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House Bill 1735 |
House Author: Howard et al. |
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Effective: 9-1-19 |
Senate Sponsor: Watson |
House Bill 1735 amends the Education Code to expand the scope of the sexual assault policy whose adoption is required for each public, private, and independent institution of higher education to also address sexual harassment, dating violence, and stalking. The bill expands the required contents of the policy to include certain interim measures to protect victims while the institution's disciplinary process is pending and a certain statement regarding a victim's rights and options. The bill provides for the biennial review and revision as necessary of the policy.
House Bill 1735, among other provisions, expands the scope and content of a required comprehensive prevention and outreach program on sexual harassment, sexual assault, dating violence, and stalking, referred to in previous law as a public awareness campaign. The bill sets out requirements for an institution's applicable response protocol relating to the provision of counseling to affected persons and relating to appropriate course scheduling accommodations.
House Bill 1735 sets out provisions relating to an institution's determination of whether to investigate an alleged incident if an alleged victim has requested that the institution not investigate, relating to a disciplinary process against a student enrolled at an institution for certain alleged violations of the institution's code of conduct, and relating to such a process against a student who withdraws or graduates from the institution before the completion of the process.
House Bill 1735 requires each peace officer employed by an institution to complete training on trauma‑informed investigation into allegations of sexual harassment, sexual assault, dating violence, and stalking. The bill requires each institution, to facilitate effective communication and coordination regarding such allegations, to enter into a memorandum of understanding with one or more of the following types of entities: local law enforcement agencies, appropriate advocacy groups, or hospitals or medical resource providers.
House Bill 1735 provides for an institution's required designation of responsible and confidential employees and authorized designation of student advocates, as applicable, to fill certain prescribed roles relating to alleged incidents of sexual harassment, sexual assault, dating violence, and stalking. The bill sets out provisions establishing the extent of confidentiality of relevant information disclosed to a health care or other medical provider employed by an institution and of the identity of certain persons involved in or associated with such incidents.
House Bill 1735 requires an institution, in implementing the bill's provisions, to ensure to the greatest extent practicable equal access for students or employees of the institution who are persons with disabilities and to make reasonable efforts to consult with relevant stakeholders for that purpose.
House Bill 1735 authorizes the Texas Higher Education Coordinating Board to assess a maximum administrative penalty of $2 million against an institution that the coordinating board determines not to be in substantial compliance with the bill's provisions and sets out further provisions relating to such penalties. The bill requires the coordinating board to submit an annual report to the governor, lieutenant governor, speaker of the house, and appropriate standing legislative committees regarding compliance with the bill's provisions. The bill requires the commissioner of higher education to establish a certain advisory committee.