SMI Policies & Information

As an organization Srishti Manipal Institute of Art, Design and Technology (“Institute”/ “Institution”/ “Srishti Manipal”/) strongly believes in providing a safe, open, conducive & healthy work environment which is free from any form of distress or harassment. Srishti Manipal adheres to all rules of law which allow all individuals to deal and interact with each other in fairness and utmost dignity without any compromise to human values and ethics.

The Institute is completely engaged in and committed to providing a study and work environment which is free of any form of sexual harassment.

With this in mind, Srishti Manipal has formed this Policy Against Sexual Harassment; in compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal), 2013 and the Rules framed under the Sexual Harassment of Women at the Workplace (“Act”) to prevent the occurrence and commission of any such acts of sexual harassment at the workplace which shall primarily undermine the dignity of the employee. This Policy provides details with respect to the procedure to address all such complaints and the relevant grievance redressal mechanism.

• SCOPE AND APPLICABILITY

This Policy is applicable to all students and employees of the institute, studying, pursuing academic courses and /or employed at the Main Office and at all branch/ ancillary offices of the Institute across India, as applicable. The Policy further extends protection to any Party of an outside employer who visits the workplace of the Institute, for any official and/or academic, training purposes (not limited to).

• DEFINITIONS

• “Aggrieved Party”/ “Complainant”: means a Party in relation to workplace whether employed or not, who alleges to have been subject to any act of sexual harassment by the Respondent.

• “Applicable Laws” means shall mean any applicable legislative enactment or statutes, declaration, decree, ordinances, rules and regulations, or any Policy or directive of or by, any governmental authority or rulings of the courts, or any license, permit, or other authorization of governmental authority under such applicable laws and conditions of such license, permit, or other authorization, in each case as in effect from time to time and shall include applicable law on or in relation to Institute’s business located in India.

• “Campus” means the location or the land on which the Institute and its related institutional facilities like libraries, laboratories, lecture halls, residences, halls, toilets, student centers, student housing including paying guest and private accommodations, dining halls, stadiums, parking areas, park like settings and other amenities like health centers, canteens, bank counters etc. are situated and also includes extended campus and covers within its scope places visited  as a student of the Institute including transportation provided for the purpose of commuting to and fro from the Institute, the locations outside the Institute on field trips, internships, study tours, excursions, short-term placements, places used for camps, cultural festivals, sports meets and such other activities where a person is participating in the capacity of an employee or a Student of the Institute.

• “Employee” means a Party employed at a workplace for any work on regular, temporary, ad hoc or daily wages basis, either directly or through an agent, including a contractor, with or, without the knowledge of the principal employer, 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 or called by any other such name.

• “Internal Complaints Committee”/ “Internal Committee”/ “Complaints Committee”/ “Committee”- A committee set up by the Institute as per the law and this Policy

• “Executive Authority” means the chief executive authority of the Institute, by whatever name called, in which the general administration of the Institute is vested. i.e. Director of the Institute.

• “Institute” means Srishti Manipal Institute of Art, Design and Technology.

• “Parties” means both the Aggrieved Party and the Complainant collectively.

• “Policy”: means Srishti Manipal Sexual Harassment Policy.

• “Respondent” means a Party against whom the aggrieved Party has made a complaint.

• “Student” means a person duly admitted at the Institute, and pursuing a programme of study either through regular mode or distance mode, including short term training programmes.

• “Third Party Harassment” means and refers to a situation where sexual harassment occurs as a result of an act or omission by any third party or outsider, who is not an employee or a student of the Institute, but a visitor to the Institute in some other capacity or for some other purpose or reason.

• Workplace (“Workplace”), means the Campus of the Institute, including

• Any department, organization, undertaking, establishment, enterprise, institution, office, branch or unit which is established owned, controlled, or wholly or substantially financed by funds provided directly or indirectly by the Institute
• Any sports institute, stadium sports complex or competition or games venue, whether residential or not, used for training, sports or other activities
• Any place visited by the Student or Employee arising out of or during the course of study or employment, including transportation provided by the Institute for any such academic/employment purposes.

• POLICY GUIDELINES

This Policy applies to all, included but not limited to the Students, Employees, workers, interns, staff ( permanent and temporary), consultants .The Policy provides cover and protection to a Srishti Manipal student and/or employee as a result of an act of an outsider or a third party while on official duty.

• WHAT IS SEXUAL HARRASSMENT?

The Act defines “Sexual Harassment” to include any one or more of the following unwelcome acts or behavior (whether directly or by implication) such as:

• Any unwelcome physical, verbal or non –verbal conduct of a sexual nature
• A demand or request for sexual favors
• Making sexually colored remarks
• Showing pornography or other offensive or derogatory pictures, cartoons, representations, graphics, pamphlets or sayings
• Physical contact and advances

Or

The following circumstances amongst other circumstances mentioned above may constitute sexual harassment if it occurs or is present in relation or connected with any act or behavior of sexual harassment:

• Implied or explicit promise of preferential treatment in their academic studies and/or employment
• Implied or explicit threat of detrimental treatment in their academic studies and/or employment
• Implied or explicit threat about their present or future academic and/or employment status
• Interfering with their work or creating an intimidating or offensive or hostile study and/or work environment; humiliation treatment likely to affect their health or safety
• Humiliating treatment likely to affect the health and safety of the aggrieved Party

In addition to the instances mentioned hereinabove, any other acts or behavior, which outrages the modesty of a female student and/or employee, will be considered as sexual harassment.

The harassment may relate to a single incident or may happen over time whether directly or by implication.

Examples of Sexual Harassment

Sexual harassment includes the following types of conduct.

• Sexually coloured language, jokes, comments, messages and songs
• Any form of profanity or obscenity (verbal or written – including through electronic media such as email, text or SMS messages, instant chat and social media posts or use of language that puts someone down on the basis of their gender or sexual orientation)
• Inappropriate physical contact, gestures, body language or signs (including inappropriate staring)
• Access to and display of pornographic content in any form (including cartoons) and on any media
• Stalking (following or repeatedly persisting in an offensive behaviour such as unwanted visits, phone calls, texts, emails, or letters, leaving presents or watching someone’s home)
• Requests for sexual favours or any other verbal, visual or physical contact of a sexual nature that prevents an individual from effectively performing the duties of their position due to the emotional and psychological distress it causes
• Any interaction of a sexual nature that creates an intimidating, hostile or offensive environment
• When a sexual favour of any nature is made as a condition of academic advancement, team placements, or reprieve from penalties or consequences for breach of institute rules or terms of employment, or as a condition for employment or compensation, either implicitly or explicitly (e.g., offering better grades or selection to a team or safety from consequences of breaking a institute rule or threatening to fire or punish someone if they don’t accept sexual advances)
• Any humiliating treatment likely to affect the health, safety, dignity or physical integrity of the Party concerned.

The above list is only illustrative. It is not exhaustive. Other forms of conduct could amount to sexual harassment as well if it involves any form of unwelcome physical, verbal or non-verbal conduct of a sexual nature, in case of an adult; or any sort of physical, verbal or non-verbal conduct of a sexual nature, in case of a minor.

• REDRESSAL MECHANISM- INTERNAL COMPLAINTS COMMITTEE 

As per the guidelines of the Act; Srishti Manipal has set up an Internal Complaints Committee to address all such complaints at each office and branch to hear and redress grievances pertaining to all instances and forms of sexual harassment.

The Term of office of the members of the ICC is a period of 3 years. Details of the Committee shall be published on the website.

• PROCEDURE/PROCESS TO RECORD A COMPLAINT

The Institute shall comply with all provisions of the Act in relation to Filing of complaint/Inquiry/Conciliation Process etc.

• An Aggrieved Party shall submit 6 (six) copies of the written complaint along with any and/or all supporting documentation and names and addresses of the witnesses to the Internal Committee, within 3 months of the date of the incident; and in the case of a series of incidents, within 3 months of the last incident. The Committee has the power to extend the time for further 3 months, in case there were circumstances, which prevented him/her from filing the complaint within the said 3 months.  The members of the Committee shall give all reasonable assistance to the Party for making the complaint in writing, if the complaint could not be made in writing by him/her.
• The complaint shall be kept in strict confidence by the Committee to ensure that details are not shared with students and /or employees of the Institute and outsiders to the Institute.
• In the event the Aggrieved Party is not able to submit the complaint partly, due to physical/mental incapacity or death; such complaint may be submitted by the Aggrieved Party’s friends, relatives, co-workers, psychologist, psychiatrist etc.
• In all other cases, where the Aggrieved Party is unable to make a complaint, the complaint may be made by any Party who has the knowledge of the incident, with his/her written consent.
• In case the Aggrieved Party is dead, the complaint may be made by any Party who has the knowledge of the incident, with the written consent of his/her legal heir.
• The Committee shall send 1(one) copy of the complaint to the respondent within 7(seven) working days.
• The respondent shall file his/her reply to the complaint in writing within 10(ten) working days from the date of receipt of the complaint, along with a list of documents and names and addresses of witnesses to substantiate his/her case. In the event further information and/or documentation is required from the Parties, the same shall be provided to the Committee.
•  The Complaint Committee shall have the right to terminate the enquiry or give ex-parte decision on the complaint, if the Complainant remains absent for 3 consecutive hearings, without sufficient cause.
• The Committee shall ensure that a fair and just inquiry/investigation is undertaken and all such investigation is based on the principles of natural justice.
• Both Parties will be given reasonable opportunity to present their facts and explanations.
• For conducting the enquiry the quorum of the Complaints Committee shall be of 3 members including the presiding officer.
• Copies of the findings shall be provided by the Committee to the aggrieved Party and respondent, enabling them to make fair representations before the Committee.
• The Committee shall complete the inquiry within 90 days from receipt of the complaint and send a report to the Director/ Executive Authority of the Institute, within 10 days of the completion of inquiry and to the concerned parties.
• The Institute shall initiate necessary action on the recommendations of the Committee within 30 days from the date of receipt of the Inquiry Report. Any appeal by either Party, against the decision of the Committee is allowed within 30 days of the date of the Committee recommendations.
• No action shall be taken if the allegation against the respondent has not been proven.
• If the Director/ Executive Authority decides not to act as per the recommendations of the Committee, it shall record written reasons for the same to be conveyed to the Committee and both Parties to the proceedings. If the Executive Authority/ Director, decides to act on the recommendations of the Committee, then a show cause notice answerable within 10 days shall be served on the Party, against whom the action is decided to be taken. The Executive Authority/ Director shall proceed only after considering the reply or hearing of the Aggrieved Party.

