Texas Tech University

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 person’s 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 person’s 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