Tuesday, January 14, 2020

Bad Law Goes Into Effect

 

by Prof. Justine Dunlap


Image1At the beginning of a year, many states see new laws going into effect. One that deserves special mention is SB 212 in Texas. Passed last summer and becoming effective on January 1, 2020, this law mandates that if any non-student employee of a postsecondary educational institution becomes aware of any incident of dating violence, sexual assault, sexual harassment or stalking, that employee must report the incident to their institutions’ Title IX coordinator. If an employee fails to comply with this requirement, he or she can be charged with a criminal misdemeanor. Further, the failure to comply will result in the employee being fired.

The law has received both praise and pushback. The organization “Help Save our Sons” calls it a terrible law. Survivor groups oppose it as well. A Forbes magazine opinion piece calls it “the worst of both worlds.”  The law likely had its origins in a Baylor University Title IX investigation that was beyond inadequate.  Although perhaps well-intentioned, this law heaps further trauma on a victim, as it requires reporting sexual assault (and allegations of a similar nature) even if the victim/accuser does not want that to happen. Making an official report further removes control and violates the autonomy of a person who has already been subjected to a violation of autonomy and loss of control. There are good ways to help survivors and demonstrate that a university is committed to combatting sexual assault. Sadly, this law is not one of those good ways. It is a bad law that should not be copied by other states.

https://lawprofessors.typepad.com/human_rights/2020/01/bad-law-goes-into-effect.html

Gender Violence, Justine Dunlap | Permalink

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