By: Watson, Zaffirini S.B. No. 970
(In the Senate - Filed February 21, 2017; March 1, 2017,
read first time and referred to Committee on State Affairs;
April 5, 2017, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 5, 2017,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 970 By: Zaffirini
A BILL TO BE ENTITLED
AN ACT
relating to a sexual assault policy at public and private
institutions of higher education.
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.
(f) 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. Section 51.9363, Education Code, as amended by
this Act, applies beginning with the 2017 fall 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.
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