Settlement through Conciliation:

An Aggrieved Party may also request the Committee to settle the matter between him/her and the respondent through conciliation. Monetary settlement is prohibited. The procedure is as follows:

• The Committee shall record the settlement arrived at and forward the same to the Partners of the Institute for taking requisite and appropriate action.
• Copies of the settlement should also be provided to the Aggrieved Party and the respondent.
• No further inquiry shall be conducted by the Committee.
• Resolution through conciliation takes place within 2 weeks of receipt of the Complaint. 

• INTERIM RELIEF TO AGGRIEVED PARTY DURING PENDENCY OF COMPLAINT

An Aggrieved Party can ask the Committee to provide the following relief measures during the pendency of the inquiry proceedings:

• Transfer the Aggrieved Party or the respondent to another section or department, or workplace, to minimize the risks in contact or interaction, if such a recommendation is made by the Committee
• Grant leave to the Aggrieved Party up to a period of 3 months, in addition to her regular statutory /contractual leave entitlement, with full protection of status and benefits
• Restraining the respondent from reporting on or evaluating the academic and /or work performance or tests or examination of the Aggrieved Party
• Ensure that offenders are warned to keep a distance from the Aggrieved Party and wherever necessary, if there is a definite threat, restrain their entry into the campus.
• Take strict measures to provide a conducive environment of safety and protection to the complainant against retaliation and victimization as a consequence of making a complaint of sexual harassment

• DISCIPLINARY ACTION IN CASE OF A FALSE COMPLAINT

In the event the Committee were to find any form of misconduct by either or both Parties, with respect to a “false/malicious and/or frivolous complaint” appropriate and strict disciplinary action shall be taken by the Committee against the accused. Such disciplinary action may include suspension from the Institute, dismissal of service, transfer, demotion, withholding of promotion etc. The Complainant shall be entitled to seek any other legal recourse available to them under law in addition to the above.

Any witness who has rendered false/misleading testimony (either oral and/or written) shall be subject to the same disciplinary action stipulated above.

While deciding malicious intent, the Committee shall consider that mere inability to substantiate a complaint need not mean malicious intent. Malicious intent needs to be clearly established through a separate inquiry.

• CONFIDENTIALITY

Recognizing the sensitivity attached to such matters, all information, including but not limited to the contents of the complaint, the identity and address of the Aggrieved Party, respondent and witness and any information relating to conciliation and inquiry proceedings, recommendations of the Internal Committee and the action taken by the Institute shall be kept in strict confidence. Any Party who breaches confidentiality shall be subject to disciplinary action by the Committee, as prescribed in the Act.

• PUNISHMENT and COMPENSATION

The Act prescribes the below penalties to be imposed for engaging in an act of sexual harassment. In the event the allegation is proven by the Complainant, the below penalties will apply as appropriate and shall be recommended by the Committee:

If the respondent is a Student; depending upon the severity of the offence, the Institute may:-

• Withhold privileges of the Student, such as access to the library, auditoria, halls of residence, transportation, scholarships, allowances and identity card
• Suspend or restrict entry into the Campus for a specific period
• Expel and strike off name from the rolls of the Institute, including denial of readmission, if the offence so warrants
• Award reformative punishments like mandatory counselling and /or performance of community services

 

If the respondent / offender is an Employee, as per the Rules of the Institute; it may include, but not be limited to the below;

• Action including written apology warning, reprimand, censure, withholding of promotion, withholding of pay rise or increments, terminating the accused from the Institute/ service, counselling sessions to be undergone by the accused or carrying out community service
• Deduction of compensation/wages/salary payable to the Aggrieved Party from the salary/wages of the accused.

 

Compensation:

The Aggrieved Party is entitled to payment of compensation. The Institute shall issue direction for payment of compensation recommended by the Committee, which shall be recovered from the offender. The compensation payable shall be determined on the basis of:

• Mental trauma, pain, suffering and emotional distress caused
• Loss in academic and /or career opportunity due to the incident of Sexual Harassment
• Medical expenses incurred by the victim for physical or psychiatric treatment
• The income and financial status and feasibility of payment options
• Feasibility of such payment in lump sum or in instalments
• Such action and compensation shall be concluded within 60 days of receipt of the Inquiry Report from the Committee

The compensation to be paid to the Aggrieved Party shall be payable from the salary/wages of the Accused in the case of the Accused being an Employee.

• MISCELLANEOUS

• • • All the Students, Employees, Agents, Customers, Vendors, Partners and Visitors shall have access to this Policy at any given point of time and clarification related to this Policy shall be addressed by the Institute.

• • •  Further, all Students and Employees shall be briefed about the existence and terms and features of this Policy during their initial Induction, as well as provided with a copy of the Policy. They shall be required to sign a statement declaring that they have understood and read the Policy and shall strictly adhere by the Policy.   Also, any Student and Employee at any point of time can seek clarity and any information required with respect to the Policy from the Dean of Students.

• • • The decision of the Committee on any matter within its competence shall be considered final, and no appeal / challenge to the same shall lie to any Party / body in the Institute.

• • • In case of sexual harassment of any Student and /or woman employee by a Party who is not an Employee of the Institute, the Institute shall take all steps necessary and reasonable to assist the affected Student and/or woman employee in terms of providing her with psychological, emotional and physical support and enabling her to make a complaint with the Internal Complaints Committee at  the workplace of the concerned Party or take the required recourse  as per the Applicable law.

