Texas House Bill HB3814

Texas 2019 - 86th Regular

Caption

Relating to a reporting requirement for certain incidents of sexual harassment, sexual assault, dating violence, or stalking at certain public and private institutions of higher education; creating a criminal offense; authorizing administrative penalties.

Impact

This legislation is poised to significantly impact Texas's existing laws governing higher education institutions by creating a clear framework for reporting and responding to serious incidents involving students and staff. It establishes expectations for Title IX coordinators who will oversee the implementation of these reporting protocols. Additionally, institutions could face administrative penalties of up to $2 million for non-compliance with these new mandates, thus instilling a stronger accountability culture within the educational system.

Summary

House Bill 3814 aims to enhance reporting requirements related to incidents of sexual harassment, sexual assault, dating violence, and stalking at both public and private institutions of higher education in Texas. Specifically, it introduces new regulations that mandate employees of such institutions to promptly report any incidents they witness or to which they are made privy during their daily work activities. The bill emphasizes compliance with federal laws, particularly concerning the privacy of educational records under the Family Educational Rights and Privacy Act (FERPA).

Contention

Although advocates argue that the bill strengthens protections for students and ensures more transparent handling of complaints, critics express concerns over potential ramifications on the confidentiality of victims. The obligations placed on reporting by educational staff may deter students from coming forward if they fear exposure or lack of confidentiality. The debate around the appropriate balance between accountability and victim confidentiality will likely be a contentious point as the bill progresses.