SB 212 Presentation
Sexual Harassment, Sexual Assault, Dating Violence, and Stalking
New State Mandates for Postsecondary Educational Institutions
Texas Tech University – Spring 2020
What Is Senate Bill 212?
Senate Bill 212 was passed during the 2019 Texas legislative session and contains significant provisions for reporting requirements related to:
- Sexual harassment
- Sexual assault
- Dating violence
- Domestic violence
- Stalking
Detailed definitions can be found in Texas Tech University System Regulation 7.06.
Why Is Senate Bill 212 Important?
There are new consequences for failing to report, including mandatory termination and possible criminal and civil penalties.
What Is Required?
All employees who witness or receive information about sexual harassment, sexual assault,
dating violence,
domestic violence and/or stalking in the course and scope of their employment that
involve a current student
or employee must promptly file a report. TTU policy requires student employees to
follow the same reporting policy.
What Is Reportable?
- Sexual harassment
- Sexual assault
- Dating or domestic violence
- Stalking
Definitions
Sexual Harassment
Unwelcome sex‑based verbal or physical conduct that interferes with a persons work or educational environment.
Sexual Assault
An offense that meets the definition of rape, fondling, incest, or statutory rape (i.e. sexual contact or intercourse with a person without that persons consent).
Dating / Domestic Violence
Violence committed by a person who is or has been in a romantic or intimate relationship with the victim, including sexual or physical abuse or the threat of such abuse.
Stalking
A course of conduct directed at a specific person that would cause a reasonable person
to fear for their
safety/ the safety of others. (This includes following, monitoring, surveilling, threatening,
communicating, or interfering with personal property).
Employee Reporting Requirements
Promptly report to Title IX observations witnessed or information received in the
course
and scope of employment of any incident involving a current student or employee. You
must report , even if you believe another reporting concerning the same incident has
already been filed.
Reports must include all known information (including names of parties). You must
report
regardless of when or where the incident occurred.
Keep evidence of your completed report.
Employee Reporting Exemptions
- Employees who are victims of sexual harassment, sexual assault, dating violence, domestic
violence or stalking are not required to report their own incident. Confidential assistance is
available through the Employee Assistance Program, the Student Counseling Center, the
Family Therapy Clinic, the Psychology Clinic, and Health Services. - Employees who learn about incidents through a public awareness event, such as Take Back the Night.
- Confidential Employees (defined by their scope and role at the institution) will only report type of incident with nonidentifying information. Specific training will be provided to these employees.
How to File a Report
- Online report form (Title IX)
- Title IX Coordinator: Dr. Kimberly Simón
Email: titleix@ttu.edu
Phone: 806.742.7233
Doak Hall 129 - Title IX Case Manager: Meredith Holden
Email: meredith.holden@ttu.edu
Phone: 806‑834‑1949
Doak Hall 129 - Office for Student Civil Rights and Sexual Misconduct:
806‑742‑SAFE
Doak Hall 129
Texas Tech Police Department
Filing a police report does not meet SB 212 requirements. Reporting to Title IX is still required unless an active emergency is occurring.
Consequences for Failure to Report
Mandatory termination.
- Class B misdemeanor: up to 180 days in jail and/or a $2,000 fine for knowingly failing to report or making a false report.
- Class A misdemeanor: up to one year in jail and/or a $4,000 fine if the intent was to conceal the incident.
Protection From Retaliation
The University may not discipline or discriminate against employees or students who report or cooperate in good faith.
Questions?
Contact Title IX:
Kimberly Simón
kimberly.simon@ttu.edu
806‑834‑1949
Doak Hall 129
Title IX Staff: 806‑742‑7233
Title IX
-
Address
Doak Hall 129, Lubbock, TX, 79409 -
Phone
806.742.7233 -
Email
titleix@ttu.edu