14-year jail for offenders, sanctions for false claims… highlights of tertiary school anti-harassment bill

A sexual harassment prohibition bill for tertiary schools has passed the third reading in the house of representatives.

The bill seeks to prevent, prohibit, and guide redress for sexual harassment affecting students across tertiary educational institutions.

Akin Rotimi, a lawmaker representing Ekiti North 1 (Ikole/Oye) federal constituency at the house, is sponsoring the bill.

In third readings, lawmakers in both assembly chambers typically review a bill’s final version and make amendments.

If approved during the voting process in one chamber, the bill moves to the other chamber for the same process of third reading.

Once both the reps and senate pass the same version of the bill, the proposed legislation is sent to the president for assent.

Where there are differences, a conference committee reconciles them and both chambers reapprove the revised bill before seeking assent.

Below are some highlights from the tertiary institution anti-harassment bill:

Compels tertiary schools to establish an anti-harassment committee

• The bill stipulates that a tertiary institution’s vice-chancellor, provost, rector, or any other administrative head as appropriate must establish a seven-member anti-harassment committee headed by a chairperson.
• The committee must have at least two students, two non-academic staff, and two academic staff members of the institution and shall include at least three females.

Defines what counts as sexual harassment

The bill stipulates that an educator is guilty of an offence if they:

• Engage in any form of unwelcome physical contact or verbal conduct of a sexual nature with a student or prospective student, or demand such conduct regardless of consent.
• Create a hostile, offensive, or intimidating environment for a student by making unsolicited or inappropriate sexual advances, or by requesting sexual favours.
• Direct, facilitate, assist, or encourage another person to engage in any act of sexual harassment as defined.
• Display, send, or distribute sexually explicit or suggestive material, including images, videos, or objects, to a student through any medium.
• Make 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.
• Engage in stalking, persistent following, or unwanted attention directed at a student, which creates an atmosphere of fear or discomfort.

Prescribes up to 14 years in jail for sexual harassment offenders

• For offences 1, 2, and 3 above, the bill says an offender is guilty of a felony and shall be handed a maximum sentence of 14 years and a minimum of five years without an option of a fine if convicted in court.
• For offences 4, 5, and 6, the bill prescribes a sentence of up to five but not less than two years, without an option of a fine upon conviction.

Sanctions administrators disregarding harassment claims

• Prescribes a fine of N5,000,000 or five-year imprisonment for an administrator who fails to create an anti-harassment committee.
• Empower administrators to implement committee-recommended sanctions for false claims of sexual harassment by students.
• Gives administrators 14 days to refer submitted complaints to an anti-harassment committee for a probe.
• Prescribes a sanction of a fine of N5,000,000, imprisonment for a minimum of 2 years, or both for administrators who fail to refer a harassment complaint to the committee within 14 days.

Other elements

• Gives disgruntled students the right to apply to a high court for a judicial review of the final decision of an anti-harassment probe.
• Administrators can only implement sanctions if, after 21 working days of committee recommendation, an educator or student does not file for judicial review.