To address cases of sexual harassment in the nation’s tertiary institutions, the House of Representatives on Wednesday passed “A Bill for an Act to prevent, prohibit and redress sexual harassment of students in tertiary educational institutions and related matters connected therewith.”
The proposed law proposed 14 years imprisonment for convicted offenders and five years imprisonment or a N5m fine for heads of institutions that refused to act on complaints of sexual harassment by students.
Addressing journalists in Abuja 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.”
According to him, the bill aims to “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.”
Speaking 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.
“Creates a hostile, offensive, or intimidating environment for a student by making unsolicited or inappropriate sexual advances, or by requesting sexual favours.
“Directs, facilitates, assists, or encourages another person to engage in any act of sexual harassment as defined under this ill.
“Displays send or distribute any form of sexually explicit or suggestive material, including images, videos, or objects, to a student through any medium.
“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 proposed legislation, “Any person who commits any of the offences or acts specified in clause 4 (1), (2) and (3) of this 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 five 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 N5m 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.”