Internal Complaints Committee (ICC)

  1. Home
  2. Internal Complaints Committee (ICC)

Internal Complaints Committee (ICC)

The establishment of an Internal Complaints Committee (ICC) in colleges in India is mandated by law to ensure a safe and equitable environment for all students and staff, free from sexual harassment and discrimination. This initiative aligns with the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, often referred to as the POSH Act, which was enacted by the Government of India to provide protection against sexual harassment and to ensure the prevention and Redressal of complaints.

According to Section 4 of the POSH Act, every employer is required to constitute an Internal Complaints Committee at every office or branch with 10 or more employees to hear and redress complaints of sexual harassment. In the context of educational institutions, this responsibility extends to colleges and universities, ensuring that all campuses are compliant with these legal requirements.

Furthermore, the University Grants Commission (UGC) has issued regulations to reinforce the implementation of the POSH Act within higher education institutions. The UGC (Prevention, Prohibition and Redressal of Sexual Harassment of Women Employees and Students in Higher Educational Institutions) Regulations, 2015, outline the need for every higher educational institution to establish an ICC. These regulations provide a comprehensive framework for the constitution, powers, and responsibilities of the ICC, emphasizing a gender-sensitive environment and the importance of addressing complaints promptly and effectively.

The ICC in a college is therefore a critical body, comprising a Presiding Officer, faculty members, non-teaching staff, and student representatives, tasked with addressing issues of sexual harassment in a manner that upholds the dignity and rights of all individuals involved. By adhering to these legal and regulatory frameworks, colleges demonstrate their commitment to fostering a safe and respectful learning environment, in line with the values enshrined in the POSH Act and UGC guidelines.

Internal Complaints Committee In Colleges

The Internal Complaints Committee (ICC) is a statutory body mandated by the Government of India to address issues of sexual harassment and ensure a safe and respectful environment for all students and staff in educational institutions. The establishment of the ICC is guided by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the POSH Act, and further reinforced by the University Grants Commission (UGC) regulations. In colleges, the ICC plays a pivotal role in maintaining a conducive and safe educational environment. It is established as per Section 4 of the POSH Act, which requires every employer, including educational institutions, to form an ICC at every office or branch with 10 or more employees. This ensures that the committee is accessible and functional at all times to address grievances promptly.

What Is The Internal Complaints Committee?

The Internal Complaints Committee is a legally constituted body within colleges and universities designed to address and resolve complaints of sexual harassment. The ICC is composed of:

  • A Presiding Officer who is a woman faculty member.
  • At least two faculty members committed to gender equality.
  • At least one non-teaching staff member.
  • A representative from an NGO or an individual familiar with issues of sexual harassment.
  • Student representatives as applicable.

This diverse composition ensures a balanced and sensitive handling of complaints, reflecting the varied perspectives within the institution.

The Need Of An Internal Complaints Committee

The necessity of having an Internal Complaints Committee in colleges arises from several critical factors:

1. Legal Comppance: The POSH Act mandates the formation of ICCs to provide a structured mechanism for addressing sexual harassment complaints, ensuring institutions comply with national laws.

2. Safe Learning Environment: Colleges are places of learning and personal growth. Ensuring a harassment-free environment is essential for the academic and personal development of students.

3. Empowerment and Protection: The ICC empowers victims to come forward with their complaints without fear of retapation or victimization, fostering a culture of openness and support.

4. Timely Redressal: The committee ensures that complaints are addressed promptly and fairly, preventing the escalation of issues and maintaining campus harmony.

5. Awareness and Prevention: The ICC also plays a proactive role in educating the college community about what constitutes sexual harassment and the importance of respectful behavior, thereby preventing incidents before they occur.

Trust and Transparency: Having a formal body pke the ICC builds trust among students and staff, as it reflects the institution's commitment to addressing and mitigating issues of sexual harassment.

By adhering to these legal and regulatory requirements, colleges in India demonstrate their commitment to providing a safe, equitable, and supportive educational environment for all. The ICC not only addresses grievances but also plays a crucial role in fostering a culture of respect and dignity within the institution.

