Educational institutions are responsible for creating safe environments where students and employees can learn, teach and work without fear of harassment. Schools, colleges and EdTech companies bring together teachers, administrative staff, students, management teams and external professionals. Maintaining appropriate safeguards is important across these different working environments.
This makes PoSH for educational institutions an important area of workplace compliance. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 provides a legal framework to prevent and address sexual harassment at workplaces.
For educational institutions, compliance involves more than creating a policy. They must establish appropriate complaint mechanisms, conduct awareness programmes, train committee members and ensure that complaints are handled confidentially.
Why Is PoSH Compliance Important for Educational Institutions?
Schools, colleges and EdTech companies have different workplace structures, but all need appropriate measures to address sexual harassment.
In schools, teachers, non-teaching employees, administrative staff and management personnel work together. Colleges also involve faculty members, researchers, visiting professionals and other employees.
EdTech companies have additional challenges because employees often work remotely and communicate through digital platforms, video meetings and online collaboration tools.
A clear PoSH compliance framework helps organisations establish appropriate reporting procedures, define acceptable workplace behaviour and address complaints through the prescribed legal process.
PoSH Act 2013 and Its Applicability to Educational Institutions
The PoSH Act 2013 applies to workplaces across public and private sectors, including educational institutions.
Under the Act, organisations with 10 or more employees must constitute an Internal Committee (IC), commonly called the Internal Complaints Committee (ICC).
The committee must have a woman Presiding Officer, at least two employee members and one external member familiar with issues relating to sexual harassment.
Organisations with multiple offices or administrative units may need separate committees at different locations, as prescribed under the Act.
It is important to distinguish workplace complaints from student-related complaints. Higher educational institutions are also governed by the UGC Regulations, 2015, which specifically address sexual harassment involving women employees and students in higher educational institutions.
Schools must additionally consider applicable child-protection requirements, including the POCSO Act, when complaints involve children.
What Schools Must Do to Maintain PoSH Compliance
Schools have a responsibility to provide a safe working environment for teachers, administrative employees and other staff members.
To maintain PoSH compliance for schools, management should focus on the following requirements.
1. Establish an Internal Committee
Schools with 10 or more employees must constitute an Internal Committee under the PoSH Act.
The committee should have the prescribed composition and be responsible for receiving and inquiring into workplace sexual harassment complaints.
2. Develop a Clear PoSH Policy
Schools should establish a written policy explaining what constitutes sexual harassment, how employees can report incidents and how complaints are handled.
The policy should also communicate the responsibilities of management, employees and committee members.
3. Conduct Employee Awareness Training
Teachers, administrative employees and other staff members should receive regular PoSH training for employees.
Training should cover workplace boundaries, inappropriate behaviour, reporting procedures and the responsibilities of employees.
4. Maintain Confidentiality
Complaints must be handled carefully. The identities of complainants, respondents and witnesses, along with inquiry proceedings, must remain confidential as required under the Act.
Schools should also ensure that employees can report concerns without facing retaliation.
PoSH Compliance Requirements for Colleges and Universities
Colleges and universities have additional responsibilities because their environment includes both employees and students.
The UGC introduced the 2015 Regulations on the Prevention, Prohibition and Redressal of Sexual Harassment of Women Employees and Students in Higher Educational Institutions.
These regulations establish specific requirements for higher educational institutions.
Important responsibilities include:
- Establishing an Internal Committee in accordance with applicable regulations.
- Creating awareness about sexual harassment and complaint procedures.
- Providing appropriate mechanisms for students and employees to report incidents.
- Conducting inquiries and taking action according to the applicable regulations.
- Maintaining confidentiality throughout the complaint-handling process.
Colleges should also ensure that students know where to report concerns and how the complaint mechanism works.
The institution’s management must review its policies and ensure that the applicable UGC regulations and PoSH Act requirements are properly implemented.
What EdTech Companies Must Do for PoSH Compliance
EdTech companies operate differently from traditional educational institutions. Their employees may work remotely, interact with customers online or collaborate with teachers and educational partners.
However, remote working arrangements do not remove workplace responsibilities under the PoSH Act.
Some important compliance measures include:
1. Address Online Workplace Harassment
Unwelcome sexual remarks during video meetings, inappropriate messages, offensive digital content and other unwelcome conduct may fall within the Act’s definition of sexual harassment, depending on the circumstances.
Companies should clearly explain acceptable digital communication and reporting procedures.
2. Establish an Internal Committee
EdTech companies meeting the 10-employee threshold must constitute an Internal Committee as required under the Act.
The committee should be accessible to employees, including those working remotely.
3. Conduct Online PoSH Training
Companies should organise awareness sessions for employees, managers and committee members.
Online training can help distributed teams understand workplace boundaries, reporting procedures and their responsibilities.
4. Maintain Proper Documentation
EdTech companies should maintain relevant records of training sessions, committee constitution, complaints and annual reporting.
Digital documentation can make compliance monitoring easier, provided confidentiality and access controls are maintained.
Common PoSH Compliance Mistakes Educational Institutions Should Avoid
Many institutions have workplace policies but still face compliance gaps because implementation is inconsistent.
Some common mistakes include:
- Not constituting an Internal Committee when legally required.
- Using outdated PoSH policies.
- Failing to conduct employee awareness sessions.
- Not training Internal Committee members.
- Delaying complaint handling.
- Ignoring annual reporting requirements.
- Failing to maintain confidentiality.
These gaps can create legal and reputational risks for educational organisations.
How PoSH Compliance Consultants Can Help Educational Institutions
Managing PoSH requirements involves policy development, committee formation, employee awareness, complaint documentation and annual reporting.
For institutions with multiple campuses or distributed teams, maintaining consistent compliance can become challenging.
Professional PoSH compliance services can help schools, colleges and EdTech companies establish and manage their compliance framework.
Transparian provides PoSH compliance support, including policy drafting, Internal Committee formation, employee awareness training, committee member training, complaint-handling guidance and annual compliance reporting.
Working with experienced PoSH consultants in India can help educational organisations identify compliance gaps and establish appropriate procedures.
Conclusion
PoSH compliance is an important responsibility for educational institutions. Schools, colleges and EdTech companies must establish appropriate policies, complaint mechanisms and awareness programmes to maintain safe working environments.
While the specific requirements differ between schools, higher educational institutions and EdTech businesses, prevention, awareness and proper complaint handling remain essential.
A structured approach to PoSH for educational institutions helps organisations protect employees, strengthen accountability and build safer educational and professional environments.
FAQ’s
Yes. Educational institutions are covered by applicable PoSH requirements. Organisations with 10 or more employees must constitute an Internal Committee under the PoSH Act.
Yes. The Act applies to schools as workplaces and protects women employees against workplace sexual harassment.
Yes. Higher educational institutions must comply with the UGC Regulations, 2015, concerning sexual harassment of women employees and students.
Yes. EdTech companies are covered by the PoSH Act as workplaces. Those meeting the 10-employee threshold must constitute an Internal Committee.
It should explain sexual harassment, reporting procedures, Internal Committee details, complaint-handling procedures, confidentiality requirements and applicable consequences.
Failure to comply can result in legal consequences, including monetary penalties under the Act and reputational damage.
