Islamabad : The Federal Ombudsman for Protection Against Harassment at Workplace (FOSPAH), in its written order, declared that in cases where a student files a complaint of sexual harassment, the burden lies on the teacher to clarify his position and refute the allegations made against him, especially considering his dominant, commanding, and authoritative role.
The Federal Ombudsman Fauzia Waqar, while rejecting the Appeal No. 143 filed by a lecturer of a federally-chartered public sector university, stated that: “It is nowhere provided in the [Anti-Harassment] Act that Complainant has to appear in person for recording of her statement or for cross examination”. The order further highlighted that: “Sexual harassment is not about sex. It is about power.”
According to the order, Section 5 of the 2010 Act empowers the internal Inquiry Committee to require the discovery and production of documentary, audio, or video evidence. The internal Committee, formed under the anti-harassment act 2010, was having full authority to order the production of relevant materials for the purpose of its investigation. “By denying access to his [mobile phone] device, the appellant withheld a crucial piece of evidence,” the FOSPAH declared.
The Federal Ombudsman Fauzia Waqar, while announcing the decision on the appeal, further emphasized that a teacher who engages in harassment of multiple students has no place in an educational institution, and the major penalty of termination from the service imposed by the university was appropriate and justified. “In view of above discussion, the findings of the inquiry committee are upheld and this appeal is dismissed.”
Sohail Majeed is a Special Correspondent at The Diplomatic Insight. He has twelve plus years of experience in journalism & reporting. He covers International Affairs, Diplomacy, UN, Sports, Climate Change, Economy, Technology, and Health.