Acts Considered As Sexual Harassment According To The ‘Posh Act’

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly referred to as the POSH Act, outlines several acts that constitute sexual harassment. Understanding these acts is crucial for the effective functioning of the Internal Complaints Committee (ICC) in addressing and redressing complaints of sexual harassment. According to Section 2(n) of the POSH Act, the following acts are considered as sexual harassment:

1. Physical Contact and Advances:

  • Unwelcome physical contact such as touching, grabbing, pinching, or brushing against an individual's body.
  • Any physical advances those are unwelcome or inappropriate.

Example : An employee or student touching another individual's body inappropriately during work hours or in a classroom setting, even if the contact seems accidental but is perceived as deliberate.

2. Demand or Request for Sexual Favors:

  • Direct or indirect propositions or requests for sexual favors.
  • Instances where submission to such requests is made a condition for employment or academic benefits.

Example : A supervisor asking a subordinate for sexual favors in exchange for a promotion or a professor suggesting better grades in return for sexual interactions.

3. Making Sexually Colored Remarks:

  • Comments, jokes, or remarks that are sexually suggestive or inappropriate.
  • Any statement that demeans or discriminates based on gender or sexual orientation.

Example : Making derogatory comments about someone's attire with a sexual undertone or passing lewd comments that make the individual uncomfortable.

4. Showing Pornography:

  • Displaying, sharing, or circulating pornographic content, images, or videos.
  • Any form of electronic transmission of explicit content.

Example : Displaying explicit images on a computer screen during office hours, or sending sexually explicit videos to colleagues or classmates.

5. Any Other Unwelcome Physical, Verbal, or Non-Verbal Conduct of Sexual Nature:

  • Gestures, looks, or actions those are sexually suggestive.
  • Unwelcome sexual comments, including but not limited to remarks about a person's body or appearance.
  • Repeatedly asking someone out on dates despite rejection.
  • Using offensive language or sending inappropriate messages through emails, texts, or social media.

Example : Whistling or making kissing sounds when someone passes by, staring in a sexually suggestive manner, or sending unsolicited sexual content via email or social media.

Importance Of Recognizing These Acts

Recognizing these acts as sexual harassment is essential for maintaining a safe and respectful environment in colleges and workplaces. The POSH Act's comprehensive definition helps in creating awareness and providing clear guidelines on what constitutes unacceptable behavior, thereby aiding the ICC in addressing complaints effectively. This understanding also empowers victims to come forward and report incidents without fear of ambiguity or dismissal. By adhering to these detailed provisions of the POSH Act, educational institutions and workplaces can ensure a safer, more respectful and equitable environment for everyone.

Vision Of The Internal Complaints Committee (Icc) Of College

The vision of the Internal Complaints Committee (ICC) in a college is to foster a safe, respectful, and inclusive educational environment where all members of the college community are empowered, protected, and treated with dignity. The ICC aims to create a campus culture that actively prevents sexual harassment, promotes gender equality, and ensures that all complaints are addressed promptly, fairly, and confidentially.

Key Elements Of The Vision

1. Safety and Respect:

Establish a campus environment where every individual feels safe and respected, free from any form of sexual harassment or discrimination.

2. Inclusivity and Equality:

Promote a culture of inclusivity and gender equality, ensuring equal opportunities and respect for all, regardless of gender or background.

3. Empowerment and Support:

Empower victims of sexual harassment to speak out and seek redressal, providing them with the necessary support and resources to do so.

4. Prevention and Education:

Implement comprehensive awareness and educational programs to prevent sexual harassment and educate the college community about their rights and responsibilities under the POSH Act and UGC regulations.

5. Prompt and Fair Redressal:

Ensure a transparent, fair, and timely process for addressing complaints of sexual harassment, maintaining confidentiality and sensitivity throughout the investigation and resolution process.

6. Accountability and Transparency:

Uphold the highest standards of accountability and transparency in handling complaints, ensuring that the processes and outcomes are just and equitable.

7. Continuous Improvement:

Strive for continuous improvement in policies, procedures, and practices related to the prevention and redressal of sexual harassment, based on feedback, changing needs, and best practices.

