| (a) The protections provided by this section apply
to:
(1) an alleged victim;
(2) a person who reports an incident to an institution;
(3) a person who sought guidance from the institution
concerning an incident;
(4) a person who participated in the institution's
investigation of an incident; or
(5) a person who is alleged in a report made to an
institution to have committed or assisted in the commission of sexual
harassment, sexual assault, dating violence, or stalking, if after
completing an investigation, the institution determines the report
to be unsubstantiated or without merit.
(b) Unless waived in writing by the person, the identity
of a person described by Subsection (a):
(1) is confidential and not subject to disclosure under
Chapter 552, Government Code; and
(2) may be disclosed only to:
(A) persons employed by or under contract with the
postsecondary educational institution to which the report is made
who are necessary for an investigation of the report or other related
hearings;
(B) a law enforcement officer as necessary to conduct
a criminal investigation of the report by persons described by Subsection
(a);
(C) a health care provider in an emergency, as determined
necessary by the institution;
(D) the person or persons alleged to have perpetrated
the incident, to the extent required by other law; and
(E) potential witnesses to the incident as necessary
to conduct an investigation of the report and to the extent required
by other law.
(c) For the purposes of this section, investigation
includes the coordination of the incident response, implementation
of interim measures, adjudication of the report, and disclosure by
the institution as required under state or federal law.
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