Sec. 51.284. AMNESTY FOR STUDENTS REPORTING CERTAIN INCIDENTS. (a) A postsecondary educational institution may not take any disciplinary action against a student enrolled at the institution who in good faith reports to the institution being the victim of, or a witness to, an incident of sexual harassment, sexual assault, dating violence, or stalking for a violation by the student of the institution's code of conduct occurring at or near the time of the incident, regardless of the location at which the incident occurred or the outcome of the institution's disciplinary process regarding the incident, if any.
(b) A postsecondary educational institution may investigate to determine whether a report of an incident of sexual harassment, sexual assault, dating violence, or stalking was made in good faith.
(c) A determination that a student is entitled to amnesty under Subsection (a) is final and may not be revoked.
(d) Subsection (a) does not apply to a student who reports the student's own commission or assistance in the commission of sexual harassment, sexual assault, dating violence, or stalking.
(e) This section may not be construed to limit a postsecondary educational institution's ability to provide amnesty from application of the institution's policies in circumstances not described by Subsection (a).
Added by Acts 2017, 85th Leg., R.S., Ch. 720 (S.B. 969), Sec. 1, eff. June 12, 2017.
Transferred, redesignated and amended from Education Code, Section 51.9366 by Acts 2019, 86th Leg., R.S., Ch. 1078 (H.B. 1735), Sec. 3, eff. September 1, 2019.
Structure Texas Statutes
Subtitle A - Higher Education in General
Chapter 51 - Provisions Generally Applicable to Higher Education
Subchapter E. -3. Sexual Harassment, Sexual Assault, Dating Violence, and Stalking
Section 51.282. Policy on Sexual Harassment, Sexual Assault, Dating Violence, and Stalking
Section 51.283. Electronic Reporting Option
Section 51.284. Amnesty for Students Reporting Certain Incidents
Section 51.285. Victim Request Not to Investigate
Section 51.286. Disciplinary Process for Certain Violations
Section 51.287. Student Withdrawal or Graduation Pending Disciplinary Charges
Section 51.288. Trauma-Informed Investigation Training
Section 51.289. Memoranda of Understanding Required
Section 51.290. Responsible and Confidential Employee; Student Advocate
Section 51.291. Confidentiality