Prevention of Sexual Harassment (POSH) Policy

I. Introduction

Sexual Harassment is prohibited in McKinley.

McKinley endeavors to promote a working environment in which persons of both sexes work to complement each other as equals. McKinley will take practical and reasonable steps to prevent Sexual Harassment through training, awareness, and other initiatives.

If a complaint of Sexual Harassment is raised, it will be addressed giving due regard to sensitivity, confidentiality, privacy, and reputation of the involved individuals and by following due process according to the principles of natural justice.

McKinley will take a serious view of, and may impose disciplinary action on any Retaliation/Victimisation of the Aggrieved Person/Complainant by the alleged harasser or by anyone else in the organization.

Note: Wherever any activity or clause within this policy conflicts with the local country laws, the local country law will supersede.

II. Applicability

This policy is applicable to the following, during all activities conducted in the workplace or all work-related activities elsewhere:

• All Employees, Business Associates, Contract Consultants (Retainers) and Academic Interns of McKinley, globally.
• All suppliers and clients of McKinley.
• All third parties associated with McKinley.

The above are hereafter referred to as ‘Associates’.

Note: Associate means a person employed with McKinley for any work on permanent, temporary, part-time, ad hoc or daily wage basis, either directly or through an agent, including a contractor, whether for remuneration or not, or working on a voluntary basis or otherwise, whether the terms of employment are express or implied and includes a co-worker, a contract worker, probationer, trainee, apprentice, consultant, retainer or called by any other such name.

III. Purpose

The purpose of this policy is to carry out duties as an employer by:

• Prohibiting Sexual Harassment
• Preventing Sexual Harassment, by taking practical and reasonable steps.
• Addressing issues relating to Sexual Harassment, promptly, confidentially, sensitively, by following due process and principles of natural justice.
• Providing mechanisms for counseling, and necessary or required support services for victims of Sexual Harassment.

IV. Provisions

The provisions of the policy are as follows:

1. Circumstances of Sexual Harassment

Sexual Harassment can occur in a variety of circumstances, including but not limited to the following:

• The Aggrieved Person, as well as the Respondent, maybe a woman or a man.
• The Aggrieved Person or the Respondent does not have to be of the opposite sex.
• The Respondent can be the Aggrieved Person’s Supervisor, Assistant Manager (HR), a Supervisor in another project or any Associate of McKinley.
• The Aggrieved Person does not have to be the person harassed but could be anyone affected by the offensive conduct.
• It may occur without economic injury to the Aggrieved Person.
• It may occur at the workplace or any other place where the Aggrieved Person is engaged in work-related activities for McKinley.
• It may occur at any place where the Aggrieved Person interacts with another person with whom the Aggrieved Person has a workplace relationship. Examples: hotels, guest house, transit quarters, holiday homes, picnics, trekking expeditions, work-related travel, or travel to/from work in the company provided transportation.

2. Prevention of Sexual Harassment

At McKinley, Sexual Harassment is prohibited, and all persons to whom this policy applies have an obligation to refrain from indulging in any activity that leads to or creates circumstances of Sexual Harassment. The workplace practices and conduct must be safe and conducive for all associates.

McKinley will take steps to create awareness through slack, medium, email and training/awareness sessions to prevent incidents and keep associates informed on redressal procedures.

3. Retaliation/Victimisation

McKinley will not accept, support or tolerate Retaliation/Victimisation in any form against any person who, acting in good faith, reports acts of Sexual Harassment. Any person who engages in such Retaliation/Victimisation directly or indirectly, or encourages others to do so, may be subject to appropriate disciplinary action.

• Retaliation/Victimisation will be treated as major misconduct.
• Retaliation/Victimisation against those reporting Sexual Harassment is prohibited by this policy.
• Anyone suspecting or experiencing Retaliation/Victimisation should report to the appropriate authorities.
• Anyone feeling that a complaint of Retaliation/Victimisation did not get a prompt response can contact Chief Operating Officer (COO) directly.
• Retaliation/Victimisation cases are treated as seriously as an alleged case of Sexual Harassment even if the original harassment complaint is not proven.

4. Confidentiality

Individuals involved in the complaint process/system must refrain from divulging the details of the complaint, any information gathered in the course of the inquiry and the identities of the persons involved. Specifically, the contents of the complaint, the identity and addresses of the Aggrieved Person, Respondent, and witnesses, any information relating to conciliation and inquiry proceedings, recommendations of committee, action taken by McKinley under the provisions of this policy shall not be published, communicated or made known to the public, press and media in any manner. Any breach of confidentiality will be taken seriously and the persons involved in this breach will be liable for disciplinary action.

