Sexual Violence and Misconduct Policy Act

Sexual Violence and Misconduct Policy Act 23 2016 May 19, 2016 1527898742/809013415/1416191246 E4tlc16023 Definitions 1 In this Act: post-secondary institution means an institution established or continued under one of the following Acts: a the College and Institute Act ; b the Royal Roads University Act ; c the Thompson Rivers University Act ; d the University Act ; sexual misconduct includes the following: a sexual assault; b sexual exploitation; c sexual harassment; d stalking; e indecent exposure; f voyeurism; g the distribution of an intimate image, within the meaning of the Intimate Images Protection Act , without the consent of the individual depicted in the image; h the attempt to commit an act of sexual misconduct; i the threat to commit an act of sexual misconduct; student , in relation to a post-secondary institution, means a person who is enrolled at that post-secondary institution. Requirement for policy 2 1 A post-secondary institution must establish and implement a sexual misconduct policy that a addresses sexual misconduct, including sexual misconduct prevention and responses to sexual misconduct, b sets out procedures for the following: i making a complaint of sexual misconduct involving a student; ii making a report of sexual misconduct involving a student; iii responding to a complaint of sexual misconduct involving a student; iv responding to a report of sexual misconduct involving a student, and c addresses any other matter prescribed by regulation. 2 A post-secondary institution must make the post-secondary institution's sexual misconduct policy publicly available on an internet site maintained by or on behalf of the post-secondary institution. Review of policy 3 1 A post-secondary institution must review its sexual misconduct policy a at least once every 3 years, and b when directed to do so by the minister. 2 A post-secondary institution must a determine whether its sexual misconduct policy requires amendments based on a review under subsection (1), and b if the post-secondary institution determines amendments are required, make those amendments. 3 For the purposes of subsection (1) (a), the first 3-year period begins on the date that a post-secondary institution establishes its first sexual misconduct policy under section 2. Consultation 4 A post-secondary institution must consult with students and with prescribed persons or prescribed classes of persons, if any, when the post-secondary institution a establishes its first sexual misconduct policy under section 2, and b reviews its sexual misconduct policy under section 3 (1). Survey 5 1 The minister may direct a post-secondary institution to conduct a survey for the purpose of assessing the effectiveness of its sexual misconduct policy. 2 If the minister directs a post-secondary institution to conduct a survey under subsection (1), the minister may specify the following: a who the post-secondary institution must include in a survey; b the date by which the post-secondary institution must submit the survey results to the minister; c questions that the post-secondary institution must include in the survey; d the manner in which the post-secondary institution must conduct the survey. 3 If the minister directs a post-secondary institution to conduct a survey under subsection (1), the post-secondary institution must a conduct the survey, b comply with any matters specified by the minister under subsection (2), and c submit the survey results to the minister on or before the date specified by the minister, if any, under subsection (2). Report to governing body 6 1 In this section, governing body , in relation to a the College and Institute Act , means the board of an institution within the meaning of that Act, b the Royal Roads University Act , means the board of governors of Royal Roads University, c the Thompson Rivers University Act , means the board of governors of Thompson Rivers University, and d the University Act , means the board of governors of a university within the meaning of that Act. 2 Each year, the president of a post-secondary institution must report to the governing body on the implementation of the post-secondary institution's sexual misconduct policy. Regulation-making powers 7 1 The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act . 2 Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows: a respecting any matter for which regulations are contemplated by this Act; b for the purposes of section 2 (1) (b), respecting procedures for how a post-secondary institution responds to a complaint of sexual misconduct involving a student or a report of sexual misconduct involving a student; c for the purposes of section 4, establishing requirements for a post-secondary institution when consulting on its sexual misconduct policy. 3 In making a regulation under this Act, the Lieutenant Governor in Council may a make different regulations for different post-secondary institutions, sexual misconduct policies, surveys, persons, matters, circumstances, events or things, b establish different classes of post-secondary institutions, sexual misconduct policies, surveys, persons, matters, circumstances, events or things, and c make different provisions, including exceptions, for different classes referred to in paragraph (b). Transition — existing policies 8 1 If, on the date this section comes into force, a post-secondary institution has a policy that complies with section 2 (1), the policy is deemed to be a sexual misconduct policy for the purposes of this Act. 2 For the purposes of section 3 (1) (a), the first 3-year period for a policy deemed to be a sexual misconduct policy under subsection (1) of this section begins on the date this section comes into force. Consequential Amendments 9-10 [Note: See Table of Legislative Changes for the status of sections 9 and 10.] Section(s) Affected Act 9 College and Institute Act 10 University Act Commencement 11 This Act comes into force on the date that is one year after the date of Royal Assent.