PONDICHERRY INSTITUTE OF MEDICAL SCIENCES

INTERNAL COMPLAINTS COMMITTEE

NAME	POSITION	MOBILE NUMBER	Email
Dr. Sajani Ramachandran	Chair person	9894136826	sajaniram@gmail.com
Dr. Shanthi Kannan	Member, Secretary	9500198895	shan_kannan@yahoo.co.in
Dr. Bhavani	Member	9487075142	bhavanisudhagar@yahoo.co.in
Mr. Abel Doss	Member	9442034641	abeldossm@gmail.com
Dr. Vidyaa Ramkumar ( Development Consultant, NGO)	External Member	9952459317	vidramk@gmail.com

The committee members may be contacted either through their email or phone number, for submitting the complaints.

CONTENTS

1. POLICY
2. PURPOSE
3. SCOPE
4. RESPONSIBILITIES
5. STANDARD OPERATING PROCEDURE

POLICY:

1.1 To ensure safe working spaces for all employees and students and to build enabling work environments that respect each ones right to equality of status and opportunity.
1.2 A Safe working environment has a positive impact on work and productivity
1.3 A safe working environment is essential for mental and physical well being of all employees and students
1.4 Safety of all visitors of the institute is also necessary for the smooth functioning of the institute

PURPOSE:

2.1 Prevention, Prohibition and Redressal of all forms of harassment against all employees, visitors and students

SCOPE:

3.1 All employees, visitors and students of Pondicherry Institute of Medical Sciences

RESPONSIBILITIES:

4.1 Publicly notify against all types of harassment at workplace
4.2 Organize training programmes and workshops for all employees and students on gender sensitization and awareness of rights and responsibilities
4.3 Act decisively against all gender based violence against all employees, visitors and students
4.4 Publicly commit to zero tolerance towards all types of harassment
4.5 Organize regular orientation programmes for ICC members, employees and students
4.6 Redressal of complaints submitted to ICC
4.7 Prepare an annual report and report to the respective state government

STANDARD OPERATING PROCEDURE FOR INTERNAL COMPLAINTS COMMITTEE

An inquiry must be completed within 90 days and a final report submitted to the Employer within ten days thereafter. Such report will also be made available to the concerned parties. The Employer is obliged to act on the recommendation within 60 days.

STATE ONE: RECEIPT OF THE COMPLAINT

Step 1: Receive and Acknowledge Receipt of the Complaint

1. Submission of Complaint – Within 3 months of the last incident
2. Review the complaint – In the context of workplace that the harassment complaint is to be met with under the Act, clarity of the complaint, additional information needed form the complainant.

Step 2: Meet and Talk to the Complainant to Explore Options for Formal and Informal Resolution
The complainant to be informed about the process and the informal or formal options available for the redress.

Step 3: Informal Mechanism

1. If the complainant chooses to adopt the informal process to resolve the complaint.
2. The Committee must assess the severity of the situation and if necessary, advise and enable the complainant to opt for the formal route.
3. If conciliation is possible - counseling, educating, orienting, or warning the respondent directly or through a neutral person for conciliation.
4. The Complaints Committee should not advise the complainant to resolve the matter directly with the respondent.
5. If informal process is successful, such resolution is to be recorded by the conciliator and forwarded to the ICC – will forward the same to the employer for further action based on the resolution.
6. Employers - take step\s to ensure that the complainant is not subject to any backlash.

Step 4 : Formal Mechanism
If the complaint opts for formal redress, or the nature of the complaints is serious with calls ICC must respond to the complaint.

Step 5: Respondent and Response

1. Within seven days of receiving a complaint, the Complaints Committee will inform the respondent in writing that a complaint has been received.
2. The respondent to respond to the complaint in writing within ten days thereafter.

STAGE TWO: PLANNING

Step 6: Prepare the File

1. Documentation – Create an Independent confidential file of the complaint and all subsequent related documentation.
2. Review Law & Policy – Have a clear knowledge and understanding of the Act/Rules as well as the relevant Service Rules, Workplace Policy, Vishaka Guidelines, existing practices and related laws.
3. Make a List – Make a list of all the dates and events relating to the written complaint a s well as the names of witnesses, where applicable.
4. Supporting Documents – Obtain and review all supporting documents relevant to the complint, including those presented by the complaint and the respondent.
5. Act Quickly - Create a checklist to ensure that all of the critical elementsare covered.
   1. The names of the parties and witnesses to be interviewed
   2. Any documentary support that needs to be examined
   3. Timeline

Step 7: Consideration

1. Interim Measures – ICC to take measures to prevent potential ongoing harassment.
   • Transfer or leave (special leave with pay) of complainant for up to 3 months.
   • Transfer of restrain the respondent from reporting on complainant’s performance, writing confidential report or supervising academic activities.
2. Support – Maintain clear, timely communication with the parties throughout the process. Provide complainants with any specific assistance - counseling, addressing health related concerns or sanctioning of leave.

STAGE THREE: INTERVIEWS

Step 8: Prepare an Interview Plan for the Hearing: Complainant, Witnesses, Respondent

1. Based on the results of the previous steps and before conducting interviews, the Complaints Committee should decide which issues need to be pursued for questioning.
2. Obtain information that is relevant to the complaint from individuals.
3. Interviews to be conducted with each person separately and in confidence. The complainant and the respondent should not be brought face to face with each other.

Step 9 : Assess the Completeness of the Information Collected

Review the information gathered and their factual relevance to each aspect of the complaint.

STAGE FOUR: REASONING

Step 10:

• Identify the substance of each aspect of the complaint.
• Determine, whether or not, on a balance of probability, the unwelcome harassment took place.
• Check that such behavior/conduct falls within the definition of harassment set out in the relevant Act/Rules, Policy, Service Rules or law.
• Comment on any underlying factor(s) that may have contributed to the incident.

Step 11:Create a timeline to help establish the sequence of events related to the complaint.

Step 12: Compare similarities and differences within each of the statements made by the interviewees.

STAGE FIVE: FINDING AND RECOMMENDATION

Step 13 : Finding

• ICC must arrive at a finding of whether the complaints upheld, not upheld or inconclusive.
• ICC shall share its finding with both the parties and provide them an opportunity to make representation against it before the Committee.

Step 14: Recommendations

1. ICC is unable to uphold the complaint, it shall recommend no action.
2. ICC upholds the Complaint, it may recommend an action - Disciplinary action, including a written apology, reprimand, warning, censure, With holding promotion/ pay raise/ increment, Termination, Counseling, Community service
3. ICC may also recommend financial damages to the complainant, if the amount is not paid it can be recovered as an arrear of land revenue. While deciding the amount take into consideration – Mental trauma, pain, suffering and emotional distress caused, Medical expenses incurred, Loss of career opportunity, income and financial status of the respondent.
4. ICC can give additional recommendations to address the underlying factors contributing to workplace based harassment.

STAGE SIX: REPORT

Step 15: Writing the Report

The Complaints Committee will prepare a final report that contains the following elements:

• A description of the different aspects of the complaint.
• A description of the process followed.
• A description of the background information and documents that support or refute each aspect of the complaint.
• An analysis of the information obtained, Findings of ICC, Recommendations.