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Chapter 6. Student Organizations

Subchapter 6-100. General Provisions

Sec. 6-101. Definitions

In this chapter, unless the context requires a different meaning, the following definitions apply.

(1)“Adviser” means a person serving in an advisory capacity to a student organization to provide guidance to the organization and its members. A person serving as an adviser to a registered student organization affected by section 51.9361 of the Texas Education Code must be someone who

(A) is at least twenty-one years of age;

(B) is not enrolled as a student at the University; and

(C) serves as either

(1) a part-time or full-time employee of the University; or

(2) a representative of a national organization that is associated with the student organization.

(2) “Authorized banking representative” means a person designated to represent an organization in banking matters with the Student Organization Bank. An authorized banking representative must also be an authorized representative for the organization as required in subsection 6-303(a).

(3) “Authorized representative” means a student, faculty member, or staff member designated to represent an organization as required in subsection 6-303(a).

(4) “Dean of students” means the dean of students of the University of Texas at Austin or any delegate or representative of the dean of students.

(5) “Disciplinary record” is an administrative record maintained by the dean of students in connection with an organization’s violation or alleged violation of a Regents’ Rule, University regulation, or administrative rule. The student organization disciplinary record may include hearing records, disciplinary decisions, and other documents required under this chapter or deemed relevant by the dean of students.

(6) “Disciplinary decision” means a written decision as to whether an accused organization has committed a violation of a Regents’ Rule, University regulation, or administrative rule and includes the findings of fact in support of the decision along with the assessed sanction or sanctions, if any.

(7) “Hearing officer” means a person appointed by the president of the University to conduct hearings of alleged violations of a Regents’ Rule, University regulation, or administrative rule.

(8) “Organization” means a student group holding a valid registration under this chapter.

(9) “Officially sponsored,” “sponsorship,” or “sponsored student organization” means an organization whose purpose and activities are in accord with the mission of a University department or agency and for whose actions and activities the sponsoring department or agency provides endorsement, support, supervision, and assumption of responsibility.

(A) “Endorsement” means that the sponsoring administrative or academic unit gives approval of the organization’s status as an official extension of the unit and sanctions the mission, goals, and activities of the organization.

(B) “Support” means to provide for or maintain by contributing the necessary monies, physical space, staff, advising, mentoring, and other resources as needed to carry out the mission, goals, and activities of the organization.

(C) “Supervision” means to monitor, oversee, and advise the organization, including the sanctioning and approving of all activities and events of the organization; maintaining personal knowledge of the organization’s structure, operations, and activities; and taking action as necessary to ensure that all affairs of the organization are consistent with the mission and culture of the sponsoring administrative or academic unit and the University.

(D) “Assumption of responsibility” means to ensure endorsement, support, and supervision of all aspects of the organization, including accepting financial accountability for all funds collected or spent; making sure the organization conducts its affairs in accordance with all applicable University rules and regulations, Regents’ Rules, and local, state, and federal laws; and providing the necessary physical and personnel resources, including a dedicated adviser.

(10) “Student” means a person who is currently enrolled in residence at the University, or who is accepted for admission or readmission to the University, or who has been enrolled at the University in a prior semester or summer session and is eligible to continue enrollment in the semester or summer session that immediately follows, or who is attending an educational program sponsored by the University while that person is on campus, or who engaged in prohibited conduct while he or she met the above criteria.

(11) “University” means the University of Texas at Austin.

(12) “Vice president” means the vice president for student affairs at the University of Texas at Austin.

(13) “Weekday” means Monday through Friday, except University holidays and days on which regularly scheduled classes are suspended due to emergent situations; “University holidays” are staff holidays as identified in the holiday schedule published by the Office of Human Resource Services; and

(14) “day” means calendar day, except University holidays and days on which regularly scheduled classes are suspended due to emergent situations; “University holidays” are staff holidays as identified in the holiday schedule published by the Office of Human Resource Services.

Subchapter 6-200. Registration

Sec. 6-201. Registration Required

Any group of students that wants to exercise any of the rights and privileges listed in section 6-301 will apply each long-session semester to the dean of students to be registered as an organization.

Sec. 6-202. Eligibility

An organization is eligible for registration if

(1) three or more students sign its application for registration;

(2) it limits membership to students, faculty members, and staff members of the University;

(3) it does not deny membership on the basis of race, color, religion, national origin, gender, age, disability, citizenship, veteran status, sexual orientation, gender identity, or gender expression, except that

(A) an organization created primarily for religious purposes may restrict the right to vote or hold office to persons who subscribe to the organization’s statement of faith; and

(B) an organization may restrict membership based on the provisions of Title IX of the Education Amendments of 1972.

(4) there are no financial bars against the organization;

(5) it is not under a disciplinary sanction prohibiting registration; and

(6) it conducts its affairs in accordance with local, state, and federal laws, the Regents’ Rules and Regulations, University regulations, and administrative rules.

Sec. 6-203. Application

A group of students that wants to become a registered student organization will apply on a form prescribed by the dean of students. The form will include

(1) the name of the proposed organization;

(2) the names of at least three students and any required signatures;

(3) a description of each prior application for registration and the action taken on it;

(4) an official statement of the proposed organization’s purpose and activities; and

(5) any other information reasonably required by the dean of students.

Sec. 6-204. University Sponsorship of Student Organizations and Use of University Name

(a) Only an organization that is officially sponsored by the University as defined in subsection 6-101(9) may use the name of the University or an abbreviation of the name of the University or any of the University’s trademarks or service marks as part of or in conjunction with its group name.

(b) Sponsorship may not be extended to groups involved in political or religious activities or in projects for private gain.

(c) Sponsored status will be required for any group registered as a student governance organization.

(d) No student, unregistered group, or registered student, faculty, or staff organization may use the name of the University or an abbreviation of the name of the University as part of its name. A student, group, or organization may use terms such as “campus” or “Texas campus” as part of its name.

(e) No student, unregistered group, or registered student, faculty, or staff organization may advertise or promote events or activities in a manner that falsely suggests that the event or activity is sponsored by the University.

Sec. 6-205. Action on Application

(a) In considering a completed application, the dean of students will not pass on the merits of the proposed organization’s purpose, but will register the applicant unless it is ineligible under section 6-202.

(b) The dean of students approves the registration of an organization by signing the application form and placing it on file.

(c) If an organization is refused registration, the dean of students will provide the applicant with a copy of a written statement of the reasons for refusal, and the applicant may appeal in accordance with section 6-506.

Subchapter 6-300. Rights and Duties

Sec. 6-301. Recognition and Activities

An organization is entitled

(1) to be listed as a registered student organization;

(2) to present a guest speaker on University property in accordance with subchapter 13-1000 of the Institutional Rules;

(3) to raise funds or make other permissible solicitations on University property under section 13-205 of the Institutional Rules;

(4) to reserve the use of University facilities under subchapter 10-200 of the Institutional Rules;

(5) to hang banners under section 13-504 of the Institutional Rules;

(6) to distribute literature under subchapter 13-400 of the Institutional Rules;

(7) to post signs under section 13-503 of the Institutional Rules;

(8) to set up A-frames under section 13-505 of the Institutional Rules;

(9) to set up a table under subchapter 13-600 of the Institutional Rules;

(10) to set up exhibits under subchapter 13-700 of the Institutional Rules;

(11) to publicly assemble under subchapter 13-900 of the Institutional Rules; and

(12) to use amplified sound under subchapter 13-800 of the Institutional Rules.

Sec. 6-302. Membership

(a) An organization must restrict its membership to students, faculty members, and staff members of the University, but it may not deny membership on any basis that violates subsection 6-202(3).

(b) The only groups that may be members of a student governance organization are sponsored student organizations.

Sec. 6-303. Obligations

(a) Every registered student organization will furnish a list to the dean of students during the registration period set by the dean of students. This list will include at least three officers or other members of the organization who are authorized to speak for or represent the organization in its relations with the University and who are authorized to receive for the organization official notices, directives, or information from the University. Each list will be kept current and accurate throughout the semester by the organization, and it will be conclusively presumed that the officers or members whose names are on the list most recently filed by the organization are authorized to speak for and represent the organization in its relations with the University and are authorized to receive for the organization official notices, directives, or information from the University.

