SECTION 3.17. Confidentiality

(a) The protections provided by this section apply to:

(1) an alleged victim;

(2) a person who reports an incident to an institution;

(3) a person who sought guidance from the institution concerning an incident;

(4) a person who participated in the institution's investigation of an incident; or

(5) a person who is alleged in a report made to an institution to have committed or assisted in the commission of sexual harassment, sexual assault, dating violence, or stalking, if after completing an investigation, the institution determines the report to be unsubstantiated or without merit.

(b) Unless waived in writing by the person, the identity of a person described by Subsection (a):

(1) is confidential and not subject to disclosure under Chapter 552, Government Code; and

(2) may be disclosed only to:

(A) persons employed by or under contract with the postsecondary educational institution to which the report is made who are necessary for an investigation of the report or other related hearings;

(B) a law enforcement officer as necessary to conduct a criminal investigation of the report by persons described by Subsection (a);

(C) a health care provider in an emergency, as determined necessary by the institution;

(D) the person or persons alleged to have perpetrated the incident, to the extent required by other law; and

(E) potential witnesses to the incident as necessary to conduct an investigation of the report and to the extent required by other law.

(c) For the purposes of this section, investigation includes the coordination of the incident response, implementation of interim measures, adjudication of the report, and disclosure by the institution as required under state or federal law.

Source Note: The provisions of this §3.17 adopted to be effective January 1, 2020, 45 TexReg 150