• • • The Institute shall comply with all provisions as stipulated under Section 19 of the Act to ensure a safe working environment to all students and employees. This Section 19 of the Act also stipulates for the Institute to “provide assistance to the woman if she so chooses to file a complaint in relation to the offence under the Indian Penal Code (“IPC”) or any other law for the time being in force”.  Annexure “A” reflects provisions of Section 19 of the Act. Annexure “B” reflects the provisions with regard to Punishment for Sexual Harassment under the IPC.

• The Institute reserves the right to amend any of the clauses of the Policy subject to such amendment being in compliance with the Act.

• The Institute reserves the right to revamp/reconstitute the Internal Complaints Committee from time-to –time if it feels it necessary according to the Applicable Law. .

 

ANNEXURE- A

Section 19 of the Act- DUTIES OF EMPLOYER

Every employer shall—

a.     Provide a safe working environment at the workplace which shall include safety from the persons coming into contact at the workplace

b.       Display at any conspicuous place in the workplace, the penal consequences of sexual harassments; and the order constituting, the Internal Committee under subsection (I) of Section 4

c.     Organise workshops and awareness programmes at regular intervals for sensitising the employees with the provisions of the Act and orientation programmes for the members of the Internal Committee in the manner as may be prescribed

d.     Provide necessary facilities to the Internal Committee or the Local Committee, as the case may be, for dealing with the complaint and conducting an inquiry

e.     Assist in securing the attendance of respondent and witnesses before the Internal Committee or the Local Committee, as the case may be

f.     Make available such information to the Internal Committee or the Local Committee, as the case may be, as it may require having regard to the complaint made under sub-section (1) of Section 9 of the Act

g.    Provide assistance to the woman if she so chooses to file a complaint in relation to the offence under the Indian Penal Code or any other law for the time being in force

h.    Cause to initiate action, under the Indian Penal Code or any other law for the time being in force, against the perpetrator, or if the aggrieved woman so desires, where the perpetrator is not an employee, in the workplace at which the incident of sexual harassment took place

i.     Treat sexual harassment as misconduct under the service rules and initiate action for such misconduct

j.     Monitor the timely submission of reports by the Internal Committee

 

 

ANNEXURE- B

Section of the Indian Penal Code- Sexual Harassment and Punishment for Sexual Harassment

Under the Indian Penal Code, the newly introduced Section (S. 354A) which deals with Sexual Harassment has made this a ‘cognizable offense’ i.e. a person charged with Sexual Harassment may be arrested without a warrant.

• • A man committing any of the following acts:

• • • physical contact and advances involving unwelcome and explicit sexual overtures; or

• • • a demand or request for sexual favours; or

• • • showing pornography against the will of a woman; or

• • • making sexually colored remarks, shall be guilty of the offence of sexual harassment.

• • Any man who commits the offence specified in clause (i) or clause (ii) or clause (iii) above, shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both.

• • Any man who commits the offence specified in clause (iv) above shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

In addition to Section 354A set out above, acts of Sexual Harassment may also constitute other offenses under IPC including Section 354 (assault or criminal force to woman with intent to outrage her modesty), Section 354C (Voyeurism), Section 354D (Stalking), Section 375 and 376 (Rape) and Section 509 (word, gesture or act intended to insult the modesty of a woman).

SMI is committed to providing a safe, secure and conducive educational / work environment for every individual to achieve her or his true potential. SMI has a Zero tolerance policy towards Substance usage on campus and off campus, including private and paying guest accommodations and on any form of transportation to and from SMI.

SMI Policy on Substance Abuse ( “Policy’) is committed to ensuring that substance usage is prohibited, prevented and eliminated.

Any and all forms of substance abuse are not tolerated.

Any and all forms of substance abuse, is deemed and mandated as unlawful and will be subject to penalties in accordance with applicable law.

SMI Policy on Substance Abuse prohibits the possession, use and/or sale, purchase, transfer and distribution of illegal drugs and alcohol, in /on and around its Institute Premises at all times. It also prohibits the sale, purchase, transfer and distribution of drug paraphernalia.

This Policy addresses and includes; alcohol, drugs and other intoxicants. The purpose of this Policy is to clarify the rules regarding possession, consumption and distribution of intoxicants within the Institute, owned or operated buildings, property and grounds including administrative, instructional and research facilities.

1. Definitions under SMI Substance Abuse Policy

• A “substance” includes alcohol, illegal drugs, inhalants, and prescription and over-the counter drugs.
• An “illegal drug” is any substance that is illegal to use, possess, sell, or transfer, as per applicable law.
• “Drug paraphernalia” are any items used or intended for use in making, packaging, concealing, injecting, inhaling, or consuming illegal drugs or inhalants.
• A “prescription drug” is any substance prescribed for an individual by a licensed health care provider.
• An “inhalant” is any substance that produces mind-altering effects when inhaled.
• “Institute Premises” include all buildings, grounds, parking lots, and transport provided by the Institute.  Areas where the use is strictly prohibited include: student campus activities, classrooms, parking lots, roadways, leisure activity areas, private and paying guest accommodations and all offices or work areas which are considered as Institute property, including areas the Institute has rights over.

 

1. An individual is deemed to be “under the influence” if any substance:

• Impairs one’s behaviour or ability to work safely and productively;
• Results in a physical or mental condition that creates a risk to one’s own safety, the safety of others, or campus property; or
• Is shown to be present in one’s body, by laboratory evidence, in one or more than one identifiable trace.

