CAMPUS INFRA - WHAT’S WORLD UNIVERSITY CONSULTING JOB GONE & WHAT’S ON RANKINGS & IITB - CAN YOU? YOU CALCULATE. insighwww.insightiitb.orgt IIT BOMBAY STUDENT MEDIA BODY | ESTD 1997 | VOLUME XVII · ISSUE I | OCT 2013 | PAGES 12 PAGE 2-3 PAGE 4-5 PAGE 12 Students have claimed that the complainant faculty primary role is seen as making the committee aware members are usually present in the committee room of the general perspective of the students that might during the decision making process. Once as conclu- be elusive to the faculty members. The student rep- sion is reached, a report is prepared stating the guilt resentatives might get intimidated since resisting and the recommended punishment, and is forwarded against the decisions of the committee might affect A Critique of DAC to the Director for approval. the cordial relationship with the Dean which natural- ANISH GUPTA, CS PRAKHYAT, DARSHIL RaMBHIA, ly essential to the successful discharge of their rou- DIVYESH MISTRY, NIVVEdaN S, RaHUL MagaNTI, Though the above process might seem harmless, We tine responsibilities. VaRDHMAN KUMAR, VaSUDHA KOTIA noticed numerous flaws in the current system based n popular perception, DAC is the stick used on conversations with various stakeholders. The is- InsIghT feels that Student Representatives should be to make students toe the line, not very unlike sues are described first and InsIghT’s recommenda- more empowered in the present set-up to ensure that Imonsters being used to discipline children. tion to address the problem is given subsequently in a proper, unbiased discussion is initiated. At the very However, since very few students ever face a DAC, italicized text. least, this empowerment can be given by numbers in what actually goes on in there is a mystery to most. student representation. Given the pressure that the Having received a few complaints from DACed stu- Problems and Recommendations General Secretaries face to maintain cordial rela- dents regarding the proceedings in the committee, tions with the Dean, we also feel that it isn’t desirable InsIghT set out to find the regulations governing the Lack of a proper constitution or a to have a situation where the General Secretaries are Disciplinary Action Committee and what really goes description of the due processes the only student representatives. on in a typical DAC. Although there do exist old, battered pieces of paper describing the DAC, they all lack a few critical com- The process of guilt establishment and a We must admit at the outset that dishonesty or gross- ponents - A description of the full due process to be level playing field ly improper conduct must indeed be dealt with strict- followed in a DAC hearing, the formal process of es- There is no formal process followed for establishing ly. DAC is hardly the most potent tool to promote an tablishing guilt, the rights enjoyed by the defendant the guilt against a student. A student against whom atmosphere of honesty (changes in pedagogy, exami- and the match between the offence and penalty. the charges are framed, is asked to leave the place nation principles, etc. would serve much better). But after a preliminary inquiry. However, students claim even those accused of the most heinous crimes need It is conceivable that the decisions are taken as per that the complainant faculty member remains in the to be held innocent, and this article will nitpick on the the collective wisdom of the faculty panel present in room and takes part in the debate and discussion over present situation to head towards a system which is the committee. It is also conceivable that the faculty the guilt. If that is true, this clearly violates the first fair and trustworthy. members do set store by precedence and circum- principle of Natural Justice - No one shall be a judge stance. However, one is bound to wonder whether the in their own cause. The presence of the complainant in the committee presents a clear duress to the com- Quick facts about DAC and ADAC mittee members where they might have to take a call against the wishes of a colleague. DAC ADAC Passed by We feel that it is not fair on part of the committee to Senate on April 2nd, 1986 (94th Senate) 1997 (137th Senate) award this special status to the complainant, which is not granted to the defendant. It should also be ac- Chair Dean SA Dean AP tively ensured that all the members of the committee are disinterested parties. The defendant must also Committee Asso. Dean SA, An HOD, GSHA, Dean SA, Asso. Dean AP, Two be allowed to declare if there is an interested party Members Secretary (HGSC), SC/ST FacAd HODs, UG/PG APEC Convenor, present in the committee and appropriate action be GSAA UG/PG, SC/ST FacAd taken, guaranteeing that the defendant would not face any backlash for it. DAC is often used to refer to both the Disciplinary collective wisdom of faculty members always match- Action Committee (DAC) and its sister, the Academic es with the course of natural justice, particularly Right to an impartial trial and transparency Disciplinary Action Committee (ADAC). The former is when emotions or relationships are involved, where a People who are DACed have claimed that they’re chaired by the Dean SA and the latter by the Dean AP. generational gap might make the verdict go the either often very nervous and are intimidated by the com- There is one student representative in each - GSHA in way. Making punishments subject to the moral values mittee at that moment. Even when there are DAC the former and GSAA in the latter. Since we haven’t rather than a predefined code always has its risks. proceedings against freshmen, who are likely to be found major differences between their proceedings, easily intimidated, no affirmative action is taken, say we shall all use DAC to refer to both of them, unless To understand the mission and proceedings of a DAC, the ISMP heads. They feel that his/her mentor should otherwise mentioned. InsIghT spoke to our Director, Prof Devang Khakhar. be asked to sit in the DAC Committee along with the He says that ensuring that the guilty don’t go unpun- SMP Faculty Coordinator. What goes on in a typical DAC? ished is a prime concern for him. He also noted that From top to bottom following all formal processes in a DAC similar to a We feel that the defendant should be given an option There exists a two-decade old document* which out- legal procedure would take a lot of time. The Director to bring in another person to argue in defence. They lines the composition and the disciplinary offences awaits the recommendations of the ethics committee should also be allowed to bring in witnesses to the which could warrant a DAC. However, it does not de- on the issue of how to deal with Academic Dishones- committee proceedings to ensure transparency. The scribe the exact due processes to be followed in the ty. Ex-Dean SA, Prof. Gopalan says, “We take the deci- right of a free and fair trial and the right to a proper hearing itself for the establishment of guilt. While the sions based on precedence and circumstance” On the defense is essential for justice. document does list out penalties in categories, even a same issue, the Dean AP, Prof. Shiva Prasad has this loose specification is missing as to which offence at- to say. “I haven’t read the ADAC Constitution thor- To be able to trust and follow the rules laid down by a tracts what penalty. oughly, but we generally follow the precedence set.” system, it is essential to be able to believe that the sys- The Dean SA says, “DAC functions under the rules of tem is just. There have also been claims of students In case of a perceived disciplinary breach, a com- natural justice but not in the way the trials are under- being threatened to be DACed as a means of satisfy- plaint is registered against a student by faculty or taken by the court of law.” ing personal vendetta. Assuring students that the sys- other institute functionaries and brought to the notice tem cannot be misused to harm them of the Dean. The Dean then analyses the case to take To establish any fair judicial process, a formally draft- is very essen- tial. Administrative a call on whether it is DAC-worthy. If yes, a DAC is ed constitution describing the functions, authority of ease and time constraints cannot then convened. It is to be noted that the student is not the constituted committee and a description of the ever be ex- cuses for injustice always notified of the exact charges against him/her due process should be laid down and publicised as being done even to a single in order to prepare for a defence. and when relevant. student. Protecting the innocent must be During the DAC meeting, the defendant is first asked Role of Student Representatives the top- if s/he knows why s/he is there, following which the When asked about the role of students’ representa- most pri- complainant and the defendant are heard and ques- tives in the ADAC, the Dean AP says that they will ority of a n y tioned. The defendant is then asked to leave and the act as mediators between the student body and the justice system, DAC included. committee then discusses the guilt and punishment. administration and not as defence attorneys. Their *Document available at www.tinyurl.com/DACRules INSIGHT is the students’ newsletter of IITBombay.