Employment Law Newsletter – Ensuring Safe Campuses: POSH and Sexual Harassment Compliance in Higher Education Institutions

Introduction:

Sexual harassment, in any form, directly violates the right to dignity, equality, and safety of any person—fundamental principles that should define all educational spaces. In recognition of this need, the Government of India enacted the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”).

In Higher Education Institutions (HEI), where students and employees are encouraged to express, explore, and engage- ensuring a harassment-free environment is not only a legal obligation but a moral imperative. In consonance, the University Grants Commission (UGC), in issued the UGC (Prevention, Prohibition and Redressal of Sexual Harassment of Women Employees and Students in Higher Educational Institutions) Regulations, 2015 (“UGC Regulations”), making POSH compliance mandatory across all universities and colleges.

The UGC Regulations mandate every HEI to adopt a zero-tolerance policy to sexual harassment, constitute an Internal Committee (IC) with specified composition, follow a time-bound complaint and inquiry process, provide interim protective measures, impose punishments and compensation, and file annual reports to UGC, with serious regulatory consequences for non-compliance. The POSH Act sets the national framework, while the UGC Regulations tailor and tighten POSH implementation for HEIs, requiring them to align their rules and practices with both frameworks.

The UGC Regulations aren’t optional-they are binding. These Regulations operate alongside and in addition to the POSH Act, 2013 which is a general, pan-sector statute and acts as a genesis to these regulations. Non-compliance to UGC Regulations can lead to penalties, including withdrawal of UGC grants and reputational damage.

Scope and Key Provisions Laid Down in UGC Regulations:

1. Application: The Regulations “apply to women employees and students of all higher educational institutions in India”. “Higher Educational Institution” includes universities, colleges, and deemed universities under the University Grants Commission Act, 1956.

2. Nexus to POSH Act: The term “Act” as used in the UGC regulations mainly refer to the POSH Act. Key definitions (e.g., employee) also draw upon the POSH Act.

3. Few Key definitions tailored for HEIs: –

i. Under the UGC regulations, “Sexual harassment” includes unwelcome physical, verbal, or non-verbal conduct, requests for sexual favours, sexually coloured remarks, physical contact and advances, and showing pornography; it also covers hostile environment and quid pro quo situations.

ii. “Student” includes those admitted or in the process of admission and participants in activities at an HEI even if enrolled elsewhere, thereby expanding coverage of visiting or prospective students.

iii. “Workplace” for campuses is defined broadly, covering campus facilities, extended campus, field trips, internships, study tours, transportation provided by the HEI, and venues for sports or cultural events.

4. Internal Committee (IC) under UGC Regulations:

a) Constitution and composition: –

i. Presiding Officer: Senior woman faculty (Professor in a university; Associate Professor/Reader in a college) or, if unavailable, from another unit/department/workplace as per cascading provisos.

ii. Members:

– Two faculty and two non-teaching employees (experience in social work/legal knowledge preferred);

– One external NGO or expert member; and

– Three student members (UG, PG, research scholar)- if the matter involves students, elected transparently.

iii. Quorum: At least half the IC must be women. The UGC Regulations emphasise on the exclusion of senior administrators (VC, PVC, Registrar, Deans, HoDs) to ensure autonomy.

b) Term: Three years with an option for one-third rotation annually. External member fees/allowances payable by the Executive Authority. Removal grounds include breach of confidentiality, criminal conviction, disciplinary findings, or abuse of position.

c) Responsibilities: The IC of the HEI should:

i. assist in filing police complaints if chosen;

ii. provide dispute-resolution/conciliation without undermining rights (no monetary settlement);

iii. protect complainant identity;

iv. ensure non-retaliation and prevent victimization; facilitate mandatory relief such as sanctioned leave, attendance relaxation, transfer of complainant or offender.

d) Complaint and Inquiry Process under UGC Regulations

i. Process alignment: IC must follow the procedure “prescribed in these Regulations and the Act” in a time-bound manner; HEI must provide facilities to ensure expeditious, private inquiries.

ii. Conciliation: Permitted at the complainant’s request; monetary settlements are prohibited; resolution to the complainant’s satisfaction preferred where possible.

iii. Confidentiality: Identities of aggrieved, witnesses, and respondent shall not be public during inquiry.

iv. Interim measures: Transfer of parties; up to three months’ leave with full status/benefits; restrain respondent from evaluating work/exams; campus entry restrictions; steps to prevent retaliation and ensure safety.

v. Punishments and compensation:

Employees:

– Punishment per service rules;

– treat sexual harassment as misconduct.

