Title IX

Important sexual misconduct reporting requirement under Texas law

During the 2019 Texas legislative session, Senate Bill 212 was passed into state law, codified under Texas Education Code § 51.252. This law requires all employees of Texas universities to report incidents of sexual harassment, sexual assault, dating violence, or stalking allegedly committed by or against a student or employee, to a Title IX Coordinator or Deputy Title IX Coordinator. Under this law, an employee who fails to report or falsely reports such an incident will also be subject to criminal liability (misdemeanor) and termination of employment.

SB 212 Highlights

• The bill requires an employee who in the course and scope of employment, witnesses or receives information regarding an incident that the employee reasonably believes constitutes sexual harassment, sexual assault, dating violence, or stalking, and which is alleged to have been committed by or against a person who is a student or employee of the institution at the time of the incident, must promptly report the incident to the institution’s Title IX Coordinator or Deputy Title IX Coordinator.
• If an employee is required to report and fails to make a report, or with the intent to harm or deceive, knowingly makes a report that is false, then the offense is a Class B misdemeanor; If it is shown at trial that the employee acted with an intent to conceal the incident, then the offense is a Class A misdemeanor.
• The institution will be required to terminate an employee whom the institution determines, in accordance with the institution’s disciplinary procedure, to have committed the offense of failing to report or making a false report to the institution.
• The Title IX Coordinator must submit a written report of the reports received by the institution, to be submitted quarterly to the President.
• At least once during each fall or spring semester, the President will be required to submit to the Board of Regents, and post on the institution’s website, a report that must include:
  • The number of reports received by the institution;
  • The number of investigations conducted as a result of those reports;
  • The disposition, if any, of any disciplinary processes arising from those reports;
  • The number of those reports for which the institution determined not to initiate a disciplinary process, if any; and
  • Any disciplinary actions taken regarding failure to report or false reports to the institution.
• The institutional implementation requirements of this bill will take effect January 1, 2020.
• Employees who have been designated as confidential employees are required to report the type of incident only.
• Students who are also employees are strongly encouraged, but not required, to report.

CEO Report under Texas Education Code § 51.253(c)

Effective January 1, 2020, Texas Education Code (TEC), Section 51.253(c) requires an institution or system's Chief's Executive Officer (CEO) submit a report ("CEO Report") at least once during each fall or spring semester to the institution's governing body and post the report on the organization's website. The Texas Higher Education Board (THECB) requires annual certification of compliance for the TEC requirements in October of each year. The CEO Report must contain (1) all reports by employees under the TEC, Section 51.252 that constitutes "sexual harassment," "sexual assault," "dating violence," or "stalking" (as defined in the TEC, Section 51.251), and (2) any disciplinary actions taken under TEC, Section 51.255.

Reference to Applicable Texas Statutes:

CEO's Administrative Reporting Requirements: Tex. Educ. Code Section 51.253(c)

THECB Compliance Requirements: 19 Tex. Admin. Code Section 3.19(a)