All employees, students, and third parties are strongly encouraged to immediately report any incidents of alleged sexual misconduct to their Title IX Coordinator.
Per state law and UHS policy, all employees who receive a report of sexual misconduct must promptly share that information with the Title IX Coordinator and cannot maintain confidentiality with the exception of:
- Counseling or health center staff
- Individuals who are associated with the University in the role of a pastoral counselor or confidential advisor
- Sexual Misconduct Support Services
In addition, some individuals who are not Responsible Employees who must also share reports of sexual misconduct with the Title IX Coordinator include, but are not limited to:
- Resident Advisors
- Members of Student Government Associations
- Individuals, including students, serving as responsible persons, even if they are volunteers, at a University-affiliated activity. These individuals could be teaching, graduate, and research assistants, chaperones, peer mentors, and retreat counselors.
These individuals are required to report because they are either in a position to do something about the alleged action, may be perceived to be able to do something about the alleged action, or would otherwise have to report known or suspected incidents of sexual misconduct.
However, employees are not required to report incidents of sexual misconduct disclosed at a public awareness event. Public awareness events such as “Take Back the Night,” candlelight vigils, protests, “survivor speak outs,” or other forums in which members of the community disclose incidents of violations of the UHS Sexual Misconduct Policy are not considered notice to the University for the purpose of triggering its obligation to investigate. However, information regarding rights under the Policy will be available to anyone who discloses sexual misconduct at one of these types of events.
Employees who fail to report as required or knowingly make a false report of sexual misconduct are subject to mandatory termination and may incur criminal liability per state law (SB 212).
Texas Education Code Chapter 51, Subchapter E-2, Sections 51.251-.259
In the 86th Texas legislative Session, the Texas Legislature passed Senate Bill 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.
More information, including Frequently Asked Questions, about SB 212 is available here.
As of January 1, 2020, Texas universities are required to annually post online SB 212 reporting data. The data may not identify any person and must include:
- the number of reports received under Texas Education Code Section 51.252;
- the number of investigations conducted as a result of those reports;
- the disposition, if any, of any disciplinary processes arising from those reports;
- the number of those reports for which the institution determined not to initiate a disciplinary process, if any; and
- any disciplinary actions taken under Texas Education Code Section 51.255.
To view the annual CEO report for the UH System, please download the PDF below.