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  85R13244 KJE-D
 
  By: Alvarado H.B. No. 3187
 
 
 
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.