Bill Text: TX HB3764 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the authority of a college to adopt a sexual harassment policy.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2021-04-26 - Failed to receive affirmative vote in comm. [HB3764 Detail]
Download: Texas-2021-HB3764-Introduced.html
By: Guillen | H.B. No. 3764 |
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relating to the authority of a college to adopt a sexual harassment | ||
policy. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 51.282(a), Education Code, is amended to | ||
read as follows: | ||
(a) Each postsecondary educational institution shall adopt | ||
a policy on sexual harassment, sexual assault, dating violence, and | ||
stalking 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; | ||
(C) the protocol for reporting and responding to | ||
reports of sexual harassment, sexual assault, dating violence, and | ||
stalking; | ||
(D) interim measures to protect victims of sexual | ||
harassment, sexual assault, dating violence, or stalking during the | ||
pendency of the institution's disciplinary process, including | ||
protection from retaliation, and any other accommodations | ||
available to those victims at the institution; and | ||
(E) a statement regarding: | ||
(i) the importance of a victim of sexual | ||
harassment, sexual assault, dating violence, or stalking going to a | ||
hospital for treatment and preservation of evidence, if applicable, | ||
as soon as practicable after the incident; | ||
(ii) the right of a victim of sexual | ||
harassment, sexual assault, dating violence, or stalking to report | ||
the incident to the institution and to receive a prompt and | ||
equitable resolution of the report; and | ||
(iii) the right of a victim of a crime to | ||
choose whether to report the crime to law enforcement, to be | ||
assisted by the institution in reporting the crime to law | ||
enforcement, or to decline to report the crime to law enforcement; | ||
(2) be approved by the institution's governing board | ||
before final adoption by the institution |
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(3) for institutions with an enrollment of less than | ||
5,000 students, any policy changes implemented after the initial | ||
approval can be made by the institution's President's Council or | ||
other body that traditionally approves the institution's internal | ||
policy. | ||
SECTION 2. 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, 2021. |