Any violation of this Policy will result in strict disciplinary action by the Institute, as deemed appropriate and necessary, under the rules and regulations of the Institute which are prescribed and approved by the Director and Governing Council of the Institute and applicable law.

Further;
(i) SMI reserves the right to inspect the Institute Premises for these substances, at any given time.
(ii) SMI reserves the right to conduct alcohol and drug tests at any given time. SMI may cancel an admission or terminate one’s enrolment and /or employment if one violates this Policy, refuses to be tested, or provides false information.
(iii) All disciplinary action to be taken by SMI with regard to breach of this Policy shall be at the sole discretion of SMI, based on the findings of the Institute Disciplinary Committee.

 

1. RULES

• One may not use, possess, or be under the influence of alcohol on Institute Premises.
• One may not use, possess, sell, distribute and / or be under the influence of illegal drugs.
• One may not sell, buy, transfer, or distribute any drugs. It is against the law to do so and there will be legal consequences.
• One may not use, possess, sell, buy, transfer, or distribute drug paraphernalia.
• One may not use or be under the influence of inhalants.
• One may use a prescription drug only if a licensed health care provider prescribed it within the last year. One must follow directions, including dosage limits and usage cautions.
• One must keep these prescription drugs in their original containers or bring only a single-day supply.
• SMI may consult with a doctor to determine if a prescription or over-the-counter drug may create a risk if one uses it on the campus.
• One may not use machinery while taking prescription or over-the-counter drugs that will or is likely to impair one’s ability to work safely. This includes driving vehicles.

Further;

• In addition, this Policy prohibits the unlawful manufacture, dispensing or distribution of illicit drugs and alcohol by any individual on Institute premises, while conducting Institute business off the premises, or as part of any Institute sponsored/related activities.
• An individual must cooperate with any investigation into substance abuse. An investigation may include tests to detect the use of alcohol, drugs, or inhalants.
• This policy delineates the appropriate action to take in the event that any individual exhibits behavior consistent with alcohol or drug use in the Institute Premises.

1. PROCEDUREWhen in the judgment of the individual, a determination is made that there is unauthorized use or possession of alcohol, controlled substances or the use or possession of illegal drugs, or if behavior or work performance of any individual gives rise to performance related concerns that may indicate a need for drug and alcohol testing or some other action, the following procedure shall be used.(i) TestingTesting may include urine, blood, or breathalyser tests. Before testing, an individual will be given the opportunity to explain the use of any drugs / intoxicants. SMI will follow all applicable laws to keep test results confidential.

(ii) Disciplinary Action

Any individual violating this Policy; shall face disciplinary action, which shall include the following:

• Immediate suspension from SMI (admission or employment) pending enquiry.
• If the individual is a student, the parent / legal guardian will be informed immediately and will be expected to meet the Director at the earliest.
• The Institute Disciplinary Committee will conduct an enquiry and submit the report to the Director who will initiate further action in consultation with the Executive Administrator and Dean of Students.

(iii)  Applicable Law- India

All offenders will be liable as per the penal provisions under the Narcotic Drugs and Psychotropic Substances Act 1985 (NDPS Act) and under all other applicable laws.

 

1. ASSISTANCESMI assistance program provides education on alcohol, drugs and narcotics abuse. Referrals to certified medical practitioners for consultation / treatment can be facilitated. The names, contact numbers / email details of certified medical professionals will be published on posters, notice / bulletin boards in each campus.SMI will endeavour to work towards prevention programmes based on enhancement of knowledge, skills for refusing peers, development of appropriate coping and social skills, stress reduction methods, focusing on normative behaviour and involvement of families.Note: This policy will be subject to change. Please check the SMI website for continuous updates and revisions to the policy.

Srishti Manipal Institute of Art, Design and Technology (*Us”/ “Institute’/ “Srishti Manipal”) values honesty and integrity. Academic and creative dishonesty in any form are morally, ethically and legally unacceptable at Srishti Manipal and will not be justified or tolerated.
Srishti Manipal recognizes that creative and innovative practice requires an understanding of the world and the works of others. Art and design processes require exploring ideas, practices and products in existence and through collaboration with others. An open exchange of ideas and the opportunity to read, research, reference, and build upon the works of others play a key role in creative practice.
At the same time, artists, designers and scholars must clearly acknowledge

• using and relying upon the ideas and works of others, and
• other’s contribution in all their endeavors.

Srishti Manipal faculty and students share responsibility in upholding these values. While Srishti Manipal expects its faculty to set the standards for ethical conduct and practice, it recognizes the need for students to understand and accept their own responsibility in maintaining honesty and integrity in their work within classrooms, studios, workshops and other spaces of learning and practice.
In order to promote the above by its students Srishti Manipal has adopted a policy on Ethical Conduct and Practice (“Policy”) that is committed to ensuring that:
All academic and creative work submitted by students for assessment and for public/private purposes is expected to be the result of their individual efforts, self–expression, skills and knowledge. 

This Policy identifies what constitutes academic and creative dishonesty through cheating, plagiarism and syndication. It outlines

• what constitutes honest and ethical practice
• actions that contravene the principles of ethical practice
• student responsibilities to ensure their own ethical practice

As per this Policy all acts of cheating, plagiarism and syndication are considered a violation of ethical academic and creative practice.

