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The Sexual Violence Awareness and Prevention Act (Advanced Education Administration Act and Private Vocational Institutions Act Amended)

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S.M. 2016, c. 20

Bill 15, 1 st Session, 41st Legislature

The Sexual Violence Awareness and Prevention Act (Advanced Education Administration Act and Private Vocational Institutions Act Amended)

(Assented to November 10, 2016)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

PART 1

THE ADVANCED EDUCATION ADMINISTRATION ACT

C.C.S.M. c. A6.3 amended

1           The Advanced Education Administration Act is amended by this Part.

2           The following is added after section 2.1 and before the centred heading that follows it:

SEXUAL VIOLENCE POLICIES

Definitions

2.2(1)      The following definitions apply in this section.

"board" means the board of an institution that is subject to this section, and includes the board of governors, board of regents, governing council or any other body that exercises the powers that are normally exercised by the board of directors of such an institution. (« conseil »)

"sexual violence" means any sexual act or act targeting a person's sexuality, gender identity or gender expression — whether the act is physical or psychological in nature — that is committed, threatened or attempted against a person without the person's consent, and includes sexual assault, sexual harassment, stalking, indecent exposure, voyeurism and sexual exploitation. (« acte de violence à caractère sexuel » ou « violence à caractère sexuel »)

Application

2.2(2)      This section applies to the following institutions:

(a) a university and a college;

(b) the Manitoba Institute of Trades and Technology continued under The Manitoba Institute of Trades and Technology Act;

(c) an institution that is authorized to grant a degree under The Degree Granting Act.

Sexual violence policy

2.2(3)      In accordance with this section, a board must adopt and implement a policy for its institution that

(a) raises awareness of sexual violence, including sexual violence through the use of social media or other forms of digital communications;

(b) addresses issues related to consent in respect to persons engaging in sexual activities;

(c) includes provisions respecting the prevention and reporting of incidents of sexual violence;

(d) addresses training on the issues of sexual violence; and

(e) establishes complaint procedures and response protocols for incidents of sexual violence.

Development and content of policy

2.2(4)      In respect of an institution's sexual violence policy, the board must ensure that

(a) the policy is

(i) developed in consultation with the students,

(ii) culturally sensitive and reflects the perspectives of those most vulnerable to sexual violence, and

(iii) easily accessible to students and others in the institution's educational community;

(b) students and others in the institution's educational community are informed of the services and procedures that are in place under the policy to prevent and respond to sexual violence;

(c) the institution's activities under the policy and the results of those activities are reported to the public; and

(d) the policy and the institution's activities related to the policy comply with the regulations made under clause 12(b.1).

Four-year review

2.2(5)      Within four years after a board adopts its policy under this section, and within each subsequent four-year period after that, the board must undertake a comprehensive review of the policy that includes consultations with students.

3           The following is adding after clause 12(b):

(b.1) in respect of a sexual violence policy that must be adopted and implemented by an institution that is subject to section 2.2,

(i) governing issues that must be addressed and content that must be included in the policy,

(ii) governing processes that must be followed and consultations that must be carried out in updating the policy, and

(iii) governing the form, manner and frequency in which the activities engaged in and the results achieved under the policy are to be reported to the public;

PART 2

THE PRIVATE VOCATIONAL INSTITUTIONS ACT

C.C.S.M. c. P137 amended

4           The Private Vocational Institutions Act is amended by this Part.

5           The following is added after clause 4(1)(d):

(d.1) the applicant has adopted a sexual violence policy that complies with section 13.1 and the regulations;

6           Subsection 5(2) is amended by striking out "or" at the end of clause (a), adding "or" at the end of clause (b) and adding the following after clause (b):

(c) the registrant has failed to comply with section 13.1 (sexual violence policy).

7           The following is added after section 13 and before the centred heading that follows it:

SEXUAL VIOLENCE POLICIES

Sexual violence policy

13.1(1)     In accordance with this section, a registrant must adopt and implement a policy that

(a) raises awareness of sexual violence, including sexual violence through the use of social media or other forms of digital communications;

(b) addresses issues related to consent in respect to persons engaging in sexual activities;

(c) includes provisions respecting the prevention and reporting of incidents of sexual violence;

(d) addresses training on the issues of sexual violence; and

(e) establishes complaint procedures and response protocols for incidents of sexual violence.

Development and content of policy

13.1(2)     In respect of a registrant's sexual violence policy, the registrant must ensure that

(a) the policy is

(i) developed in consultation with the students,

(ii) culturally sensitive and reflects the perspectives of those most vulnerable to sexual violence, and

(iii) easily accessible to students and others in the private vocational institution's educational community;

(b) students and others in the private vocational institution's educational community are informed of the services and procedures that are in place under the policy to prevent and respond to sexual violence;

(c) the registrant's activities under the policy and the results of those activities are reported to the public; and

(d) the policy and the private vocational institution's activities related to the policy comply with the regulations made under clause 23(q.1).

Four-year review

13.1(3)     Within four years after a registrant adopts its policy under this section, and within each subsequent four-year period after that, the registrant must undertake a comprehensive review of the policy that includes consultations with students.

Definition

13.1(4)     In this section, "sexual violence" means any sexual act or act targeting a person's sexuality, gender identity or gender expression — whether the act is physical or psychological in nature — that is committed, threatened or attempted against a person without the person's consent, and includes sexual assault, sexual harassment, stalking, indecent exposure, voyeurism and sexual exploitation.

8           The following is adding after clause 23(q):

(q.1) in respect of a sexual violence policy that must be adopted and implemented by a registrant,

(i) governing issues that must be addressed and content that must be included in the policy,

(ii) governing processes that must be followed and consultations that must be carried out in updating the policy, and

(iii) governing the form, manner and frequency in which the activities engaged in and the results achieved under the policy are to be reported to the public;

PART 3

COMING INTO FORCE

Coming into force

9           This Act comes into force on a day to be fixed by proclamation.