Reporting Required for Certain Incidents
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.
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.
An employee of a postsecondary educational institution designated by the institution as a person with whom students may speak confidentially concerning sexual harassment, sexual assault, dating violence, or stalking or who receives information regarding such an incident under circumstances that render the employee’s communications confidential or privileged under other law shall, in making a report under this section, state only the type of incident reported and may not include any information that would violate a student’s expectation of privacy. This subsection does not affect the employee’s duty to report an incident under any other law.
Notwithstanding Subsection (a), a person is not required to make a report under this section concerning:
an incident in which the person was a victim of sexual harassment, sexual assault, dating violence, or stalking; or
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.Added by Acts 2019, 86th Leg., R.S., Ch. 958 (S.B. 212), Sec. 1, eff. September 1, 2019.