ORDINANCEXV-D SEXUALHARASSMENT

ShortTitleExtent:

The present Ordinance is based on the policy against Sexual Harassment by the Delhi University and seeks to maintain and create an academic and work environment free of sexual harassment for students,academic and non-teaching staff of the Delhi University.The Ordinance will also apply to outsider sand residents on the Delhi University campus to the extent specified here in these rules and procedures.

Definition:

• Students'includes regular students as well as currentex-students of Delhi University.
• Teaching Staff includes any person on the staff of the Delhi University or of any college or institution affiliated to it,who is appointed to a teaching and/or research post,whether fulltime,temporary,ad-hoc,part-time,visiting,honorary or on special duty or deputation and shall also include employees employed on a casual or project basis.
• 'Non-Teaching Staff includes any person on the staff of the Delhi University or of any college or institution affiliated to it,who is not included in the teaching-staff.It includes employees who are full-time,temporary,ad-hoc,part-time,visiting,honorary or on special duty or deputation and employees employed on a casual or project basis.
• 'Member of the University'includes all those included in categories(i)-(iii)above.
• 'Resident' includes any person who is at temporary or permanent resident of any of the accommodations or premises allotted to an employee by the University of Delhi or by any of it saffiliated colleges or institutions.
• 'Outsider' includes any person who is not a member of the University or a resident.It also includes,but is not limited to any private person offering residential,food and other facilities to students,teaching staff or non teaching staff of the Delhi University or any college or institution of Delhi University.
• 'Campus' includes all places of works and residence in the Delhi University or any college or institution affiliated to the Delhi University.It includes all places of instruction, research and administration, as well as hostel,healthcentres,sports grounds ,staff quarters and public places(including shopping centres,eating places,parks,streetsandlanes)on the Delhi University campus or the campus of any college or institution affiliated to the Delhi University.
• 'Sexual-Harassment' includes any unwelcome sexually determined behaviour,whether directly or by implication and includes physical contact and advances,ademandor request for sexual favours,sexually coloured remarks,showing pornography or any other unwelcome physical, verbalornon-
1. When submission to unwelcome sexual advances,request for sexual favours and verbalor physical conduct of a sexual nature are made,either implicitly or explicitly,aground for any decision relating to employment,academic performance,extra-curricular activities, orentitlement to service or opportunities at the Delhi University.
2. When unwelcome sexual advances and verbal,non-verbal and/or physical conduct such as loaded comments,remarks or jokes,letters,phone calls or e-mail,gestures,exhibition pornography,luridstares,physical contact,sounds or display of derogatory nature have the purpose and/or effect of interfering with an individual's performance or of creating anintimidating,hostile,or off ensive environment.
3. When a person uses,with as sexual purpose,the body or any part of it or any object as an extension of the body in relating to another person without the latter's consent or against the person' s will,such conduct will amount to sexual assault.
4. When depreciatory comments, conduct or any such behaviour is based on the gender identity /sexual or ientation of the personand /or when the classroom or other public forum of the University is used to denigrate/discriminate against a hostile environment on the basis of a person's genderidentity/sexual orientation.

Scope of The Ordinance:

This Ordinance shall be applicable to all complaints of sexual sharassment made:

• By a member of the University against any other member of the University irrespective of whether the harassments alleged to have taken place with in or outside the campus.
• By are sident against a member of the University or by a member against are sident irrespective of whether the sexual harassment is alleged to have taken place with in or outside the campus.
• By an outsider against a member of the University or by a member of the University against an outsider if the sexual harassment is all eged to have taken place with in the campus.
• By a member of the University, against an outsider if the sexual harassment is all eged to have taken place outside the campus.In such cases,the Committee shall recommend that the University/College authorities initiateaction by making a complaint with the appropriate authority.Further the Committee will actively assist and provide available resources to the complainant in pursuing the complaint.

Complaint Mechanism

Implementation of the University policy against sexual harassment shall be achieved through:

.

• The Apex Complaints Committee,which shall be an apex regulatory and appellate body of the University of Delhi for redressal and resolution of complaints.
• UniversityUnitsComplaintsCommittees,whichshallbesetupinclustersofUniversity Departments/Centresascomplaintsandredressalbodies.
• Internal complaints committee, which shall be set up in each College of the University of Delhi as complaints and redressal bodies.
• Central Pool Complaints Committees,which shall be complaints and redressal bodies(one each for the Northand South Campuses)for those units that are not affiliated to any College/Department/Institution and have not been included in either CCC of UUCC.

Redressal

• UUCC/CCC/CPCC/ACC mayask the College /University to suspend the alleged harasser from an administrative post/classifhis/her presence is likely to interfere with the enquiry.
• The victim of sexual harassment shall have the option to seek transfer of the perpetrator or her/his own transfer where applicable.
• Not with standing the contents of any other Ordinance relating to service conditions etc,the head of the Institution upon receipt of the enquiry report,shall refer the same to the Governing Body/Executive Council(EC)and take disciplinary actionon the basis of recommendations of the Complaint Committee, provided that in t he case oftermination of service the existing rules of the University will alsobe forwarded.
• The disciplinary action shall be commen surate with the nature of the violation.

A. InthecaseofUniversity/Collegeemployees;Disciplinary actionmaybein theformof:

Warning	Denial of membership of statutory bodies
Written apology	Denial of re-employment
Bond of good behaviour	Stopping of increments/ promotion
Adverse remarks in the Confidential Report	Suspension
Debarring from supervisory positions	Dismissal
Debarring from supervisory positions	Anyother relevant mechanism.

B. Incaseofstudent,disciplinaryactionmaybeintheformof:

Warning	Debarring from holding posts
Written apology	Expulsion
Bond of good behaviour	Denial of admission
Debarring entry in to a hostel	Declaring the harassed as'person an on grata'for astipulated period of time
Suspension for aspecified period	Any other relevant mechanism of time
With holding results	Debarring from exams.
Debarring from contest in gelections

C.In the case of third party harassment the University /College authorities shall initiate action by making a complaint with the appropriate authority. The composition of the Committees, mode of election/nomination powers,duties and procedure to be followed is out lined in the appendix to OrdinanceXV-Dinthe University Book letentitled'Policy on Sexual Harassment which will be read a spartandparcel of Ordinance XV-D.