(b) During the registration period, each registered student organization must file with the dean of students a written statement that the organization does not, and will not during the semester,

(1) have as a member any person who is neither a student nor a member of the faculty or staff of the University,

(2) deny membership on any basis prohibited by subsection 6-202(3), or

(3) engage in activities that involve the subjection of a probationary member of the group to dangerous, harmful, or degrading acts as defined in chapter 16 of the Institutional Rules or Appendix H, Prohibition of Sexual Assault. The Regents’ Rules and Regulations, Rule 50101, Number 2, Section 2.8, state that such acts are a violation with or without the consent of the probationary member.

If an organization fails or refuses to file the required statement, or if the dean of students determines that the statement is or has become false, disciplinary proceedings will be initiated by the dean of students, after providing notice. The dean of students or the hearing officer may cancel the registered status of the organization or may impose other appropriate sanctions.

(c) No organization may re-register or use the facilities of the University as long as it owes a monetary debt to the University and the debt is considered delinquent by the crediting University agency.

(d) An organization may be subject to discipline by the University under subchapter 6-500 for violating a Regents’ Rule, University regulation, or administrative rule.

Subchapter 6-400. Fiscal and Accounting Procedures

Sec. 6-401. Accounting Procedure

(a) An organization will deposit in the dean of students’ office all funds collected on the campus, unless such receipts are deposited in a regular University account. An authorized representative of the organization will personally deposit all money.

(b) An organization will make deposits weekly unless receipts exceed $50 a day, in which case it will make deposits daily.

(c) Within thirty days after the beginning of each semester, the organization will file with the dean of students a final report, signed by an authorized representative of the organization, fully disclosing the sources and amounts of money obtained from solicitations during the preceding semester or summer session, the purposes and amounts of the expenditures made during the preceding semester or summer session, and any other information required by the dean of students about solicitation activities during the preceding semester.

(d) Authorized banking representatives must comply with all banking procedures as published by the dean of students.

Sec. 6-402. Ticket Sales

(a) An organization that sponsors an event to which admission is charged, or that sponsors a raffle, must order tickets through the dean of students. Each ticket will show the purchase price and will be prenumbered unless it reserves a specific seat for a specific performance.

(b) In accordance with section 6-401, an organization will deposit all money and checks received from ticket sales.

(c) On or before the eleventh weekday after ticket sales end, an organization will file in the dean of students’ office a final report including

(1) a list bearing the name of each recipient of a complimentary ticket; and

(2) all unused tickets.

Subchapter 6-500. Discipline

Sec. 6-501. Initiation of Disciplinary Proceeding

(a) The dean of students has primary authority and responsibility for the administration of student organization discipline. The dean of students may delegate to University staff members the authority to dispose of designated student organization disciplinary matters as deemed appropriate.

(b) An organization violates a Regents’ Rule, University regulation, or administrative rule when

(1) one or more of its officers or authorized representatives acting in the scope of their organizational capacities commit a violation;

(2) one or more of its members commit a violation after the action that constitutes the violation was approved by majority vote of those members of the organization present and voting;

(3) one or more members of a committee of the organization commit a violation while acting in the scope of the committee’s assignment;

(4) a member of the organization acting with apparent authority of the organization commits a violation;

(5) one or more members of the organization or its officers permit, encourage, aid, or assist any of its members in committing a violation;

(6) one or more members of the organization or its officers, under circumstances where such persons knew or should have known that an action constituting a violation was occurring or about to occur, fails to prevent that action; or

(7) one or more members of an organization fail to report to appropriate University or civil authorities promptly their knowledge or any reasonable information about a violation.

(c) When the dean of students receives information that an organization has allegedly violated a Regents’ Rule, University regulation, or administrative rule, he or she will investigate the alleged violation. Upon completing the investigation, the dean of students may

(1) dismiss the allegation as unfounded; or

(2) summon the authorized representative(s) of the organization for a conference at which the organization can respond to the charges and, after conferring with the representative(s),

(A) dismiss the allegation; or

(B) find the organization in violation and impose a sanction or sanctions.

(d) Notwithstanding any other provision of this chapter, the dean of students or the president of the University may take immediate disciplinary action against a student organization that violates a rule or regulation of the University or The University of Texas System when, in the opinion of the official, the interest of the University or The University of Texas System would be served by interim action. The dean of students will notify the authorized representative(s) of the accused student organization by letter or by e-mail of his or her disciplinary decision. The dean of students may send the notice to any authorized representative of the organization. A letter or an e-mail message sent to an authorized representative at an address listed in the registrar’s records will constitute full and adequate notice. A letter will be considered to have been received on the third day after the day of mailing. An e-mail message will be considered to have been received on the second day after the day of sending the message.

Sec. 6-502. Investigation

An investigation is an administrative process by which the dean of students gathers information related to the allegation of a violation of a Regents’ Rule, University regulation, or administrative rule. In the course of the investigation, the dean of students may summon authorized representatives and members of the accused student organization, request documents from the organization, review organizational records, review information received by off-campus persons or organizations, including law enforcement, review information received by an academic or administrative unit, and call witnesses. Searches of organization-occupied or organization-controlled premises or of an organization’s possessions will be conducted only as authorized by law.

Sec. 6-503. Summoning a Student

(a) The dean of students may summon a student to appear in connection with an alleged violation by sending a message to the student by letter or by e-mail at an address listed in the registrar’s records.

(b) The message will direct the student to appear at a specific time and place at least three weekdays after the date of the message if the message is sent by letter, or at least two weekdays after the date of the message if the message is sent by e-mail.

(c) The dean of students may impose one or more of the sanctions under section 6-505 against the accused student organization if a member, officer, or authorized representative of the organization fails without good cause to comply with a summons sent under subsection 6-503(a). A letter sent to an address listed in the registrar’s records, a letter hand-delivered to the student, or an e-mail message sent to the address listed in the registrar’s records will constitute full and adequate notice. The student’s failure to provide and to maintain current addresses, refusal to accept delivery of a letter, or failure to receive an e-mail message because the mailbox is full or the message is inappropriately forwarded will not constitute good cause for failure to comply with the summons. (Policies on the use of e-mail for official correspondence are given in Appendix M.)

(d) A student may also be subject to discipline under chapter 11 of the Institutional Rules for failure to respond to a summons issued under this section.

Sec. 6-504. Notice of Findings and Disciplinary Decision

(a) Upon completion of the investigation under section 6-502, the dean of students will share the findings of the investigation with the authorized representative(s) of the accused student organization.

(b) The authorized representative(s) will have fourteen days to respond to the findings by letter or by e-mail to the dean of students.

(c) After the authorized representative(s) have responded to the findings, the dean of students will notify the authorized representative(s) by letter or by e-mail of the specific time and place to discuss the disciplinary decision. The dean of students may send the notice to any authorized representative of the organization. A letter or an e-mail message sent to an authorized representative at an address listed in the registrar’s records will constitute full and adequate notice.

(d) The dean of students will inform the authorized representative(s) that there are two options to resolve the disciplinary matter:

(1) the authorized representative(s) may enter into a written agreement with the dean of students to address student organization conduct in specific ways; or

(2) the dean of students will render a disciplinary decision that includes a sanction or sanctions pursuant to section 6-505.

The authorized representative(s) will have fourteen days to select one of the two options and to notify the dean of students by letter or by e-mail of their choice.

(e) If, without good cause as determined by the dean of students, the authorized representative(s) fail to choose an option in accordance with subsection 6-504(d) for resolving the disciplinary matter, the organization waives its right to enter into a written agreement to address student organization conduct.

(f) If the authorized representative(s) choose to enter into a written agreement with the dean of students as described in subsection 6-504(d)(1), the authorized representative(s) and the dean of students will have thirty days to develop and sign a mutually acceptable agreement. The thirty-day period will begin when the authorized representative(s) notify the dean of students that they choose to enter into a written agreement. At the discretion of the dean of students, the thirty-day deadline may be extended for a period not to exceed an additional thirty days.

