Number: 206                        Employee Mandatory Reporting

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 Highlights

• 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 institution’s 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 misdemeanor.
• The institution will be required to terminate an employee whom the institution determines, in accordance with the institution’s 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 institution’s website, a report that must include:

The number of reports received by the institution;

The number of investigations conducted as a result of those reports;

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.

• The 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 institution.)
• No retaliation provision:  It is a violation of Amberton’s 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 – 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 Strategic Services

JLoyd@Amberton.edu

                                                972/279-6511 ext. 126

Deputy Coordinator:            Dr. Brent Bradshaw, VP for Administrative Services

BBradshaw@Amberton.edu

                                                972/279-6511 ext. 141