Texas Professors Could Be Criminally Charged if They Don’t Report Sexual Violence

Deborah Cannon, Austin American-Statesman, AP Images

College and university employees who learn about and fail to report complaints of sexual harassment, assault, dating violence, or stalking could face criminal charges under legislation approved this week in Texas.

The bill, sponsored by Sen. Joan Huffman, a Republican from Houston, would also make it a crime to file a false report about such incidents. It would apply to employees at both public and private colleges.

Employees could also be fired for failing to promptly report such incidents to their Title IX administrators. The bill, approved by the Senate and then by the House, next goes to the governor for his signature, according to a staff member in Huffman’s office. The Republican governor, Greg Abbott, has not indicated whether he will sign the bill, but his approval is expected.

Texas is the latest state aiming to crack down on people who look the other way when incidents of sexual misconduct occur. The issue gained urgency and bipartisan support in recent years when Baylor University was rocked by scandal over complaints that it had turned a deaf ear to women’s reports of sexual assaults, many involving football players.

Under the legislation, those who knowingly fail to file a report, or who file a false report “with the intent to harm or deceive,” would face a Class B misdemeanor charge, punishable by up to 180 days in jail, a fine of up to $2,000, or both. If it came out at trial that the person intended to conceal the incident, the offense would be a Class A misdemeanor, punishable by up to a year in jail, a fine of up to $4,000, or both.

It’s unclear how much the legislation would change the reporting requirements for colleges in Texas. The federal gender-equity law known as Title IX already requires the reporting of sexual misconduct, but those requirements, many experts say, are confusing and inconsistently enforced.

In other states, advocates for sexual-assault survivors have questioned whether making every employee a so-called mandatory reporter — people required to report to Title IX officials on any incidents they hear about — could chill students’ willingness to confide in their professors if they aren’t ready to start a Title IX procedure.

The University of Oregon revised its policy in 2017 so professors would no longer have to notify campus authorities when students told them about an assault.

Oregon’s more-nuanced policy creates tiers of reporting responsibilities, with faculty members permitted to take their cues from students, who may or may not be ready to report.

Distinguishing ‘Fact From Rumor’

Among the groups supporting the Texas legislation is the Texas Association Against Sexual Assault. Supporters say the bill would ensure that colleges and universities don’t cover up incidents of sexual violence and would encourage more victims to come forward.

By requiring that their names remain confidential, unless they direct otherwise, the legislation would “balance students’ need to seek help with their expectations of privacy,” a written summary of the bill states.

Texas Action, a conservative policy group, opposes the legislation, calling the reporting requirement overly broad.

Employees “would be required to report on any rumor that they hear with respect to the enumerated offenses,” the group said in a written statement. “This may lead to overreporting, out of an abundance of caution, by people who want to ensure that they do not face criminal charges. Universities would find it difficult to manage and investigate reports, as well as distinguish fact from rumor.”

The group went on to suggest that someone could fabricate an allegation and pass it on to an employee who would be required to report it. “The person making the report would do so in good faith with no basis of knowing whether the allegations were credible,” the statement says. “This has the foreseeable consequence of causing Title IX investigations based on malicious rumors.”

Employees required to report would not include students enrolled at the institution, even if they worked in campus jobs. Counselors and others who are authorized to speak to students confidentially would be required to report only the type of incident involved. No one would have to report on an incident described during a public-awareness event like a rally.

The legislation also would require a college’s Title IX coordinator to submit a written report to its chief executive officer at least every three months detailing how incidents had been investigated and handled. At least once a semester, updates on reported incidents would be posted on the college’s website. The identity of alleged victims would remain confidential.

The legislation also would call for training for people required to report incidents, as well as Title IX officers.

“We applaud Senator Huffman’s commitment to ensure the safety of all students at Texas institutions of higher education,” Karen Adler, a spokeswoman for the University of Texas System, said in a written statement. “Once the bill is signed by the governor, we will work with UT institutions to develop and implement policies to comply with the legislation.”

Andrew Klein, a professor of geography and speaker of the Faculty Senate at Texas A&M University’s flagship campus, in College Station, said he doesn’t expect the legislation to significantly affect faculty reporting, “as we are already mandated to report incidents we become aware of.”

Katherine Mangan writes about community colleges, completion efforts, and job training, as well as other topics in daily news. Follow her on Twitter @KatherineMangan, or email her at katherine.mangan@chronicle.com.