By realizing this vision, the Internal Complaints Committee seeks to contribute to the overall mission of the college, ensuring that it remains a vibrant, safe, and welcoming place for learning, growth, and development for all students, faculty, and staff.

Mission Of The Internal Complaints Committee (ICC) Of College

The mission of the Internal Complaints Committee (ICC) of a college is to create and maintain a safe, inclusive, and equitable campus environment by preventing and addressing incidents of sexual harassment. The ICC is dedicated to upholding the dignity of every individual, ensuring justice, and fostering a culture of respect and mutual understanding within the college community.

1. Preventing Sexual Harassment:

  • Develop and implement comprehensive awareness programs that educate students, faculty, and staff about sexual harassment, its consequences, and the importance of respectful behavior.
  • Promote zero tolerance for any form of sexual misconduct and foster a culture where such behavior is actively discouraged.

2. Providing a Safe and Confidential Reporting Mechanism:

  • Establish accessible, confidential, and reliable mechanisms for individuals to report incidents of sexual harassment without fear of retaliation or victimization.
  • Ensure that all complaints are handled with utmost sensitivity, confidentiality, and impartiality.

3. Ensuring Fair and Timely Redressal:

  • Conduct thorough, impartial, and timely investigations of all reported complaints of sexual harassment.
  • Provide fair and just resolutions to complaints, ensuring that appropriate actions are taken to address the issue and prevent recurrence.

4. Supporting Victims:

  • Offer comprehensive support to victims of sexual harassment, including counseling, legal assistance, and academic support, to help them cope with the aftermath of harassment.
  • Empower victims to speak out and seek justice, ensuring they are aware of their rights and the resources available to them.

5. Training and Capacity Building:

  • Regularly train ICC members and other stakeholders on the latest legal provisions, guidelines, and best practices related to preventing and addressing sexual harassment.
  • Build the capacity of the college community to recognize, prevent, and respond to incidents of sexual harassment effectively.

6. Promoting Gender Equality:

  • Advocate for and implement policies and practices that promote gender equality and inclusivity within the college.
  • Address and eliminate systemic biases and barriers that contribute to gender-based discrimination and harassment.

7. Monitoring and Evaluation:

  • Continuously monitor and evaluate the effectiveness of policies, procedures, and interventions related to sexual harassment.
  • Use feedback and data to improve and adapt strategies for preventing and addressing sexual harassment.

8. Collaboration and Engagement:

  • Collaborate with external experts, organizations, and government bodies to stay informed about best practices and legal requirements.
  • Engage with the college community to foster a collective responsibility towards creating a safe and respectful environment.

By fulfilling this mission, the Internal Complaints Committee strives to ensure that the college remains a safe, supportive, and respectful place for all members to learn, work, and grow, free from the fear of sexual harassment.

Objectives Of The Internal Complaints Committee (ICC) Of College

The Internal Complaints Committee (ICC) of a college aims to create and sustain a safe, respectful, and inclusive campus environment. The following are the primary objectives of the ICC:

1. Prevention of Sexual Harassment:

Develop and implement proactive measures to prevent incidents of sexual harassment through education, awareness, and training programs for all members of the college community.

2. Awareness and Education:

Conduct regular workshops, seminars, and awareness campaigns to educate students, faculty, and staff about what constitutes sexual harassment, the legal frameworks governing it, and the mechanisms available for redressal.

3. Confidential and Accessible Reporting:

Provide clear, accessible, and confidential channels for individuals to report incidents of sexual harassment, ensuring that they feel safe and supported in coming forward.

4. Prompt and Fair Investigation:

Ensure that all complaints of sexual harassment are investigated promptly, thoroughly, and impartially, maintaining confidentiality and fairness throughout the process.

5. Support for Complainants:

Offer necessary support to complainants, including counseling, legal advice, and academic accommodations, to help them cope with the effects of harassment and to facilitate their recovery.

6. Effective Redressal Mechanisms:

Ensure that appropriate actions are taken against those found guilty of sexual harassment, providing justice to the complainants and preventing recurrence of such incidents.

