Prevention of Sexual Harassment (POSH) Policy

1. Policy statement

STEMSUP has a zero-tolerance approach to sexual harassment at the workplace. Everyone should be able to work, volunteer, take part in our activities and engage with STEMSUP in an environment that is safe, respectful and free from sexual harassment. This policy sets out how we prevent and prohibit it, how complaints are received and inquired into, how redress is given, and how people are protected from retaliation.

2. How this policy is built

• Part A (sections 3 to 15) applies the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and the Rules made under it (together, the "POSH Act"). Where this policy and the law differ, the law applies.
• Part B (section 16) is a voluntary STEMSUP commitment that protects people of every gender through a separate procedure.

The POSH Act's complaint mechanism protects an "aggrieved woman": a woman of any age, whether employed or not, who alleges that she has been sexually harassed by the respondent. It is not gender-neutral, and this policy does not say it is.

3. Who and what Part A covers

The Act defines an employee widely: regular, temporary, ad hoc and daily-wage workers, engaged directly or through a contractor, whether paid or not, or working on a voluntary basis, including co-workers, contract workers, probationers, trainees and apprentices. It defines a workplace to include any trust, society or non-governmental organisation carrying on educational or similar activity, and any place visited in the course of work, including transport provided by the employer.

Part A therefore covers:

• permanent and temporary employees, and contractual and outsourced workers;
• probationers, trainees and apprentices, and interns and volunteers (we will take legal advice on how the Act applies to each);
• women who take part in or visit STEMSUP's workplace;
• work-related travel, meetings, workshops, conferences and events;
• dealings with clients, institutional partners, suppliers and other third parties (an employer must provide safety from people who come into contact with the workplace); and
• work-related digital communications and virtual meetings. STEMSUP treats these as covered. Whether a particular online interaction is within the statutory "workplace" is a legal question decided case by case.

4. What sexual harassment means

The Act says sexual harassment includes any one or more of the following unwelcome acts or behaviour, whether directly or by implication:

• physical contact and advances;
• a demand or request for sexual favours;
• making sexually coloured remarks;
• showing pornography; or
• any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.

The following circumstances, among others, may amount to sexual harassment when they occur in connection with such conduct:

• an implied or explicit promise of preferential treatment in her employment;
• an implied or explicit threat of detrimental treatment in her employment;
• an implied or explicit threat about her present or future employment status;
• interference with her work, or creating an intimidating, offensive or hostile work environment for her; or
• humiliating treatment likely to affect her health or safety.

Examples (illustrations only, not a complete list): unwanted touching or blocking someone's way; repeated invitations after a refusal; comments about someone's body or clothes; sexual jokes; sexual messages, images or videos, including on WhatsApp; staring or following; pressure that links sexual favours to work benefits; and displaying sexual images. What matters is that the conduct is unwelcome to the person affected. Good intentions do not make unwelcome conduct acceptable.

5. Which committee receives a complaint

5.1 The Internal Committee. Where STEMSUP has ten or more workers at a workplace, the Act requires the employer to constitute an Internal Committee by an order in writing, at every office or administrative unit. It must have:

• a Presiding Officer who is a woman employed at a senior level (if none is available, one is nominated from another unit, or from another workplace of the same employer or another organisation);
• not fewer than two members from among employees, preferably committed to the cause of women or with social-work or legal experience;
• one external member from an NGO or association committed to the cause of women, or a person familiar with issues relating to sexual harassment; and
• at least one-half of all members must be women.

Members serve for a period of up to three years from nomination. A member must be removed if they breach confidentiality, are convicted of or face a pending inquiry into an offence, are found guilty in or face a pending disciplinary proceeding, or have abused their position.

Committee information. This section stays blank until the committee is formally constituted and the details are verified.

5.2 The Local Committee. The District Officer constitutes a Local Committee in each district. It receives complaints from workplaces where no Internal Committee exists because there are fewer than ten workers, and where the complaint is against the employer. The District Officer designates a nodal officer in each block, taluka, tehsil or ward to receive complaints and pass them to the Local Committee within seven days. To reach it, contact the District Officer (the District Collector's or District Magistrate's office, or the office designated for the district) for the district where the workplace is located. [Districts of STEMSUP's workplaces and their verified Local Committee details: to be completed]

5.3 Which route applies

6. Making a complaint

• A complaint must be in writing. If you cannot put it in writing, the Presiding Officer or any member of the committee must give you all reasonable help to do so.
• It must be made within three months of the incident, or of the last incident if there were several. The committee may extend this by up to three more months, for reasons it records in writing, if circumstances prevented you from complaining in time.
• If the aggrieved woman cannot complain because of physical or mental incapacity, or has died, her legal heir or another prescribed person may complain.
• Send it to the committee's confidential contact. Please do not send a sexual harassment complaint to a general enquiry form or to a general or marketing email address. The committee will tell you what documents it needs. The POSH Rules, 2013 set out the procedure.
• The Government of India's SHe-Box portal (shebox.wcd.gov.in) offers an online route for workplace complaints. Check how it applies to your situation.
• You may also go to the police. Using this policy does not stop you.

7. Conciliation

Before starting an inquiry, and only at the request of the aggrieved woman, the committee may try to settle the matter between her and the respondent through conciliation. No monetary settlement may be made the basis of conciliation. A settlement is recorded and sent to the employer to act on, and copies go to both parties. If a settlement is reached, no further inquiry is made, but if its terms are not complied with, the committee will inquire into the complaint.

