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Syllabus

Executive Certification in Sexual Harassment Prevention and Workplace Diversity


MODULE I: Understanding sexual harassment in an organisational context

  • Psychology of sexual harassment and participation of women in the workplace.
  • History of fight against sexual harassment in India
  • Vishakha Guidelines and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 – comparison of compliance requirements and responsibility levels of employers and organizations
  • Role of employer in prevention of sexual harassment and employer's responsibilities under-sexual harassment prevention laws
  • Key roadblocks for organisations in implementation of 2013 Act
  • Relevance of the act for employees, committee members, HR personnel, in-house lawyers, accountants and secretaries
  • Role and tasks of a Sexual Harassment Prevention and Workplace Diversity Expert

MODULE II: Overview of Other compliance requirements and employer's duties under anti-sexual harassment law

  • Fulfilling the mandatory duties of employees under Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
  • Fulfilling the mandatory duties of employees under Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
  • Providing necessary facilities to the member of ICC
  • Preparation of annual reports
  • Communication and training for employees
  • Modifying employment agreements and policy in light of anti-sexual harassment law
  • Sample notices for display in organizational premises
  • Reporting and other compliances
  • Other statutory requirements
  • Consequences of violation of obligations
  • Non-constitution of ICC
  • Non-implementation the decision of the ICC
  • Reputation hazards for businesses in connection with sexual harassment laws
  • Risk mitigation of employers’ liabilities – D&O and Employment Practices Liability Insurance
  • Anti-sexual harassment audits
  • Necessity and objective of a sexual harassment audit
  • Professionals and officers involved in an audit and their roles
  • Reporting and information collection systems for audit
  • Components of an audit
  • Identification of relevant scenarios where sexual harassment at work may arise
  • Interviews with employees and management to understand past instances of sexual harassment cases
  • Evaluation of existing sexual harassment redressal mechanisms in the organisation
  • Understanding management stance on sexual harassment – is it consistent with the notion of the act
  • Methods for assessment of the skill-level of committee members
  • Checklists for conducting a compliance audit
  • How to write audit report
  • Suggested format for audit report

MODULE III: Creating and implementing an anti-sexual harassment policy & standard practices

  • Preparatory steps in implementation
      • Management and employee participation / inputs to identify the needs of the organization
      • Explaining reputational and other risks of non-compliance and onboarding relevant officers towards legal compliance and sensitization
      • Developing a uniform and consistent management stance on sexual harassment
      • Identifying risks and objectives of the organization
      • Drafting a need-based sexual-harassment prevention policy
      • Scope of a sexual harassment prevention policy and variations
      • Essential elements of a sexual harassment prevention policy
      • What constitutes Sexual harassment?
      • Is sexual harassment gender neutral?
      • Does the policy apply to situations not contemplated by the act
      • Complainant's rights and remedies available
      • Identifying whether the sexual harassment took place in the "workplace"
      • Checklist for drafting a custom-sexual harassment prevention policy
      • Drafting policies for specific cases and other related company policies
      • Implementation of a gender-neutral framework
      • Sexual harassment policies in schools and educational institutions
      • Sexual harassment policies for hospitals and medical institutions
      • Aligning other company policies to prevent sexual harassment
      • Dissemination and publicity of sexual harassment policy

MODULE IV: Sensitisation and training of employees

  • Knowledge components of a sensitization program - Any effective sensitization program for employees must have special information on the following topics:
    • What acts constitute sexual harassment?
    • What should you do in case you face sexual harassment? Steps for filing a complaint and reliefs.
    • Under which circumstances does the act accord protection to working women?
    • What should the defendant do in case of a complaint against him?
    • How to handle a complaint that is not genuine?
    • How should male and transgender employees deal with sexual harassment at workplace?
  • Implementation of workshops for sensitization
    • Planning a workshop
    • Simulation activities
    • How to communicate with the employees
    • Participative decision making at workshops
  • Modes of sensitisation - workshop, intranet or video-conferencing
  • Content generation for sensitization – case studies
  • Evaluation techniques and frequency
  • Provision of take-away information kit and
  • sample presentations

MODULE V: Setting up ICC capacity building programs (for ICCs)

  • Constitution of ICC
  • Establishing ICC and selection of members
  • Identifying suitable external member of the ICC
  • Terms of engagement with external members
  • Challenges in creation of ICC
  • How to conduct meetings and hearings
  • ICC’s compliance obligations under the act
  • Compliance obligations of ICCs
  • Record keeping obligations
  • Maintenance of confidentiality
  • Implementation monitoring – how to ensure the organization complies with ICC’s recommendations
  • Employer’s duties with respect to ICC
  • Developing handbook for ICC members
  • Interface between the employer and ICC
  • Independence of ICC
  • Role of different organisational actors in tackling sexual harassment
  • Pre-complaint employee counselling
  • Creating an effective complaints mechanism

MODULE VI: Decision-making process by the ICC
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  • Procedure and timelines for the ICC to decide a sexual harassment complaint
  • Filing complaint
  • Reply by the accused
  • Settlement
  • Interim measures and how to identify appropriate interim measures
  • Enquiry process
  • Recommendation
  • Natural justice principles
  • Decision-making process
  • Notice for hearing
  • Oral hearing
  • Presentation of evidence
  • Recording the deposition of witness
  • Examination and Cross-examination
  • Inquiry-related powers
  • Powers as a Civil Court
  • Cooperation of employer
  • How to enforce attendance, issue summons and attachment
  • Guidelines on quantifying penalties
  • How to evaluate evidence
  • Final reliefs, how to write orders and reports
  • How to handle frivolous complaints
  • Handling sexual harassment complaintsin government departments and public sector bodies

MODULE VII: Advanced topics in workplace diversity Gender Neutral Workplaces, Workplace Harassment and Ensuring Workplace Diversity

  • Framework for gender-neutral implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
  • Workplace discrimination and harassment - Indian law and standards in government and private enterprises
  • International standards, best practices and laws
  • Voluntary systems to protect employees from workplace harassment and discrimination
The Expert's Toolkit
  • Sample settlement agreement
  • Sample decision of the ICC
  • Sample interim-decision of the ICC
  • Sample anti-sexual harassment policy
  • Sample anti-sexual harassment notice at workplace
  • Sample clause prohibiting sexual harassment in employment contract
  • Sample Annual Report by the ICC
  • Sample notice to accused to attend an ICC proceeding
  • Sample notice to a witness to attend an ICC proceeding / produce documents
  • Daily order sheet
  • Minutes of hearings in first hearing
  • Record of examination of witnesses
  • Production of new evidence/witnesses
  • Compliance check list for employer organizations
  • Capacity building plan for the members of the ICC
  • Format for FIR
  • Checklist for filing an FIR
  • Declaration to minimise risk of false complaint
  • Draft complaint against sexual harassment
  • Sample notice to employer to comply with the Anti-Sexual harassment Act
  • Important Government notifications related to sexual harassment

Sign-up for prospectus and more information about the course!


Contact

The Coordinator,
Executive Certification in Sexual Harassment Prevention and Workplace Diversity,
WB National University of Juridical Sciences, Dr. Ambedkar Bhavan,
12 LB Block, Sector-III, Salt Lake,
Kolkata-700098