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Equal Opportunity Services and Title IX Office

Mandatory Reporters FAQs

MANDATORY REPORTER/ SB212 FREQUENTLY ASKED QUESTIONS

  1. What is Senate Bill 212/TEC 51.525?
  2. What do I report?
  3. What does the law mean when it says that reports are to be made "promptly"?
  4. I am a student, and a faculty or staff member reported to the Title IX Coordinator that I am the Complainant in an investigation under HOP 9.24 related incident. Am I obligated to participate in the investigation?
  5. I am not sure if the information shared with me is considered to be stalking, sexual harassment, sexual assault, or dating violance. What should I do?
  6. What if the person who shared information with me requests confidentiality?
  7. Where do faculty and staff report sexual assault, sexual harassment, dating violence, or stalking incidents committed by or against a student or employee under TEC 51.252?
  8. Does TEC 51.252 require a student to report incidents of sexual assault, sexual harassment, dating violence, or stalking committed by or against a student employee?
  9. I was a "mandatory reporter" before TEC 51.252 because law. Have my reporting obligations changed?
  10. What are the penalties of non-compliance with TEC 51.252?
  11. I am a faculty member. Am I required to report something that gets disclosed in one of my classes?
  12. Are there any protections for an employee who makes a report as required by this law?
  13. TEC 51.253 requires the Title IX Coordinator to prepare certain quarterly and annual administrative reports regarding UTSA's compliance efforts. What information will be included in the reports and where can I find the annual report?

 

1. What is Senate Bill 212/ TEC 51.252?

  • Senate Bill 212 (SB 212) passed during the 2019 legislative session.
  • Texas State Law that requires all employees (both faculty and staff) at a public or private post-secondary institution to promptly report any knowledge of any incidents of sexual assault, sexual harassment, dating violence, or stalking "committed by or against a person who was a student enrolled at or an employee of the institution at the time of the incident". 
  • The SB 212 penalties took effect on January 1, 2020. This was codified under the Texas Education Code Sec. 51.252.

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2. What do I report?

  • The report to the Title IX or Deputy TIX Coordinator must include “all information concerning the incident known to the reporting person that is relevant to the investigation.”

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3. What does the law mean when it says that reports are to be made “promptly”?

  • The word “promptly” is not defined in TEC 51.252, so standard rules of construction look to the dictionary definition of the word in question.  “
  • Prompt” is defined as “done, performed, delivered, etc., at once or without delay: a prompt reply; ready in action; quick to act as occasion demands; quick or alert: prompt to take offense”.

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4. I am a student, and a faculty or staff member reported to the Title IX Coordinator that I am the Complainant in an investigation under HOP 9.24 related incident. Am I obligated to participate in the investigation?

  • No. As a student, you always have the option to request a dismissal of the investigation or to decline to participate in an investigation that may be initiated by EOS.
  • For matters where the Respondent is a student, the Title IX Coordinator will review the dismissal request and determine if the investigation meets the requirements to be dismissed.
  • If the investigation is not dismissed, the Complainant always has the right to decline to participate during the investigation process. However, without the participation of the Complainant, the university may not have enough information to move forward the investigation or adjudication process. Factors that may require EOS to initiate and continue the investigation include, but are not limited to:
1.  The seriousness of the alleged conduct;
2.  Whether the university has received other reports of an incident committed by
     the alleged Respondent(s);
3.  Whether the alleged incident poses a health and safety risk to others.

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5. I am not sure if the information shared with me is considered to be stalking, sexual harassment, sexual assault or dating violence. What should I do?

  • When in doubt fill it out! You can report potential allegations here.
  • Do not try to determine if the incident meets one of those definitions.
  • Report any information that was shared with you with the Title IX or Deputy TIX Coordinator and they will determine whether the information qualifies.

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6. What if the person who shared information with me requests confidentiality?

  • You should inform this person that, at this stage of the process, you are required to report all known information to the Title IX or Deputy TIX Coordinator.
  • You can also inform them that they can consult with EOS and share their wishes on how they want to proceed with the process.
  • You may also direct them to a confidential employee. However, you must still report.
  • The University has designated the counseling center providers and health providers at Wellness 360, PEACE Center (Campus Advocate) and Student Assistance Services, and University Ombudsperson as confidential employees. At the University, Confidential Employees report the type of incident ONLY to the Title IX Coordinator on a monthly basis using a reporting form without including the parties personally identifiable information.

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7. Where do faculty and staff report sexual assault, sexual harassment, dating violence, or stalking incidents committed by or against a student or employee under TEC 51.252?

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8. Does TEC 51.252 require a student to report incidents of sexual assault, sexual harassment, dating violence, or stalking committed by or against a student or employee"?

  • No. The law only requires employees to report the incidents.
  • Student enrolled at the institution are not required to report unless the student is employed by the institution such as Resident Assistants, Student Employees, and etc.

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9. I was a “mandatory reporter” before TEC 51.252 became law. Have my reporting obligations changed?

  • No. If you were previously required to report incidents of sexual harassment, sexual assault, dating violence, and/or stalking because of your position at UTSA, your reporting obligations are the same.

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10. What are the penalties of non-compliance with TEC 51.252?

  • TEC 51.252 has strong penalties for not complying with the law.
  • Employees failing to report incidents defined under the law can be charged with a Class B Misdemeanor and face termination.
  • Persons intentionally trying to cover up a failure to report are subject to a Class A misdemeanor and face termination.
  • Furthermore, if the Texas Higher Education Coordinating Board find that UTSA failed to comply with TEC 51.252, UTSA could face a fine up to a $2 million dollar penalty. 

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11. I am a faculty member. Am I required to report something that gets disclosed in one of my classes?

  • Yes. TEC 51.252 has only two exceptions for requiring reports of sexual harassment, sexual assault, dating violence or stalking.  
  • If you are the victim of sexual harassment, sexual assault, dating violence or stalking, you are not required to report your own experience.
  • If the disclosure is made at a “public awareness event” sponsored by the University or a university-affiliated student organization (i.e. Take Back the Night, National Night Out), you are not required to report information reported to you at the event. However, you should direct the reporter to the reporting form, confidential resources, and other campus resources.

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12. Are there any protections for an employee who makes a report as required by this law?

  • Yes. If you report something in good faith or assist in the investigation of a report, you are protected from retaliation under UTSA HOP policies.
  • A report made in good faith is when a reasonable person, given the known facts of the incident, would more likely than not conclude that prohibited conduct had occurred. 

 

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13. TEC 51.253 requires the Title IX Coordinator to prepare certain quarterly and annual administrative reports regarding UTSA's compliance efforts. What information will be included in the reports and where can I find the annual report?

  • TEC 51.253 requires the university’s Title IX Coordinator to provide a quarterly report to the President/CEO of the University that contains all of the reports submitted to the university.
  • The report includes data about the number of investigations reported and submitted to the university, and the disposition of any disciplinary processes that resulted from the investigation.
  • Additionally, UTSA publishes an annual report that includes the data from the quarterly reports. You can view the annual report here.

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Last Updated on August 2024