Texas State Laws

SB 212 and HB 1735, which passed in the 86th Texas legislative session, contains state provisions that apply to Title IX-related institutional policies, processes, and procedures. U.T. System has issued guidance on and The Texas Higher Education Board (“THECB”) has adopted administrative rules for SB 212 and HB 1735. The UTA Title IX Office has conducted training across campus the past few months on these updates.

Key Points

• Starting January 1, 2020, all employees (including student employees) who, in the course and scope of employment, witnesses or receives information regarding an incident that the employee reasonably believes could constitute a Title IX incident that involves a current student or employee, is required to report promptly to the Title IX Coordinator or a deputy coordinator all relevant information that is known about the incident regardless of when or where the incident occurred.
• Retaliation against persons who report, cooperate or participate in an investigation or disciplinary process is prohibited and subject to disciplinary action.
• Exceptions to the mandatory reporting requirement:
  • Employees who have been designated by the university as confidential employees and acting in the course and scope of their duties at the time of the disclosure is made. Information disclosed to a confidential employee may only be shared with the alleged victim’s written consent. Under new state law, confidential employees are required to report the type of incident only.
  • Alleged victims are not required to report their own incident.
  • Employees are not required to report an incident that is disclosed at a public awareness event that is sponsored by the institution or sponsored by a student organization.
• Consequences for failure to report or filing a false report:
  • An employee who fails to report or falsely reports an incident of sexual harassment, sexual assault, dating violence, or stalking may be subject to a criminal offense (misdemeanor).
  • The University must terminate any employee who it determines in accordance with the institution’s disciplinary procedure to have not made a required report.

For more information or training requests on Title IX and/or new state legislation, contact Title IX Coordinator, Michelle Willbanks at titleix@uta.edu or fill out a training request form.