Number: 206††††††††††††††††††††††† Employee
During the 2019
Texas legislative session, Senate Bill 212 was passed into state law.† This new law requires all
employees of Texas universities to report incidents
of sexual harassment, sexual assault, dating violence, or stalking
allegedly committed by or against a student or employee, to a Title IX
Coordinator or Deputy Title IX Coordinator.† Under this new law, an employee
who fails to report or falsely reports such an incident will also be subject to
criminal liability (misdemeanor) and termination of employment.
SB 212 Regulation
- The bill
requires an employee who in the course and scope of employment, witnesses
or receives information regarding an incident that the employee reasonably
believes constitutes sexual harassment, sexual assault, dating violence,
or stalking, and which is alleged to have been committed by or against a
person who is a student or employee of the institution at the time of the
incident, must promptly report the incident to the institutionís Title IX
Coordinator or Deputy Title IX Coordinator.
- If an employee
is required to report and fails to make a report, or with the intent to
harm or deceive, knowingly makes a report that is false, then the offense
is a Class B misdemeanor; If it is shown at trial that the employee acted
with an intent to conceal the incident, then the offense is a Class A
institution will be required to terminate an employee whom the institution
determines, in accordance with the institutionís disciplinary procedure,
to have committed the offense of failing to report or making a false
report to the institution.
- The Title IX
Coordinator must submit a written report of the reports received by the
institution, to be submitted quarterly to the President.
- At least once
during each fall or spring semester, the President will be required to
submit to the Board of Trustees, and post on the institutionís website, a
report that must include:
The number of reports received by the institution;
The number of investigations conducted as a result of those
The disposition, if any, of any disciplinary processes arising
from those reports;
The number of those reports for which the institution determined
not to initiate a disciplinary process, if any; and
Any disciplinary actions taken regarding failure to report or
false reports to the institution.
institutional implementation requirements of this bill became effective
January 1, 2020.
- Employees who
have been designated as confidential employees are required to report the
type of incident only.
- Students who
are also employees are strongly encouraged, but not required, to report.
(Students are defined as full-time students who may work part-time for the
- No retaliation
provision:† It is a violation of Ambertonís policy to discipline or
otherwise discriminate against an employee who in good faith makes a
mandatory report or cooperates with an investigation, disciplinary
process, or judicial proceeding relating to a mandatory report.
Reports can be made to the Title IX or Deputy Coordinator
at or online through the Amberton website: https://www.amberton.edu/help-and-advice/title-ix.html†† Click on Help and Advice Ė Sexual Misconduct and Title
IX Statements.† Scroll to the bottom of the page to access the Reporting Tool.†
Anyone with concerns or questions is encouraged to contact the Title IX
Coordinator or Deputy Coordinator.
Title IX Coordinator:†††††††††††† Dr. Jo Lynn Loyd, VP for
Deputy Coordinator:††††††††††† Dr. Brent Bradshaw, VP for