Definitions

• “Applicable Laws” means shall mean any applicable legislative enactment or statutes, declaration, decree, ordinances, rules and regulations, or any Policy or directive of or by, any governmental authority or rulings of the courts, or any license, permit, or other authorization of governmental authority under such applicable laws and conditions of such license, permit, or other authorization, in each case as in effect from time to time and shall include applicable law on or in relation to Institute’s business located in India.
• “Faculty” means all teaching professionals at Srishti, who have been employed by Srishti Manipal, either on a permanent, temporary and/or consultant basis.
• “Institute” means Srishti Manipal. Institute of Art, Design and Technology.
• “Policy”: means Srishti Manipal Policy on Ethical Conduct and Pratice.
• “Student” means a student at Srishti Manipal.

What constitutes academic and creative dishonesty?
At Srishti Manipal ; dishonesty includes all acts undertaken to obtain academic, creative, and professional advantage (including in assessment, course credit, publication and dissemination of work) by dishonest or unfair means or by knowingly assisting another student to do so. It includes cheating, plagiarism, syndication, and non-attribution.

What is Cheating?
Cheating is the actual or attempted practice of fraudulent or deceptive acts for the purpose of improving one’s grade, obtaining course credit, and receiving creative/professional credit for work that is not one’s own/ entirely one’s own. Such acts also include assisting another student to do so. Cheating can take various forms, all of which are prohibited by Srishti Manipal. This includes:

• Engaging to complete or contribute to a project/assessment in place of another student, whether for payment or otherwise.
• Fabrication of information/data when completing a course/project.
• Recycling: or resubmission of work that has been created for an earlier course/purpose, or which is substantially the same, for another course/purpose.

It is expected that all work submitted by a Student for a course or for any other academic purpose will be been done solely for that course/purpose. A Student who recycles course work from one class to another is liable to face an allegation of academic dishonesty unless he/she has obtained permission from the Faculty member in charge of the previous course/purpose for which the work was first produced.

• Fraudulent practices during examinations and tests which can take the form of:
• The use of any unauthorized material. When taking an examination or a test, only those materials that are to be used can be carried. Any unauthorized material that is brought will be in breach of Srishti Manipal’s regulations and will be regarded as an act that is preparatory to cheating.
• Attempting to read other another Student’s work during an examination;
• Writing an examination, quiz or test paper, or consulting with another person about the examination or test, outside the confines of the examination room without permission;
• Copying from another Student during an examination; and
• Using electronic devices inappropriately to access information during an examination.

What constitutes Plagiarism?
Plagiarism is a specific form of cheating which consists of the misuse of the published and/or unpublished works of others by misrepresenting the material (i.e., their intellectual property) used as one’s own work.
Plagiarism includes:

• Submitting work that purports to be one’s own‚ but has borrowed ideas‚ words, or any other aspect of information from another source without an acknowledgment of this fact. This shall include but not be limited to quoting verbatim from another person’s work, cutting and pasting from the internet, paraphrasing another person’s work by changing the order of words used etc.
• Reproducing someone else’s work‚ whether it be a published article‚ chapter of a book‚ a paper from a colleague, image, form/design
• Hiring, employing or allowing another person to alter or revise work that is submitted as claiming to be the result of one’s own effort.
• Copying images/visual/sonic work, or parts of images/visual/sonic work without permission or proper acknowledgment.
• Copying, parts of or the entire whole of a copyrighted images/visual/sonic work that may not be copyrighted.

Plagiarism might also arise from colluding with another person, including another student, other than as permitted for joint project work (i.e. where collaboration is concealed or has been forbidden). A Student should include a general acknowledgement where he or she has received substantial help, for example with the language and style of a piece of written work, creative expression and design elements

Plagiarism can occur in respect to all types of sources and media and not be limited to:

• Text, illustrations, musical quotations, mathematical derivations, computer code, etc;
• Material downloaded from websites or drawn from manuscripts or other media;
• Published and unpublished material, including lecture handouts and other students’ work.

Students must ensure that any work submitted for assessment is genuinely their own and is not plagiarized. It must not be borrowed or copied without specific acknowledgement, or stolen from other published or unpublished work.

What constitutes Syndication?
Srishti Manipal recognizes the value and benefits of collaboration between peers in addition to the need and value for Students to obtain expert assistance from time to time. Students must acknowledge the role and contribution of others at all such times.
A Student must ensure that work submitted has been prepared by theSstudent alone, unless specifically instructed that a piece of work for assessment is to be produced jointly with other Students,
Colluding with other Students to prepare a piece of work jointly, or to copy each other’s work, and pass it off as an individual effort, is syndication and this is against Srishti Manipal regulations.
Copying another Student’s work without his or her knowledge is also against the rules. A Student should include a general acknowledgement where he or she has received substantial help, for example with the language and style of a piece of written work; manufacture/crafting of a product; visual language and content of presentations, and the artistic style of a creative work.

