Prevention (and Prohibition) of Sexual Harassment at the Workplace
Purpose:
At LevelUp IAS Edutech Pvt. Ltd. (the “Company”), our Prevention (Prohibition and Redressal) of Sexual Harassment at the Workplace (POSH) policy aims to foster a professional, open, and respectful work environment free from gender-based discrimination and harassment. We maintain a strict zero-tolerance stance towards any form of sexual harassment, irrespective of the gender of the individuals involved.
Our policy adheres to the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, and the Vishaka guidelines, 1997, as established by the Supreme Court of India. The Company is committed to taking all necessary measures to prevent sexual harassment and to address any such incidents that occur.
We approach all allegations of sexual harassment with seriousness and commit to conducting thorough, fair, and impartial investigations. Throughout this process, we ensure that confidentiality and sensitivity are upheld.
Our Commitment
“LevelUp IAS Edutech Pvt. Ltd.” is committed to ensuring that all persons engaged with LevelUp IAS Edutech Pvt. Ltd. work in an environment that is inclusive and provides an opportunity to bring their best selves to the workplace. LevelUp IAS Edutech Pvt. Ltd. is committed to provide a work environment that ensures every person at the workplace is treated with dignity, respect and afforded equal treatment.
LevelUp IAS Edutech Pvt. Ltd. directs its actions to ensure that everyone who visits our workplace, experiences an environment that not only promotes diversity and equality but also mutual trust, equal opportunity and respect for human rights.
LevelUp IAS Edutech Pvt. Ltd. does not tolerate any form of discrimination, victimization, or harassment including Sexual Harassment and it is committed to take all necessary steps to ensure that nobody is subjected to any kind of harassment.
This Policy on Prevention of Sexual Harassment (POSH) [“Policy”] is framed in accordance with the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 [“Act”] and the Rules framed thereunder which is aimed at providing every woman at the workplace a safe, secure and dignified work environment. This POSH Policy is in addition to the ‘Respect, Dignity & Fair Treatment’ Policy enshrined under the “Code of Business Principles” of LevelUp IAS Edutech Pvt. Ltd. which prohibits our employees to engage in any direct/indirect behavior that is offensive, intimidating, malicious or insulting. This includes any form of harassment or bullying, whether individual or collective.
Scope:
This Policy applies to all persons engaged at (LevelUp IAS Edutech Pvt. Ltd.) for any work on regular, temporary, ad-hoc or daily wage basis, either directly or through an agent and includes a co-worker, a contract worker, probationer, trainee, apprentice, intern and visitor at our premises. Complaints relating to Sexual Harassment against women at Workplace (as defined under the Act) shall be dealt with in accordance with the provisions of the Act.
Complaints involving harassment/discrimination, including sexual harassment, against persons other than women [including men and LGBTQ+] shall be dealt with in accordance with our Respect, Dignity and Fair Treatment Policy under our Code of Business Principles.
Definition of Sexual Harassment
Sexual harassment consists of unwelcome sexual advances, requests for sexual favors, or visual, verbal, or physical conduct of a sexual nature.
These include –
Verbal Aspects: A sexual innuendo, suggestive comments, sexually colored jokes, sexual propositions, lewd remarks, threats and requests for sexual favors.
Non-Verbal Aspects: Unwelcome or unwanted physical contact, distribution or display of any written or graphic material, including calendars, posters, images, previews and cartoons that are sexually suggestive or show hostility towards an individual or group because of their gender. Non-verbal sexual harassment also includes suggestive leering, staring, whistling, eve teasing, obscene gestures, letters, tweets, blogs or posts, notes, facsimiles and e-mails where the content is sexual in nature or unwelcome gifts or articles of personal usage that could be deemed sexual in nature or inappropriate.
The following instances also amount to cases of sexual harassment at workplace:
- Implied or explicit promise of preferential treatment in an individual’s employment
- Implied or explicit threat of detrimental treatment in an individual’s employment
- Implied or explicit threat about an individual’s present or future employment status
- Interference with an individual’s work or creating an intimidating, offensive or hostile work environment for him / her.
- Humiliating treatment likely to affect the individual’s health or safety
- Retaliation in any manner, for complaining against experienced or observed sexual harassment or giving.
Prevention
The Company shall introduce suitable steps to prevent any kind of sexual harassment at the workplace. Awareness material shall be made available for all employees and other stakeholders so that everyone is made aware of the need to prevent any kind of sexual harassment. An orientation workshop shall be separately conducted for the Internal Committee Members so as to make them aware of the processes around preventing and dealing with incidents of sexual harassment.
Compliance
The POSH policy will be circulated amongst the employees as well as other stakeholders and also put up on our intranet. Awareness is also aimed to be established through personal briefings during new employee induction. A zero-tolerance approach towards sexual harassment forms a part of the Code of Ethics & Conduct for the Company. Specific undertakings will also be issued for other stakeholders like vendors, contractors, sub-contractors, etc.
An Internal Complaints Committee (ICC) will be constituted, composed of members as recommended by the legal guidelines of India. i.e. more than 50% of the Committee Members are women. The ICC chairperson will be a woman and it will include an external woman member from an association or institution which focuses on gender equality and women empowerment in India. The ICC members will hold office for a period of 3 years and will be eligible for reappointment for further. The list of ICC members and any revisions thereof will be announced and updated in the Company POSH policy.
