SB 212

In the 86th Texas legislative Session, the Texas Legislature passed SB 212 which establishes mandatory requirements for reporting incidents of sexual harassment, sexual assault, dating violence, and stalking. The bill applies to employees of post secondary institutions, which includes all TXST System campuses, and it outlines the consequences for University employees who fail to report or knowingly make false reports of alleged incidents of sexual misconduct. 

All employees must promptly report to the Title IX Coordinator observations they witness or information they receive while in the course and scope of their employment that they reasonably believe may constitute a violation of the Sexual Misconduct Policy and are committed by or against a member of the University community, a student enrolled or employee employed, at the time of the incident. 

This includes information witnessed, received first- or second-hand, and overheard even if you think the information may be "just a rumor." 

Sexual Harassment is unwelcome, sex-based verbal, written, or physical conduct. Forms of Sexual Harassment may include Non-consensual Sexual Contact, Sexual Exploitation, and Sexual Intimidation, as defined by TXST System Policy.

Dating Violence consists of violence and threats of violence that occur within a romantic or dating relationship. 

Stalking is a course of conduct--meaning two or more actions by a person or through third parties--that would cause a reasonable person to suffer emotional distress or to fear for their own or someone else's safety. This refers to stalking that is due to a current or desired sexual or romantic relationship. 

Sexual Assault is sexual intercourse that occurs without consent, including oral sex and knowingly transmitting a sexually transmitted infection. 

Yes. If the incident was committed by or against a member of the University community at the time of the incident, you are required to report even if the incident occurred off campus.

Yes, you are required to report rumors because rumors can often turn out to be true. The Title IX office will determine whether a rumor is credible based on an investigation after receiving your report. 

To make a report, you may submit your report online using your institution's online reporting form or contact your campus Title IX Coordinator.

If you submit an online report and do not know some of the required information, please leave it blank, or if possible, use your best guess and explain in your narrative. 

SB 212 requires that you "promptly report" incidents of sexual misconduct. Please make every effort to make your report within 24 hours of observing or receiving information that you believe may constitute sexual misconduct. The Title IX office will use the reasonable person standard to determine whether your report was made promptly.

All known details must be reported regardless of when or where the incident occurred, including whether the complainant expressed a desire for confidentiality.

Please include names of the parties and their University affiliation; the names of other people who may be involved; any relevant facts including date, time, and incident location; and any supportive measures, such as academic accommodations, housing changes, etc. you may have implemented, if known. 

You will not be penalized for mistaken information if you provided the details in good faith based on the specifics available to you at the time you reported.

Unless the Title IX Coordinator has additional questions, you probably will not receive a response to your report. If you want to confirm that the Title IX office received your report or would like to discuss the matter further, please feel free to contact your campus Title IX Coordinator. 

Please report even if you are not sure the incident falls into one of the required categories. The Title IX Coordinator will determine whether the information you provided constitutes sexual misconduct under the TXST Sexual Misconduct Policy and state law. 

If the person who made a disclosure of sexual misconduct to you requested confidentiality, it is a best practice to let them know that you are required to report the matter to the Title IX Coordinator by the TXST Sexual Misconduct Policy and state law.

If after an investigation, the University determines that an employee knowingly failed to make a report, made a false report, or intended to conceal the incident, state law requires the University to terminate the employee, regardless of tenure status. 

An employee who is required to make a report and knowingly fails to make the report, or with the intent to harm or deceive knowingly makes a report that is false, may also be charged with a Class B misdemeanor, which is punishable by a maximum of 180 days in jail and/or a maximum fine of $2,000. 

If it is shown at the trial of the offense that the employee intended to conceal the incident, the offense may be escalated to a Class A misdemeanor, which is punishable by up to one year in jail and/or a maximum fine of $4,000. 

Yes, please report to the Title IX Coordinator even if you think someone else has already reported the incident. 

Yes, employees are required to report incidents they learn of in class assignments, via e-mail or other electronic means, etc. even if the information available is limited.

Yes, there are limited reporting exceptions. Employees who hear information at a public awareness or "speak out" event, employees who are the victims of the incident(s) of sexual misconduct, student employees (some may still be mandatory reporters under the TXST Sexual Misconduct Policy), and employees designated by the University as confidential resources are not required to report. 

Mental health counselors, healthcare professionals, clergy, and Sexual Misconduct Support Services professionals are considered confidential resources when acting in that capacity.

If you are accused of failing to make a report or knowingly making a false report, a review will be conducted and if disciplinary action is taken, you will be provided the same rights your campus provides for any disciplined employee. 

If you are a Campus Security Authority, you must also submit a Clery Incident Report form to your campus Clery Compliance Officer.

Adults in Texas also have separate mandated reporting responsibilities related to child abuse, elder abuse or abuse of a person with a disability. See Texas Family Code § 261.101.