NLSIU alumni condemn admin for punishing facilitators who shared a sexual harassment instance on survivor's request

The student facilitators have been accused of misconduct and were removed from their positions of responsibility the administrators 
NLSIU alumni issued an open letter to the University's administration | Pic: EdexLive
NLSIU alumni issued an open letter to the University's administration | Pic: EdexLive

The alumni of the National Law School of India University (NLSIU), Bengaluru issued an open letter on Wednesday, June 22, condemning the University administration’s decision for initiating disciplinary action against two facilitators for narrating events of sexual harassment by a member of the University.  The two female facilitators were appointed under the University’s Code to Combat Sexual Harassment (SHARIC).

The statement issued by a group of nearly 200 alumni mentioned that the narration of the assault took place over email, as well as on a private Facebook group with students from the University. 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, the statement also said.

The NLSIU administration found the student facilitators guilty of “major misconduct” under its disciplinary rules — Disciplinary matters Advisory Review and Investigation Committee (DARIC). However, the question of breach of confidentiality does not arise in this situation as there were no ongoing proceedings under the SHARIC code, according to the statement. 

The student facilitators were asked to pay a significant monetary fine or issue a public apology as a penalty for their actions. But they decided not to apologise as that could have an effect of stifling the voices of any peers who wished to share their own stories of sexual harassment or violence at the hands of other students in NLSIU, the statement said. Instead, they chose to pay the monetary fine imposed upon them. Additionally, they were also removed from all positions of responsibility, including their positions as student facilitators under NLSIU’s SHARIC Code.

Instances from the past 
An alumnus from the University recalled for EdexLive how sexual harassment proceedings have been mishandled in the past as well. “Victims often had to beg the committee to conduct hearings, sometimes hearings would be scheduled during class hours,” said Mukta Joshi. She added that, “I can think of at least one instance where perpetrators were found not guilty despite clear evidence and intensive, gruelling hearings. All of that contributed to the University not being a conducive environment at all for survivors to report.”

The alumni also noted in the letter how the #MeToo movement swept across the NLSIU campus in 2018, and dozens of victims of sexual harassment (who were largely women) shared their experiences via internal email, as well as on the same Facebook group where details regarding the present instance were posted.

In fact, the University has witnessed instances of sexual violence in the past. In December 2016, two NLSIU students, then in their second year, had anonymously sent a parcel with two oranges and a note to a female batchmate that said, “You know what I mean!!! Use it, feel it #FeelBig #BigDreamDiaries from BigPlanet.com,” according to reports. While the Sexual Harassment Enquiry Committee (SHIC) had then dismissed the case citing “no sufficient evidence to convict the accused” as the reason, the case was reopened again in 2018 as a similar incident had occurred again. However, reports stated that the perpetrators were subjected to inquiry and cleared of all charges.

The alumni also noted in the letter that if NLSIU’s decision in the present case were to be applied evenly, it is likely that the dozens of students who have shared their experiences 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,” they said.

Several other alumni from the University also took to Twitter to draw attention to the issue. Hrishika Jain (Batch of 2020) said, “This decision of the NLSIU administration will have significant and harmful implications on the #MeToo movement and conversations on sexual violence on campus and outside, and merits wider engagement,” in a post on Twitter. Another student, Ayushi Agarwal said, “I am disturbed by what is happening at my alma mater…We as alumni are issuing a statement condemning the university’s arbitrary action,” in a post on Twitter.

The alumni presented a list of demands in their letter which are:
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 penalising survivors of sexual harassment and those who stand by them

Students said that the University has not yet responded to their letter.

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