1st Session, 63rd General Assembly
66 Elizabeth II, 2017
First Reading: September 26, 2017
WHEREAS colleges and universities should be accountable for any sexual violence against their students;
AND WHEREAS colleges and universities should be more transparent regarding complaints and incidents of sexual violence reported by their students;
AND WHEREAS sexual violence policies should include a complaints procedure and response protocols and be readily available to students;
THEREFORE be it enacted by the Governor and Assembly as follows:
1 This Act may be cited as the Sexual Violence Action Plan Act.
2 In this Act,
(a) "institution" means a college, university or private career college;
(b) "private career college" has the same meaning as in the Private Career Colleges Act;
(c) "student" means an individual registered as a student in an institution.
3 Within six months of the coming into force of this Act, each college, university and private career college shall develop a sexual violence policy that addresses sexual violence involving any of its students.
4 The development of a sexual violence policy under Section 3 and the review of it under Section 8 must include student input.
5 (1) A sexual violence policy must establish processes for
(a) a student to make a complaint; and
(b) a student to report an incident,
of sexual violence.
(2) The complaints and reporting process established under subsection (1) must be made readily available to students and be posted on the institution's website.
6 A sexual violence policy must establish the response protocols for the institution when a complaint or report of sexual violence is made.
7 A college or university must have supports available on a 24-hour basis for students who experience sexual violence.
8 (1) An institution shall establish a committee composed of equal numbers of representatives of the institution and its students to review its sexual violence policy at least once every three years.
(2) The committee established under subsection (1) shall consider and make recommendations regarding the implementation and effectiveness of the sexual violence policy.
(3) The institution shall make such amendments as recommended by the committee.
9 (1) An institution shall collect the following information:
(a) the number of times supports, services and accommodations relating to sexual violence are
by its students;
(b) the number and type of complaints of sexual violence made; and(c) the number and type of reports of sexual violence made.
(2) An institution shall make public
(a) the information collected under subsection (1) without disclosing any personal information within the meaning of the Freedom of Information and Protection of Privacy Act;
(b) any initiatives and programs it establishes to promote awareness of the supports and services available to its students; and
(c) the recommendations and amendments made under subsections 8(2) and 8(3).
10 Subsection 11B(2) of Chapter 14 of the Acts of 1989, the Victims' Rights and Services Act, is repealed and the following subsection substituted:
(2) Notwithstanding subsection (1), an application for compensation in respect of a sexual assault may be made at any time.