Instructors have indicated uncertainty about changes to the penal code with Senate Bill 412 (SB 412) and if the changes have implications for courses. SB 412 amends Texas Penal Code, Section 43.24(c) by removing previous educational, scientific, and similar exceptions as affirmative defenses for offenses involving the sale, distribution, or display of harmful material to minors or engaging in conduct that is obscene or otherwise harmful to children. The University has a multitude of programs and courses that could involve individuals under 18 years of age. These guidelines are being provided to departments across the university to facilitate an evaluation of their courses and/or course content. There is not a requirement that programs or courses be evaluated. This decision is at the discretion of the departments and instructors. Departments can work with instructors through the guide below to evaluate any course content that could be reconsidered, through modification or alternative assignments available to students or, in very limited circumstances, placing age restrictions on a course.
Consider Best Practices
It is always beneficial to clearly state the educational benefit of activities or content in a course. This permits the students to frame their learning within a broader context by identifying what they are expected to learn and how it can benefit them. Consider incorporating these statements into syllabi and/or class meetings as new content or assignments are introduced. Providing alternative assignments or the option to choose among multiple options for content or assignments permits students to engage with material that they find most interesting and relevant. It also gives students who find content objectionable, for any reason, options without having to request special consideration. Consider giving options for assignments and/or significant content in the course.
All instructors should be familiar with mandatory reporting requirements. The TAMUS Child Protection Training (TrainTraq #2111652) course includes sections on recognizing the signs of abuse and guidance for mandatory reporting requirements. Any person having cause to believe that a child’s physical or mental health or welfare has been adversely affected by abuse, neglect, or other maltreatment must immediately make a report to law enforcement. This means that all have a legal responsibility to report abuse, whether witnessed, known, reported, alleged, suspected, etc. Reports can be submitted in the following ways: Call 9-1-1 if it is an emergency; Call the Texas Abuse Hotline at 1-800-252-5400; Call local law enforcement (TAMU UPD – 845-2345).
All instructors should be mindful of interactions with students, especially those under 18 years old. This means avoiding isolated meetings and instead including an additional employee in meetings and/or meeting with the door open with others in the vicinity. Electronic communications (e.g., emails, texts, apps) should also include at least one other employee. Additional risk and compliance resources are available at https://cpm.tamu.edu/ or by contacting University Youth Programs at uyp@tamu.edu. If a course is disrupted, follow guidelines for such issues: https://cte.tamu.edu/resources/managing-disruptions.html
Work with Department to Conduct an Evaluation
If there is any potential for course material to be considered harmful to a minor, instructors should work with their department head to conduct an evaluation of the course and/or content. Department heads should engage a small group of faculty members to facilitate evaluations using reasonable standards within the discipline and program. It is recommended that departments also engage a neutral third-party employee to assist with evaluation of content. The rubric below is intended to guide those evaluations. It is not intended to provide legal advice. The completed rubric should be retained by the department and a copy should be provided to the instructor, as demonstration that due diligence was followed in thoughtfully evaluating content and its relevance to course objectives and education.
Rubric for Evaluation of Course Content
1. What is the academic or scientific value of the material?
2. Does the material, taken as a whole, appeal to a minor’s prurient interest in sex, nudity, or excretion?
3. Does the material depict or describe sexual conduct in a way that could be considered patently offensive based on prevailing standards of the adult community? Common subject terms include sadomasochism, rape, sadism, masochism, erotic, sexual, masturbation, incest, and pornographic (Library of Congress Subject Terms).
4. Does the material, taken as a whole, lack redeeming social value for individuals under 18 years of age?
5. What alternative materials or instructional methods could be used to achieve the desired course outcomes?
Additional External Links
Texas Government Committee Analysis of SB 412
Texas Library Association SB 412 Factsheet