ICC-COMPLAINT-PROCESS – Dav College Cheeka

ICC COMPLAINT PROCESS

Introduction

Filing a complaint with the Internal Complaints Committee (ICC) under the PoSH Act involves a structured, confidential process for addressing workplace sexual harassment.

1. Filing the Complaint

Time Limit: You must submit a written complaint within 3 months of the incident. If it is a series of incidents, the 3 months count from the last date of the occurrence.
Format: Provide a formal complaint in writing (hard copy or email) detailing the events, dates, and names of any witnesses. If an aggrieved person cannot write due to physical or mental incapacity, the ICC member must assist them.

2. Notice to the Respondent

Response Window: Within 7 working days of receiving the complaint, the ICC gives a copy of it to the respondent (the accused person).
Reply: The respondent has 10 working days to submit a written response along with their list of supporting documents and witnesses.

3. Conciliation (Optional)

Settlement: Before starting a formal inquiry, the complainant can ask the ICC to settle the matter through conciliation.
Restriction: Monetary settlements cannot be used as a term for conciliation. If an agreement is reached, the ICC records it and no further inquiry is held.

4. Formal Inquiry Process

Hearings: If no conciliation is requested, the ICC conducts fair hearings. Both parties are examined separately, and witness statements or physical evidence are reviewed. Legal practitioners are not allowed to represent either party during the hearings.
Timeline: The inquiry must be completed within 90 days from the date the complaint was first received.

5. Report and Action

Submission: Within 10 days of finishing the inquiry, the ICC submits its final written report and recommendations to the employer or institution management.
Action: If the allegations are proved, the employer must implement the ICC’s recommended disciplinary actions (such as a written apology, warning, salary deduction, or termination) within 60 days.