(g) The dean of students will render a disciplinary decision as described in subsection 6-504(d)(2) if

(1) the authorized representative(s) do not choose the option described in subsection 6-504(d)(1) of entering into a written agreement with the dean of students;

(2) the authorized representative(s) fail to choose either of the options described in subsection 6-504(d); or

(3) the authorized representative(s) and the dean of students are unable to develop a written agreement as described in subsection 6-504(d)(1) that is acceptable to both parties.

(h) The disciplinary decision of the dean of students will include any sanction or sanctions pursuant to section 6-505 that are appropriate to the charges and to the organization’s disciplinary record, if any.

(i) The dean of students will share the disciplinary decision with the authorized representative(s) of the accused student organization. The decision will

(1) concisely describe the dean of students’ findings of fact regarding the allegation;

(2) state the sanction or sanctions imposed, if any; and

(3) if any violation is found or any sanction or sanctions imposed, advise the authorized representative(s) of their resolution options and right to appeal in accordance with section 6-506.

Sec. 6-505. Sanctions

(a) A student may be disciplined for a violation under chapter 11 of the Institutional Rules even though the organization of which the student is a member is disciplined under this subchapter for the same violation or for a violation growing out of the same factual transaction.

(b) The dean of students, acting pursuant to section 6-501, or the hearing officer, after a hearing under this subchapter, may impose one or more of the following sanctions on an accused student organization for violation of a Regents’ Rule, University regulation, or administrative rule:

(1) place the organization on probation for not more than one calendar year;

(2) suspend for not more than one calendar year the organization’s right to do one or more of the following:

(A) publicly post signs;

(B) set up a table or exhibit;

(C) publicly assemble or demonstrate;

(D) publicly raise funds or make a solicitation;

(E) reserve the use of University facilities;

(F) participate in intramural sports tournaments and events;

(G) maintain a University Web site;

(H) present guest speakers;

(I) hang banners or distribute literature;

(J) set up A-frames; or

(K) use amplified sound.

(3) require restitution, educational seminars, and community service;

(4) suspend for not more than one calendar year the organization’s registration;

(5) cancel the organization’s registration for not less than one calendar year; or

(6) impose another sanction or sanctions deemed appropriate under the circumstances.

(c) The dean of students or the hearing officer may impose conditions related to the offense, and failure to meet the conditions will be considered an additional violation.

Sec. 6-506. Right to Appeal

(a) An organization that has not had its registration suspended or canceled may appeal the sanction or sanctions assessed by the dean of students under subsection 6-505(b) to the vice president.

(b) An organization that has had its registration suspended or canceled may appeal the sanction or sanctions assessed by the dean of students under subsection 6-505(b) to the vice president or to a hearing officer.

(c) An organization that has had its application for registration denied by the dean of students under subsection 6-205(c) may appeal to the vice president.

(d) Notice of appeal timely given suspends the imposition of the sanction or sanctions until the appeal is finally decided, but interim action may be taken as authorized under section 6-502.

Sec. 6-507. Appeal to a Hearing Officer

(a) To appeal a sanction of suspension or cancellation issued under section 6-505 to a hearing officer, the authorized representative(s) of the accused student organization must submit a written appeal to the dean of students. The appeal must be submitted by letter or by e-mail within fourteen days from the date on which the dean of students discussed the disciplinary decision with the authorized representative(s). The appeal must state the name of the organization, the date the decision was shared, and specific reasons for the appeal, including any related argument.

(b) The authorized representative(s) of the accused student organization must file all relevant documentation from the disciplinary decision, including written arguments when appropriate, with the hearing officer within thirty days after the appeal is submitted.

Sec. 6-508. Hearing Officer

(a) The hearing officer will preside over the hearing and will

(1) determine whether the dean of students has satisfactorily performed the requirements of section 6-509;

(2) rule on the admissibility of evidence and on objections to the procedure; render a written decision, which will contain findings of fact and conclusions as to whether or not a violation has occurred; assess a sanction or sanctions; and provide the authorized representative(s) of the accused student organization and the dean of students with a copy of the decision; and

(3) certify the record of the hearing.

(b) The authorized representative(s) of the accused student organization may challenge the hearing officer’s alleged lack of fairness or objectivity but are not entitled to disqualify that person from serving. It will be up to the challenged person to determine whether he or she can serve with fairness and objectivity. If the challenged person disqualifies himself or herself, another hearing officer will be appointed.

Sec. 6-509. Notice of Hearing

(a) The dean of students will

(1) set the date, time, and place for the hearing and notify the accused student organization of the date, time, and place;

(2) arrange for recording the hearing as provided in subsection 6-512(e); and

(3) furnish a suitable room, necessary equipment, and clerical assistance for the hearing.

(b) The dean of students will notify the authorized representative(s) of the accused student organization by letter or by e-mail of the date, time, and place for the hearing. The notice will be delivered in person or sent by e-mail or postal mail to each authorized representative at an address listed in the registrar’s records.

(c) The notice will specify a hearing date at least ten days after the date the letter or e-mail message is received, unless the accused student organization has requested an earlier date as allowed by subsection 6-509(d). A letter or an e-mail message sent to an address listed in the registrar’s records will constitute full and adequate notice. A letter will be considered to have been received on the third day after the day of mailing. An e-mail message will be considered to have been received on the second day after the day of sending the message.

(d) The authorized representative(s) of the accused student organization may request, in writing, that an earlier hearing date be set if feasible to arrange. The hearing officer for good cause may postpone the hearing and will notify the dean of students and the authorized representative(s) of the new hearing date. An authorized representative’s failure to provide and to maintain current addresses, refusal to accept delivery of a letter, or failure to receive an e-mail message because the mailbox is full or the message is inappropriately forwarded will not constitute good cause for failure to comply with the notice. (Policies on the use of e-mail for official correspondence are given in Appendix M.)

(e) Notice sent under subsection 6-509(a) will

(1) direct the authorized representative(s) of the accused student organization to appear on the date and at the time and place specified;

(2) advise the authorized representative(s) of their rights

(A) to request a private hearing;

(B) to appear in person and to have an adviser at the hearing;

(C) to challenge the person designated to hear the charges;

(D) to know the identity of each witness who will testify against the organization;

(E) to present testimony of witnesses, to present documentary and other evidence, and to argue on the organization’s behalf;

(F) to cross-examine each witness who testifies against the organization;

(G) to be assisted by an adviser; and

(H) to appeal under section 6-516;

(3) contain the name of the person appointed to act as hearing officer;

(4) contain the names of witnesses who may testify against the accused student organization, a brief summary of the testimony to be given by each, and a list of documentary and other evidence that will be offered against the organization; the University may supplement the list of witnesses and documents for good cause, as determined by the hearing officer;

(5) contain a copy of the disciplinary decision by the dean of students; and

(6) notify the authorized representative(s) of the accused student organization that if the organization is advised by an attorney at the hearing, then the dean of students may be advised by an attorney at the hearing. An adviser may confer with and advise the dean of students or the authorized representative(s) but will not be permitted to question witnesses, introduce evidence, make objections, or present arguments to the hearing officer.

(f) At least five days before the hearing, the dean of students will make copies of documents to be introduced at the hearing available to the authorized representative(s) of the accused student organization.

(g) The dean of students may suspend or otherwise alter the status of an accused student organization or its authorized representative(s) who fail without good cause to comply with a notice sent under this section, or the dean of students may proceed with the hearing in the absence of the authorized representative(s). An authorized representative’s failure to provide and to maintain current addresses, refusal to accept delivery of a letter, or failure to receive an e-mail message because the mailbox is full or the message is inappropriately forwarded will not constitute good cause for failure to comply with a notice sent under this section.

Sec. 6-510. Preliminary Matters

(a) At least five days before the hearing date, the authorized representative(s) of the accused student organization will furnish the dean of students with a list of any witnesses who may testify on behalf of the organization, together with a summary of each witness’s testimony and a copy of any documents and other evidence he or she may offer; the authorized representative(s) may supplement the list of witnesses and documents for good cause, as determined by the hearing officer.

(b) At least five days before the hearing date, the authorized representative(s) of the accused student organization will furnish the hearing officer with

(1) any objection that, if sustained, would postpone the hearing; and

(2) the name of the adviser, if any, who will appear with the authorized representative(s).

