(a) An employee of a postsecondary educational institution
who, in the course and scope of employment, witnesses or receives
information regarding the occurrence of an incident that the employee
reasonably believes constitutes sexual harassment, sexual assault,
dating violence, or stalking and is alleged to have been committed
by or against a person who was a student enrolled at or an employee
of the institution at the time of the incident shall promptly report
the incident to the institution's Title IX coordinator or deputy Title
IX coordinator.
(1) The employee's duty to report an incident begins
on the effective date of these regulations or January 1, 2020, whichever
is later;
(2) The employee is required to report an incident
regardless of when or where the incident occurred; and
(3) Institutions may establish additional reporting
avenues to comply with this section provided that the reports are
promptly routed to the Title IX coordinator or deputy Title IX coordinator.
(b) Except as provided by Subsection (c), the report
must include all information concerning the incident known to the
reporting person that is relevant to the investigation and, if applicable,
redress of the incident, including whether an alleged victim has expressed
a desire for confidentiality in reporting the incident.
(c) In making a report under this section,
(1) the employees of a postsecondary educational institution
identified below shall only report as follows:
(A) absent consent from the reporting student, an employee
designated by the institution as a person with whom students may speak
confidentially concerning sexual harassment, sexual assault, dating
violence, or stalking shall only state the type of incident reported
and may not include any information that would violate a student's
expectation of privacy;
(B) absent consent from the reporting individual, an
employee who receives information regarding an incident of sexual
harassment, sexual assault, dating violence, or stalking under circumstances
that render the employee's communications confidential or privileged
under other law shall only state the type of incident reported and
may not include any information that would violate an expectation
of privacy; or
(C) absent consent from the victim(s), an employee
who receives information regarding an incident of sexual harassment,
sexual assault, dating violence, or stalking in the course and scope
of employment as a healthcare provider, mental health care provider,
or other medical provider shall only state the type of incident reported
and may not include any information that would violate an expectation
of privacy.
(2) This subsection does not affect the employee's
duty to report an incident under any other law, including but not
limited to, the Jeanne Clery Disclosure of Campus Security Policy
and Campus Crime Statistics Act (20 U.S.C. Section 1092 (f)), Texas
Family Code Section 261.101, or Health and Safety Code Section 611.004.
When multiple confidential employees receive information about the
same incident (e.g. student health center or counseling center), only
a single report stating the type of incident is required.
(d) Notwithstanding Subsection (a), a person is not
required to make a report under this section concerning:
(1) an incident in which the person was a victim of
sexual harassment, sexual assault, dating violence, or stalking;
(2) an incident of which the person received information
due to a disclosure made at a sexual harassment, sexual assault, dating
violence, or stalking public awareness event sponsored by a postsecondary
educational institution or by a student organization affiliated with
the institution; or
(3) a sexual harassment, sexual assault, dating violence,
or stalking incident in which the person has either learned of the
incident during the course of their institution's review or process
or has confirmed with the person or office overseeing the review or
process, that the incident has been previously reported.
(e) A person acting in good faith who reports or assists
in the investigation of a report of an incident described by this
section or who testifies or otherwise participates in a disciplinary
process or judicial proceeding arising from a report of such an incident
may not be subjected to any disciplinary action by the postsecondary
educational institution at which the person is enrolled or employed
for any violation by the person of the institution's policy or code
of conduct reasonably related to the incident for which suspension
or expulsion from the institution is not a possible punishment.
(f) Subsection (e) does not apply to a person who perpetrates
or assists in the perpetration of the incident reported under this
section.
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