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Reporting Sexual Harassment at Garland Institutions of Higher Learning


— March 14, 2022

If the employee takes measures to purposely hide the occurrence, they could face a Class A misdemeanor charge.


Garland, Texas is home to five institutions of higher learning according to the National Center for Education Statistics, with a total enrollment of 2,334 students. The universities and their employees should understand the procedures for reporting sexual harassment under Senate Bill 212 (SB 212), which passed during the 2019 legislative session. Under this Texas State Law, all employees (both faculty and staff) at a public or private post-secondary institution must 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”.  “Promptly” reporting means that once the incident is made known to a post-secondary employee, they must take quick action through the proper university channels to mitigate the damage to a sexual harassment victim.  Sexual harassment of students can be a form of discrimination prohibited by Title IX. Victims of sexual harassment should immediately contact a Texas sexual harassment lawyer for guidance surrounding civil and criminal remedies against the harasser or those who may have knowledge of the incident and did not report it.

Penalties for not reporting

Employees at Texas higher education institutions who do not report incidents of sexual assault can be charged with a Class B Misdemeanor and fired from their university position. If the employee takes measures to purposely hide the occurrence, they could face a Class A misdemeanor charge, and the university itself could also face a disciplinary action for failing to comply with the law’s requirements and incur a penalty as high as $2 million.  Sexual harassment victims should inform Garland sexual harassment lawyers if any of these events took place causing them more harm than necessary.

Civil rights violation

Sexual harassment at work is a form of employment discrimination and a violation of Title VII of the Civil Rights Act of 1964, the American Disabilities Act of 1990, and the Age Discrimination in Employment Act of 1967. Sexual discrimination is when individuals are discriminated against for being male or female, and for being pregnant, with regard to work environment, gaining promotions, gender salary gap and reductions of benefits based on gender. The discriminators in these cases are usually managers, bosses, and supervisors in places of employment, although sometimes co-workers discriminate as well.   

Venue

Female Students Studying
Female Students Studying; image courtesy of StockSnap via Pixabay, www.pixabay.com

Sexual harassment in the workplace or place of education occurs when someone forces unwelcome advances on another person through physical contact of a sexual nature, or requests for sexual favors, or other verbal, or physical harassment of a sexual nature.  It is a behavior that is punishable by law.  Claims of sexual harassment can include individuals who have been affected by workplace and institutional sexual harassment, even third parties who have witnessed it, due to the negative emotional impact it has on them.  Sexual harassment claims are only valid if the sexual behavior exhibited is unwelcome, and it can affect both men and women. 

Legal options

Sexual harassment lawyers  assist victims of sexual harassment, and legal consultation is the first thing individuals should undertake after reporting the abuse through the proper channels, with university guidance citing institutional procedures for students, staff, and administration,  in compliance with Texas reporting laws. Experienced lawyers can assist with civil and/or criminal action to seek damage compensation related to sexual harassment, or assault.  

Sources:

  1. Texas Professors Could Be Criminally Charged if They Don’t Report Sexual Violence (chronicle.com)
  2. https://www.justice.gov/crt/fcs/TitleVI-Overview
  3. https://www.eeoc.gov/retaliation

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