Sec. 6-511. Hearing Procedure

(a) The hearing officer will review written arguments and then meet with both parties together to ask questions, seek clarification, and hear any final comments by the parties.

(b) The hearing officer’s meeting with the parties is informal and is closed, except that, upon request of the authorized representative(s) of the accused student organization, the meeting may be open. With the consent of or by invitation of the authorized representative(s), the following persons may attend and may obtain (at their own expense) copies of the written documents submitted to the hearing officer:

(1) one or two representatives of Student Government;

(2) one or two staff members of the Daily Texan; and

(3) no more than five members of the organization.

(c) Although the hearing will proceed generally as follows, the hearing officer may adjust the sequence of the hearing as necessary to ensure fairness:

(1) the dean of students reads the disciplinary decision;

(2) the dean of students and the authorized representative(s) of the accused student organization are each given the opportunity to make an opening statement. The authorized representative(s) have the right to reserve the organization’s opening statement until after the dean of students has presented the University’s case;

(3) the dean of students is given the opportunity to present the University’s witnesses and evidence;

(4) the authorized representative(s) are given the opportunity to present the organization’s witnesses and evidence;

(5) the dean of students and the authorized representative(s) are given the opportunity to present rebuttal evidence and argument;

(6) the dean of students is given the opportunity to present a recommendation on a sanction or sanctions;

(7) the authorized representative(s) are given the opportunity to present a rebuttal and recommended outcome or sanctions;

(8) the dean of students is given the opportunity to present a closing statement;

(9) the authorized representative(s) are given the opportunity to present a closing statement;

(10) the hearing officer decides whether a violation has occurred and assesses a sanction or sanctions in accordance with section 6-505; and

(11) the hearing officer informs the authorized representative(s) of the organization’s right to appeal to the vice president.

(d) If, without good cause as determined by the hearing officer, none of the authorized representatives of the accused student organization appears at the scheduled hearing after receiving the proper notice in accordance with subsection 6-509(a), the dean of students may proceed with the hearing in their absence and the organization loses its right to appeal the disciplinary decision of the hearing officer under section 6-516.

Sec. 6-512. Evidence

(a) Legal rules of evidence do not apply to hearings under this subchapter; the hearing officer may admit and give effect to evidence, including testimony, that possesses probative value and is commonly accepted by reasonable people in the conduct of their affairs. The hearing officer will exclude irrelevant, immaterial, and unduly repetitious evidence. All evidence admitted during the hearing will be made a part of the record. The hearing officer will give effect to the rules of privilege recognized by law.

(b) Upon a hearing of the charges, the University has the burden of going forward with the evidence and the burden of proving the charges by the greater weight of credible evidence.

(c) A witness will testify unless the testimony is privileged as recognized by law or is excluded by the hearing officer.

(d) The hearing officer will decide whether a violation has occurred and assess an appropriate sanction or sanctions solely on the basis of admitted evidence. The hearing officer may consider an accused student organization’s disciplinary record that was admitted into evidence at the hearing only in determining an appropriate sanction or sanctions.

(e) A recording will be made of the hearing under supervision of the dean of students. If either party appeals the disciplinary decision, the vice president may request that the recording be transcribed and both parties will be furnished a copy of the transcript.

Sec. 6-513. Disciplinary Decision of the Hearing Officer

(a) Within thirty days from the completion of the hearing, but not before the certification of the recording and of the transcript, if any, the hearing officer will render a written decision as to whether the accused student organization has committed a violation and will set forth findings of fact in support of the decision. The sanction or sanctions will also be stated in the decision. The authorized representative(s) of the organization and the dean of students will each be given a copy of the decision. The hearing officer’s written decision is the official decision on the matter from which any appeal is taken.

(b) The criteria on which the hearing officer’s decision will be based are fairness, reasonableness, and compliance with the Institutional Rules, and the accused student organization’s disciplinary record, if any. The hearing officer may approve, reject, or modify the dean of students’ decision.

Sec. 6-514. Hearing Record

The hearing record consists of

(1) a copy of the notice required under section 6-509;

(2) the recording of the hearing certified by the hearing officer and the transcript, if any, certified by the court reporter, together with all evidence admitted under section 6-512;

(3) written motions and pleas; and

(4) the disciplinary decision of the hearing officer.

Sec. 6-515. Appeal of the Decision of the Dean of Students to the Vice President

(a) The authorized representative(s) of the accused student organization may appeal the sanction or sanctions imposed by the dean of students under section 6-505 directly to the vice president. The appeal, if any, must be submitted in writing to the vice president within fourteen days from the date on which the authorized representative(s) were notified of the sanction or sanctions. If notice of the decision is sent by mail, the date the notice is mailed initiates the fourteen-day period. The written appeal must state the specific reasons for the appeal and must include any related argument. The authorized representative(s) must provide the dean of students with a copy of the appeal submitted to the vice president.

(b) The dean of students may submit a written response to the appeal to the vice president. The response, if any, must be submitted no later than five days after the vice president received the accused student organization’s appeal. The dean of students must provide a copy of the response to the authorized representative(s) of the accused student organization. The response must be limited to and specifically related to the arguments originally submitted by the appealing party. New or additional information not specifically related to the original arguments submitted will not be considered on appeal. The dean of students’ submission of a response to the appeal will not extend the thirty-day period within which the action of the vice president will be communicated as outlined in subsection 6-517(c).

(c) The accused student organization’s appeal will be reviewed solely on the basis of the organization’s disciplinary record, the written arguments of the authorized representative(s) of the organization, and the written response to the appeal submitted by the dean of students.

Sec. 6-516. Appeal of the Decision of the Hearing Officer to the Vice President

(a) Either the authorized representative(s) of the accused student organization or the dean of students may appeal the disciplinary decision of the hearing officer under section 6-513 by submitting a written appeal to the vice president. The appeal, if any, must be submitted within fourteen days from the date on which the appealing party was notified of the disciplinary decision. If notice of the disciplinary decision is sent by mail, the date the disciplinary decision is mailed initiates the fourteen-day period. The written appeal must state the specific reasons for the appeal and must include any related argument.

(b) If the accused student organization is the appellant, the authorized representative(s) of the organization must provide the dean of students with a copy of the appeal submitted to the vice president. If the dean of students is the appellant, the dean of students will give or mail a copy of the appeal to the authorized representative(s) of the organization on the same day that the dean of students submits the appeal to the vice president. If the copy of the appeal is mailed, the dean of students will mail it to the authorized representative(s) at an address listed in the registrar’s records.

(c) The non-appealing party may submit a written response to the appeal to the vice president. The response, if any, must be submitted no later than five days after the vice president received the appeal. The non-appealing party must provide a copy of the response to the other party. The response must be limited to and specifically related to the arguments originally submitted by the appealing party. New or additional information not specifically related to the original arguments submitted will not be considered on appeal. The submission of a response to the appeal will not extend the thirty-day period within which the action of the vice president will be communicated as outlined in subsection 6-517(c).

(d) The appeal of the disciplinary decision of the hearing officer will be reviewed solely on the basis of the hearing record, the accused student organization’s disciplinary record, the written arguments of the appealing party, and the written response of the non-appealing party. The dean of students will submit the record from the hearing to the vice president as soon as it is available to the dean of students.

Sec. 6-517. Vice President’s Authority

(a) The vice president may approve, reject, or modify the disciplinary decision in question or may require that the original decision be reopened for the presentation of additional evidence and reconsideration of the decision.

(b) At the discretion of the vice president, both parties may present oral arguments in an appeal of the disciplinary decision of the dean of students or the hearing officer.

(c) The action of the vice president will be communicated in writing to the authorized representative(s) of the accused student organization and the dean of students within thirty days after the appeal has been received by the vice president. The decision of the vice president will be final.

Chapter 7. The Division of Recreational Sports

Subchapter 7-100. General Provisions

Sec. 7-101. Purpose

The University seeks to promote and conduct officially organized sports activities and athletic recreation programs for men and women. The purpose of these programs is

(1) to provide students at the University with an opportunity for interesting and rewarding sports competition and recreation;

(2) to present a varied program of sports and recreational activities so that every student has the opportunity to participate regardless of athletic ability;

(3) to provide a competitive, recreational, and instructional program for members of the faculty and staff; and

(4) to present opportunities for use of recreational facilities to student spouses and dependents, spouses and dependents of faculty and staff members, Austin community members, and special guests of the University.

