FOSPAH Dismisses Lecturer’s Appeal in Harassment Case, Upholds University’s Termination Decision

ISLAMABAD – : In a significant ruling, the Federal Ombudsperson for Protection Against Harassment at the Workplace (FOSPAH) has dismissed an appeal filed by a lecturer from a federally-chartered public sector university, reaffirming the findings of an internal inquiry committee that found him guilty of sexually harassing multiple students.

Federal Ombudsperson Fauzia Waqar, in a detailed written order, underscored the principle that in cases of workplace harassment — particularly where a student accuses a teacher — the burden of proof lies on the accused due to the inherent power imbalance. “The teacher, being in a dominant, commanding, and authoritative position, is obligated to clarify his position and refute the allegations,” the order stated.

Dismissing Appeal No. 143, the Ombudsperson ruled that personal appearance of the complainant is not mandatory under the Protection Against Harassment of Women at the Workplace Act, 2010. “It is nowhere provided in the Act that the complainant has to appear in person for the recording of her statement or for cross-examination,” Waqar noted, adding, “Sexual harassment is not about sex. It is about power.”

The ruling also pointed to the appellant’s refusal to provide access to his mobile phone, which was deemed “a crucial piece of evidence.” Citing Section 5 of the 2010 Act, the Ombudsperson emphasized that internal inquiry committees have full authority to demand documentary, audio, or video evidence necessary for the investigation.

Highlighting the importance of safe learning environments, the order concluded that the university’s decision to impose the major penalty of termination from service was appropriate and justified. “A teacher who engages in harassment of multiple students has no place in an educational institution,” Waqar stated.

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The decision marks a strong reaffirmation of institutional responsibility in addressing harassment complaints and reinforces the legal authority of inquiry committees under the 2010 Act.