85R4804 KJE-D
By: Garcia S.B. No. 962
A BILL TO BE ENTITLED
AN ACT
relating to requiring public institutions of higher education to
develop and establish an online reporting system for sex offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.9365 to read as follows:
Sec. 51.9365. ONLINE REPORTING SYSTEM FOR SEX OFFENSES.
(a) In this section:
(1) "Institution of higher education" has the meaning
assigned by Section 61.003.
(2) "Sex offense" means a sex offense that an
institution of higher education is required to report under the
Jeanne Clery Disclosure of Campus Security Policy and Campus Crime
Statistics Act (20 U.S.C. Section 1092(f)).
(b) Each institution of higher education shall develop and
establish or contract with a third party to develop and establish an
online reporting system through which a student enrolled at the
institution may report to the institution an allegation of a sex
offense committed against or witnessed by the student if:
(1) the perpetrator of the alleged sex offense is a
student enrolled at or an employee of the institution; or
(2) the alleged sex offense occurred:
(A) on the institution's campus or any other
property owned by or under the control of the institution, or in
close proximity to the campus or property; or
(B) during any event or activity sponsored or
sanctioned by the institution.
(c) The online reporting system must enable a student to
choose one or more of the following options:
(1) to report the alleged sex offense to the
institution;
(2) to electronically record a statement of the
alleged sex offense, including in the form of a photograph, video,
voice recording, or similar medium that contains information
relating to the alleged sex offense, or an addendum to the
statement, that:
(A) includes an electronic stamp of the time and
date the statement or addendum was made;
(B) may not be edited or otherwise altered; and
(C) may be submitted to the institution by the
student at a time chosen by the student;
(3) to submit the student's report of the alleged sex
offense to the institution, but only if:
(A) another student enrolled at the institution
reports to the institution through the system an allegation of a sex
offense committed by the same perpetrator; and
(B) both students identify the alleged
perpetrator through the system by a student or employee
identification number or e-mail address issued by the institution
or a similar form of identification selected for that purpose by the
institution;
(4) to access at any time any information entered into
the system by the student; and
(5) to remain anonymous.
(d) Each institution of higher education shall ensure that
information contained in the online reporting system is encrypted
using zero-knowledge encryption.
(e) An institution of higher education shall initiate an
investigation into a report submitted to the institution through
the online reporting system as soon as practicable after receiving
the report.
(f) A protocol for reporting sexual assault adopted under
Section 51.9363 must comply with this section.
(g) The Texas Higher Education Coordinating Board shall
adopt rules as necessary to implement this section in a manner that
complies with federal law regarding confidentiality of student
educational information, including the Family Educational Rights
and Privacy Act of 1974 (20 U.S.C. Section 1232g).
SECTION 2. Not later than January 1, 2018, each public
institution of higher education shall develop and establish the
online reporting system required under Section 51.9365, Education
Code, as added by this Act.
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.