Sec. 51.286. DISCIPLINARY PROCESS FOR CERTAIN VIOLATIONS. A postsecondary educational institution that initiates a disciplinary process concerning an allegation that a student enrolled at the institution violated the institution's code of conduct by committing sexual harassment, sexual assault, dating violence, or stalking shall:
(1) provide to the student and the alleged victim a prompt and equitable opportunity to present witnesses and other evidence relevant to the alleged violation during the disciplinary process;
(2) ensure that both the student and the alleged victim have reasonable and equitable access to all evidence relevant to the alleged violation in the institution's possession, including any statements made by the alleged victim or by other persons, information stored electronically, written or electronic communications, social media posts, or physical evidence, redacted as necessary to comply with any applicable federal or state law regarding confidentiality; and
(3) take reasonable steps to protect the student and the alleged victim from retaliation and harassment during the pendency of the disciplinary process.
Added by Acts 2019, 86th Leg., R.S., Ch. 1078 (H.B. 1735), Sec. 1, 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