Sec. 7-102. Definitions

In this chapter, unless the context requires a different meaning,

(1)“student” means a person enrolled in residence at the University or a person accepted for admission or readmission to the University while that person is on the campus;

(2) “University” means the University of Texas at Austin;

(3) “director” means the director of the Division of Recreational Sports; and

(4) “division” means the Division of Recreational Sports.

Subchapter 7-200. The Recreational Sports Committee

Sec. 7-201. Membership

(a) The Recreational Sports Committee has fifteen members. The members are

(1) six members from the General Faculty, appointed by the president for two-year terms;

(2) two staff members appointed by the president for two-year terms;

(3) two students, a male and a female, designated by the Councils of Recreational Sports and appointed by the president for one-year terms;

(4) two other students, a male and a female, designated by Student Government and appointed by the president for one-year terms;

(5) one staff member designated by the Nonstudent Program and appointed by the president to serve as a member without vote for a one-year term; and

(6) two members from the Faculty Council, appointed by the chair of the Faculty Council for one-year terms.

(b) The director of Recreational Sports will serve as administrative adviser without vote.

Sec. 7-202. Duties of Committee

The Recreational Sports Committee will

(1) advise on and approve matters of policy for the conduct of the division programs;

(2) hear appeals of decisions of the Intramural Sports Council and the University of Texas Sport Club Association Council; and

(3) promulgate regulations designating the categories of persons who are entitled to participate in the nonstudent programs.

Sec. 7-203. Quorum

A majority of the committee constitutes a quorum and a majority of the quorum rules.

Sec. 7-204. Appellate Jurisdiction

The committee may appoint subcommittees to hear appeals other than appeals from action taken under section 7-301.

Subchapter 7-300. Participation in Recreational Sports Programs

Sec. 7-301. Group Eligibility

(a) A group is eligible to participate in recreational sports programs if

(1) its membership is not denied to anyone on any basis prohibited by applicable law, including but not limited to race, color, religion, national origin, gender, age, disability, citizenship, veteran status, sexual orientation, gender identity, or gender expression; and

(2) it is not under a disciplinary sanction prohibiting participation.

(b) The application form for participating in recreational sports will set out the provisions of subsection 7-301(a)(1). By submitting an application, a group affirms that it is in compliance with the policy against discrimination.

Sec. 7-302. Individual Eligibility

An individual is eligible to participate in recreational sports programs if he or she is not under disciplinary sanction prohibiting participation and if he or she meets the requirements of rules governing the specific recreational sports program.

Sec. 7-303. Reservation of Recreational Sports Facilities

(a) An individual or group eligible to participate in recreational sports programs may reserve facilities through the office of facility operations.

(b) The provisions of subchapter 10-200 of the Institutional Rules do not apply to the use of recreational sports facilities for athletic purposes.

Subchapter 7-400. Administration of the Recreational Sports Programs

Sec. 7-401. The Director of the Division of Recreational Sports

(a) The director

(1) will establish and maintain effective working relations with other University departments, with faculty and staff members, with students and student groups, and with outside groups and special services that utilize recreational sports facilities and programs;

(2) will formulate, plan, and administer, with approval of the Recreational Sports Committee, the following kinds of programs:

(A) a program of organized intramural competition in various sports;

(B) a recreational program to provide leisure-time activities;

(C) the outdoor recreation program;

(D) a faculty-staff competitive, recreational, and instructional program; and

(E) the University of Texas Sport Club Association;

(3) will receive written complaints of Intramural Sports Honor Code violations and refer these complaints to the Intramural Sports Council for action;

(4) is responsible for developing program innovations in recreational sports, providing for program expansion, providing for acquisition of additional intramural sport and recreational facilities, and supervising program staff;

(5) is responsible for the maintenance, repair, use, and security of all facilities and equipment used in division programming; and

(6) is responsible for enforcing the eligibility requirements of subchapter 7-300.

(b) The director is administratively responsible to and will report periodically to the vice president for student affairs.

Sec. 7-402. The Intramural Sports Council

(a) The Intramural Sports Council has ten members. The members are

(1) the director or the director’s delegate; and

(2) nine student members, representing the participants in the intramural program.

(3) The director or the director’s delegate will serve as administrative adviser without vote.

(b) The council will

(1) elect a student chair to facilitate the business of the council;

(2) participate in the designation of one student, either male or female, to be appointed to the Recreational Sports Committee for a one-year term;

(3) assist the intramural staff in formulating intramural program policies;

(4) rule on protests, individual or group eligibility, and related matters;

(5) formulate and compile an Intramural Sports Honor Code; and

(6) hear all alleged violations of the Intramural Sports Honor Code referred to it by the director. The burden of proving each allegation rests with the individual or group making the charge and all allegations must be presented in writing. A decision may be based on a violation of the spirit as well as the letter of the rules.

(c) A majority of the council constitutes a quorum and a majority of the quorum rules.

Sec. 7-403. The University of Texas Sport Club Association Council

(a) The University of Texas Sport Club Association (UTSCA) Council has ten members. The members are

(1) the director or the director’s delegate; and

(2) nine student members, representing the participants in the sport club program.

(3) The director or the director’s delegate will serve as administrative adviser without vote.

(b) The council will

(1) elect a student chair to facilitate the business of the council;

(2) participate in the designation of one student, either male or female, to be appointed to the Recreational Sports Committee for a one-year term;

(3) assist the sport club staff in formulating sport club program policies;

(4) hear appeals of decisions of the sport club program administrators; and

(5) make recommendations on student organizations that have completed the application process for UTSCA membership.

(c) A majority of the council constitutes a quorum and a majority of the quorum rules.

Subchapter 7-500. Areas of the Division

Sec. 7-501. The Intramural Sports Programs

(a) The program of organized student sports competition for men provides the opportunity for competition among individual students and among teams representing student groups or organizations such as fraternities, clubs, and residences, and/or graduate or undergraduate teams organized solely for the purpose of competing in a tournament or event.

(b) The program of intramural sports competition for women provides the opportunity for organized competition among individual students and among teams representing student groups or organizations such as clubs, sororities, and residences, and/or graduate or undergraduate teams organized solely for the purpose of competing in a tournament or event.

(c) A program of coed intramurals provides the opportunity for men and women students, faculty members, and staff members to form mixed teams for intramural competition. Tournaments are offered in dual and team sports.

(d) The purpose of these programs is to provide the opportunity for competition among students and to foster the physical, social, and emotional benefits of participation in sports activities, accompanied by a sense of sportsmanship.

Sec. 7-502. The Informal Recreation Program

(a) The informal recreation program provides an opportunity for students, faculty members, staff members, and their families to participate in unstructured recreational activities when facilities are not scheduled for formal programming.

(b) The purpose of the program is to assist the participant in developing beneficial and satisfying leisure-time sports activities.

Sec. 7-503. The Outdoor Recreation Program

(a) The outdoor recreation program provides equipment rental and supervised trips in a variety of activities such as backpacking, camping, canoeing, horseback riding, kayaking, nature hiking, and rock climbing. It is open to men and women students, faculty members, staff members, and their spouses, and the general public.

(b) The purpose of the outdoor recreation program is to provide an opportunity for men and women to experience outdoor, wilderness activities in safe, educationally oriented, supervised events.

Sec. 7-504. The Fitness/Wellness Program

(a) The fitness/wellness program offers fitness and mind/body classes, wellness workshops, massage service, personal training, fitness assessment, fitness clinics, and instructional programs. It is open to men and women students and Recreational Sports members, including faculty and staff members who purchase memberships to Recreational Sports.

(b) The purpose of the program is to provide participants with the opportunity to improve and maintain physical fitness and to engage in leisure-time activities.

Sec. 7-505. The University of Texas Sport Club Association

(a) The University of Texas Sport Club Association is composed of sport or physical- activity-related student organizations sponsored by the Division of Recreational Sports.