– Impose disciplinary penalties including termination

Students:

– Withhold privileges;

– suspend or restrict campus entry;

– expel/strike off name;

– reformative measures like mandatory counselling or community service.

Compensation to aggrieved person based on:

– trauma,

– loss of opportunity,

– medical expenses,

– income/status of parties, and

– feasibility of lump sum/instalments;

– Compensation can be recovered from offender.

vi. False/malicious complaints: Action against complainants only if malicious intent is established after inquiry; inability to substantiate is not by itself punishable.

Institutional Responsibilities under UGC Regulations:

 

1. Zero tolerance and policy integration: HEIs must publicly commit to zero tolerance, modify ordinances and rules to align with the Regulations, disseminate policies and complaint procedures widely, and include penalties and mechanisms in the prospectus and notice boards.

2. Training, sensitization, and infrastructure: Mandatory orientation/workshops for officers, faculty, and students; regular IC training; gender sensitization; counselling services; campus safety measures (lighting, transport, gender-sensitive security and health facilities); and revival/funding of Women’s Development Cells.

3. Timelines and reporting: Ensure appointment of IC within 60 days of publication; monitor timely submission of IC reports; prepare annual status reports (number of cases and disposal) and submit to UGC.

4. Consequences of non-compliance: UGC may take actions including withdrawal of grants eligibility (Section 12B), delisting, withholding grants, ineligibility for UGC assistance, public notice of non-compliance, recommending withdrawal of affiliation or university status to the relevant government—after due notice.

Key Distinctions with POSH Act and Sector-Specific Additions by UGC Regulations:

 

1. Coverage of students and campus “workplace”: UGC Regulations extends the protected class to prospective/admitted students and visiting participants, and defines “workplace” to include extended campus, field trips, study tours, and transport provided by HEIs—operationalizing POSH’s principles in academic contexts.

2. IC composition differences: UGC Regulations mandates student representation (UG/PG/research scholar) on IC when the matter involves students and excludes top administrators (VC, Registrar, Deans, HoDs) to protect IC autonomy. Such features are not detailed in the general POSH text.

3. Sanctions for non-compliance: POSH Act imposes fines on employers and envisages government oversight. UGC Regulations, in addition, empower regulatory sanctions unique to the higher education sector (withdrawal of 12B status, delisting, grant withholdings, and recommendations to withdraw affiliation/university status).

4. Detailed supportive measures: UGC Regulations prescribes gender-sensitive health facilities, counselling, campus safety infrastructure, transport, security sensitization, and revival of Women’s Development Cells as part of compliance—granularity beyond the POSH Act’s general duties.

5. Reporting line to UGC: UGC requires annual status reports to the Commission, enabling sectoral monitoring beyond POSH’s district-level reporting continuum.

Best Practices for Effective POSH Compliance in HEIs

While the law provides the skeleton, real change happens through institutional commitment. Here are some best practices that progressive HEIs follow:

1. Online POSH portals for anonymous and safe reporting

2. Regular IC audits to ensure impartiality and effectiveness

3. Exit interviews that ask about safety and harassment experiences

4. Student-led gender equity groups that work with administration

5. Visible support structures like counselling services, legal aid, and emergency helplines

Institutions that go beyond compliance and aim for culture change often see higher trust and engagement from their campus community.

Conclusion:

Supreme Court jurisprudence underscores that universities and colleges are under heightened scrutiny to implement these standards effectively and sensitively. Accordingly, for HEIs, compliance must be structured on two pillars:

1. the POSH Act’s general statutory framework and

2. the UGC Regulations’ sector-specific mandates.

3. HEIs should:

i. constitute ICs per UGC composition rules (including student members where applicable and excluding top administrators),

ii. adopt and publicize a zero-tolerance policy and complaint procedures,

iii. ensure training, campus safety infrastructure, counselling, and protective interim measures,

iv. conduct fair, time-bound inquiries with confidentiality and non-retaliation safeguards,

v. impose appropriate disciplinary measures and compensation

vi. file annual status reports to UGC, and

vii. ensure ongoing compliance to avoid regulatory sanctions.