The Sexual Harassment in Tertiary Educational Institution Bill, 2019 (SB 77) passed for second reading in the Senate on Wednesday, 6 November 2019. The Bill, which is sponsored by the Deputy Senate President, Sen. Ovie Omo-Agege (APC:Delta) seeks to prevent and prohibit sexual harassment in Tertiary Educational Institutions by providing a statutory framework with disciplinary procedures and criminal sanctions to address the cases of the scourge.
Leading the debate on the Bill, Sen. Ovie Omo-Agege (APC:Delta) informed lawmakers that the Bill was intended to curb sexual harassment in tertiary institutions and deter individuals that intend to exploit the vulnerability of students by providing appropriate penalties. He however stated that the Bill’s provisions were limited to tertiary institutions since fiduciary relationships existing between teachers and students in primary and secondary schools and employers and employees was already covered in the Criminal and Penal Codes and other existing legislation.
Speaking further, the Deputy Senate President enumerated that the sanctions of the Bill would extend to students who falsely accuse educators of sexual harassment. The Bill prescribes expulsion for those students in that instance. An analysis of the Bill during the lead debate touched on the legal implication of the Bill’s passage into law which includes an elevation of cases of sexual harassment in tertiary institutions to the status of Statutory Rape or a Strict Liability Offence to offer better protection to students.
He gave a breakdown of the contents of the Bill, which comprises of 27 Clauses as follows:
- Clause 1, which outlines the Objectives of the Bill;
- Clauses 2 and 3, which deals with the Relationship of Authority, Dependency and Trust;
- Clauses 4, 5 and 6, which deals with Offences constituting Sexual Harassment;
- Clauses 8 to 14, which deals with the Commencement of Criminal Proceedings, Penalty and Civil Action;
- Clause15, which deals withInstitutional Disciplinary Measures;
- Clause 16, which deals with an Independent Sexual Harassment Prohibition Committee;
- Clause 17, which deals with Institutional Disciplinary Procedure;
- Clause 18, on Judicial Review;
- Clauses 19 and 20, whichspells out the Criminal Liability of Administrative Head;
- Clauses 21 and 22, which deals with the Liability of False Compliant;
- Clauses 23, 24 and 25, which deals with the Protection of Students from Victimization
- Clause 26, which Defines certain Terms; and
- Clause 27, which contains theCitation (Shortitle)
The Bill which is co-sponsored by 105 Senators has been referred to the Committee on Judiciary, Human Rights and Legal Matters for further legislative action.
Click here to view the Lead Debate on the Bill and here for the Bill