8. Inquiry and interim relief

• Where the respondent is an employee, the committee inquires under the service rules that apply to the respondent, or where there are none, in the manner the Rules prescribe.
• It acts fairly and impartially. Both parties are heard and each is given a copy of the findings, so that they can make a representation against them.
• It has the powers of a civil court to summon and examine people on oath, and to require documents.
• The inquiry must be completed within 90 days.
• During the inquiry, on the aggrieved woman's written request, the committee may recommend that the employer transfer her or the respondent to another workplace, grant her up to three months' leave in addition to her normal entitlement, or grant other prescribed relief. The employer must act on this and report back to the committee.

9. Findings, action and appeal

• The committee gives its report to the employer, or the District Officer, within 10 days of completing the inquiry, and the report is made available to both parties.
• If the allegation is not proved, it recommends that no action be taken.
• If it is proved, it recommends action for sexual harassment as misconduct under the applicable service rules (or as prescribed), and that a sum be paid to the aggrieved woman, by deduction from the respondent's pay or by direct payment. The amount takes into account the mental trauma and distress, loss of career opportunity, medical expenses, the respondent's income and financial status, and whether payment can be made in a lump sum or in instalments.
• The employer must act on the recommendation within 60 days.
• Anyone aggrieved by a recommendation, or by its non-implementation, may appeal within 90 days, to the court or tribunal under the applicable service rules or in the prescribed manner.

10. False or malicious complaints

If the committee concludes that a complaint was malicious, or that a complainant knowingly made a false complaint or produced forged or misleading documents, it may recommend action against that person. Failing to prove a complaint, or to provide enough proof, is not enough on its own, and malicious intent must first be established by an inquiry in the prescribed manner. The same applies to a witness who gives false evidence.

11. Confidentiality and protection against retaliation

The contents of a complaint, the identities and addresses of the aggrieved woman, the respondent and witnesses, information about conciliation and inquiry, the committee's recommendations and the action taken must not be published or made known to the public, press or media, even under the Right to Information Act. Information about justice secured may be shared only if it does not identify the aggrieved woman or witnesses. Anyone handling a complaint who breaches this is liable to penalty under the applicable rules.

STEMSUP will not tolerate retaliation, intimidation or victimisation of anyone who raises a concern, supports a complaint or takes part in an inquiry. It is misconduct. Personal information will also be handled as our Privacy Policy and the law require.

12. STEMSUP's responsibilities as employer

STEMSUP, through its Board of Directors, will:

• provide a safe working environment, including safety from people who come into contact with the workplace;
• display, in a conspicuous place in the workplace, the penal consequences of sexual harassment and the order constituting the Internal Committee;
• hold awareness workshops at regular intervals, and orientation for committee members;
• give the committee the facilities it needs to deal with a complaint and hold an inquiry;
• help secure the attendance of the respondent and witnesses, and give the committee any information it requires;
• help a woman who chooses to file a criminal complaint, and start action against the perpetrator where the law allows or she wishes;
• treat sexual harassment as misconduct and act on it; and
• monitor that the committee submits its reports on time.

13. Awareness and training

STEMSUP will arrange regular awareness for staff, managers, interns, volunteers and others, covering unacceptable conduct, how to report, the committee's role, confidentiality and non-retaliation, and respectful conduct on travel, at events and online. Committee members will receive orientation. This policy does not claim that any training has taken place. STEMSUP will keep records of what is delivered.

14. Annual report, records and registration

The committee prepares a report each calendar year in the prescribed form and sends it to the employer and the District Officer. STEMSUP will include the number of cases filed and their disposal in its own annual report, or tell the District Officer if it does not prepare one. The report covers, as the Rules prescribe, the complaints received, those disposed of, those pending beyond 90 days, awareness programmes held and the action taken. We will publish only what the law allows and never anything that could identify a complainant or reveal inquiry details.

Several state and district authorities now direct employers to register their Internal Committee on the SHe-Box portal. STEMSUP will check and follow the direction that applies to its district. Failure to constitute a committee or to act as the Act requires can lead to a fine of up to ₹50,000, and to greater penalties for a repeat offence.

15. Complaints against the employer

A complaint against the employer, meaning the person, board or committee responsible for managing the workplace and setting its policies, goes to the Local Committee. It must never be sent to the employer or to the person the complaint is about. A complaint about a director must not be passed to the Board or its Chair.

16. Part B: wider protection for people of every gender (voluntary)

STEMSUP does not tolerate sexual misconduct towards anyone, of any gender, including men and transgender and non-binary people. Anyone who experiences it at work, or in connection with work, can raise a concern with [designated person or panel for this procedure: to be established and recorded here]. We will take it seriously, assess it fairly, hear those involved, protect against retaliation and take proportionate action.

This is a voluntary STEMSUP procedure. It does not carry the statutory powers, timelines or protections of the POSH Act, and it does not limit anyone's legal remedies under other laws, including criminal law.

17. How this policy fits with others

This policy complements, and does not replace, the Child Safeguarding Policy, the Equality and Non-Discrimination Policy, the Diversity, Equity, Inclusion and Accessibility Policy, applicable employment and disciplinary policies, grievance procedures and mandatory legal reporting duties. The POSH Act is in addition to, and does not limit, any other law.

If a child is affected, or there is abuse, exploitation or immediate risk to a child, also follow the Child Safeguarding Policy. Anyone who knows of, or fears, a sexual offence against a child is legally required to report it to the police or the Special Juvenile Police Unit. In an emergency call 112, or Childline on 1098.

18. Adoption, version and review

This policy takes effect when approved by the Board of Directors. We will record the version, effective date and next review date here, and review it at least once a year and whenever the law changes. Version: 0.1 draft. Approved by and on: [to be completed]

19. Contacts