Bill Text: TX HB113 | 2017 | 85th Legislature 1st Special Session | Introduced


Bill Title: Relating to requiring a public institution of higher education to post on its Internet website a status report regarding certain disciplinary processes involving an incident of sexual assault or sexual harassment.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2017-07-20 - Referred to Higher Education [HB113 Detail]

Download: Texas-2017-HB113-Introduced.html
 
 
  By: Uresti H.B. No. 113
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
 
  relating to requiring a public institution of higher education to
  post on its Internet website a status report regarding certain
  disciplinary processes involving an incident of sexual assault or
  sexual harassment.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter Z, Chapter 51, Education Code, is
  amended by adding Section 51.9367 to read as follows:
         Sec. 51.9367.  STATUS REPORT OF DISCIPLINARY PROCESSES
  INVOLVING SEXUAL ASSAULT OR SEXUAL HARASSMENT. (a) In this
  section:
               (1)  "Institution of higher education" has the meaning
  assigned by Section 61.003.
               (2)  "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.
               (3)  "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.
         (b)  Each institution of higher education shall post on the
  institution's Internet website in a manner accessible by the public
  a status report regarding the institution's pending or recently
  concluded disciplinary processes involving an incident of sexual
  assault or sexual harassment. The status report:
               (1)  must:
                     (A)  be updated at least once per semester; and
                     (B)  include:
                           (i)  the total number of those incidents
  reported to the institution during the semester for which the
  report is made;
                           (ii)  the employee or employees of the
  institution responsible for resolving disciplinary processes
  involving those incidents; and
                           (iii)  the total number of disciplinary
  processes involving those incidents resolved during the semester
  for which the report is made, disaggregated by outcome; and
               (2)  may not identify any alleged perpetrator or
  alleged victim of those incidents.
         (c)  Information regarding a disciplinary process required
  to be included in the status report under Subsection (b):
               (1)  may not be removed from the institution's Internet
  website until at least the 90th day after the date on which the
  disciplinary process concludes; and
               (2)  must be preserved by the institution indefinitely
  after removal from the institution's Internet website.
         SECTION 2.  Section 51.9367, Education Code, as added by
  this Act, applies only to a disciplinary process initiated by a
  public institution of higher education during or after the 2018
  spring semester.  A disciplinary process initiated before the 2018
  spring semester is governed by the law in effect on the date the
  disciplinary process was initiated, and the former law is continued
  in effect for that purpose.
         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 on the 91st day after the last day of the
  legislative session.
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