MEMORANDUM

TO:	Board of Trustees	Ref: CM20-136 File: LLA
FROM:	Dr. Cesar Maldonado, Chancellor
CC:	E. Ashley Smith, General Counsel Melissa Mihalick, Board Counsel
Dr. David Cross, Title IX Coordinator
DATE:	July 31, 2020
SUBJECT:	Chief Executive Officer Reporting Requirements Under Tex. Educ. Code § 51.253(c) Quarter Ending June 30, 2020

Under the Texas Education Code, Section 51.253(c), the institution’s Chief Executive Officer is required to submit a data report at least once during each fall or spring semester to the institution’s governing body and post on the institution’s internet website a report concerning the reports received by employees under the Texas Education Code, Section 51.252 and the type of incident described in the
employee’s report constitutes “sexual harassment,” “sexual assault,” “dating violence,” or “stalking” as
defined in the Texas Education Code, Section 51.251.
For the purposes of complying with the Chief Executive Officer’s reporting requirements under Section 51.253(c), the attached summary data report (Appendix A) includes all of the required reporting information for the Houston Community College System Board of Trustees for the 2019-2020 academic year starting January 1, 2020 per the effective date of the state statute, through June 30, 2020. The summary data report will be posted on the HCCS Title IX webpage as per the public reporting requirements under Section 51.253(c).

Explanatory Note: One (1) of three (3) investigations listed under the heading “Texas Education Code, Section 52.252” in Appendix A was in progress on June 30, 2020 and therefore does not reflect a disposition.
Note: Any additional reports received by the Title IX Coordinator that do not meet the required reporting criteria in the Texas Education Code have been omitted for the compliance purposes of this specific report.

To: Board of Trustees	July 31, 2020
Re: CEO Requirements Under Tex. Educ. Code § 51.253(c) Quarter Ending June 30, 2020	Page 2

Appendix A

Summary Data Report (Cumulative by Academic Year) 2019-2020 Academic Year: January 1, 2020 – June 30, 2020
Texas Education Code, Section 51.252	
Number of reports received under Section 51.2521

Number of confidential reports2 under Section 51.252	10
0	
Number of investigations conducted under Section 51.252	3	
Disposition3 of any disciplinary processes for reports under		
Section 51.252:		
a.	Concluded, No Finding of Policy Violation4		
b.  Concluded, with Employee Disciplinary Sanction	1	
Concluded, with Student Disciplinary Sanction
SUBTOTAL	0	
	1	
	2	
Texas Education Code, Section 51.255	
Number of reports received that include allegations of an employee’s failure to report or who submits a false report to the institution under Section 51.255(a)	

2	
Any disciplinary action taken, regarding failure to report		
or false reports to the institution under Section 51.255(c):		
Employee termination
Institutional intent to terminate, in lieu of	
0	
employee resignation		
	0	

1 Reports made by students and all other non-employees (including incidents under 3.5(d)(3)) are excluded from Appendix A. Additionally, if a Title IX Coordinator determines that the type of incident described in a report does not constitute “sexual harassment,” “sexual assault,” “dating violence,” or “stalking” as defined in the Texas Edu. Code, § 51.251, the report is excluded from Appendix A.

2 “Number of confidential reports” is a sub-set of the total number of reports received under Section 51.252, by a confidential employee (e.g. Counselors).

3 “Disposition” means “final result under the institution’s disciplinary process” as defined in the Texas Higher Education Coordinating Board’s rules for Tex. Edu. Code, §51.259 (See Chapter 3, Subchapter A, Section 3.6(e)); Therefore, pending disciplinary processes will not be listed until the final result is rendered.

4 “No Finding of a Policy Violation” in this section refers to instances where there is no finding of responsibility after a hearing or an appeal process; investigations completed with a preponderance of evidence not met are excluded since it would not have moved forward into a disciplinary process.