(b) The purpose of the University of Texas Sport Club Association is to promote interest in specific sport activities and to provide the opportunity for students to compete among themselves and in extramural competition with students from other colleges and universities, or with other approved sources of competition.

(c) The association offers sport club members opportunities for the development of leadership and organizational skills as well as opportunities for social interaction.

(d) The University of Texas Sport Club Association operates under the administration of the division.

Chapter 8. The University Unions

Subchapter 8-100. General Provisions

Sec. 8-101. Purpose

The unions provide cultural, educational, social, and recreational programs as well as related goods, services, and facilities for the University and greater community.

Sec. 8-102. Definitions

In this chapter, unless the context requires a different meaning,

(1)“board” means the Board of Directors of the University Unions;

(2) “chancellor” means the Office of the Chancellor of The University of Texas System;

(3) “executive director” means the director of the University Unions;

(4) “president” means the chief administrative officer of the University of Texas at Austin;

(5) “student” means a person enrolled in residence at the University;

(6) “unions” or “union” means:

(A) the Texas Union; and

(B) the Student Activity Center;

(7) “SEC” means the Student Events Center;

(8) “University” means the University of Texas at Austin; and

(9) “vice president” means the vice president for student affairs at the University of Texas at Austin.

Subchapter 8-200. The Board of Directors of the University Unions

Sec. 8-201. Membership

(a) The board has nine voting members. The members are as follows.

(1) Three members of the faculty, appointed by the president for three-year overlapping terms, one to be appointed each year, effective May 1.

(2) Six students, including the Student Government president, the SEC president, and four others as follows.

(A) Two students registered for at least six semester hours during each long-session semester of service, to be selected by the president of Student Government after announcement of the position opening in the Daily Texan and other appropriate media; appointments will be ratified by a majority vote of the Student Assembly and will become effective May 1 for two-year overlapping terms. Should a vacancy occur during a term, (i) the Student Government president will appoint a new member who will receive proper approval of the Student Assembly before taking a seat on the board; (ii) the new member will become a full voting member of the board immediately.

(B) Two students registered for at least six semester hours during each long-session semester of service, to be elected for one-year terms by the student body during Student Government elections each year. Should a vacancy occur during a term, the chair of the University Unions board of directors will nominate another student who must receive a majority vote of the board. A quorum must be present to approve a new member.

(b) The vice president, or the vice president’s delegate, and the executive director are members of the board without vote.

Sec. 8-202. Officers

The officers of the board are the chair, the vice chair, and the executive director. The chair will be elected each year from the student membership of the board by the voting members of the board to serve a term to extend from the first official board meeting of the fall semester until May 15 the following year or until a new chair is elected. To qualify for election as chair, a student will have at least one year’s experience on either the SEC or the board. This qualification may be waived by a two-thirds vote. Both outgoing and new board members will be eligible to vote for chair. The vice chair of the board will be a student member, chosen each semester by the elected chair. The Student Government president and the SEC president cannot serve as chair of the Board of Directors. The officers of the board will perform the usual duties of their respective offices.

Sec. 8-203. Meetings

The board will meet once a month during each long session, setting its own dates for meetings, formulating its own rules of procedure, and setting up and appointing such committees as it may deem necessary and desirable for the proper use of the University Unions’ facilities consistent with the Regents’ Rules and Regulations.

Sec. 8-204. Executive Committee

(a) The board may authorize three of its voting members to serve between meetings as an executive committee.

(b) An executive committee may act for the board only during the period beginning May 15 of each year and ending the first day of registration for the fall semester, or during official University semester breaks or holiday periods. All actions taken by the executive committee are subject to ratification by the board.

Sec. 8-205. Duties

The board will

(1) recommend rules, regulations, and procedures regarding the operation and use of the unions;

(2) approve the SEC budget, appointment of SEC officers, all changes in the SEC by-laws, and the addition or deletion of any SEC committees;

(3) advise the president, through the vice president, on the selection of the unions’ executive director; and

(4) be involved in the future development of the unions.

Subchapter 8-300. Review of Board Action

Sec. 8-301. Review by the President

(a) The board will deliver promptly to the president at least two copies of the minutes of each board or executive committee meeting.

(b) No recommendation of the board or executive committee will have any force or effect until said recommendation has been approved by the president and has received such other approval as required.

(c) Every action of the board or of a committee or subcommittee of the board is subject to review by the president. The president may approve, reverse, or modify each such action.

(d) Not later than ninety days after the close of each union fiscal year, the executive director will furnish to the president at least two copies of a complete report of the fiscal affairs of the union during the preceding year to be distributed as the president may direct.

(e) No budget or budget amendment adopted by the board is effective until it is approved by the president through normal budget procedure.

(f) No expenditure will be made by the board unless it is made pursuant to a budget item that has been adopted by the board and has received final approval from the president.

Subchapter 8-400. The Executive Director of the University Unions

Sec. 8-401. Duties of the Executive Director

(a) The executive director is administratively responsible to and will report periodically to the vice president, serves as the chief executive official in the unions, and is responsible for the operation of the union building, programs, and activities. The executive director will

(1) coordinate all functions involving union facilities and the interests of the various groups served by the facilities;

(2) consult with the board regarding the employment of appropriate staff members;

(3) employ, supervise, and direct the work of all subordinate employees; and

(4) be a member of all committees without vote.

(b) Annually, on or before November 15, the executive director will submit to the board a report of union activities for the year. Copies of the report will be distributed to the president and to others as the president may direct.

Subchapter 8-500. The University Unions Student Events Center

Sec. 8-501. Purpose

The SEC is chartered by the University Unions to organize and present a program of activities and events for the University student body in areas of general interest.

Sec. 8-502. Members and Officers

(a) The SEC is composed of the various committees, their chairs, and the officers of the SEC.

(b) The SEC has a president elected by the student body in the general student elections in the spring of each year and such other officers as approved by the University Unions Board.

Sec. 8-503. Duties

The SEC is the decision making, coordinating, evaluating, and recommending body of the union’s activities and events program. The SEC will

(1) coordinate the union’s activities and events program;

(2) evaluate the union activities and events program, and recommend changes to its components; and

(3) recommend to the board actions, policies, and procedures affecting the union activities and events program.

Sec. 8-504. Review of SEC Actions by the Board

All actions of the SEC are subject to review by the board.

Subchapter 8-600. Union Facilities

Sec. 8-601. Reservation and Use of Union Facilities

(a) Union facilities are reserved primarily for use by students, faculty members, and staff members. Union activities financed in whole or in part by the union fee are limited to activities in which all students are eligible to participate.

(b) In accordance with recommendations developed by the board, the executive director or the executive director’s representative may permit special persons, groups, or organizations to reserve and use portions of the union building when the intended use does not interfere with regular union programs or activities. The executive director may charge a reasonable rental fee for the use of union property or facilities by such persons, groups, or organizations. The executive director will permit persons, groups, or organizations officially designated as guests of the University by the president, the chancellor, or the Board of Regents to use union facilities without cost. All requests for the use of union facilities are subject to prior reservations; for that reason, requests should be made as early as possible.

Sec. 8-602. Policy against Discrimination

No person or organization will be excluded from participation in or denied the benefits of union facilities, services, and programs on any basis prohibited by applicable law, including, but not limited to, race, color, religion, national origin, age, disability, citizenship, veteran status, sexual orientation, gender identity, or gender expression.

Chapter 9. Educational Records

Subchapter 9-100. General Provisions

Sec. 9-101. Purpose

The student educational records maintained by the University fall into two general categories: directory information and student records. The purpose of this chapter is to describe various kinds of educational records and to state the permissible uses of these records. These policies and procedures are in full accord with the final regulations implementing the Family Educational Rights and Privacy Act of 1974 (FERPA).

Sec. 9-102. Confidentiality of Records

(a) Directory information: That part of a student’s educational record defined as directory information in section 9-201 is public information. It will be made available to the public unless the student has restricted it as described in subsection 9-201(c).

(b) Student records: Student records include all educational records except for directory information and are not public records. The University will maintain the confidentiality of these student records as indicated in section 9-202.

(c) Information in a student’s educational record may be released by the University as directed by the president in an emergency if the information is necessary to protect the health or safety of the student or other persons.

