85R14168 KJE-D

By: Lozano H.B. No. 16

A BILL TO BE ENTITLED

AN ACT

relating to sexual assault, family violence, and stalking at public and private postsecondary educational institutions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 51, Education Code, is amended by adding Subchapter E-2 to read as follows:

SUBCHAPTER E-2. SEXUAL ASSAULT, FAMILY VIOLENCE, AND STALKING

Sec. 51.251. DEFINITIONS. In this subchapter:

(1) "Coordinating board" means the Texas Higher Education Coordinating Board.

(2) "Family violence" has the meaning assigned by Section 71.004, Family Code.

(3) "Postsecondary educational institution" means:

(A) an institution of higher education, as defined by Section 61.003; and

(B) a private or independent college or university approved for purposes of the tuition equalization grant program under Subchapter F, Chapter 61.

(4) "Sexual assault" means any act or attempted act described by Section 21.02, 21.11, 22.011, 22.021, or 25.02, Penal Code.

(5) "Stalking" means any act or attempted act described by Section 42.072, Penal Code.

Sec. 51.252. POLICY ON SEXUAL ASSAULT, FAMILY VIOLENCE, AND STALKING. (a) Each postsecondary educational institution shall adopt a policy on campus sexual assault, family violence, and stalking. The policy must:

(1) include:

(A) definitions of prohibited behavior;

(B) sanctions for violations;

(C) the protocol for reporting and responding to reports of campus sexual assault, family violence, and stalking; and

(D) interim measures to protect victims of sexual assault, family violence, or stalking during the pendency of the institution's disciplinary process and any other accommodations available to those victims at the institution; and

(2) be approved by the institution's governing board before final adoption by the institution.

(b) Each postsecondary educational institution shall make the institution's campus sexual assault, family violence, and stalking policy available to students, faculty, and staff members by:

(1) including the policy in the institution's student handbook and personnel handbook; and

(2) creating and maintaining a web page on the institution's Internet website dedicated solely to the policy.

(c) Each postsecondary educational institution shall require each entering freshman or undergraduate transfer student to attend an orientation on the institution's campus sexual assault, family violence, and stalking policy before or during the first semester or term in which the student is enrolled at the institution. The institution shall establish the format and content of the orientation. The orientation may be provided online.

(d) Each biennium, each postsecondary educational institution shall review the institution's campus sexual assault, family violence, and stalking policy and, with approval of the institution's governing board, revise the policy as necessary.

Sec. 51.253. SEXUAL ASSAULT ONLINE REPORTING SYSTEM. (a) Each postsecondary educational institution shall develop and establish or contract with a third party to develop and establish an online reporting system through which a student enrolled at or an employee of the institution may report to the institution an allegation of sexual assault committed against or witnessed by the student or employee if:

(1) the perpetrator of the alleged sexual assault is a student enrolled at or an employee of the institution; or

(2) the alleged sexual assault occurred:

(A) on the institution's campus or any other property owned by or under the control of the institution, or in close proximity to the campus or property; or

(B) during any event or activity sponsored or sanctioned by the institution.

(b) The online reporting system must enable a student or employee to report the alleged sexual assault anonymously.

(c) A protocol for reporting sexual assault adopted under Section 51.252 must comply with this section.

Sec. 51.254. AMNESTY FOR STUDENTS REPORTING INCIDENTS OF SEXUAL ASSAULT. (a) A postsecondary educational institution may not take any disciplinary action against a student enrolled at the institution who in good faith reports to the institution being the victim of, or a witness to, an incident of sexual assault for any violation by the student of the institution's code of conduct occurring at or near the time of the incident of sexual assault.

(b) A postsecondary educational institution may investigate to determine whether a report of an incident of sexual assault was made in good faith.

(c) Subsection (a) does not apply to a student who reports the student's own commission of sexual assault or assistance in the commission of sexual assault.

(d) This section may not be construed to limit a postsecondary educational institution's ability to provide amnesty from application of the institution's policies in circumstances not described by Subsection (a).

Sec. 51.255. STUDENT WITHDRAWAL OR GRADUATION PENDING DISCIPLINARY CHARGES. (a) If a student withdraws or graduates from a postsecondary educational institution pending a disciplinary charge alleging that the student violated the institution's code of conduct by committing sexual assault, the institution:

(1) may not end the disciplinary process or issue a transcript to the student until the institution makes a final determination of responsibility; and

(2) shall expedite the institution's disciplinary process as necessary to accommodate the student's interest in a speedy resolution.

(b) On request by another postsecondary educational institution, a postsecondary educational institution shall provide to the requesting institution information relating to a determination by the institution that a student enrolled at the institution violated the institution's code of conduct by committing sexual assault.

Sec. 51.256. SEXUAL ASSAULT INVESTIGATION TRAINING. Each peace officer employed by a postsecondary educational institution shall complete training on trauma-informed investigation into allegations of sexual assault.

Sec. 51.257. MEMORANDA OF UNDERSTANDING REQUIRED. A postsecondary educational institution shall enter into a memorandum of understanding with one or more local law enforcement agencies, sexual assault advocacy groups, and hospitals or other medical resource providers to facilitate effective communication and coordination regarding allegations of sexual assault at the institution.

Sec. 51.258. RESPONSIBLE EMPLOYEE; CONFIDENTIALITY. (a) In this section, "Title IX" means Title IX of the Education Amendments of 1972 (20 U.S.C. Section 1681 et seq.).

(b) Each postsecondary educational institution shall:

(1) designate one or more employees to act as responsible employees for purposes of Title IX; and

(2) inform each student enrolled at the institution of the responsible employees designated under Subdivision (1).

(c) An employee of a postsecondary educational institution is not considered to be designated under Subsection (b)(1) to act as a responsible employee for purposes of Title IX solely because the employee:

(1) is a faculty member of the institution; or

(2) has been directed to report information regarding sexual assault or other crimes to the institution pursuant to a mandatory reporting policy applicable to all employees of the institution.

(d) Information regarding an incident of sexual assault disclosed to a health care provider or other medical provider employed by a postsecondary educational institution is confidential and may be shared by the provider only with the victim's consent. The provider must provide aggregate data or other nonidentifying information regarding incidents of sexual assault to the institution's Title IX coordinator.

(e) On request for confidentiality by the victim of a sexual assault, a responsible employee may withhold details regarding the incident when making a report under Title IX but must include in the report a statement that the victim requested confidentiality.

Sec. 51.259. COMPLIANCE. Students enrolled at a private or independent college or university that does not substantially comply with this section as determined by the coordinating board are ineligible for tuition equalization grants under Subchapter F, Chapter 61.

Sec. 51.260. RULES. The coordinating board shall adopt rules as necessary to implement and enforce this subchapter, including rules that ensure implementation of this section in a manner that complies with federal law regarding confidentiality of student educational information, including the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g).

SECTION 2. Section 51.9363, Education Code, is repealed.

SECTION 3. The changes in law made by this Act apply beginning with the 2017-2018 academic year.

SECTION 4. Not later than January 1, 2018, each public or private postsecondary educational institution shall develop and establish the online reporting system required under Section 51.253, Education Code, as added by this Act.

SECTION 5. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2017.