Law4u - Made in India

Can A Student File A Case Against Faculty Members For Misconduct?

Answer By law4u team

Faculty misconduct—whether it involves harassment, abuse of power, discrimination, or unethical behavior—can severely affect a student’s academic journey and mental well-being. Indian laws and university systems provide mechanisms for students to seek redressal and hold faculty members accountable.

Steps to Take When Facing Faculty Misconduct

Document the Incident: Keep records of messages, emails, voice notes, or witness testimonies related to the misconduct.

File a Complaint with University Authorities: Most universities have an Internal Complaints Committee (ICC) (for sexual harassment) or a Grievance Redressal Cell for academic or behavioral complaints. Students can submit a written complaint to these bodies.

Escalate to Higher Education Regulators: If the university does not act fairly or promptly, students can write to:

  • University Grants Commission (UGC)
  • AICTE (for technical institutions)
  • State Higher Education Council

File an FIR: If the misconduct involves criminal acts such as sexual harassment, assault, caste-based discrimination, or threats, students can directly file a First Information Report (FIR) with the police.

Approach Human Rights or Women’s Commission: In cases involving severe rights violations, students can approach the National/State Human Rights Commission or Women’s Commission for intervention.

Legal Consultation: If the institution fails to act, students may consult a lawyer and file a writ petition in the High Court under Article 226 for violation of their fundamental rights.

Legal Protections and Remedies

Sexual Harassment: Covered under the POSH Act, 2013 and handled by the ICC.

Mental Harassment or Threats: Covered under IPC Sections like 503 (criminal intimidation), 506 (punishment for criminal intimidation).

Discrimination or Abuse of Power: May fall under UGC anti-ragging and anti-discrimination policies or Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act if caste-based.

Academic Misconduct: Students can raise the matter through university grievance mechanisms or file appeals to education tribunals or ombudsmen.

Example

A postgraduate student reports that her professor is demanding favors for thesis approval and using derogatory language in class.

She files a written complaint with the university’s Internal Complaints Committee (ICC), which initiates an inquiry.

Simultaneously, she files an FIR under IPC Sections 354A (sexual harassment) and 509 (outraging modesty).

Upon confirmation of the charges, the professor is suspended and legal proceedings begin.

The student also contacts the UGC for institutional inaction and receives counseling support from the university.

Our Verified Advocates

Get expert legal advice instantly.

Advocate B Venkat Ramesh Kumar

Advocate B Venkat Ramesh Kumar

Cheque Bounce, Civil, Consumer Court, Cyber Crime, Court Marriage, Criminal, Anticipatory Bail, Divorce, Documentation, Family, Landlord & Tenant, Property, Bankruptcy & Insolvency

Get Advice
Advocate Gandra Deenadayal

Advocate Gandra Deenadayal

Cheque Bounce, Civil, Criminal, Divorce, Documentation, Domestic Violence, Family, Landlord & Tenant, Recovery, Succession Certificate, Revenue, Wills Trusts, Arbitration

Get Advice
Advocate Rohini Shantanu Rakshe

Advocate Rohini Shantanu Rakshe

Consumer Court, Family, Divorce, High Court, Breach of Contract, Domestic Violence, Documentation, Succession Certificate, Civil

Get Advice
Advocate Gaurav Rastogi

Advocate Gaurav Rastogi

Anticipatory Bail, Arbitration, Banking & Finance, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Domestic Violence, High Court, Revenue

Get Advice
Advocate Gupteshwar Kumar

Advocate Gupteshwar Kumar

Anticipatory Bail, Arbitration, Breach of Contract, Cheque Bounce, Consumer Court, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Labour & Service

Get Advice
Advocate Sumit Kumar Yadav

Advocate Sumit Kumar Yadav

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, Labour & Service, Medical Negligence, Motor Accident, R.T.I, Succession Certificate, Wills Trusts, Revenue

Get Advice
Advocate Gohel Akshaykumar Prakashbhai

Advocate Gohel Akshaykumar Prakashbhai

Criminal, Divorce, Court Marriage, Civil, Family

Get Advice
Advocate Rakesh Raj Singh

Advocate Rakesh Raj Singh

Anticipatory Bail, Banking & Finance, Breach of Contract, Cheque Bounce, Consumer Court, Criminal, Cyber Crime, Divorce, GST, Family, High Court, Succession Certificate

Get Advice

Education Law Related Questions

Discover clear and detailed answers to common questions about Education Law. Learn about procedures and more in straightforward language.