Texas dating violence policy
“When it comes to teen violence, there is almost 50/50% (split between men and women).” Pelaéz can’t pinpoint the reason behind why the reported amount of male and female aggressors is nearly equal in teen relationships.
Through her work at Family Violence Prevention Services, which offers residential and non-residential resources for victims in abusive relationships, she has observed a number of scenarios.
Section 51.291 of the law creates confidentiality protections for (1) employees and students who are alleged victims of sex harassment, sex assault, dating violence, and stalking; (2) students and employees who report an incident of sex harassment, sex assault, dating violence, and stalking or participate in an investigation or disciplinary process; and (3) alleged perpetrators but only when “the institution determines the report to be unsubstantiated or without merit.” The identity of these individuals may only be disclosed to: Additionally, the new law provides that “[i]nformation regarding an incident of sexual harassment, sexual assault, dating violence, or stalking disclosed to a health care provider or other medical provider employed by a postsecondary educational institution is confidential and may be shared by the provider only with the victim’s consent.” It further provides that the “provider must provide aggregate data or other nonidentifying information regarding those incidents to the institution’s Title IX coordinator.” 3. HB 1735 requires all “peace officers” employed by an institution to complete training on “trauma-informed investigation” into allegations of sex harassment, sexual assault, dating violence, and stalking. In such instances, the law directs institutions to “expedite” the process to accommodate “the student’s and the alleged victim’s interest in a speedy resolution.” § 51.287(a). Perhaps most significantly, HB 1735 permits the Texas Higher Education Coordinating Board (“THECB”) to asses an administrative penalty up to million against an institution if it determines that an institution is not in “substantial compliance” with the law.
Importantly, “sexual harassment” is defined as: “unwelcome, sex-based verbal or physical conduct” that: It bears noting that this proposed definition of student sexual harassment potentially conflicts with the language outlined in the Department of Education’s proposed Title IX regulations, which defined sexual harassment as: (1) An employee of the recipient conditioning the provision of an aid, benefit, or service of the recipient on an individual’s participation in unwelcome sexual conduct; (2) Unwelcome conduct on the basis of sex that is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient’s education program or activity; or (3) Sexual assault, as defined in 34 CFR 668.46(a). SB 212: Mandatory Reporting for University Employees Senate Bill 212 requires employees of public and private higher education institutions to report sexual harassment, sexual assault, dating violence, or stalking against a student or employee to the institution’s Title IX coordinator. Under SB 212, employees of public, private and independent institutions of higher education who, “in the course and scope of employment,” witness or receive information about an incident that the employee “reasonably believes to constitute sexual harassment, sexual assault, dating violence, or stalking” against a student or employee must “promptly report” the incident to the institution’s Title IX coordinator or deputy Title IX coordinator. THECB must also report institutions not in substantial compliance to the Governor, Lt.
Of course, complicating matters is the fact that institutional compliance efforts will need to be informed by the final Title IX regulations which we expect to be issued in September 2019.
Specific questions about your institution’s compliance with these laws can be directed to Scott Schneider and Paige Duggins-Clay.
One in five high school students in Bexar County will report being abused by someone they are romantically involved with, according to domestic violence experts.
These disturbing local trends echo at the national scale: in 2013, one in every five female high school students in the U. reported physical and/or sexual abuse by a dating partner, according to the Texas Council on Family Violence (TCVF).
HB 1735 directs the commissioner of higher education to create an advisory committee to (1) make recommendations to THECB regarding rules implementing the new law and (2) develop recommended training for responsible and confidential employees. The bill also provides for negotiated rulemaking in which THECB “shall consult with relevant stakeholders.” 51.295(b). A report under section 51.252 must include “all information concerning the incident known to the reporting person that was relevant to the investigation and, if applicable, redress of the incident, including whether the alleged victim expressed a desire for confidentiality.” § 51.252(c). Interestingly, the bill also contains a civil immunity provision for any person who “in good faith” makes a report, assists in the investigation of a report, or otherwise participates in the institution’s disciplinary process. This category of individuals also “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 code of conduct reasonably related to the incident for which suspension or expulsion from the institution is not a possible punishment.” The immunity protection in Section 51.254 does not extend to individuals who perpetrated or assisted in the perpetration of a reported offense. SB 212 permits THECB to assess an administrative penalty up to $2 million dollars against institutions it determines are not in substantial compliance with the law.