85R4389 KJE-D

By: Canales H.B. No. 1096

A BILL TO BE ENTITLED

AN ACT

relating to requiring public institutions of higher education to establish a policy and prevention and outreach program on campus sexual assault, family violence, and stalking.

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

SECTION 1. Section 51.9363, Education Code, is amended to read as follows:

Sec. 51.9363. CAMPUS SEXUAL ASSAULT, FAMILY VIOLENCE, AND STALKING POLICY AND PREVENTION. (a) In this section:

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

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

(3) "Institution [, "institution] of higher education" has the meaning assigned by Section 61.003.

(b) Each institution of higher education 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; and

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

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

(c) Each institution of higher education 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.

(d) Each institution of higher education 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 must include the information described by Subsection (e)(2).

(e) Each institution of higher education shall develop and implement a comprehensive prevention and outreach program on campus sexual assault, family violence, and stalking. The program must:

(1) address a range of strategies to prevent campus sexual assault, family violence, and stalking, including a victim empowerment program, a public awareness campaign, primary prevention, bystander intervention, and risk reduction; and

(2) provide to all students enrolled at the institution and all student organizations recognized by or registered with the institution information regarding the institution's campus sexual assault, family violence, and stalking policy, including what constitutes consent to sexual activity and the rights and responsibilities of students under the policy.

(f) Each biennium, each institution of higher education 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.

(g) An institution of higher education may not receive any state funding for a fiscal year following a year in which the coordinating board determines that the institution has not substantially complied with the requirements under this section.

(h) The coordinating board may adopt rules as necessary to enforce this section.

SECTION 2. Section 51.9363, Education Code, as amended by this Act, applies beginning with the 2018 spring semester.

SECTION 3. 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.