Page 989 - Compendium of UGC Regulations 1957-2023
P. 989

Regulations pertaining to Student’s Grievance Redressal, Promotion of Equity, Anti-Ragging Measures, and
                  Prevention of Sexual Harassment etc.:

                       (3)  The aggrieved person is entitled to the payment of compensation. The HEI shall issue
                             direction for payment of the compensation recommended by the ICC and accepted by
                             the Executive Authority, which shall be recovered from the offender. The compensation
                             payable shall be determined on the basis of-

                             (a)  mental trauma, pain, suffering and distress caused to the aggrieved person;
                             (b)  the loss of career opportunity due to the incident of sexual harassment;

                             (c)  the medical expenses incurred by the victim for physical, psychiatric treatment;
                             (d)  the income and status of the alleged perpetrator and victim; and
                             (e)  the feasibility of such payment in lump sum or in instalments.
                  11. Action  against  frivolous  complaint.  -To ensure  that  the  provisions  for the  protection  of
                       employees and students from sexual harassment do not get misused, provisions against false
                       or malicious complaints have to be made and publicised within all HEIs. If the ICC concludes
                       that the allegations made were false, malicious or the complaint was made knowing it to
                       be untrue, or forged or misleading information has been provided during the inquiry, the
                       complainant shall be liable to be punished as per the provisions of sub- regulations (1) of
                       regulations 10, if the complainant happens to be an employee and as per sub-regulation (2)
                       of that regulation, if the complainant happens to be a student. However, the mere inability
                       to substantiate a complaint or provide adequate proof will not attract attention against the
                       complainant. Malicious intent on the part of the complainant shall not be established without
                       an  inquiry,  in  accordance  with  the  procedure  prescribed,  conducted  before  any  action  is
                       recommended.
                       12.  Consequences  of non-compliance.  -(1)  The  Commission  shall,  in respect  of any
                             institution that will fully contravenes or repeatedly fails to comply with the obligations
                             and duties laid out for the prevention, prohibition and redressal of sexual harassment of
                             employees and students, take one or more of the following actions after providing due
                             notice: -

                             (a)  withdrawal of declaration of fitness to receive grants under section 12B of the
                                  University Grants Commission Act, 1956.
                             (b)  removing the name of the university or college from the list maintained by the
                                  Commission under clause (f) of section 2 of said Act, 1956;
                             (c)   withholding any grant allocated to the institution;
                             (d)   declaring the institution ineligible for consideration for any assistance under any
                                  of the general or special assistance programmes of the Commission;

                             (e)   informing the general public, including potential candidates for employment
                                  or admission, through a notice displayed prominently in the newspapers or
                                  other suitable media and posted on the website of the Commission, declaring
                                  that the institution does not provide for a zero tolerance policy against sexual
                                  harassment;
                             (f)   recommending the affiliating university for withdrawal of affiliation, in case of
                                  a college; recommending the Central Government for withdrawal of declaration
                                  as an institution deemed to be university, in case of an institution deemed to be
                                  university;
                             (h)   recommending  the appropriate State Government for withdrawal of status as
                                  university in case of a university established or incorporated under a State Act.

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