Guidelines for Ethical Conduct and Practice
As per Srishti Manipal policy on Ethical Conduct and Practice (especially as this pertains to cheating, plagiarism, syndication and non-attribution) Students are required to, strictly; adhere to the following:

• Any work, written or creative, undertaken in collaboration with others must be acknowledged
• The contribution of the Student in collaborative work must be clearly acknowledged in background, concept, process, and production of final output
• Collaboration would include those with other Students or peers, with industry or with artisans
• Where a Student’s work builds directly on the work of another, then the background must be attributed as appropriate
• Before submitting their work, students are advised to consult the course instructor if they have any doubts or questions about what constitute plagiarism, and in particular the level and kind of acknowledgement they may require and is expected of them in written examinations, projects etc.
• Students may discuss assignments among themselves or with their course instructors, facilitators or tutors. However, in producing the actual work, it must be executed by the student alone (unless it is a collaborative assignment).
• When Students’ assignments involve research using outside sources or information‚ Students must acknowledge exactly what‚ where and how they have employed these sources.
• If the words of someone else are used‚ quotation marks around the passage in question must be used. If quoting actual words from a published or unpublished source, including from work of one’s own, students must acknowledge that fact each time by using quotation marks and citing this source in their coursework. There are correct academic conventions for how this is to be done and these conventions must be followed.
• It is not enough to list sources in a bibliography at the end of an essay, thesis or dissertation if the actual quotes in the text are not acknowledged. It is also unacceptable to change some words or the sentences order if, and give the impression that it is one’s own work and not acknowledge the source.
• Students are advised to acknowledge all assistance received on a project/assignment (including peers/ faculty/ experts/ crafts persons/ technicians) and to make clear what their contribution has been.

Penalties for violation of Srishti Manipal Policy of Ethical Conduct and Practice
All Srishti Manipal Students are expected to be familiar with its policy on ethical conduct and practice and to uphold this. Engaging in any form of dishonest practice will affect a Student’s academic standing at Srishti Manipal. It may also involve disciplinary action, which could jeopardize the Student’s enrolment. Srishti Manipal reserves the right to suspend or expel any Student who is found to be:

• Copying or plagiarizes written work, artwork or other assignments and projects of other students or professionals.
• Colluding with other Students to prepare a piece of work jointly, or copying each other’s work, and passing it off as an individual effort.
• Using unauthorized materials in any examination or test

Breaches of regulations will be dealt with under student disciplinary procedures. If an allegation of plagiarism, syndication or cheating is proved, any of the following penalties will be imposed:

• Deduction of marks or rejection of an assignment
• Failure in a module or unit
• Suspension or expulsion

If a Student has any further queries, such clarification should be sought from her or his facilitator/teacher; Course Leader; and/or learning support personnel in Srishti Manipal.

Copyright Policy and Trademarks

All material on this website, including design, text, graphics, interface, audio-visual content, photographs etc and the overall content of this website, unless specified otherwise, are the copyright of the Srishti Manipal Institute of Art, Design and Technology (“SMI”), All Rights Reserved.

Srishti Manipal Institute prohibits the reproduction of material in this website, its modification or distribution, without prior written permission of Srishti Manipal Institute.

Trademarks, service marks, and trade names (collectively the “marks”) related to ‘Srishti Manipal Institute’ are the sole property of the Srishti Manipal Institute Institute of Art, Design and Technology. All other trademarks, product names and company names or logos cited within this website are the property of their respective owners.

The contents of this website are not to be used in any misleading manner, or derogatory/objectionable context.
If referred to as a part of another publication, the source must be appropriately acknowledged.

However, the permission to reproduce this material shall not extend to any material which is identified as being copyright of a third party. Authorisation to reproduce such material must be obtained from the departments/copyright holders concerned, and Srishti Manipal Institute would not be liable for any violation by visitors to this website in this regard.

The Srishti Manipal Institute of Art, Design and Technology (“Srishti Manipal”/ “Institute”)   is committed to protecting the privacy and accuracy of your confidential information to the extent possible, subject to provisions of applicable law.

We do not publish, sell or rent your personal information to third parties for any purpose without your consent, which includes your acceptance of this Privacy Policy (“Privacy Policy”). Please read this Privacy Policy carefully, to learn more about the ways in which we use and protect your personal information. If you do not agree with the contents of this policy, please do not use or access our website.

In particular, we never re-distribute or sell personal information collected on our web servers.

Scope

This Privacy Policy applies to all personal data processed by full-time and part-time employees, volunteers when acting on behalf of Srishti Manipal, contractors and partners doing business on behalf of Srishti Manipal, as well as all legal entities, all operating locations in all countries, and all business processes conducted by Srishti Manipal.

During your registration or usage of the website, you may provide and/or we may access, capture or store various sensitive personal information, personal information or general information or data with respect to your activities or usage on the website.

Certain information or data which you may provide includes:

• Name
• Gender
• Address
• Contact Details i.e. email id, mobile number or other telecommunication number
• Email – user identification for communication purposes
• Password(s) associated with the above user identification
• Passport size photograph
• Aadhar Detail, Passport Information
• Educational Qualification, Extracurricular Activities – sports and other interest, employment detail if any
• Mother, Father and Guardian – name, address, educational qualification, work information and mobile number.

Information Collected

• Personal information: Srishti Manipal Institute of Art, Design and Technology and Srishti Manipal websites may collect personal information such as name, address, e-mail address, telephone number(s), and/or educational interests. Such personal information may be requested by us for research, event registration, or teaching programs, or for administrative purposes.

Information for which we are not responsible

While using the website, you may provide sensitive personal information, or other general information about yourself or in connection with yourself to third parties. The website may have webpages, cookies, files, software, data or other information or communication links that are originated, created or posted by third parties (including advertisers, content or other partners or users) that can or has the capabilities of collecting, storing or using your data / information. We are not responsible for such data or information collected, stored or used by third parties even if such third parties uses the website to collect, store or use such data or information.

