority
 2 faculty members and 2 non
teaching employees – committed
to the cause of women
 3 students if matter pertains to
student – of UG, PG and Research
– elected through democratic
“
Grievance Redressal Mechanism (4) Contd…
 One member from NGO

 One half of the total members to be
women
 To ensure autonomy of the ICC – VC,
Registrars, Deans and Heads of Dept
not to be member
 Term of officer not to be more than 3
years
11
12
Responsibility of ICC
▫ assistance to any
employee or a student
▫ address issue through
just and fair conciliation
▫ protect the safety of the
complainant
▫ victims or witnesses are
not victimized
▫ prohibition of retaliation
or adverse action
13
 Written complaint to be submitted
within 3 months of the date of the
incident.
 If it is a series of incident within 3

months from the last date of incident
Process of
making  If there is satisfactory reason for delay
complaint of in filing complaint, then it may be
SH accepted even after 3 months
 Friends, relatives, Colleagues, Co-

students, Psychologist, or any other
associate of the victim may file the
complaint in situations where the
aggrieved person is unable to make a
14
 On receiving complaint – copy to be
sent to respondent within 7 days
 Respondent to reply within 10 days –

with list of docs and witnesses
 Enquiry to be completed within 90

Process of days of receipt of complaint
conducting
Inquiry  Enquiry report to be submitted to the
Executive Authority of HEI along with
copy to both the parties
 Executive authority to act on the

recommendation of the ICC
15
 Appeal be filed before Executive Authority of
HEI within 30 days
 If EA does not act on recommendation of ICC,

reason to be conveyed to ICC and parties
 If EA act on recommendation, show cause to

be issued to the person concerned and reply to
Process of be given within 10 days
conducting  EA to proceed only after considering the reply
Inquiry
 Aggrieved party may seek conciliation for
settling the matter
 Identities of the parties, victim and witness to

be kept confidential
16
 Transfer  Offender to be
Interim Relief
complainant or warned to keep
respondent to safe distance
minimise risk  Take strict
 Grant leave to the measure to
aggrieved provide
 Restrain conducive
respondent from environment of
reporting or safety and
evaluating protection to
performance of the complainant
the complainant
Punishment and compensation
 Any person found guilty to be punished in accordance with

service rules of HEI
 If respondent is student then
 Withhold privileges to student like library, auditorium,
scholarship, allowances etc
 Suspend or restrict entry into campus
 Expel and strike off name from rolls of institution
 Award reformative punishment like mandatory counselling,
community service
17
Punishment and compensation
Contd…
 Aggrieved entitled to compensation

 For mental trauma, pain, suffering
 Loss of career opportunity
 Medical expense
 Income and status of the alleged perpetrator
 Feasibility of payment of such lump sum amount or in
installments
18
19
 Any person making false and

frivolous complaints knowing it to be
Action against
untrue shall be punished.
frivolous
complaints (11)  Inability to substantiate a complaint
due to inadequacy of proof shall not
attract action against the
complainant
20  Withdrawal of fitness to receive grants
 Removing name of University from list

maintained by UGC
Consequences of
Non-compliance  With holding grant allotted
 Declaring institution ineligible for any

 Any institution assistance
which fully
contravenes or  Informing general public that institute is not
fails to comply zero tolerant to sexual harassment
with the  Recommend affiliate university to withdraw
obligations, affiliation
UGC can take
any of the  Recommend to State Government to
following withdraw status as university
action
 UGC to impose penalties
Thank You
21

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UGC (Prevention,

▫ This regulation is applicable to the higher

 (a) any unwelcome physical, verbal or non verbal conduct of

 For the purpose of this regulations, a student in the process

 A student who is a participant of the HEI where the incident

 Notify provisions against sexual

 Organise training programmes

 Act decisively against all gender Responsibility of

 Treat sexual harassment as a

 Inform recourse available to

 Monitor timely submission of

 Constitute ICC with following

 One member from NGO

 If it is a series of incident within 3

 Friends, relatives, Colleagues, Co-

 Respondent to reply within 10 days –

 Enquiry to be completed within 90

 Executive authority to act on the

 If EA does not act on recommendation of ICC,

 If EA act on recommendation, show cause to

 Identities of the parties, victim and witness to

 Any person found guilty to be punished in accordance with

 Aggrieved entitled to compensation

 Any person making false and

 Removing name of University from list

 Declaring institution ineligible for any

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