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This Act is current to October 11, 2017
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Sexual Violence and Misconduct Policy Act

[SBC 2016] CHAPTER 23

Assented to May 19, 2016

Contents
1Definitions
2Requirement for policy
3Review of policy
4Consultation
5Survey
6Report to governing body
7Regulation-making powers
8Transition – existing policies
9-10 Consequential Amendments
11Commencement

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 a sexually explicit photograph or video of a person to one or more persons other than the person in the photograph or video without the consent of the person in the photograph or video and with the intent to distress the person in the photograph or video;

(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

[Note: See Table of Legislative Changes for the status of sections 9 and 10.]

Section(s)Affected Act
9College and Institute Act
10University Act

Commencement

11  This Act comes into force on the date that is one year after the date of Royal Assent.