| (a) If an alleged victim of an incident of sexual harassment,
sexual assault, dating violence, or stalking reported to a postsecondary
educational institution requests the institution not to investigate
the alleged incident, the institution may investigate the alleged
incident in a manner that complies with the confidentiality requirements
under Texas Education Code Section 51.291 and Section 3.17 of this
Subchapter. In determining whether to investigate the alleged incident,
the institution shall consider:
(1) the seriousness of the alleged incident;
(2) whether the institution has received other reports
of sexual harassment, sexual assault, dating violence, or stalking
committed by the alleged perpetrator or perpetrators;
(3) whether the alleged incident poses a risk of harm
to others; and
(4) any other factors the institution determines relevant.
(b) If a postsecondary educational institution decides
not to investigate an alleged incident of sexual harassment, sexual
assault, dating violence, or stalking based on the alleged victim's
request not to investigate, the institution shall take any reasonable
steps the institution determines necessary and consistent with the
institution's policy and applicable law to protect the health and
safety of the institution's community in relation to the alleged incident.
(c) A postsecondary educational institution shall inform
an alleged victim of an incident of sexual harassment, sexual assault,
dating violence, or stalking who requests the institution not to investigate
the alleged incident of the institution's decision whether to investigate
the alleged incident.
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