Use of information

The data we collect is only used for the following:

• To allow for interaction | We use personal information such as name, physical address, telephone number, email address, and company/institution to engage in interactions with you, including contacting you about your Application and/or registration with Srishti Manipal.
• To provide support or other services | We may use your personal information to provide you with support or other services that you have requested. We may also use your personal information to respond directly to your requests for information, including registrations for newsletters or other specific requests, or pass your contact information to the appropriate Srishti Manipal contact for further follow-up related to your requirements and /or interests.
• To provide information based on your needs and respond to your requests | We may use your personal information to provide you with notices of new educational and program developments.

Retention and Withdrawal

You can control the information we have about you and how we use it in several ways.

For registered users/ students: We retain your personal information only for contractual and legal reasons. If you are a registered user, you can review, revise and correct the personal data that you have provided to us by contacting privacy@srishtimanipalinstitute.in

 

Age of consent

Srishti Manipal does not knowingly collect data from or about children under 16 without the permission of parent(s)/guardian(s). If we learn that we have collected personal information from a child under 16, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under age 16, please contact us.

Confidentiality

Please be rest assured that we treat your personal information and data as strictly confidential.

Data security

We use a variety of methods such as firewalls, intrusion detection software and manual security procedures to secure your data against loss or damage and to help protect the accuracy and security of Personal Data and to prevent unauthorized access or improper use.

Data storage

Your information or data will primarily be stored in electronic form; however, certain data can also be stored in physical form. We may store, collect, process and use your data in countries other than the Republic of India but under full compliance with applicable laws. We may enter into agreement with third parties (in or outside of India) to store your information or data. These third parties may have their own security standards to safeguard your information or data and we will on a commercial, reasonable basis require such third parties to adopt reasonable security standards to safeguard your information / data.

Compliance with laws & law enforcement

Srishti Manipal reserves the right to share your information to respond to duly authorized information requests of governmental authorities or where required by law.

In the event of bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be transferred as part of that transaction. The promises in this Privacy Policy will apply to your information as transferred to the new entity.

Your European Union Privacy Rights

Under the General Data Protection Regulation (Regulation EU 2016/679) (also known as GDPR), if you are an individual protected by the GDPR, you may have certain rights as a data subject. To request information about or avail yourself of those rights, please send an email to privacy@srishtimanipalinstitute.in  with “GDPR Request” in the subject line. In the email please describe with specificity, the GDPR right you are requesting assistance with.  Please note additional information may be requested prior to initiation of a request and that Srishti Manipal reserve the right to charge a fee with respect to certain requests. Upon Srishti Manipal’ s completion of its review, you will be notified if your request has been granted, denied, or exemptions apply.

Your Rights

• To request details of the information we hold about you or if you have provided us with your personal information, but decide at a later date that you no longer want to receive information from us, or if you wish to update us that your contact details have changed or change your preferences, please let us know.
• Information for persons in the EU, EEA or EU citizens:Users in the EU or EU citizens are granted a number of additional rights under the General Data Protection Regulation. These include:
  • The right to rectification;
  • The right to erasure;
  • The right to restrict processing;
  • The right to data portability;
  • The right to object;
  • Rights in relation to automated decision making and profiling.
• For more information on these rights please read the relevant guidance issued by the ICO: https://ico.org.uk/for-organisations/data-protection-reform/overview-of-the-gdpr/
• If you are unhappy with the way we have processed your personal data, please contact us at privacy@srishtimanipalinstitute.in.
• If you remain unhappy with how your complaint is dealt with, you should contact the Information Commissioner’s Office (https://ico.org.uk/). Alternatively, you are entitled to make a complaint to the Information Commissioner’s Office without first referring your complaint to us.

Communication policies

We may use your information or data for various communications to you. You have full control regarding which of these communications you want to receive. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications. Please note that once we receive your request, it may take an additional period of time for your opt-out to become effective.

Deleting your information

If you wish to have the information or data that you have provided to us deleted, you can always do so by sending a request to privacy@srishtimanipalinstitute.in . You may note that deletion of certain information or data may lead to cancellation of your registration with the website and your access to certain features of the website. You also agree and acknowledge that certain data or information cannot be deleted or prohibited to be deleted as required under any applicable law, law enforcement requests or under any judicial proceedings.

Changes

From time to time, we may update or modify this Privacy Policy. Your continued use of the website constitutes an acceptance of the then-current Privacy Policy so we encourage you to visit this page periodically to review any changes.

Governing Law

This Agreement has been executed and delivered in India, and its interpretations, validity and performance shall be construed and enforced in accordance with the laws of India, and shall be subject to the jurisdiction of the COURTS IN BANGALORE.

Disclaimer

Users’ access to the website is at their own risk. This website is provided by Srishti Manipal on an “as is” and “as available” basis. To the full extent permissible by applicable law, cyber site disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Contact

If you have any questions about this Privacy Policy, the practices of the website or your dealings with the website, you can contact us at privacy@srishtimanipalinstitute.in

At the Bengaluru Campus, Srishti Manipal offers its Undergraduate Skill-based Vocational Program, Undergraduate Professional Program, Postgraduate Professional Program, Postgraduate Arts Programs, Integrated Doctoral Program as well as the Doctoral Program

Srishti Manipal emphasis first hand learning through making and managing materials, processes and technologies enabling industriousness as a virtue. To this end, Srishti has a weaving studio with looms and a textile workshop at its Campus. These and other facilities at the campus enable students to research, combine and collaborate craft and technology, acquiring and using the skills of both the craft industry as well as the technologies and processes of the future.