State Law and Related Data FY2022
The University of Houston-Downtown encourages individuals who have experienced sexual misconduct to seek support services. All employees are required to report incidents of sexual misconduct. Read more below to learn more about your reporting obligations under Texas Senate Bill 212 (SB 212). If you have any other questions about SB 212 or related policies, please contact:
SB 212 Frequently Asked Questions
- In the 86th Texas legislative Session, the Texas Legislature passed SB 212 which establishes mandatory requirements for reporting incidents of sexual harassment, sexual assault, dating violence, and stalking. The bill applies to employees of postsecondary institutions, which includes all UH System campuses, and it outlines the consequences for University employees who fail to report or knowingly make false reports of alleged incidents of sexual misconduct.
- All employees must promptly report to the Title IX Coordinator observations they witness or information they receive while in the course and scope of their employment that they reasonably believe may constitute a violation of the Sexual Misconduct Policy and are committed by or against a member of the University community, a student enrolled or employee employed, at the time of the incident.
- This includes information witnessed, received first- or second-hand, and overheard even if you think the information may be "just a rumor."
- All known details must be reported regardless of when or where the incident occurred, including whether the complainant expressed a desire for confidentiality.
- Include names of the parties and their University affiliation; the names of other people who may be involved; any relevant facts including date, time, and incident location; and any supportive measures, such as academic accommodations, housing changes, etc., you may have implemented, if known.
- If after an investigation, the University determines that an employee knowingly failed to make a report, made a false report, or intended to conceal the incident, state law requires the University to terminate the employee, regardless of tenure status.
- An employee who is required to make a report and knowingly fails to make the report, or with the intent to harm or deceive knowingly makes a report that is false, may also be charged with a Class B misdemeanor, which is punishable by a maximum of 180 days in jail and/or a maximum fine of $2,000.
- If it is shown at the trial of the offense that the employee intended to conceal the incident, the offense may be escalated to a Class A misdemeanor, which is punishable by up to one year in jail and/or a maximum fine of $4,000.
- SB 212 is not triggered by failing to report something that occurred before a student was a member of the University community. However, some incidents can have a recurring nature such as harassment, dating violence or stalking.
- Report historical incidents you learn of so that the Title IX Office can provide resources and determine if the student is still being personally impacted by the incident or if there may be a threat of recurrence.