85R14168 KJE-D     By: Lozano H.B. No. 16       A BILL TO BE ENTITLED   AN ACT   relating to sexual assault, family violence, and stalking at public   and private postsecondary educational institutions.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 51, Education Code, is amended by adding   Subchapter E-2 to read as follows:   SUBCHAPTER E-2. SEXUAL ASSAULT, FAMILY VIOLENCE, AND STALKING          Sec. 51.251.  DEFINITIONS.  In this subchapter:                (1)  "Coordinating board" means the Texas Higher   Education Coordinating Board.                (2)  "Family violence" has the meaning assigned by   Section 71.004, Family Code.                (3)  "Postsecondary educational institution" means:                      (A)  an institution of higher education, as   defined by Section 61.003; and                      (B)  a private or independent college or   university approved for purposes of the tuition equalization grant   program under Subchapter F, Chapter 61.                (4)  "Sexual assault" means any act or attempted act   described by Section 21.02, 21.11, 22.011, 22.021, or 25.02, Penal   Code.                (5)  "Stalking" means any act or attempted act   described by Section 42.072, Penal Code.          Sec. 51.252.  POLICY ON SEXUAL ASSAULT, FAMILY VIOLENCE, AND   STALKING. (a) Each postsecondary educational institution shall   adopt a policy on campus sexual assault, family violence, and   stalking. The policy must:                (1)  include:                      (A)  definitions of prohibited behavior;                      (B)  sanctions for violations;                      (C)  the protocol for reporting and responding to   reports of campus sexual assault, family violence, and stalking;   and                      (D)  interim measures to protect victims of sexual   assault, family violence, or stalking during the pendency of the   institution's disciplinary process and any other accommodations   available to those victims at the institution; and                (2)  be approved by the institution's governing board   before final adoption by the institution.          (b)  Each postsecondary educational institution shall make   the institution's campus sexual assault, family violence, and   stalking 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.          (c)  Each postsecondary educational institution shall   require each entering freshman or undergraduate transfer student to   attend an orientation on the institution's campus sexual assault,   family violence, and stalking 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.  The orientation may be provided   online.          (d)  Each biennium, each postsecondary educational   institution shall review the institution's campus sexual assault,   family violence, and stalking policy and, with approval of the   institution's governing board, revise the policy as necessary.          Sec. 51.253.  SEXUAL ASSAULT ONLINE REPORTING SYSTEM. (a)   Each postsecondary educational institution shall develop and   establish or contract with a third party to develop and establish an   online reporting system through which a student enrolled at or an   employee of the institution may report to the institution an   allegation of sexual assault committed against or witnessed by the   student or employee if:                (1)  the perpetrator of the alleged sexual assault is a   student enrolled at or an employee of the institution; or                (2)  the alleged sexual assault occurred:                      (A)  on the institution's campus or any other   property owned by or under the control of the institution, or in   close proximity to the campus or property; or                      (B)  during any event or activity sponsored or   sanctioned by the institution.          (b)  The online reporting system must enable a student or   employee to report the alleged sexual assault anonymously.          (c)  A protocol for reporting sexual assault adopted under   Section 51.252 must comply with this section.          Sec. 51.254.  AMNESTY FOR STUDENTS REPORTING INCIDENTS OF   SEXUAL ASSAULT. (a) 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 assault for any   violation by the student of the institution's code of conduct   occurring at or near the time of the incident of sexual assault.          (b)  A postsecondary educational institution may investigate   to determine whether a report of an incident of sexual assault was   made in good faith.          (c)  Subsection (a) does not apply to a student who reports   the student's own commission of sexual assault or assistance in the   commission of sexual assault.          (d)  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 (a).          Sec. 51.255.  STUDENT WITHDRAWAL OR GRADUATION PENDING   DISCIPLINARY CHARGES. (a) If a student withdraws or graduates from   a postsecondary educational institution pending a disciplinary   charge alleging that the student violated the institution's code of   conduct by committing sexual assault, the institution:                (1)  may not end the disciplinary process or issue a   transcript to the student until the institution makes a final   determination of responsibility; and                (2)  shall expedite the institution's disciplinary   process as necessary to accommodate the student's interest in a   speedy resolution.          (b)  On request by another postsecondary educational   institution, a postsecondary educational institution shall provide   to the requesting institution information relating to a   determination by the institution that a student enrolled at the   institution violated the institution's code of conduct by   committing sexual assault.          Sec. 51.256.  SEXUAL ASSAULT INVESTIGATION TRAINING. Each   peace officer employed by a postsecondary educational institution   shall complete training on trauma-informed investigation into   allegations of sexual assault.          Sec. 51.257.  MEMORANDA OF UNDERSTANDING REQUIRED. A   postsecondary educational institution shall enter into a   memorandum of understanding with one or more local law enforcement   agencies, sexual assault advocacy groups, and hospitals or other   medical resource providers to facilitate effective communication   and coordination regarding allegations of sexual assault at the   institution.          Sec. 51.258.  RESPONSIBLE EMPLOYEE; CONFIDENTIALITY. (a)   In this section, "Title IX" means Title IX of the Education   Amendments of 1972 (20 U.S.C. Section 1681 et seq.).          (b)  Each postsecondary educational institution shall:                (1)  designate one or more employees to act as   responsible employees for purposes of Title IX; and                (2)  inform each student enrolled at the institution of   the responsible employees designated under Subdivision (1).          (c)  An employee of a postsecondary educational institution   is not considered to be designated under Subsection (b)(1) to act as   a responsible employee for purposes of Title IX solely because the   employee:                (1)  is a faculty member of the institution; or                (2)  has been directed to report information regarding   sexual assault or other crimes to the institution pursuant to a   mandatory reporting policy applicable to all employees of the   institution.          (d)  Information regarding an incident of sexual assault   disclosed to a health care provider or other medical provider   employed by a postsecondary educational institution is   confidential and may be shared by the provider only with the   victim's consent. The provider must provide aggregate data or other   nonidentifying information regarding incidents of sexual assault   to the institution's Title IX coordinator.          (e)  On request for confidentiality by the victim of a sexual   assault, a responsible employee may withhold details regarding the   incident when making a report under Title IX but must include in the   report a statement that the victim requested confidentiality.          Sec. 51.259.  COMPLIANCE. Students enrolled at a private or   independent college or university that does not substantially   comply with this section as determined by the coordinating board   are ineligible for tuition equalization grants under Subchapter F,   Chapter 61.          Sec. 51.260.  RULES. The coordinating board shall adopt   rules as necessary to implement and enforce this subchapter,   including rules that ensure implementation of this section in a   manner that complies with federal law regarding confidentiality of   student educational information, including the Family Educational   Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g).          SECTION 2.  Section 51.9363, Education Code, is repealed.          SECTION 3.  The changes in law made by this Act apply   beginning with the 2017-2018 academic year.          SECTION 4.  Not later than January 1, 2018, each public or   private postsecondary educational institution shall develop and   establish the online reporting system required under Section   51.253, Education Code, as added by this Act.          SECTION 5.  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.