Wednesday, 8 February 2017

Sexual Harassment Bill, 2016 (Part 4)

REVIEW OF SEN. T.A ORJI'S BILLS AT THE SENATE


This bill was sponsored by Sen. Ovie Omo-Agege (LP), Senator Theodore Ahamefule Orji and 44 other senators; this bill seeks to criminalize any form sexual relations between lecturers and students of tertiary institutions in Nigeria. It is the Senate’s answer to the nagging problem of randy lecturers in schools.

BELOW IS THE CONTINUATION OF THE DETAILS
(9) A Sexual Harassment Prohibition Committee shall judiciously and fairly exercise its discretion with regards to the number of witnesses that may be allowed to testify during its proceedings. (10) The decision of the Sexual Harassment Prohibition Committee which shall be in writing shall be by a simple majority. (11) Where the complaint of a student is made out, the Sexual Harassment Prohibition Committee may recommend to the administrative head the dismissal of the educator or any other appropriate sanction such as reduction in rank of the educator concerned. (12) Where it is shown at the conclusion of the Sexual Harassment Prohibition Committee’s proceedings that the complaint was false or was made with malice, the committee may recommend to the administrative head appropriate sanction against the student which may include dismissal of the student from the institution or other appropriate sanction which may include suspension for up to one year. (13) A Sexual Harassment Prohibition Committee shall deliver its decision in writing within thirty (30) days from the date of its inauguration by the administrative head.
Judicial Review

13. An educator or a student shall be entitled to apply to a High Court for judicial review of the decision of a Sexual Harassment Prohibition Committee if the educator or student is dissatisfied with that decision or part thereof. Criminal Liability of Administrative Head
14. Where before the commencement of criminal proceeding under this Act for sexual harassment, a student has made a formal complaint in writing to the administrative head of the institution complaining of sexual harassment against an educator, it shall be an offence for the administrative head to fail or neglect to set up a Sexual Harassment Prohibition Committee to look into the complaint within seven (7) working days of receipt of the complaint.
15. An administrative head who is guilty under Section 13 of this Act shall, upon conviction, be sentenced to not less than two (2) years imprisonment or a fine of not less than N2,000,000.00) or both.
Liability for false Complaint
16. Where a complaint has been made to an administrative head and a Sexual Harassment Prohibition Committee has been set up, if after completion of its proceedings, the Committee determined that the complaint is false, the Committee may, recommend sanctions to the administrative head against the student, including dismissal of the student from the institution.
17. An administrative head shall implement the recommendations of a Sexual Harassment Prohibition Committee if, after seven (7) working days of the decision or recommendations of a Sexual Harassment Prohibition Committee, an educator or student did not bring an action in Court for a judicial review of the recommendations.
18. Where criminal proceedings are commenced and concluded under Section 7 of this Act and the educator is discharged and acquitted of the charge on the ground not only that the prosecution failed to prove its case but that the allegation was false, the Attorney-General may recommend to the administrative head sanctions to be meted out to the student, including dismissal from the institution. Protection of Students from Victimization
19. The administrative head of an institution shall ensure that a student who makes a sexual harassment complaint pursuant to this Act is adequately protected and not subjected to any form of victimization by the educator who is complained against or any other educator within the institution or in another institution during the pendency of any civil, criminal or internal institutional disciplinary proceedings initiated under this Act.
20. An educator in the institution in question or in another institution who victimizes a student in respect of any complaint under this Act shall be liable to the same criminal sanctions, disciplinary punishment or damages as the educator whom the student originally complained against.
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