GRIEVANCE MECHANISM: PROCEDURE TO REGISTER COMPLAINTS
A complaint shall be submitted through email or can be discussed during the meeting with any member of the Internal Committee mentioned herein within 3 months of occurrence of an act of Sexual Harassment. If the respondent is the direct supervisor of the complainant, or person influencing the career growth of the complainant, the reporting structure will be changed till the time the enquiry is completed.
All complaints of sexual harassment that are reported will be investigated promptly, impartially and with confidentiality. The Company will either directly undertake or facilitate a thorough and objective investigation of the sexual harassment allegations. Stakeholders are expected to cooperate with any investigation, whether they are the accuser, accused or potential witnesses.
REDRESSAL:
- An amicable resolution of the complaint is possible only with the written consent of the complainant.
- Within 24 hours of closing the case file, the internal committee shall present the same to and inform its decision to the Managing Director.
- In case of decision establishing the offence of Sexual Harassment of the complainant, within 3 working days, the internal committee shall recommend Disciplinary action against the offender considering the nature and extent of injury caused to the complainant, prior complaints or repetition of offence etc and the impact of the offence on the company profile as a whole.
- The position of the offender and the criticality of the position occupied by the offender shall not be any hindrance to the disciplinary action taken against the offender.
- The disciplinary action that shall be commensurate with the nature of the gravity of the offense, shall include but not limited to,
➢ Warning
➢ Written apology from offender
➢ Bond of good behavior
➢ Transfer
➢ Debarring from supervisory duties
➢ Denial of employee benefits like increments / promotion / salary correction etc.
➢ Cancellation of specific work Assignment
➢ Suspension
➢ Dismissal
Annual report summarizing complaints and Redressal of Sexual harassment shall be prepared by designated person. The said report as well as all documents regarding Sexual Harassment complaints shall be in the custody of designated person and will be termed as ‘Strictly Confidential.
Confidentiality and Non-Retaliation
Every person who is a part of the complaint process shall at all times keep the contents of complaint, identity of complainant, respondent and witnesses, and any information relating to conciliation, inquiry and recommendations of Committee Confidential.
LevelUp IAS Edutech Pvt. Ltd. does not tolerate retaliation or victimization against anybody who identifies and raises issues relating to any form of harassment/discrimination including sexual harassment or who lodges complaints and/or participates in any related proceedings either directly with the management or through the grievance procedures in place. Any person contravening the confidentiality clauses is subject to disciplinary action as prescribed under the Act / Code protocols.
DO’S & DON’TS for the Company employees
- Read the Company POSH policy and procedures dealing with sexual harassment.
- If you are being harassed, confront the harasser (if possible) and tell him / her to stop the harassment immediately and firmly.
- Wherever it is feasible, retain records (emails, messages, pictures, audio, video, tweets, social media posts, etc) of behavior or incidents that you think may amount to Sexual Harassment.
- If you see someone else being sexually harassed, encourage the person to report it or please feel to report it on behalf of the harassed person.
- Be conscious about your behavior and communication, especially on social media platforms – what may seem fun to you may be offensive or harassing to another. It may also be illegal.
- Cooperate with the Internal committee in its investigations of complaints.
- Attend the hearings when summoned by the Internal committee and provide truthful information.
- Do not indulge in loose talk about alleged instances of sexual harassment or about any of the individuals involved.
- Do not breach confidentiality, as both sides are equally entitled to their privacy.
- Do not suppress instances of sexual harassment.
- Do not delay reporting of instances of sexual harassment.
DO’S & DON’TS for the Company Managers
- Sensitize your team members to issues of sexual harassment and educate them on the consequences.
- If anyone draws your attention to incidents of sexual harassment, encourage the person to report such incidents to the ICC immediately.
- Do not discourage anyone from reporting behavior, which he / she thinks is sexual harassment.
- Do not intimidate or retaliate against someone who has complained of sexual harassment. Such conduct may also get reported as sexual harassment.
- Do not draw conclusions without going through the complaints process.
Annexure: Constitution and Implementation of ICC
Implementation of POSH Committee for Ensuring the Safety of Teachers, Students and other staff members.
This is to formally notify all members of our educational institution that the company has Prevention of Sexual Harassment (POSH) Committee duly constituted in accordance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.
Date of constitution of committee: 20th April 2023
Following are the members:
| NAME | ROLE | |
|---|---|---|
| Dimple Nankani | Presiding Officer | dimpleknankani@gmail.com |
| Nikhil Sheth | Internal Member | niksheth257@gmail.com |
| Karandeep Singh | Internal Member | anchit00@gmail.com |
| Harsha Bhadawar | Independent Member | harshabha18@gmail.com |
| Varuna Thakur | Independent Member | thakur.varuna@gmail.com |
This committee has established to ensure a safe, secure and dignified environment for all teachers, students and staff members and is empowered to take all necessary measures to prevent, address and resolve the complaints of sexual harassment as per the regulations of the POSH Act.
While the committee ensures the confidentiality of the complainant’s identity, it is important to note that as per POSH regulations, the committee cannot take action on anonymous complaints. Therefore, individuals are encouraged to come forward and formally report incidents of sexual harassment.
Complaints can be submitted in writing, verbally or via email to any member of the POSH Committee. The complaint should provide specific details of the incident to facilitate a thorough investigation.
The POSH Committee is committed to maintaining the confidentiality of the complainant’s identity. The name of the complainant will remain anonymous and will not be disclosed without their consent.
All the Divisions Heads are requested to kindly bring the above to the knowledge of all the teachers/professor/professionals. Complaints (if any), may be sent in an envelope superscribing it as “Confidential” addressed to the Presiding Officer or any of the Member of the Committee.