Sec. 9-103. Information Not Recorded

No record will be kept that reflects a student’s political attitudes, beliefs, or activities.

Sec. 9-104. Definitions

In this chapter, unless the context requires a different meaning,

(1) “educational record” means the official record of a student that is maintained by the University for use by the University and includes directory information and student records. “Educational record” does not include the personal records of University personnel that are maintained in the sole possession of and for the sole use of the maker thereof or of a temporary substitute for the maker; the records of law enforcement units that are maintained solely for law enforcement purposes; employment records related exclusively to an individual’s employment capacity (except as indicated in subsection 9-201[a]); medical and psychological records; thesis or research papers; or records that contain information about an individual only after the individual is no longer a student at the University.

(2) “student” means a person enrolled on or after the first class day of the initial semester of attendance or a person formerly enrolled at the University;

(3) “president” means the president of the University of Texas at Austin; and

(4) “University” means the University of Texas at Austin.

Subchapter 9-200. Directory Information and Student Records

Sec. 9-201. Directory Information

(a) “Directory information” is defined as a student’s name, local and permanent addresses, electronic mail addresses, public username, telephone listing, date and place of birth, major field(s) of study, participation in officially recognized activities and sports, weight and height if a member of an athletic team, dates of attendance, enrollment status, degrees, awards and honors received (including selection criteria), the most recent previous educational institution attended, job title and dates of employment when employed by the University in a position that requires student status, and other similar information. Other similar information includes a student’s classification and expected date of graduation and student parking permit information.

(b) Directory information is public information and will be made available to the public unless the student has restricted it as described in subsection 9-201(c).

(c) A currently enrolled student may request that all or some directory information not be made public by completing an appropriate request online or in the Office of the Registrar during the first twelve class days of any semester or the first four class days of any summer term. This request will remain in effect until revoked by the student. In the event of such a request, this restricted information will be treated as student records information as defined in subsection 9-202(a). In response to public inquiries, the University will state that the student has requested that the University not release part of the student’s information; if the student has requested that all information be kept confidential, the University will state that the University has no information to provide regarding the person about whom the inquiry has been made.

Sec. 9-202. Student Records

(a) Student records include educational records maintained by the University except for directory information. Student records include official University academic and personal records relating to scholastic, disciplinary,[2] and fiscal matters, as well as records maintained by University offices and agencies that provide services sought voluntarily by individual students. The University will not permit access to or the release of personally identifiable information contained in these records without the written consent of the student to any party other than the following:[3]

(1) appropriate University administrators, faculty members, or staff members, appropriate administrators or staff members of the Texas Exes, and contractors or others acting on behalf of the University who require access to educational records in order to perform their legitimate educational duties, when such records are needed in furtherance of the educational or business purposes of the student or the University;

(2) officials of other schools in which the student seeks or intends to enroll, upon request of these officials, and upon the condition that the student be notified and receive a copy of the record if desired;

(3) federal, state, or local officials or agencies authorized by law;

(4) in connection with a student’s application for, or receipt of, financial aid;

(5) accrediting organizations or organizations conducting educational studies, provided these organizations do not release personally identifiable data and provided they destroy such data when it is no longer needed for the purpose for which it was obtained;[4]

(6) the parents of a dependent student as defined in section 152 of the Internal Revenue Code of 1954, provided a reasonable effort is made to notify the student in advance;

(7) in compliance with a judicial order or subpoena, provided a reasonable effort is made to notify the student in advance unless the subpoena specifically directs the institution not to disclose the existence of a subpoena; or

(8) to an alleged victim of any crime of violence or a nonforcible sexual offense, the results of the alleged perpetrator’s disciplinary proceeding may be released.

(b) Upon written request, the University will provide a student access to his or her records described in subsection 9-202(a), except for

(1) financial records of the student’s parent or guardian; and

(2) confidential letters of recommendation placed in the student’s educational record prior to January 1, 1975; and confidential letters of recommendation placed in the student’s educational record after January 1, 1975, if the student has signed a waiver of the right of access to letters of recommendation.

(c) The official custodian of records at the University is the vice president and chief financial officer. Since the University does not maintain a central repository for student records, inquiries for access to specific student records should be made to the University office or agency concerned with the particular record. Requests for assistance in locating individual student records should be directed in writing to the custodian of records.

(d) A student may obtain copies of his or her records described in subsection 9-202(a) at a cost of ten cents per page, except for an official transcript of academic record, $10, and an unofficial copy of the permanent academic record, $10. Educational records covered by the Family Educational Rights and Privacy Act of 1974 (FERPA) normally will be made available within forty-five days of the request.

(e) A student may challenge the contents of his or her educational record on the grounds that the record is inaccurate, misleading, or otherwise in violation of his or her privacy rights. The student submits such a challenge by writing to the custodian of records. If the dispute cannot be resolved by informal proceedings, the student may request a formal hearing. The request for a hearing must be made in writing to the custodian of records. Within a reasonable period of time after receiving the request, the custodian of records will inform the student of the date, place, and time of the hearing. The student may present evidence relevant to the issues raised and may be assisted or represented at the hearing by one or more persons of the student’s choice, including attorneys, at the student’s expense. The hearing officer who will adjudicate the challenge will be appointed by the president. Decisions of the hearing officer will be based solely on the evidence presented at the hearing, will consist of written statements summarizing the evidence and stating the reasons for the decision, will be delivered to all parties concerned, and will be final. The educational record will be corrected or amended in accordance with the decision of the hearing officer, if the decision is in favor of the student. If the decision is unsatisfactory to the student, the student may place with the educational record statements commenting on the information in the record, statements setting forth any reasons for disagreeing with the decision of the hearing officer, or both. The statements will be maintained as part of the student’s records and released whenever the record in question is disclosed. A student who believes that the adjudication of the challenge was unfair or was not in keeping with the provisions of FERPA may request, in writing, assistance from the president.

(f) Complaints about alleged failure to comply with the provisions of FERPA may be submitted in writing to the Family Policy Compliance Office, US Department of Education, 400 Maryland Avenue, SW, Washington DC 20202.

(g) In addition to the procedures described in subsection 9-202(e), general categories of educational records are periodically reviewed and obsolete information is removed and destroyed in accordance with an established record retention schedule.

Sec. 9-203. Official Transcripts of Records

(a) The Office of the Registrar will send, issue, or release a student’s official transcript of record only

(1) at the student’s written request;

(2) after formal authentication of the student’s identity; or

(3) in accordance with subsection 9-202(a).

(b) A transcript of record will contain only the information described in section 9-402 and will not be furnished either in part or with information omitted or deleted.

(c) The registrar will maintain a “Register of Requests for Official Transcripts.” The register of requests is part of the student record.

(d) The sanction of withholding an official transcript or degree may be imposed upon a student who fails to pay a debt owed to the University. The sanction is lifted when the student has paid the debt.

(e) The dean of students, the president, or the Office of the Chancellor may withhold the issuance of a transcript or a degree pending a hearing against a student who violates a rule or regulation of The University of Texas System or the University when, in the opinion of the official, the interest of The University of Texas System or the University would be served by interim action.

Subchapter 9-300. Disciplinary Records

Sec. 9-301. Disciplinary Record[5]

(a) The University will maintain a permanent written disciplinary record for every student assessed the sanction of suspension, expulsion, denial or revocation of a degree, or withdrawal of a diploma. A written record of any other sanction assessed will be maintained for at least five years. The disciplinary record will reflect the nature of the charge, the sanction assessed, and any other pertinent information.

(b) The contents of a student’s disciplinary record may be made available by the president or the president’s delegate to appropriate University officials who have a legitimate educational interest.

(c) The contents of a student’s disciplinary record may be made available to persons outside the University only upon written request of the student, or in accordance with state and federal law.

Subchapter 9-400. Official Transcripts

Sec. 9-401. Office of the Registrar

The registrar compiles, maintains, and administers official transcripts of record.

Sec. 9-402. Content of Transcripts

Each student’s official transcript of record contains the following information:

(1) name of the student;

(2) birthdate;

(3) name and city of high school attended and date of graduation (unless admitted as a transfer student);

(4) transfer credits, if any;

(5) courses taken, hours completed, grades received, grading system, and grade point average;

(6) for undergraduate students, a symbol showing scholastic probation or dismissal, if any, during the period of probation or dismissal; for graduate students, a symbol showing scholastic dismissal;

(7) type of degree granted by the University and honors received; and

(8) date of graduation from the University.