5. Disciplinary Action

Any disciplinary action undertaken is as per the local McKinley Disciplinary Action process applicable to the country. The nature and severity of disciplinary action against the guilty will be commensurate with the seriousness of the offense. This could range from but will not be limited to:

• Mandatory written apology
• Mandatory training and/or counseling sessions
• A letter of warning that will be filed in the personal file
• Withholding of promotion and/or increment or both
• Dismissal/Termination from the services of the organization.
• Any other action that the committee may deem fit

6. False or Motivated Complaints

In case the Assistant Manager (AM) arrives at a conclusion that the allegation against the Respondent is malicious; or the Complainant has made the complaint knowing it to be false; or has produced any forged or misleading documents, it may recommend to the organization to take suitable action against the Complainant who has made the complaint, in accordance with the provisions of the applicable service rules or as prescribed under applicable law. Mere inability to substantiate a complaint or provide adequate proof need not attract action against the Complainant. Further, the malicious intent on part of the Complainant needs to be established through the inquiry process before any action against such Complainant is recommended by the AM to the COO.

7. Police Complaints

Where an Aggrieved Person lodges a complaint alleging Sexual Harassment directly with the police, intimation regarding the same should preferably be sent to the COO by the Aggrieved Person as soon as possible.

V. Procedures

1. Redressal of Sexual Harassment

• Associates can approach the Assistant Manager or COO to discuss concerns or instances of Sexual Harassment and, if deemed appropriate, make a formal written complaint by email

Note: All complaints will be kept confidential. Anonymous complaints are discouraged.

• On receipt of the written complaint, the Assistant Manager will contact the Complainant as soon as possible or at least within 3 working days to understand the complaint, and to provide necessary support services.
• The COO will arrange for preliminary inquiries to assess the complaint.
• If conciliation is opted for by the Aggrieved Person, the same will be attempted through an informal approach and if conciliation is reached, it will be recorded with copies to both parties.

Procedure for Formal Inquiry

• The genuineness of the complaint and the need for a formal inquiry will be established by the COO.
• Formal notification of charges will be issued to the Respondent, and a written response will have to be submitted as soon as possible and in any case, in no more than 10 days.
• Where there is a need for additional facts, the COO is authorized to nominate internal or external persons to undertake fact-finding or make the necessary detailed inquiries on its behalf. The COO may also undertake any other means it deems appropriate to arrive at the facts or to get information relevant to the case. This may include personal interviews with concerned associates, requests for documents or records and so on.
• The formal inquiry will be conducted in accordance with the principles of natural justice.
• In case the COO comes to the conclusion that the complaint is false and the intent of the Complainant is mala fide, necessary disciplinary action may be initiated against the Complainant.

Procedure for Informal Inquiry

• In case the Complainant expresses a desire to opt for the informal route to achieve conciliation, the COO must support the Complainant to do so.
• To reach conciliation, the COO may facilitate a meeting between the Aggrieved Person and the Respondent if the Aggrieved Person wishes for it.
• The agreed terms of resolution of the complaint are formalized in a report and signed by both parties and necessary action taken to protect the interests of the Complainant/ Aggrieved Person and the Organisation.
• In case the informal route fails or the Complainant so chooses, the COO will initiate a formal inquiry.

2. Implementation of Disciplinary Action

• The action recommended by the COO must be implemented by the Assitant Manager or a nominated disciplinary authority.
• The disciplinary action to be taken will be informed to the parties in writing by the disciplinary authorities within a reasonable time (not exceeding 10 working days) following the completion of the inquiry.
• Failure or refusal of any persons to co-operate, or to disturb or misguide the committee during its investigations may result in disciplinary action against such persons as deemed appropriate by the concerned authorities.
• All inquiries for complaints of Sexual Harassment must be completed within 90 days of commencement of the inquiry or as per prevailing legal provisions in the country under question, whichever is less.
• The disciplinary action recommended by the COO must be disclosed to the Respondent and the Complainant/Aggrieved Person separately.

3. Actions Taken in case of Redressal Failure

In case of complaints, which the management deems as being outside its jurisdiction, for example, offenses of a criminal nature, the law of the land will apply. The COO will provide the necessary assistance to do the same.

Note: In India, in case of complaint of a criminal nature, which is an offense under the Indian Penal Code or under any other law, it is the duty of the employer to assist the Complainant/Aggrieved Person in initiating appropriate action, in accordance with the law. Also, such Complainants/ Aggrieved Persons must not be victimized and they must have an option to seek transfer of the Respondent or their own transfer.