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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a college to adopt a sexual harassment |
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policy. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.282(a), Education Code, is amended to |
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read as follows: |
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(a) Each postsecondary educational institution shall adopt |
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a policy on sexual harassment, sexual assault, dating violence, and |
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stalking applicable to each student enrolled at and each employee |
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of the institution. The policy must: |
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(1) include: |
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(A) definitions of prohibited behavior; |
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(B) sanctions for violations; |
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(C) the protocol for reporting and responding to |
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reports of sexual harassment, sexual assault, dating violence, and |
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stalking; |
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(D) interim measures to protect victims of sexual |
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harassment, sexual assault, dating violence, or stalking during the |
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pendency of the institution's disciplinary process, including |
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protection from retaliation, and any other accommodations |
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available to those victims at the institution; and |
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(E) a statement regarding: |
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(i) the importance of a victim of sexual |
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harassment, sexual assault, dating violence, or stalking going to a |
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hospital for treatment and preservation of evidence, if applicable, |
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as soon as practicable after the incident; |
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(ii) the right of a victim of sexual |
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harassment, sexual assault, dating violence, or stalking to report |
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the incident to the institution and to receive a prompt and |
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equitable resolution of the report; and |
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(iii) the right of a victim of a crime to |
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choose whether to report the crime to law enforcement, to be |
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assisted by the institution in reporting the crime to law |
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enforcement, or to decline to report the crime to law enforcement; |
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and |
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(2) be approved by the institution's governing board |
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before final adoption by the institution.;and |
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(3) for institutions with an enrollment of less than |
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5,000 students, any policy changes implemented after the initial |
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approval can be made by the institution's President's Council or |
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other body that traditionally approves the institution's internal |
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policy. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |