Reps Pass Tertiary Institutions Sexual Harassment Bill, Propose Jail Term

The House of Representatives on Wednesday passed through the third reading “A bill for an act to prevent, prohibit and redress sexual harassment of students in tertiary educational institutions and related matters connected therewith”.

The bill proposed 14 years imprisonment for those convicted of the offences and 5 years imprisonment or N5 million fine for heads of institutions that refused to act on complaints of sexual harassment by students.

Briefing the media on the intent of the bill, the sponsor and spokesperson for the House, Akin Rotimi said “It is enacted to promote and protect ethical standards in tertiary education, the sanctity of the student-educator fiduciary relationship of authority, dependency and trust and respect for human dignity in tertiary educational institutions”

He said the bill aims at “Provide for the protection of students against sexual harassment by educators in tertiary educational institutions;

“Prevention of sexual harassment of students by educators in tertiary educational institutions; and redressal of complaints of sexual harassment of students by educators in tertiary educational institutions”

On what constitutes a sexual offence, the bill provides that “An educator shall be guilty of committing an offence or a felony of sexual harassment if he/she engages in any form of unwelcome physical contact or verbal conduct of a sexual nature with a student or prospective student, or demands such conduct, regardless of consent; or

“Creates a hostile, offensive, or intimidating environment for a student by making unsolicited or inappropriate sexual advances, or by requesting sexual favours; or

“Directs, facilitates, assists, or encourages another person to engage in any act of sexual harassment as defined under this Bill; or

“Displays sends, or distributes any form of sexually explicit or suggestive material, including images, videos, or objects, to a student through any medium; or

“Makes verbal or non-verbal remarks, comments, or gestures of a sexual nature, or any remarks or conduct intended to degrade, humiliate, or body shame a student based on their physical appearance; or

“Engages in stalking, persistent following, or any form of unwanted attention directed at a student, which creates an atmosphere of fear or discomfort”.

According to the bill, “Any person who commits any of the offences or acts specified in Clause 4 (1), (2) and (3) of this Bill is guilty of an offence of felony and shall, on conviction, be sentenced to an imprisonment term of up to 14 years but not less than 5 years, without an option of a fine”.

The bill also provides that “An administrative head of an institution who fails to comply with the provisions of sub-clauses (1) and (2) of this Clause of this Bill is guilty of an offence and shall be liable on conviction to a minimum fine of N5,000,000 or imprisonment for 5 years, or both”

Similarly, “Any person who commits any of the offences or acts specified in Clause 4 (4), (5) and (6) of this Bill is guilty of an offence and shall be liable on conviction to an imprisonment term of up to 5 years but not less than 2 years, without an option of a fine”