Texas Senate Bill 212

January 6, 2020

Effective January 2020 a new Texas law (Senate Bill 212) requires any employee of a college or university in Texas to report to the Title IX Coordinator any information regarding an alleged incident of sexual harassment, sexual assault, dating violence, or stalking, committed by or against a person enrolled at or employed by the institution at the time of the incident. The law requires colleges to terminate employment for employees who fail to report such matters and imposes criminal penalties of up to a year in jail.

The obligation to report applies whenever an employee receives, in the course and scope of employment, information about an alleged incident which reasonably constitutes sexual harassment, sexual assault, dating violence, or stalking committed by or against a person who was a student or employee at the time of the incident. The report must include all information known to the employee which would be relevant to an investigation or redress of the incident, including whether the alleged victim has expressed a desire for confidentiality. A party’s desire for confidentiality does not relieve the employee’s obligation to report.

The law encourages but does not require student employees to report. Baylor policy, however, requires student employees to report such instances.

The only exceptions to the reporting obligation are for designated confidential sources. At Baylor, the designated confidential sources are counselors and medical personnel when acting as such; and the University Chaplain, Dr. Burt Burleson. Designated confidential resources are not excused from all reporting obligations; they must report the incident type for any report that meets the criteria above.

Definitions of sexual harassment, sexual assault, dating violence (also called intimate partner violence), and stalking are included in the Title IX Policy. However, employees do not need to, and furthermore should not, investigate matters or make unnecessary judgments about the information they receive in order to determine whether the reported information meets the definition for misconduct. All instances of alleged misconduct that could reasonably constitute sexual harassment, sexual assault, dating violence, or stalking must be reported to the Title IX Coordinator.

Reports can be made online at www.baylor.edu/titleix/report. Reports can also be made via email (titleix_coordinator@baylor.edu), phone (254-710-8454), or in person (Clifton Robinson Tower, suite 285).

For additional details about reporting, including information for those designated as confidential resources, please visit the Responsible Employee webpage.

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