7. Training and Capacity Building:

Regularly train ICC members and other stakeholders in handling complaints of sexual harassment with sensitivity, efficiency, and legal compliance.

8. Policy Development and Implementation:

Formulate, review, and update the college’s sexual harassment policy in line with the latest legal requirements and best practices, ensuring it is comprehensive and effectively implemented.

9. Monitoring and Evaluation:

Continuously monitor and evaluate the effectiveness of the ICC’s activities and interventions, using feedback and data to improve policies and practices related to preventing and addressing sexual harassment.

10. Fostering a Respectful Culture:

Promote a campus culture of mutual respect, dignity, and equality, encouraging positive interactions and relationships among all members of the college community.

11. Collaboration and Networking:

Collaborate with external experts, organizations, and legal bodies to stay informed about the latest developments in the field of sexual harassment prevention and redressal, and to enhance the effectiveness of the ICC’s initiatives.

12. Compliance with Legal and Regulatory Frameworks:

Ensure that the college complies with the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), and the University Grants Commission (UGC) regulations.

By achieving these objectives, the ICC aims to uphold the rights and dignity of all individuals within the college, ensuring a safe, supportive, and respectful environment conducive to learning and growth.

Roles & Functions Of The Internal Complaints Committee (Icc) Of College

The Internal Complaints Committee (ICC) of a college plays a pivotal role in addressing and preventing sexual harassment on campus. Its roles and functions are comprehensive and designed to ensure a safe, respectful, and equitable environment for all students, faculty, and staff. Below are the detailed roles and functions of the ICC:

Roles Of The ICC

1.Complaint Redressal: Serve as the primary body for receiving, investigating, and resolving complaints of sexual harassment.

2.Advisory Role: Advise the college administration on measures to be taken to prevent sexual harassment and ensure a gender-sensitive environment.

3.Awareness and Training: Educate the college community about sexual harassment, their rights, and the mechanisms available for redressal.

4.Policy Implementation: Ensure the effective implementation of the college's sexual harassment policy in compliance with the POSH Act and UGC guidelines.

5.Monitoring and Evaluation: Monitor the effectiveness of the policies and procedures in place to prevent and address sexual harassment.

Functions Of The ICC

1. Receiving Complaints:

  • Establish a confidential and accessible process for individuals to file complaints of sexual harassment.
  • Provide guidance on the process and support to complainants in submitting their complaints.

2. Investigation:

  • Conduct a fair, thorough, and timely investigation into all complaints of sexual harassment.
  • Gather evidence, interview parties involved, and document findings meticulously.

3. Redressal:

  • Conduct a fair, thorough, and timely investigation into all complaints of sexual harassment.
  • Gather evidence, interview parties involved, and document findings meticulously.

4. Maintaining Confidentiality:

  • Ensure the confidentiality of the complainant, the respondent, and the details of the complaint throughout the investigation and resolution process.

5. Awareness Programs:

  • Organize workshops, seminars, and training sessions to educate the college community about sexual harassment, its consequences, and prevention strategies.
  • Disseminate information on the rights and responsibilities of students, faculty, and staff under the POSH Act.

6. Policy Development and Review:

  • Develop, review, and update the college's sexual harassment policy in alignment with legal requirements and best practices.
  • Make recommendations to the college administration for policy improvements.

7. Support Services:

  • Provide or facilitate access to counseling, legal support, and other necessary services for complainants.
  • Ensure that complainants are not subjected to retaliation or further harassment.

8. Record Keeping:

  • Maintain detailed records of complaints, investigations, and resolutions in a secure and confidential manner.
  • Prepare and submit annual reports to the college administration and relevant authorities, as required by law.

9. Advisory Role:

  • Advise the college administration on the creation of a gender-sensitive environment and preventive measures against sexual harassment.
  • Provide recommendations for improving campus safety and inclusivity.

10. Collaboration and Networking:

  • Collaborate with external experts, NGOs, and legal authorities to enhance the effectiveness of the ICC’s work.
  • Stay updated on the latest developments, best practices, and legal provisions related to sexual harassment prevention and redressal.

