Texas 2019 - 86th Regular

Texas Senate Bill SB585

Caption

Relating to sexual harassment, sexual assault, dating violence, and stalking at public and private postsecondary educational institutions; providing an administrative penalty.

Impact

The bill introduces significant changes to state laws governing how postsecondary institutions must handle allegations of sexual misconduct. It requires each institution to implement a comprehensive policy that includes a clear definition of prohibited behaviors, the imposition of sanctions for violations, and protocols for reporting. Moreover, institutions must ensure that there are no disciplinary actions against victims for violations committed at or near the time of the alleged offense, effectively offering them amnesty. Compliance with these provisions is monitored by the Texas Higher Education Coordinating Board, which can apply administrative penalties for noncompliance, emphasizing the seriousness of adherence to the new law.

Summary

SB585 focuses on enhancing protections for students and employees in Texas postsecondary educational institutions against sexual harassment, sexual assault, dating violence, and stalking. It mandates that educational institutions adopt specific policies that not only define these offenses but also delineate the protocols for reporting and investigating allegations. The inclusion of an electronic reporting option promotes accessibility and confidentiality for individuals wishing to report such incidents anonymously. This aligns with a broader push for transparency and support for victims in educational environments.

Sentiment

Sentiment around SB585 appears largely supportive among advocates for victim rights and safety on college campuses. Proponents argue that the bill is a necessary step toward creating safer educational environments and empowering victims to come forward without fear of repercussions. However, there may be resistance from some institutions concerned about the implications of stringent reporting requirements and potential penalties for noncompliance. The discourse suggests a strong desire for change but raises questions about how these new measures will be implemented in practice and the subsequent financial and administrative burdens they might create.

Contention

Notable points of contention include the balance between encouraging victims to report incidents and the potential unintended consequences of mandatory reporting requirements. Critics might argue that while the aim is to protect victims, the pressure to comply with strict regulations could discourage disclosures due to fears of institutional repercussions. Additionally, ensuring that all staff receive appropriate trauma-informed training poses challenges in terms of resource allocation and logistical execution. This tension between promoting victim support and managing institutional compliance will likely fuel ongoing discussions as the bill rolls out.

Companion Bills

TX HB1735

Same As Relating to sexual harassment, sexual assault, dating violence, and stalking at public and private postsecondary educational institutions; providing an administrative penalty.

Similar Bills

TX HB1735

Relating to sexual harassment, sexual assault, dating violence, and stalking at public and private postsecondary educational institutions; providing an administrative penalty.

TX HB16

Relating to sexual harassment, sexual assault, dating violence, and stalking at public and private postsecondary educational institutions.

TX SB212

Relating to a reporting requirement for certain incidents of sexual harassment, sexual assault, dating violence, or stalking at certain public and private institutions of higher education; creating a criminal offense; authorizing administrative penalties.

TX HB3814

Relating to a reporting requirement for certain incidents of sexual harassment, sexual assault, dating violence, or stalking at certain public and private institutions of higher education; creating a criminal offense; authorizing administrative penalties.

TX SB29

Relating to a reporting requirement for certain incidents of sexual harassment, sexual assault, dating violence, or stalking at certain public and private institutions of higher education; creating a criminal offense; authorizing administrative penalties.

TX SB576

Relating to a reporting requirement for certain incidents of sexual harassment, sexual assault, dating violence, or stalking at certain public and private institutions of higher education; creating a criminal offense; authorizing administrative penalties.

PA HB1279

In sexual violence, dating violence, domestic violence and stalking education, prevention and response at institutions of higher education and private licensed schools, further providing for scope of article, for definitions, for education program and for follow-up and providing for staff training and for enforcement and penalties; in postsecondary institution sexual harassment and sexual violence policy and online reporting system, further providing for definitions, for policy for postsecondary institution sexual harassment and sexual violence and for online reporting system, providing for sexual misconduct climate surveys, establishing the Task Force on Postsecondary Sexual Misconduct and providing for confidential resource advisors, for waivers for student victims, for data reporting requirements and for enforcement and penalties; and making editorial changes.

LA SB230

Provides relative to power-based violence on college and university campuses. (gov sig) (EN SEE FISC NOTE GF EX See Note)