BILL ANALYSIS Senate Research Center C.S.S.B. 969 85R18246 KJE-D By: Watson State Affairs 3/27/2017 Committee Report (Substituted) AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Sexual assault both on and off college campuses is a serious issue facing our institutions of higher education (IHEs) and our state. The Association of American Universities released a Campus Climate Survey on Sexual Assault and Sexual Misconduct in September 2015, which reported overall rates of reporting to campus officials and law enforcement were low, ranging from five percent to 28 percent, depending on the specific type of behavior. Interested parties are concerned that many students do not report incidents of sexual assault for fear of facing repercussions for other student conduct code violations that may have occurred ancillary to the incident, such as underage drinking. S.B. 969 seeks to encourage victims and third party witnesses to report incidents of sexual assault to the IHE by providing amnesty for other student conduct code violations that may have occurred ancillary to the incident. This legislation is supported by the Texas Association Against Sexual Assault and End Rape on Campus, a survivor advocacy organization. No opposition is known at this time. (Original Authors/Sponsors Statement of Intent) C.S.S.B. 969 amends current law relating to requiring certain public and private institutions of higher education to provide amnesty to students who report incidents of sexual assault. RULEMAKING AUTHORITY Rulemaking authority is expressly granted to the Texas Higher Education Coordinating Board in SECTION 1 (Section 51.9366, Education Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter Z, Chapter 51, Education Code, by adding Section 51.9366, as follows: Sec. 51.9366. AMNESTY FOR STUDENTS REPORTING INCIDENTS OF SEXUAL ASSAULT. (a) Defines coordinating board, postsecondary educational institution, and sexual assault. (b) Prohibits a postsecondary educational institution (PEI) from taking any disciplinary action against a student enrolled at the PEI for a violation by the student of the PEIs policies on student conduct if the student, in good faith, reports to the PEI being the victim of, or a witness to, an incident of sexual assault and the violation of the PEIs policies is in relation to the incident. Provides that this subsection applies regardless of the location at which the incident occurred or the outcome of the PEIs disciplinary process regarding the incident, if any. (c) Provides that a determination that a student is entitled to amnesty under Subsection (b) is final and prohibits the determination from being revoked. (d) Provides that Subsection (b) does not apply to a student who reports the students own commission of sexual assault or assistance in the commission of sexual assault. (e) Prohibits this section from being construed to limit a PEIs ability to provide amnesty from application of the PEIs policies in circumstances not described by Subsection (b). (f) Authorizes the Texas Higher Education Coordinating Board (THECB) to adopt rules as necessary to implement and enforce this section. (g) Requires the commissioner of higher education (commissioner) to establish an advisory committee (committee) to recommend to THECB rules for adoption. Provides that the committee consists of nine members appointed by the commissioner and requires each member to be a chief executive officer (CEO) of a PEI or a representative designated by that CEO. Requires the committee, not later than December 1, 2017, to submit the committees recommendations to THECB. Provides that this subsection expires September 1, 2018. SECTION 2. Provides that Section 51.9366, Education Code, as added by this Act, applies beginning with the 2018 spring semester. SECTION 3. Effective date: upon passage or September 1, 2017.
BILL ANALYSIS
Senate Research Center C.S.S.B. 969
85R18246 KJE-D By: Watson
State Affairs
3/27/2017
Committee Report (Substituted)
Senate Research Center
C.S.S.B. 969
85R18246 KJE-D
By: Watson
State Affairs
3/27/2017
Committee Report (Substituted)
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Sexual assault both on and off college campuses is a serious issue facing our institutions of higher education (IHEs) and our state. The Association of American Universities released a Campus Climate Survey on Sexual Assault and Sexual Misconduct in September 2015, which reported overall rates of reporting to campus officials and law enforcement were low, ranging from five percent to 28 percent, depending on the specific type of behavior. Interested parties are concerned that many students do not report incidents of sexual assault for fear of facing repercussions for other student conduct code violations that may have occurred ancillary to the incident, such as underage drinking. S.B. 969 seeks to encourage victims and third party witnesses to report incidents of sexual assault to the IHE by providing amnesty for other student conduct code violations that may have occurred ancillary to the incident. This legislation is supported by the Texas Association Against Sexual Assault and End Rape on Campus, a survivor advocacy organization. No opposition is known at this time. (Original Authors/Sponsors Statement of Intent)
C.S.S.B. 969 amends current law relating to requiring certain public and private institutions of higher education to provide amnesty to students who report incidents of sexual assault.
RULEMAKING AUTHORITY
Rulemaking authority is expressly granted to the Texas Higher Education Coordinating Board in SECTION 1 (Section 51.9366, Education Code) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Subchapter Z, Chapter 51, Education Code, by adding Section 51.9366, as follows:
Sec. 51.9366. AMNESTY FOR STUDENTS REPORTING INCIDENTS OF SEXUAL ASSAULT. (a) Defines coordinating board, postsecondary educational institution, and sexual assault.
(b) Prohibits a postsecondary educational institution (PEI) from taking any disciplinary action against a student enrolled at the PEI for a violation by the student of the PEIs policies on student conduct if the student, in good faith, reports to the PEI being the victim of, or a witness to, an incident of sexual assault and the violation of the PEIs policies is in relation to the incident. Provides that this subsection applies regardless of the location at which the incident occurred or the outcome of the PEIs disciplinary process regarding the incident, if any.
(c) Provides that a determination that a student is entitled to amnesty under Subsection (b) is final and prohibits the determination from being revoked.
(d) Provides that Subsection (b) does not apply to a student who reports the students own commission of sexual assault or assistance in the commission of sexual assault.
(e) Prohibits this section from being construed to limit a PEIs ability to provide amnesty from application of the PEIs policies in circumstances not described by Subsection (b).
(f) Authorizes the Texas Higher Education Coordinating Board (THECB) to adopt rules as necessary to implement and enforce this section.
(g) Requires the commissioner of higher education (commissioner) to establish an advisory committee (committee) to recommend to THECB rules for adoption. Provides that the committee consists of nine members appointed by the commissioner and requires each member to be a chief executive officer (CEO) of a PEI or a representative designated by that CEO. Requires the committee, not later than December 1, 2017, to submit the committees recommendations to THECB. Provides that this subsection expires September 1, 2018.
SECTION 2. Provides that Section 51.9366, Education Code, as added by this Act, applies beginning with the 2018 spring semester.
SECTION 3. Effective date: upon passage or September 1, 2017.