S.B. No. 969
AN ACT
relating to requiring certain public and private institutions of
higher education to provide amnesty to students who report certain
incidents, including sexual harassment, sexual assault, dating
violence, or stalking.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.9366 to read as follows:
Sec. 51.9366. AMNESTY FOR STUDENTS REPORTING CERTAIN
INCIDENTS. (a) In this section:
(1) "Coordinating board" means the Texas Higher
Education Coordinating Board.
(2) "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.
(3) "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.
(4) "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.
(5) "Sexual harassment" means unwelcome, sex-based
verbal or physical conduct that:
(A) in the employment context, unreasonably
interferes with a person'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 at a postsecondary educational institution.
(6) "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) A postsecondary educational institution may not take
any disciplinary action against a student enrolled at the
institution who in good faith reports to the institution being the
victim of, or a witness to, an incident of sexual harassment, sexual
assault, dating violence, or stalking for a violation by the
student of the institution's code of conduct occurring at or near
the time of the incident, regardless of the location at which the
incident occurred or the outcome of the institution's disciplinary
process regarding the incident, if any.
(c) A postsecondary educational institution may investigate
to determine whether a report of an incident of sexual harassment,
sexual assault, dating violence, or stalking was made in good
faith.
(d) A determination that a student is entitled to amnesty
under Subsection (b) is final and may not be revoked.
(e) Subsection (b) does not apply to a student who reports
the student's own commission or assistance in the commission of
sexual harassment, sexual assault, dating violence, or stalking.
(f) This section may not be construed to limit a
postsecondary educational institution's ability to provide amnesty
from application of the institution's policies in circumstances not
described by Subsection (b).
(g) The coordinating board may adopt rules as necessary to
implement and enforce this section.
(h) The commissioner of higher education shall establish an
advisory committee to recommend to the coordinating board rules for
adoption under Subsection (g). 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 2. Section 51.9366, Education Code, as added by
this Act, applies beginning with the 2018 spring semester.
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 969 passed the Senate on
April 10, 2017, by the following vote: Yeas 30, Nays 1; and that
the Senate concurred in House amendment on May 25, 2017, by the
following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 969 passed the House, with
amendment, on May 20, 2017, by the following vote: Yeas 129,
Nays 7, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor