1.  Scope

To address and adjudicate allegations of all types of harassments, including sexual harassment, in a fair, transparent, and consistent manner; a Conduct Committee shall be constituted to give its findings to the competent authority. The Committee shall be mandated to resolve the complaints of members of PUAN only and shall ensure compliance of instant policy and any other law whilst making its findings.

2. Definitions

         2.1 “Act” means The Protection Against Harassment of Woman at the Workplace Act, 2010.

        2.2. “Conduct Committee” means Anti-Harassment and PUAN Code of Conduct Committee constituted under s.4 of this Policy.

        2.3.“Aggrieved Party” means a person against whom a penalty has been imposed by the Competent Authority.

        2.4. “Accused” means against whom a written complaint has been filed by the Complainant to the Conduct Committee.

        2.5. “Competent Authority” means a person(s) notified under s.5 of this policy.

        2.6. “Complainant” means a person who has been subject to Harassment, as defined in this policy, and has filed a written complaint to the Conduct  

                Committee.

        2.7. “Complaint” means a written complaint filed by a Member or Partner against another Member alleging therein an act of Harassment, which took place 

                at an Event and/or on digital platforms managed by PUAN, USEFP or Mission.

        2.8. “Evidence” means documentary record, or an oral testimony of a witness produced by the Complainant or Accused.

        2.9. “Event” means an activity or interaction organized, sponsored or funded by PUAN, USEFP or Mission

        2.10. “Harassment” means:

                 (i) Comments that are offensive or unwelcome regarding a person’s national origin, race, color, religion, gender, sexual orientation, age, body, 

                      disability or appearance, including epithets, slurs, and negative stereotyping.

•         (ii) Any nonverbal harassment, which includes distribution, display or discussion of any written or graphic material that ridicules, denigrates, insults,  
•              belittles or shows hostility, aversion or disrespect toward an individual or group because of national origin, race, color, religion, age, gender, sexual 
•              orientation, pregnancy, appearance, disability, sexual identity, or marital status.
•  
•         (iii) Any unwelcoming sexual advance, request for sexual favors, stalking or cyber stalking or other verbal, visual or written communication or physical 
•              conduct of a sexual nature or sexually demeaning attitudes, including any gestures or expression conveying derogatory connotation causing 
•              interference with work performance or creating an intimidating, hostile or offensive work environment, or the attempt to punish the Complainant for 
•               refusal to comply to such a request; or
•  
•          (iv) Discrimination on basis of gender, which may or may not be sexual in nature, but which may embody a discriminatory and prejudicial mind set or 
•                notion, resulting in discriminatory behavior on basis of gender against the Complainant.
•  

        2.11.  “Mission” means U.S. Mission to Pakistan.

        2.12.  “Member” means a member of PUAN:

•           (i) Who is or has participated in qualifying U.S. government-sponsored people-to-people exchange; and
•          (ii) Who is implementing a PUAN funded grant, attending a PUAN funded event, activity, or is otherwise a registered member of the organization.

        2.13. “PUAN” means Pakistan-U.S. Alumni Network.

        2.14. “USEFP” means The United States Educational Foundation in Pakistan.

        2.15. “Partner” means a person who is not a Member, as defined above, and has been invited by PUAN or USEFP to attend the Event or is involved in organizing the

          Event, which may include, but is not limited to, speakers, trainers or subject experts.

3. Mandate of the Conduct Committee

The Conduct Committee shall be mandated to resolve Complaints of Harassment or violations of the PUAN Code of Conduct made by the Members in accordance with the prescribed procedure and make recommendations to the Competent Authority.

4. Conduct Committee

    4.1.  The Conduct Committee shall be constituted with the approval of USEFP and Mission to discharge its duties in accordance with its mandate provided in 3.

    4.2. Composition

        4.2.1. The Conduct Committee may be comprised of five (05) members, composition of which shall be as follows: (i) three nominated representatives of 

                  Mission; and (ii) two nominated representatives of USEFP. Amongst such members, two members of the Conduct Committee shall be female, 

                  transgender, and/or non-binary.

        4.2.2. The Conduct Committee shall elect its chairperson through majority voting. In absence of the chairperson, the Mission will appoint a temporary 

                   chairperson.

        4.2.3. In case an allegation against a member of the Conduct Committee has been made the concerned member(s), in such an instance, shall recuse 

                   themselves from the proceedings of the Conduct Committee, and the Mission may replace such member(s) with another.

        4.2.4. The Conduct Committee may invite any expert to attend the meeting and render his/her expert opinion.

        4.2.5. A member from USEFP, nominated by the Conduct Committee, shall act as Secretary of the Conduct Committee.

    4.3. Quorum

        4.3.1. The quorum of the meeting shall be at least three (03) members to convene the meeting and decide the case including the chairperson or acting chairperson. However, the presence of all committee’s member in each meeting is advised to ensure pragmatic decision making through collective wisdom.

        4.3.2. The Conduct Committee shall decide by majority.

     4.4. Proceedings

        4.4.1. The Conduct Committee, within ten days of receipt of a written Complaint, shall communicate to the Accused the charges and statement of allegations leveled against him/her, the formal written receipt of which will be given.

        4.4.2. Accused shall be required to submit written defense within seven days from the day the charge is communicated thereof. In case of failure to submit written defense by the Accused, the Committee shall proceed ex-parte.

        4.4.3. The Conduct Committee shall fix a day and date for holding the hearing and communicate the same to the Accused and Complainant.

        4.4.4. The Conduct Committee shall, on the day of hearing, call upon the Complainant to produce its evidence, which shall be cross examined by the Accused.

        4.4.5. Subsequently, the Accused shall be invited to present his defense and produce evidence, if any, which shall be cross-examined by the Complainant.

        4.4.6. The Conduct Committee may call upon the Complainant and Accused to make their concluding statements and, if desire so, submit their written submissions at the conclusion of the hearing.

        4.4.7. The Complainant and Accused may represent themselves in hearing through a friend or a colleague only with the prior approval of the Conduct Committee. Whereas, if a party is minor and/or disable, within the meaning of legal framework, the said party shall be allowed to represent itself through its guardian or parents.

        4.4.8. In case, the Accused or Complainant, may not elect to appear in hearing and to cross examine the Evidence produced by the other party, in such an instance, the Conduct Committee may only examine the written defense submitted by each party.

        4.4.9. In case, one party elects to appear and the other prefers to submit written submissions only, in such an instance, the former shall be provided a copy of the written submissions filed by the latter and, further, be allowed to file comments on such written submissions. No party shall be allowed to examine each other or their respective witnesses.

        4.4.10. The Conduct Committee, may nominate, an officer to provide advice and assistance to each party.

        4.4.11. It shall be ensured that no adverse action shall be taken against the Complainant or the witnesses. The Conduct Committee shall ensure that USEFP or Accused shall in no case create any hostile environment for the Complainant to pressure them from freely pursuing their complaint; and

        4.4.12. The Conduct Committee shall ensure that the statements and other evidence acquired in the inquiry process shall remain confidential.

    4.5. Powers of the Conduct Committee

        4.5.1. The Conduct Committee, after allowing fair opportunity to both parties, shall give its findings with reasons in writing together with recommendations to 

                  the Competent Authority within seven days of hearing. If the Committee finds the Accused to guilty it shall recommend to the Competent Authority for 

                  imposing one or more of the following penalties:

                       a.  Censure for further engagements in PUAN.

                       b.  Temporary disbarment from attending PUAN events.

                      c. Removal from roll of membership.

                      d. Cancellation of PUAN Grant and direction to return the disbursed funds.

        4.5.2. In case the Conduct Committee concludes that the Complainant filed a false complaint against the Accused; in such an instance, the Committee shall 

                   make recommendations against the Complainant to the Competent Authority.

•  

5.  Competent Authority

  5.1. USEFP shall designate a senior director(s) of the USEFP, who shall act as Competent Authority. The designation must be approved by the Mission and can be revoked by the Mission at any time.

  5.2. The Competent Authority shall impose the penalty recommended by the Conduct Committee within one (01) week of receipt of the recommendation of the Conduct Committee.