NLSIU alumni condemn University's action against student facilitators for disclosing details of sexual harassment incident

Alumni of the National Law School of India University (NLSIU), Bangalore have opposed the action taken by the administration against two female student facilitators appointed under the University's Sexual Harassment Code for disclosing details of a survivor's allegations against a current student..The issue pertains to allegations made earlier this year by a third year student of National Law University, Odisha who publicly stated that a fourth year NLSIU student harassed her "sexually, physically and mentally"..The survivor had reached out to the two students - appointed as facilitators under the NLSIU Code to assist and counsel victims of sexual harassment as well as alleged perpetrators - giving details of the alleged incidents.The facilitators in turn sent out a statement on behalf of the survivor, detailing the alleged abuse, naming the accused student, and disclosing sensitive personal information. These details were revealed to students of the University on email and on a private Facebook group..After the alleged perpetrator filed a complaint against the facilitators, disciplinary proceedings were initiated against them. As part of the action taken against the student facilitators, the University 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..A group of 179 alumni issued an open letter strongly objecting the stance of the University..According to the letter, the student facilitators shared the incident on being requested to do so by the survivor, since there were no ongoing proceedings under the Code and therefore no breach of confidentiality..In fact, the victim took to Twitter the following night to state that both the student facilitators had consulted their Sexual Harassment Policy Advisor, who didn't object to their sharing the incident publicly..Condemning the action taken by the Disciplinary Matters Advisory Review and Investigation Committee (DARIC) of the University and in solidarity with the two student facilitators, the open letter read,"As alumni of NLSIU, we commend the courageous and principled stance taken by the student facilitators. Further, we unequivocally condemn NLSIU’s finding that the student facilitators are guilty of “major misconduct”. It has also come to our attention that the student facilitators have been barred from sharing the order of the DARIC committee, so we are unable to even peruse the logic and reasoning of the committee. This means that the proceedings are shrouded in secrecy, and the principles of natural justice are not being followed, which is deeply unfair.".The letter brought to light that during the 2018 #MeToo movement, scores of individuals used the platform to share their stories with peers, and if this particular incident was to be seen as a breach of confidentiality, many other students would be guilty of the same."If NLSIU’s decision in the instant case were to be applied evenly, it is likely that those dozens of students would similarly be found guilty of “major misconduct” under the University’s rules. It bears emphasizing once again that no student ought to be punished for speaking about sexual harassment and violence, as well as those who perpetrate it.".The alumni have pointed out the University's obligation to follow the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) in letter and spirit and to not attempt to silence the voices of survivors of sexual harassment and those who stand in solidarity with them.Therefore, the former students made the following demands from the University:"1. Make the DARIC Committee’s order public, with redaction of names and other details where appropriate.2. Reverse the finding that the student facilitators in question are guilty of “major misconduct”. 3. Reconsider its decision on survivors sharing personal accounts of sexual violence, the acts of which would themselves attract penalties under NLSIU’s Code to Combat Sexual Harassment.4. Implement the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 in both letter and spirit. 5. Refrain from punishing and penalizing survivors of sexual harassment and those who stand by them.".University's response.In response to the open letter, the administration released a statement last night insisting that NLSIU has a robust mechanism of dealing with sexual harassment cases under the Code, which is in line with the POSH Act, and that the open letter conveys a wrong picture to the public."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 statement elaborates on the violations that the student facilitators committed, after the NLSIU student named in the email filed a complaint. They were found to be in violation of 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". They were also found to have contravened the 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..On the basis of these violations, an order was issued by the DARIC against which the student facilitators could appeal to the Vice-Chancellor. However, they refused to do so.On the aspect of confidentiality, 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..On the allegation that it violated the principles of natural justice, and on the demand for the DARIC report to be made public, the University 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 records that the survivor was never stopped from seeking redress from any internal or external inquiry process and that NLSIU made all resources available to her."...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 underscores nevertheless that the student facilitators were in breach of their duty according to the rules and policies of the University."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," the administration highlighted..[Read NLSIU's Statement here]