S.B. No. 968
AN ACT
relating to a sexual assault policy at certain public and private
institutions of higher education and to requiring those
institutions to provide students and employees an option to
electronically report certain offenses to the institution.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.9363, Education Code, is amended to
read as follows:
Sec. 51.9363. [CAMPUS] SEXUAL ASSAULT POLICY. (a) In this
section, "postsecondary educational institution" means an
["]institution of higher education or a private or independent
institution of higher education, as those terms are defined[" has
the meaning assigned] by Section 61.003.
(b) Each postsecondary educational institution [of higher
education] shall adopt a policy on [campus] sexual assault
applicable to each student enrolled at and each employee of the
institution. The policy must:
(1) include:
(A) definitions of prohibited behavior;
(B) sanctions for violations; and
(C) the protocol for reporting and responding to
reports of [campus] sexual assault; and
(2) be approved by the institution's governing board
before final adoption by the institution.
(c) Each postsecondary educational institution [of higher
education] shall make the institution's [campus] sexual assault
policy available to students, faculty, and staff members by:
(1) including the policy in the institution's student
handbook and personnel handbook; and
(2) creating and maintaining a web page on the
institution's Internet website dedicated solely to the policy.
(d) Each postsecondary educational institution [of higher
education] shall require each entering freshman or undergraduate
transfer student to attend an orientation on the institution's
[campus] sexual assault policy before or during the first semester
or term in which the student is enrolled at the institution. The
institution shall establish the format and content of the
orientation.
(e) Each postsecondary educational institution shall
develop and implement a public awareness campaign to inform
students enrolled at and employees of the institution of the
institution's sexual assault policy. As part of the campaign, the
institution shall provide to students information regarding the
protocol for reporting incidents of sexual assault adopted under
Subsection (b), including the name, office location, and contact
information of the institution's Title IX coordinator, by:
(1) e-mailing the information to each student at the
beginning of each semester or other academic term; and
(2) including the information in the orientation
required under Subsection (d).
(f) As part of the protocol for responding to reports of
sexual assault adopted under Subsection (b), each postsecondary
educational institution shall:
(1) to the greatest extent practicable based on the
number of counselors employed by the institution, ensure that each
alleged victim or alleged perpetrator of an incident of sexual
assault and any other person who reports such an incident are
offered counseling provided by a counselor who does not provide
counseling to any other person involved in the incident; and
(2) notwithstanding any other law, allow an alleged
victim or alleged perpetrator of an incident of sexual assault to
drop a course in which both parties are enrolled without any
academic penalty.
(g) Each biennium, each postsecondary educational
institution [of higher education] shall review the institution's
[campus] sexual assault policy and, with approval of the
institution's governing board, revise the policy as necessary.
SECTION 2. Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.9365 to read as follows:
Sec. 51.9365. ELECTRONIC REPORTING OPTION FOR CERTAIN
OFFENSES. (a) In this section:
(1) "Dating violence" means abuse or violence, or a
threat of abuse or violence, against a person with whom the actor
has or has had a social relationship of a romantic or intimate
nature.
(2) "Postsecondary educational institution" means an
institution of higher education or a private or independent
institution of higher education, as those terms are defined by
Section 61.003.
(3) "Sexual assault" means sexual contact or
intercourse with a person without the person's consent, including
sexual contact or intercourse against the person's will or in a
circumstance in which the person is incapable of consenting to the
contact or intercourse.
(4) "Sexual harassment" means unwelcome, sex-based
verbal or physical conduct that:
(A) in the employment context, unreasonably
interferes with an employee's work performance or creates an
intimidating, hostile, or offensive work environment; or
(B) in the education context, is sufficiently
severe, persistent, or pervasive that the conduct interferes with a
student's ability to participate in or benefit from educational
programs or activities.
(5) "Stalking" means a course of conduct directed at a
person that would cause a reasonable person to fear for the person's
safety or to suffer substantial emotional distress.
(b) Each postsecondary educational institution shall
provide an option for a student enrolled at or an employee of the
institution to electronically report to the institution an
allegation of sexual harassment, sexual assault, dating violence,
or stalking committed against or witnessed by the student or
employee, regardless of the location at which the alleged offense
occurred.
(c) The electronic reporting option provided under
Subsection (b) must:
(1) enable a student or employee to report the alleged
offense anonymously; and
(2) be easily accessible through a clearly
identifiable link on the postsecondary educational institution's
Internet website home page.
(d) A protocol for reporting sexual assault adopted under
Section 51.9363 must comply with this section.
(e) The Texas Higher Education Coordinating Board may adopt
rules as necessary to administer this section.
(f) The commissioner of higher education shall establish an
advisory committee to recommend to the Texas Higher Education
Coordinating Board rules for adoption under Subsection (e). The
advisory committee consists of nine members appointed by the
commissioner. Each member must be a chief executive officer of a
postsecondary educational institution or a representative
designated by that officer. Not later than December 1, 2017, the
advisory committee shall submit the committee's recommendations to
the coordinating board. This subsection expires September 1, 2018.
SECTION 3. Section 51.9363, Education Code, as amended by
this Act, applies beginning with the 2017-2018 academic year.
SECTION 4. Not later than January 1, 2018, each public or
private postsecondary educational institution shall provide the
electronic reporting option required under Section 51.9365,
Education Code, as added by this Act.
SECTION 5. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 968 passed the Senate on
April 10, 2017, by the following vote: Yeas 30, Nays 1;
May 25, 2017, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 26, 2017, House
granted request of the Senate; May 28, 2017, Senate adopted
Conference Committee Report by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 968 passed the House, with
amendments, on May 20, 2017, by the following vote: Yeas 124,
Nays 12, one present not voting; May 26, 2017, House granted
request of the Senate for appointment of Conference Committee;
May 28, 2017, House adopted Conference Committee Report by the
following vote: Yeas 120, Nays 27, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor