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“But the one emotion that determines and, for me, defines if there’s abuse or not is if one of them is afraid of the other.” Cases of domestic and dating violence often go unreported, but most that are reported are collected from the National Teen Dating Violence hotline.Texas ranks number two in the nation for call volume to the hotline and San Antonio ranks number four in the state behind Houston, Dallas, and Austin.“Jealously is possessiveness, it comes from a place of low self-esteem in the victimizer,” she said.“ Domestic and dating abuse are progressive by nature, so misinterpretations can build upon others and become dangerous.Many adult and teenage perpetrators and victims alike have trouble identifying their own abusive relationship.
These laws apply to all higher education institutions and represent perhaps the most significant and comprehensive state legislation in the country relating to institutional response to sexual misconduct. Section 1092(f)(6)(A))” and its enabling regulations. The authority for THECB to eventually fine institutions for non-compliance is certainly unprecedented, as are potential criminal sanctions for employees who fail to make mandatory reports.
Young men often mimic behavior of abuse learned from father figures while young women, she said, typically lash out physically or verbally in response to abusive behavior by their male partner.
The digital world, namely smartphones and social media, has changed the face of abuse.
HB 1735 directs the commissioner of higher education to create an advisory committee to (1) make recommendations to THECB regarding rules implementing the new law and (2) develop recommended training for responsible and confidential employees. The bill also provides for negotiated rulemaking in which THECB “shall consult with relevant stakeholders.” 51.295(b). A report under section 51.252 must include “all information concerning the incident known to the reporting person that was relevant to the investigation and, if applicable, redress of the incident, including whether the alleged victim expressed a desire for confidentiality.” § 51.252(c). Interestingly, the bill also contains a civil immunity provision for any person who “in good faith” makes a report, assists in the investigation of a report, or otherwise participates in the institution’s disciplinary process. This category of individuals also “may not be subjected to any disciplinary action by the postsecondary educational institution at which the person is enrolled or employed for any violation by the person of the institution’s code of conduct reasonably related to the incident for which suspension or expulsion from the institution is not a possible punishment.” The immunity protection in Section 51.254 does not extend to individuals who perpetrated or assisted in the perpetration of a reported offense. SB 212 permits THECB to assess an administrative penalty up to million dollars against institutions it determines are not in substantial compliance with the law.
Finally, institutions are required to provide information relating to a sexual harassment, sexual assault, dating violence, or stalking violation in response to a request from another institution.§ 51.287(b). This penalty may not be paid with state or federal dollars. Notably, the bill specifically exempts an enrolled student from the definition of “employee.” § 51.251(2). SB 212 makes it a Class B misdemeanor (punishable by a maximum of 180 days in jail and/or a maximum fine of ,000) for a person who “is required to make a report under Section 51.252 and knowingly fails to make the report” or “with the intent to harm or deceive, knowingly makes a report under Section 51.252 that is false.” . The offense is escalated to a Class A misdemeanor (punishable by up to one year in jail and/or a maximum fine of ,000) “if it is shown on the trial of the offense that the actor intended to conceal the incident that the actor was required to report under Section 51.252.” In addition, an institution must terminate any employee who it “determines in accordance with the institution’s disciplinary procedure to have” not made a required report. In addition to internal reports to the Title IX coordinator(s), SB 212 requires Title IX coordinators to submit a “written report” on incident reports received to the institution’s chief executive officer at least once every three months. In addition, a Title IX coordinator has an affirmative obligation to “immediately report” incidents to the chief executive officer “if the coordinator has cause to believe that the safety of any person is in imminent danger as a result of the incident.” 6. In addition to the criminal sanctions, SB 212 requires the chief executive officers of institutions to “annually certify in writing” to THECB that the institution is in “substantial compliance” with the law.
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HB 1735 requires institutions to incorporate the following elements into its disciplinary proceedings for incidents of sexual harassment, sexual assault, dating violence, or stalking involving students: § 51.286.