Download: Anti-Sexual Harassment in Tertiary Institutions Bill, 2019

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The anti-sexual harassment bill is sponsored by Senate Deputy President Senator Ovie Omo-Agege following a BBC investigation that uncovered alleged sexual misconduct by lecturers in Nigeria and Ghana

“Sexual harassment in our campuses is a repugnant challenge to our values as a people. For far too long, sexual predators masquerading as educators have plied the corridors of our nation’s higher institutions unchecked. It will continue in the absence of an appropriate leadership response,” Omo-Agege said while sponsoring the bill.

If the bill becomes a law it would be illegal for lecturers to make any sexual advances towards students.

See excerpt from the bill below

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Objective

1. This Bill 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, by providing for:

(1) protection of students against sexual harassment by educators in tertiary educational institutions; (2) prevention of sexual harassment of students by educators in tertiary educational institutions; and (3) redressal of complaints of sexual harassment of students by educators in tertiary educational institutions.

Relationship of Authority, Dependency and Trust

2. A relationship of authority, dependency and trust shall be construed to exist between an educator and a student in an institution if: (1) the educator is directly or indirectly involved in the full-time or part-time academic training, teaching, advising, supervision and education of the student; or (2) the educator has direct or indirect academic or non-academic authority over the student; or (3) the student depends, directly or indirectly, on the educator in any manner whatsoever.

3. To uphold the Objective of this Bill, an educator shall observe a fiduciary duty of care to every student by not exploiting a student or his/her relationship with a student for personal gains, sexual pleasure, or immoral satisfaction, or in any way whatsoever that violates the sacrosanctity, honour and inviolability of the fiduciary relationship of authority, dependency and trust between him/her and a student.

Offences

4. An educator shall be guilty of committing an offence or a felony of sexual harassment if he/she –

(1) has sexual intercourse with a student or demands for sex from a student or a prospective student; or

(2) intimidates or creates a hostile or offensive environment for the student by soliciting for sex from the student or making sexual advances towards the student; or

(3) directs or induces another person to commit any act of sexual harassment under this Bill, or cooperates in the commission of sexual harassment by another person without which it would not have been committed; or

(4) grabs, hugs, kisses, rubs or strokes or touches or pinches the breasts or hair or lips or hips or buttocks or any other sensual part of the body of a student; or

(5) displays, gives or sends by hand or courier or electronic or any other means naked or sexually explicit pictures or videos or sex related objects to a student; or

(6) whistles or winks at a student or screams or exclaims or jokes or makes sexually complimentary or uncomplimentary remarks about a student’s physique or stalks a student.

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Download bill below

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