| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the campus sexual assault policy at a public |
|
|
institution of higher education. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 51.9363, Education Code, is amended by |
|
|
amending Subsection (e) and adding Subsections (f), (g), and (h) to |
|
|
read as follows: |
|
|
(e) Each institution of higher education shall provide to |
|
|
students enrolled at the institution information regarding the |
|
|
protocol for reporting incidents of campus sexual assault adopted |
|
|
under Subsection (b), including the name, office location, and |
|
|
contact information of the institution's Title IX coordinator, by: |
|
|
(1) e-mailing the information to each student at the |
|
|
beginning of each semester or other academic term; and |
|
|
(2) including the information in the orientation |
|
|
required under Subsection (d). |
|
|
(f) As part of the protocol for responding to reports of |
|
|
campus sexual assault adopted under Subsection (b), each |
|
|
institution of higher education shall: |
|
|
(1) ensure that each alleged victim or alleged |
|
|
perpetrator of an incident of campus sexual assault and any other |
|
|
person who reports such an incident is offered counseling provided |
|
|
by a counselor who does not provide counseling to any other person |
|
|
involved in the incident; and |
|
|
(2) notwithstanding any other law, allow an alleged |
|
|
victim or alleged perpetrator of an incident of campus sexual |
|
|
assault to drop a course in which both parties are enrolled without |
|
|
any academic penalty. |
|
|
(g) An institution of higher education may not take any |
|
|
disciplinary action against a student enrolled at the institution |
|
|
who reports to the institution being the victim of, or a witness to, |
|
|
an incident of campus sexual assault for a violation by the student |
|
|
of the institution's policies on student conduct that involves |
|
|
alcohol or drug use and occurs in relation to the incident. This |
|
|
subsection may not be construed to limit an institution's ability |
|
|
to provide amnesty from application of the institution's policies |
|
|
in circumstances not described by this subsection. |
|
|
(h) Each biennium, each institution of higher education |
|
|
shall review the institution's campus sexual assault policy and, |
|
|
with approval of the institution's governing board, revise the |
|
|
policy as necessary. |
|
|
SECTION 2. Section 51.9363, Education Code, as amended by |
|
|
this Act, applies beginning with the 2017-2018 academic year. |
|
|
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. |