How Should Internal Committees Handle a Sudden Change in Presiding Officers During Ongoing Inquiries?

Think-Piece on Internal Committees Duty, Responsibility & Role

"Unfortunately, the Internal Committee Presiding Officer is unable to continue presiding over the ongoing inquiry proceedings into sexual harassment complaints that started on 1.4.2020 and were conducted on two consecutive days with the same Presiding Officer."

Kritarth Team of Special Educators PoSH Mandatory Programs requests accurate and proper guidance from:

i) Effective Internal Committee Presiding Officers and Members;
ii) PoSH Advisors, PoSH Consultants, PoSH Enablers, PoSH Practitioners, and PoSH Management Guides regarding the situation stated in this current poll-post.

Harsh K Sharan,
Kritarth Consulting Pvt Ltd Team of Special Educators PoSH Programs;
www.kritarth.in

Posted for Greater Awareness & Awakening at Workplaces
9th Nov 2022
**Location**: Delhi, India
City-India-Delhi, Country-India, sexual harassment,

Guidance for Handling Replacement of Internal Committee Presiding Officer

In the scenario where the Internal Committee Presiding Officer is unable to continue presiding over ongoing inquiry proceedings into sexual harassment complaints, it is crucial to take immediate and appropriate action to ensure the effective functioning of the committee and the fair resolution of complaints. Here are practical steps to address this situation:

🔹 Identify a Temporary Replacement: The first step is to identify a temporary replacement for the Presiding Officer to ensure that the inquiry proceedings can continue without delay. This replacement should be a member of the Internal Committee who is well-versed in the Prevention of Sexual Harassment (PoSH) Act and capable of impartially presiding over the proceedings.

🔹 Notify Stakeholders: Inform all relevant stakeholders, including the complainant, respondent, and other committee members, about the change in the Presiding Officer. Transparency and clear communication are essential to maintain trust and credibility in the inquiry process.

🔹 Ensure Compliance: Ensure that the temporary replacement is fully aware of the duties, responsibilities, and legal requirements of a Presiding Officer under the PoSH Act. Compliance with the Act and following due process is critical to upholding the integrity of the inquiry.

🔹 Continuation of Proceedings: The inquiry proceedings should continue smoothly under the temporary Presiding Officer, ensuring that all parties involved have the opportunity to present their case and provide evidence as required by the PoSH Act.

🔹 Consider Permanent Replacement: Depending on the circumstances leading to the Presiding Officer's inability to continue, the committee may need to consider appointing a permanent replacement through the appropriate process outlined in the organization's PoSH policy.

🔹 Training and Support: Provide necessary training and support to the temporary or permanent replacement to ensure they are equipped to handle their role effectively and in accordance with the legal requirements.

By following these steps, the Internal Committee can navigate the situation of a Presiding Officer's replacement smoothly and uphold the principles of fairness, impartiality, and compliance in addressing sexual harassment complaints in the workplace.