In a school being run by the company for the wards of its employees, a minor student has lodged a complaint under POSH against a teacher. What are the options available before the management in a normal situation where there is no question mark on the veracity of the complaint and in a situation where the veracity of the complaint is doubtful and it seems that someone is using the student to malign the image of the teacher to settle personal scores? What are the possible actions against a minor student in scenario (ii)? Is it mandatory for the school management to forward the complaint to the police before the investigation?
From India, Delhi
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20From India, Delhi
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Options for School Management in Handling POSH Complaints Against a Teacher by a Minor Student
When faced with a complaint of sexual harassment under the Prevention of Sexual Harassment (POSH) Act by a minor student against a teacher, the school management must tread carefully to ensure a fair and just resolution. Here are the possible actions based on the circumstances:
i) Situation with No Doubts on Complaint's Veracity:
- Conduct a prompt and unbiased investigation into the complaint following the POSH guidelines and principles of natural justice.
- Provide necessary support to the student, ensuring confidentiality is maintained throughout the process.
- If the complaint is substantiated, take appropriate disciplinary action against the teacher as per the POSH Act and company policies.
- Implement corrective measures to prevent future occurrences of harassment and create a safe environment for all students.
ii) Situation with Doubts on Complaint's Veracity:
- Approach the investigation with sensitivity and impartiality, considering the possibility of ulterior motives behind the complaint.
- Verify the facts diligently without bias towards either party, keeping the best interests of the student and teacher in mind.
- If it appears that the complaint is malicious and intended to harm the teacher's reputation, address the issue discreetly to avoid further harm.
- Depending on the severity of the situation, consider counseling or disciplinary measures for the student involved, ensuring fairness and adherence to school policies.
Regarding Involvement of Police:
- It is not mandatory for the school management to directly involve the police before conducting an internal investigation into the complaint.
- However, if the complaint involves criminal offenses or poses a serious threat to the safety of individuals, the management may choose to involve the police for legal intervention and guidance.
In all situations, the school management should prioritize the well-being and safety of the students while upholding the principles of natural justice and adhering to the legal requirements of the POSH Act.
https://www.the-laws.com/Encyclopedi...d=505102000000
From India, Gurugram
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When faced with a complaint of sexual harassment under the Prevention of Sexual Harassment (POSH) Act by a minor student against a teacher, the school management must tread carefully to ensure a fair and just resolution. Here are the possible actions based on the circumstances:
i) Situation with No Doubts on Complaint's Veracity:
- Conduct a prompt and unbiased investigation into the complaint following the POSH guidelines and principles of natural justice.
- Provide necessary support to the student, ensuring confidentiality is maintained throughout the process.
- If the complaint is substantiated, take appropriate disciplinary action against the teacher as per the POSH Act and company policies.
- Implement corrective measures to prevent future occurrences of harassment and create a safe environment for all students.
ii) Situation with Doubts on Complaint's Veracity:
- Approach the investigation with sensitivity and impartiality, considering the possibility of ulterior motives behind the complaint.
- Verify the facts diligently without bias towards either party, keeping the best interests of the student and teacher in mind.
- If it appears that the complaint is malicious and intended to harm the teacher's reputation, address the issue discreetly to avoid further harm.
- Depending on the severity of the situation, consider counseling or disciplinary measures for the student involved, ensuring fairness and adherence to school policies.
Regarding Involvement of Police:
- It is not mandatory for the school management to directly involve the police before conducting an internal investigation into the complaint.
- However, if the complaint involves criminal offenses or poses a serious threat to the safety of individuals, the management may choose to involve the police for legal intervention and guidance.
In all situations, the school management should prioritize the well-being and safety of the students while upholding the principles of natural justice and adhering to the legal requirements of the POSH Act.
https://www.the-laws.com/Encyclopedi...d=505102000000
From India, Gurugram
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