11. Monitoring Compliance:

  • Ensure that the college complies with the provisions of the POSH Act and UGC regulations.
  • Monitor the implementation of ICC recommendations and the overall effectiveness of the harassment prevention framework.

By fulfilling these roles and functions, the ICC aims to create a safe and supportive campus environment where all individuals can pursue their academic and professional goals without fear of harassment or discrimination.

Policies Of The Internal Complaints Committee (ICC) Of College

1. Anti-Sexual Harassment Policy:

Scope and Coverage:

  • This policy applies to all students, faculty, non-teaching staff, and any other persons associated with the college.
  • It covers incidents occurring within the college premises, during college-related activities off-campus, and any form of online harassment involving members of the college community.

Definition of Sexual Harassment:

  • The policy defines sexual harassment in accordance with the POSH Act, including physical contact, advances, demands for sexual favors, sexually colored remarks, showing pornography, and other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.

Prohibited Conduct:

  • Explicitly prohibits all forms of sexual harassment and related retaliatory behavior against complainants or witnesses.

2. Complaint Redressal Policy:

Filing a Complaint:

  • Provides a detailed procedure for filing a complaint, including how to submit a written complaint, the information required, and the timelines involved.
  • Ensures multiple channels for reporting, including in-person, via email, or through an online portal.

Confidentiality:

  • Ensures the confidentiality of the complainant, the respondent, and the details of the complaint.
  • Stipulates measures to protect the identity and privacy of all parties involved.

Investigation Procedure:

  • Outlines the steps for investigating complaints, including the formation of an inquiry committee, timelines for investigation, and the rights of both the complainant and the respondent.
  • Ensures that the inquiry is conducted fairly, impartially, and promptly.

3. Support and Protection Policy:

Support Services:

  • Provides access to counseling, medical assistance, and legal support for complainants.
  • Offers academic accommodations and other necessary support to help complainants continue their education without disruption.

Protection Against Retaliation:

  • Ensures that complainants, witnesses, and ICC members are protected from retaliation or any adverse consequences resulting from the filing or involvement in a complaint.

4. Awareness and Training Policy:

Awareness Programs:

  • Mandates regular awareness programs, workshops, and seminars for students, faculty, and staff to educate them about sexual harassment, their rights, and the college’s policies.
  • Disseminates information through various channels, including posters, brochures, and the college website.

Training for ICC Members:

  • Requires specialized training for ICC members on handling complaints, conducting inquiries, and understanding the legal framework and best practices for preventing sexual harassment.

5. Monitoring and Evaluation Policy:

Annual Reports:

  • Requires the ICC to prepare and submit annual reports detailing the number of complaints received, the nature of complaints, outcomes, and any measures taken.
  • Reports are submitted to the college administration and relevant authorities as mandated by the POSH Act.

Policy Review:

  • Establishes a mechanism for regular review and updating of the sexual harassment policy and related procedures.
  • Incorporates feedback from the college community and aligns with changes in legal requirements or best practices.

6. Disciplinary Action Policy:

Consequences for Misconduct:

  • Details the range of disciplinary actions that may be taken against individuals found guilty of sexual harassment, including warnings, suspension, termination, and other appropriate measures.
  • Ensures that disciplinary actions are proportionate to the severity of the offense and serve as a deterrent.

False Complaints:

  • Addresses the issue of false complaints, outlining the consequences for intentionally filing frivolous or malicious complaints without discouraging genuine complainants from coming forward.
  •  

Zero Tolerance Policy:

  • Strict Enforcement: Enforce a zero-tolerance policy towards sexual harassment and ensure swift and appropriate action against perpetrators.
  • Policy Clarity: Ensure that the zero-tolerance policy is clearly communicated and understood by all members of the institution.
  • These guidelines by the UGC are designed to ensure that higher education institutions have a robust mechanism to prevent and address sexual harassment, thereby fostering a safe and inclusive educational environment.

By adhering to these policies, the ICC ensures a comprehensive, transparent, and effective approach to preventing and addressing sexual harassment, thereby fostering a safe and respectful environment for all members of the college community.

Grievance Form