By: Wilson H.B. No. 169
73R1560 SOS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to sexual harassment or racially offensive conduct by
1-3 members of student organizations registered with public
1-4 institutions of higher education; providing a penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 51, Education Code, is amended by adding
1-7 Subchapter Q to read as follows:
1-8 SUBCHAPTER Q. SEXUAL HARASSMENT OR RACIALLY OFFENSIVE
1-9 CONDUCT BY MEMBERS OF REGISTERED STUDENT ORGANIZATIONS
1-10 Sec. 51.731. DEFINITIONS. In this subchapter:
1-11 (1) "Coordinating board" means the Texas Higher
1-12 Education Coordinating Board.
1-13 (2) "Institution of higher education" has the meaning
1-14 assigned by Section 61.003 of this code.
1-15 (3) "Racially offensive conduct" means conduct, other
1-16 than speech, that:
1-17 (A) is based on race or national origin; and
1-18 (B) offends or angers a reasonable individual
1-19 who is a member of that race or who is of that national origin.
1-20 (4) "Sexual harassment" means unwelcome sexual
1-21 advances, requests for sexual favors, or other verbal or physical
1-22 conduct of a sexual nature, submission to which is made an explicit
1-23 or implicit condition of an individual's exercise or enjoyment of
1-24 any right, privilege, or power.
2-1 Sec. 51.732. CONDUCT SUBJECT TO SANCTION. A student
2-2 organization that is registered with an institution of higher
2-3 education is subject to the sanction provided by Section 51.735 or
2-4 51.737 of this code if a member of the organization engages in
2-5 sexual harassment or racially offensive conduct that occurs:
2-6 (1) on premises occupied by the organization; or
2-7 (2) at an event sponsored by the organization.
2-8 Sec. 51.733. COMPLAINTS. (a) A student, faculty member, or
2-9 administrator of an institution of higher education who believes
2-10 that a member of a student organization registered with the
2-11 institution has engaged in the conduct described by Section 51.732
2-12 of this code may file a written complaint with the governing board
2-13 of the institution on a form prescribed by the coordinating board.
2-14 (b) The governing board shall send a copy of the complaint
2-15 to the accused member and to the student organization as soon as
2-16 practicable after the complaint is received.
2-17 (c) The accused member and the student organization may file
2-18 a written statement in response to the complaint.
2-19 Sec. 51.734. HEARING MAY BE HELD. (a) The accused member,
2-20 the student organization, and the complainant are entitled to a
2-21 hearing before the governing board on the complaint if the member,
2-22 organization, or complainant makes a timely request for a hearing.
2-23 (b) After a complaint is filed with the governing board, the
2-24 governing board shall give the accused member, the student
2-25 organization, and the complainant written notice by certified mail
2-26 that each party is entitled to a hearing under Subsection (a) of
2-27 this section.
3-1 (c) A request from a party is timely if it is made not later
3-2 than the 10th day after the date on which the party receives the
3-3 notice required by Subsection (b) of this section.
3-4 (d) The governing board at any time may order a hearing on
3-5 its own motion.
3-6 (e) If the governing board holds a hearing, the governing
3-7 board shall notify the parties of the date, time, and place of the
3-8 hearing not later than the 14th day before the date on which the
3-9 hearing will be held.
3-10 (f) A hearing under this section shall be conducted as
3-11 informally as possible, consistent with the principles of due
3-12 process of law.
3-13 Sec. 51.735. RESOLUTION OF COMPLAINT; SANCTION. (a) On
3-14 conclusion of a hearing under Section 51.734 of this code or, if
3-15 no hearing is held, after examining all evidence submitted to it,
3-16 the governing board shall issue:
3-17 (1) a final decision stating the resolution of the
3-18 complaint; and
3-19 (2) a written report stating in detail the governing
3-20 board's findings of fact and conclusions of law.
3-21 (b) If the governing board determines that the accused
3-22 member has engaged in the conduct described by Section 51.732 of
3-23 this code, the member and the student organization may not use any
3-24 of the facilities of the institution of higher education for a
3-25 three-year period beginning on a date set by the governing board.
3-26 (c) If the governing board determines that the accused
3-27 member did not engage in the conduct described by Section 51.732 of
4-1 this code, the governing board shall dismiss the complaint.
4-2 Sec. 51.736. APPEAL. (a) The complainant, the accused
4-3 member, the student organization, a faculty member or administrator
4-4 of the institution, or a student enrolled at the institution who is
4-5 dissatisfied with the final decision of the governing board of that
4-6 institution may appeal that decision to the coordinating board by
4-7 filing a petition with the coordinating board.
4-8 (b) The petition must be filed not later than the 30th day
4-9 after the date the decision is issued by the governing board under
4-10 Section 51.735 of this code.
4-11 (c) The coordinating board shall conduct a de novo review of
4-12 the decision. The review is not limited to questions of law, and
4-13 the substantial evidence rule does not apply.
4-14 (d) The coordinating board shall adopt rules necessary to
4-15 administer this section, including rules relating to the procedure
4-16 for filing an appeal of a final decision of the governing board of
4-17 an institution of higher education and for holding a hearing to
4-18 resolve the appeal.
4-19 Sec. 51.737. RESOLUTION OF APPEAL; SANCTION. (a) If the
4-20 coordinating board determines that the accused member has engaged
4-21 in the conduct described by Section 51.732 of this code, the member
4-22 and the student organization may not use any of the facilities of
4-23 the institution of higher education for a three-year period
4-24 beginning on the date set under Section 51.735(b) of this code or a
4-25 later date set by the coordinating board.
4-26 (b) If the coordinating board determines that the accused
4-27 member did not engage in the conduct described by Section 51.732 of
5-1 this code, the coordinating board shall dismiss the complaint.
5-2 (c) A decision of the coordinating board is final and may
5-3 not be appealed.
5-4 SECTION 2. This Act takes effect September 1, 1993.
5-5 SECTION 3. The importance of this legislation and the
5-6 crowded condition of the calendars in both houses create an
5-7 emergency and an imperative public necessity that the
5-8 constitutional rule requiring bills to be read on three several
5-9 days in each house be suspended, and this rule is hereby suspended.