Texas House Bill HB3764

Texas 2021 - 87th Regular

Caption

Relating to the authority of a college to adopt a sexual harassment policy.

Impact

The bill significantly impacts the state education code by amending Section 51.282(a) of the Education Code to enforce stricter requirements on educational institutions. Institutions will be required to ensure their policies include protections for victims during disciplinary proceedings, in turn aiming to foster a safer campus environment. Furthermore, the legislation allows institutions with fewer than 5,000 students to make certain policy changes without the need for governing board approval, streamlining the process of policy updating, which could lead to faster implementation of safety measures.

Summary

House Bill 3764 relates to the authority of colleges to adopt comprehensive sexual harassment policies. The bill mandates that each postsecondary educational institution establishes a policy that encompasses sexual harassment, sexual assault, dating violence, and stalking. This policy must be applicable to all students and employees and includes specific components such as definitions of prohibited behaviors, sanctions for violations, and protocols for reporting and responding to allegations of such incidents.

Contention

Notable points of contention surrounding HB3764 may arise from how the bill balances the authority of governing boards against the need for swift action in cases of sexual misconduct. While some may argue that allowing smaller institutions greater flexibility in modifying policies is beneficial for responsiveness, others may express concern that it diminishes necessary oversight and could lead to inconsistencies in policy enforcement across different institutions. The implications for victim rights and the adequacy of institutional responses are critical focal points for debates about this bill.