'Never Prevented Students From Discussing Issues Of Sexual Harassment' : NLSIU Responds To Alumni's Open Letter

The administration of the National Law School of India University (NLSIU) has issued a statement in response to the open letter released by the alumni condemning the university administration for initiating disciplinary proceedings against two female student facilitators appointed under its Code to Combat Sexual Harassment (SHARIC) for narrating a survivor's experience of sexual harassment by a current student of NLSIU.

According to the alumni letter, the narration of the incident of sexual harassment took place over email, as well as on a private Facebook group with students from the University pursuant to a request made by the survivor in question. The facilitators shared details regarding this instance of sexual harassment upon being requested to do so by the survivor in question. As this survivor was not a student at NLSIU, she was unable to share details regarding the instance of sexual harassment on these platforms, herself.

Pursuant to a complaint lodged against the student facilitators, disciplinary proceedings were initiated against them by the university administration. The student facilitators were directed them to either publicly apologize or pay a significant sum as fine. The students chose not to apologize, given that it would set precedent and make it even more difficult for survivors in the future to feel safe in sharing their stories. They were, therefore, made to pay the fine and were removed from all positions of responsibility.

The open letter issued by the alumni had further stated that there had been no breach of confidentiality by the student facilitators as there were no ongoing proceedings being conducted by the Sexual Harassment Inquiry Committee under the Code to Combat Sexual Harassment (SHARIC). 

NLSIU response

In the statement released by the university administration last night it was stated that NLSIU has a robust mechanism of dealing with sexual harassment cases under its Code, which is in line with the Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Act, 2013, and that the open letter misrepresents the action taken by the University. 

"The University's Sexual Harassment Inquiry Committee (SHIC) has taken action against perpetrators of abuse on various occasions in the past including rustication. The Open Letter misrepresents the action taken by the University against the students as a failure to take sexual harassment seriously. In fact, the action was taken against the students for their failure to adhere to the 'NLSIU's Principles of Conduct, 2002,' and 'NLSIU's IT Policies,'" the statement reads.

The administration further stated that that the University's Disciplinary matters Advisory Review and Investigation Committee (DARIC) had conducted a thorough inquiry into the incident and had issued a report concluding that the conduct of the facilitators was inconsistent with the principle of fairness, the right to privacy, and the duty to avoid harm to members of the NLSIU community.

According to the statement, the student facilitators were found to have violated- 

● Part II (a) (1) of the Principles of Conduct, 2002 which states that any Conduct that causes serious physical or emotional harm to any person, whether or not a member of the University community, is considered as Major Misconduct; and

● NLSIU IT Policies, 2020, for violating the right to privacy of the Complainant and disclosing sensitive personal information; for causing harassment to the Complainant; and for sending an unauthorized email.

The statement further stipulated that on the basis of these violations, an order was issued by the DARIC against the student facilitators. It was also averred that the order and the Report were both shared with the student facilitators against which they had the right to prefer an appeal before the Vice-Chancellor, which in this case they chose not to.

On the issue of confidentiality, the administration maintained that the facilitators were seen to be in breach of Section 11(b) (viii) and (xi) of the Code under 'Role of the Facilitator', Section 24 and 27 which stipulate the parameters of confidentiality to be maintained regardless of whether a formal proceeding by the Sexual Harassment Inquiry Committee (SHIC) is in place.

"The student facilitators are bound to maintain confidentiality of the parties involved throughout the course of the complaint process, whether or not it results in formal proceedings before the SHIC under the Code", the statement read. 

In the open letter, the alumni had alleged that there had been a violation of principles of natural justice as the student facilitators have been barred from sharing the order issued by the DARIC and had further contended that the 'proceedings are shrouded in secrecy' which is 'deeply unfair'. 

Refuting such allegations, the administration stated,

"It is unreasonable and unethical for any third party to insist access to the DARIC Report, when it has been made available to the parties themselves. The question of violation of principles of natural justice does not arise."

On the last allegation of victimization under the Code, the statement underscored that the survivor had never been restrained from seeking redress from any internal or external inquiry process and that NLSIU had made all resources available to her.

"The DARIC found that there was no evidence of the complainant having been prevented from pursuing any internal or external inquiry processes as a result of its inquiry. In fact, the University made available all resources under the Code to the persons concerned. Further, the Order against the student facilitators has no bearing on any pending or future inquiry into the sexual harassment allegations of the complainant. All avenues of complaint and redressal remain open", the statement read further. 

Highlighting further that the student facilitators were in breach of the rules and policies of the University by using NLSIU digital resources to publicly name someone in a matter that would be prejudicial to that person's reputation, the administration underscored, 

"NLSIU has never prevented its students from discussing issues of sexual harassment. However, to use NLSIU digital resources to publicly name someone in a matter that would be prejudicial to that person's reputation is not conducive to the kind of community living that we would like to nurture at NLSIU,". 

Click Here To Read/Download NLSIU's Statement