Bill 23: Sexual Violence and Misconduct Policy Act is a BC Provincial legislation that requires post-secondary institutions within BC to develop a sexual misconduct policy. These policies must address instances of sexual assault, sexual harassment, stalking, indecent exposure, voyeurism, “revenge porn”, and attempt and threats to commit acts of sexual misconduct (Bill 23, 2016). The policies implemented by post-secondary institutions must “include sexual misconduct prevention and responses to sexual misconduct” (Bill 23,2016). Additionally, the policies must set 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) …show more content…
The bill also requires post-secondary institutions to conduct surveys on the effectiveness of the policies established. Surveys are meant to be completed once every three years or when directed to do so by the minister (Bill 23, 2016). Several amendments were made to the original bill proposed by Andrew Weaver. Bill 23 expands upon the definition of sexual violence that was originally established by Weaver “to include non-consensual distribution of sexually-explicit photos and videos, as well as the threat of sexual misconduct” (Kane,2016b). Additionally, two sections of Weaver’s bill were removed from the Bill that received royal assent. These two sections called for two things; 1) To require universities to collect detailed sexual assault data, and 2) to have penalties created for universities that do not comply (Kane,2016b). These two sections were removed on the grounds that there are legal mechanisms already in place that allow the lieutenant-governor to request information from institutions and impose financial penalties (Kane,2016b).
Each year, to ensure that the implementation of the sexual misconduct policy is done, the President of a post-secondary institution must report to the governing body and the Ministry of Advanced Education (Bill 23,2016). In regards to regulation-making powers they are granted to The Lieutenant …show more content…
The safety of young women on campus has come into the forefront of discussions after concerns that several universities mishandled sexual assault allegations. High profile incidents at Saint Mary’s University, the University of British Columbia and the University of Victoria drew widespread outrage around the normalization around the rape culture that exists on campus. It highlighted the insecurity that exists on campus and the lack of formal mechanisms to deal with the problem (Kane, 2016b). Additionally, incidents like the Stanford sexual assault case involving Brock Turner heightened the concern over campus safety.
Failures of post-secondary institutions to adequately address sexual assault on campus is exemplified by McGill’s consent education initiative. McGill’s response to the sexual assault crisis was to require first year students living in campus residences to participate in a mandatory workshop that discusses consent, sexuality and gender (Khosroshaby,2016). The issue with consent education is that it overshadows and supersedes institutional transparency and accountability