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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring a public institution of higher education to |
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post on its Internet website a status report regarding certain |
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disciplinary processes involving an incident of sexual assault or |
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sexual harassment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 51, Education Code, is |
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amended by adding Section 51.9367 to read as follows: |
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Sec. 51.9367. STATUS REPORT OF DISCIPLINARY PROCESSES |
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INVOLVING SEXUAL ASSAULT OR SEXUAL HARASSMENT. (a) In this |
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section: |
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(1) "Institution of higher education" has the meaning |
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assigned by Section 61.003. |
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(2) "Sexual assault" means sexual contact or |
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intercourse with a person without the person's consent, including |
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sexual contact or intercourse against the person's will or in a |
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circumstance in which the person is incapable of consenting to the |
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contact or intercourse. |
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(3) "Sexual harassment" means unwelcome, sex-based |
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verbal or physical conduct that: |
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(A) in the employment context, unreasonably |
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interferes with an employee's work performance or creates an |
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intimidating, hostile, or offensive work environment; or |
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(B) in the education context, is sufficiently |
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severe, persistent, or pervasive that the conduct interferes with a |
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student's ability to participate in or benefit from educational |
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programs or activities. |
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(b) Each institution of higher education shall post on the |
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institution's Internet website in a manner accessible by the public |
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a status report regarding the institution's pending or recently |
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concluded disciplinary processes involving an incident of sexual |
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assault or sexual harassment. The status report: |
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(1) must: |
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(A) be updated at least once per semester; and |
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(B) include: |
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(i) the total number of those incidents |
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reported to the institution during the semester for which the |
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report is made; |
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(ii) the employee or employees of the |
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institution responsible for resolving disciplinary processes |
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involving those incidents; and |
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(iii) the total number of disciplinary |
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processes involving those incidents resolved during the semester |
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for which the report is made, disaggregated by outcome; and |
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(2) may not identify any alleged perpetrator or |
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alleged victim of those incidents. |
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(c) Information regarding a disciplinary process required |
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to be included in the status report under Subsection (b): |
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(1) may not be removed from the institution's Internet |
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website until at least the 90th day after the date on which the |
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disciplinary process concludes; and |
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(2) must be preserved by the institution indefinitely |
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after removal from the institution's Internet website. |
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SECTION 2. Section 51.9367, Education Code, as added by |
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this Act, applies only to a disciplinary process initiated by a |
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public institution of higher education during or after the 2018 |
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spring semester. A disciplinary process initiated before the 2018 |
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spring semester is governed by the law in effect on the date the |
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disciplinary process was initiated, and the former law is continued |
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in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect on the 91st day after the last day of the |
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legislative session. |