| 1 | 1 | | 85R9931 KJE-D |
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| 2 | 2 | | By: Uresti H.B. No. 2918 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to requiring a public institution of higher education to |
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| 8 | 8 | | post on its Internet website a status report regarding certain |
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| 9 | 9 | | disciplinary processes involving an incident of campus sexual |
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| 10 | 10 | | assault. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter Z, Chapter 51, Education Code, is |
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| 13 | 13 | | amended by adding Section 51.9367 to read as follows: |
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| 14 | 14 | | Sec. 51.9367. STATUS REPORT OF DISCIPLINARY PROCESSES |
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| 15 | 15 | | INVOLVING CAMPUS SEXUAL ASSAULT. (a) In this section, |
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| 16 | 16 | | "institution of higher education" has the meaning assigned by |
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| 17 | 17 | | Section 61.003. |
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| 18 | 18 | | (b) Each institution of higher education shall post on the |
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| 19 | 19 | | institution's Internet website in a manner accessible by the public |
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| 20 | 20 | | a status report regarding each of the institution's pending or |
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| 21 | 21 | | recently concluded disciplinary processes involving an incident of |
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| 22 | 22 | | campus sexual assault. |
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| 23 | 23 | | (c) For each disciplinary process required to be included in |
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| 24 | 24 | | the status report under this section, the status report: |
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| 25 | 25 | | (1) must include: |
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| 26 | 26 | | (A) the date on which the sexual assault was |
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| 27 | 27 | | reported to the institution; |
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| 28 | 28 | | (B) the employee or employees of the institution |
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| 29 | 29 | | responsible for resolving the disciplinary process; |
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| 30 | 30 | | (C) the stage of the disciplinary process; and |
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| 31 | 31 | | (D) when applicable, the outcome of the |
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| 32 | 32 | | disciplinary process; and |
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| 33 | 33 | | (2) may not identify any alleged perpetrator or |
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| 34 | 34 | | alleged victim of the sexual assault. |
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| 35 | 35 | | (d) The status report must be updated at least once per |
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| 36 | 36 | | month. |
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| 37 | 37 | | (e) Information regarding a disciplinary process required |
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| 38 | 38 | | to be included in the status report under Subsection (c): |
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| 39 | 39 | | (1) may not be removed from the institution's Internet |
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| 40 | 40 | | website until at least the 90th day after the date on which the |
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| 41 | 41 | | disciplinary process concludes; and |
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| 42 | 42 | | (2) must be preserved by the institution indefinitely |
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| 43 | 43 | | after removal from the institution's Internet website. |
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| 44 | 44 | | SECTION 2. Section 51.9367, Education Code, as added by |
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| 45 | 45 | | this Act, applies only to a disciplinary process initiated by a |
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| 46 | 46 | | public institution of higher education on or after the effective |
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| 47 | 47 | | date of this Act. A disciplinary process initiated before the |
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| 48 | 48 | | effective date of this Act is governed by the law in effect on the |
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| 49 | 49 | | date the disciplinary process was initiated, and the former law is |
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| 50 | 50 | | continued in effect for that purpose. |
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| 51 | 51 | | SECTION 3. This Act takes effect immediately if it receives |
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| 52 | 52 | | a vote of two-thirds of all the members elected to each house, as |
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| 53 | 53 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 54 | 54 | | Act does not receive the vote necessary for immediate effect, this |
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| 55 | 55 | | Act takes effect September 1, 2017. |
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