Chapter 10. Use of University Property, Rooms, and Spaces

Subchapter 10-100. General Provisions

Sec. 10-101. Purpose and Application

(a) The University permits the orderly use of rooms and spaces on its property, as provided in this chapter, to further the educational process. The University does not endorse any statement or activity that does not represent official University action.

(b) This chapter authorizes and regulates the reservation of University rooms and spaces; the identification of persons present on University property; and the use of alcoholic beverages on University property. Speech, assembly, and expression by students, faculty members, and staff members on University property are further protected and regulated in chapter 13 of the Institutional Rules.

(c) No person or organization may use a University facility for any purpose other than in the course of the regular mission of the University or The University of Texas System unless authorized by the Regents’ Rules and Regulations. Any authorized use must be conducted in compliance with the provisions of the Regents’ Rules and Regulations, the approved rules and regulations of the University, and applicable federal, state, and local laws and regulations.

Sec. 10-102. General Definitions—Categories of Speakers and Users

As used in this chapter, unless the context requires a different meaning,

(1)“Academic or administrative unit” means any office or department of the University.

(2) “Faculty member and staff member” includes any person who is employed by the University.

(3) “Registered student, faculty, or staff organization” includes a registered student organization under subchapter 6-200 of the Institutional Rules, a faculty or staff organization under the Regents’ Rules and Regulations, Rule 40201, and Student Government and any unit or subdivision thereof.

(4) “Registered student organization” includes a student organization registered under subchapter 6-200 of the Institutional Rules; the phrase also includes Student Government and any subdivision thereof.

(5) “Student” means a person who is currently enrolled in residence at the University, or who is accepted for admission or readmission to the University, or who has been enrolled at the University in a prior semester or summer session and is eligible to continue enrollment in the semester or summer session that immediately follows, or who is attending an educational program sponsored by the University while that person is on campus.

Sec 10-103. Other General Definitions

As used in this chapter,

(1)“dean of students” means the dean of students of the University of Texas at Austin or any delegate or representative of the dean of students;

(2) “room or space” includes any room or space, indoors or outdoors, owned or controlled by the University;

(3) “University” means the University of Texas at Austin;

(4) “weekday” means Monday through Friday, except University holidays and days on which regularly scheduled classes are suspended due to emergent situations; “University holidays” are staff holidays as identified in the holiday schedule published by the Office of Human Resource Services; and

(5) “day” means calendar day, except University holidays and days on which regularly scheduled classes are suspended due to emergent situations; “University holidays” are staff holidays as identified in the holiday schedule published by the Office of Human Resource Services.

Subchapter 10-200. Reservation of a Room or Space on University Property

Sec 10-201. Permission to Use

(a) Academic and administrative units and registered student, faculty, and staff organizations may reserve the use of a room or space on University property for purposes permitted by the Regents’ Rules and Regulations. Academic and administrative units of the University will have priority in reserving the use of rooms and spaces, except that they will not have priority in the use of weekday amplified sound areas defined in section 13-802 of the Institutional Rules. Organizations may not reserve the Main Plaza between 8:00 am and 5:00 PM on weekdays; during that time, it is reserved for University-sponsored events and for unscheduled uses.

(b) An organization with a reservation has the right to the reserved room or space for the time covered by the reservation. Any person or organization using or occupying the room or space without a reservation must yield control of the room or space in time to permit any organization with a reservation to begin using the room or space promptly at the beginning of its reserved time.

(c) Reservations are not required but are strongly encouraged. An organization planning to use a room or space without a reservation may find the facility locked or in use by another person or organization. A large group without a reservation is likely to attract the courteous but inquiring attention of the University of Texas Police Department.

Sec. 10-202. Application

(a) (1) All organizations wishing to reserve an outdoor space, including academic and administrative units, will apply to the dean of students on a form prescribed by the dean of students.

(2) Registered student organizations wishing to reserve a general purpose classroom will apply to the dean of students on a form prescribed by the dean of students. Faculty and staff members, registered faculty and staff organizations, and academic and administrative units wishing to reserve a general purpose classroom will apply to the registrar on a form prescribed by the registrar.

(3) Reservations for rooms and spaces controlled by academic or administrative units other than the registrar and the dean of students will be made through the unit that controls the room or space. These rooms and spaces controlled by other units include Special Use Facilities (the Texas Student Union, the Performing Arts Center, the Erwin Special Events Center), athletic facilities, classrooms that are not general purpose classrooms, many conference rooms, reception areas, and the like, and other specialized rooms and spaces. Some of these rooms and spaces are dedicated to special purposes and are subject to special rules. Academic and administrative units are encouraged to make the rules and procedures for reserving rooms and spaces, and a list of the rooms and spaces that may be reserved, readily available on a Web site or on a flyer or pamphlet conveniently available at the unit’s office.

(b) The dean of students will maintain, on a Web site or on a flyer or pamphlet conveniently available at the dean of students’ office,

(1) the procedures for reserving outdoor spaces, or for registered student organizations reserving general purpose classrooms, and any additional rules applicable to such reservations; and

(2) a list of general purpose classrooms.

Sec. 10-203. Consideration of Application

(a) The dean of students will approve a properly completed application to reserve an outdoor space, and will facilitate a properly completed application to reserve a general purpose classroom, unless the dean of students finds that

(1) the proposed use of the room or space would violate a Regents’ Rule, University regulation, or administrative rule;

(2) another event or exhibit has been scheduled for the proposed time and location, or so near that there is a practical conflict;

(3) the room or space requested is inadequate to accommodate the proposed use;

(4) the proposed use of the room or space would violate reasonable and nondiscriminatory fire, health, or safety standards;

(5) the proposed use of the room or space would constitute an immediate and actual danger to students, faculty members, or staff members or to the peace or security of the University that available law enforcement officials could not control with reasonable effort;

(6) the applicant is under a disciplinary sanction that prohibits reserving the use of a University room or space or that prohibits the proposed use of the room or space; or

(7) the applicant owes a monetary debt to the University and the debt is considered delinquent by the crediting agency.

(b) If the dean of students does not approve an application under subsection 10-203(a), upon request he or she will give the applicant a written statement of the grounds for refusal within three weekdays.

Subchapter 10-300. Regulations Applicable to University Property

Sec. 10-301. Identification

(a) Any person will identify himself or herself when requested by an institutional representative while on any property or in any building owned or controlled by the University or The University of Texas System. A person identifies himself or herself by

(1) giving his or her name and complete address substantiated by a current driver’s license, voter registration card, or other official documentation; and

(2) stating truthfully whether he or she is a student or employee of the University or The University of Texas System.

(b) An “institutional representative” is any regent, executive officer, administrative officer, attorney, peace officer, or security officer of the University or of The University of Texas System.

(c) Any person who refuses to identify himself or herself in accordance with subsection 10-301(a) may be convicted of a misdemeanor in accordance with the Regents’ Rules and Regulations, Rule 80101.

(d) Any student, faculty member, or staff member who refuses to identify himself or herself in accordance with subsection 10-301(a) is subject to disciplinary action, including expulsion from the University in the case of a student.

Sec. 10-302. Use of Alcoholic Beverages

The use of alcoholic beverages is prohibited on property and in buildings and facilities owned or controlled by the University or The University of Texas System. However, the chief administrative officer of the University or the System may waive this prohibition with respect to any specific event sponsored by the University or The University of Texas System. Meetings or events sponsored by registered faculty, staff, or student organizations are not events sponsored by the University or The University of Texas System. State law relating to alcoholic beverages will be strictly enforced at all times on property controlled by the System and its component institutions.

Subchapter 10-400. Appeal

Sec. 10-401. Procedures for Appeal

(a) An organization aggrieved by a decision under this chapter is entitled to appeal to the vice president for student affairs by letter or by e-mail within fourteen days after the day the decision is announced. The appeal will contain the organization’s name and mailing address, a concise description of the decision complained of, the organization’s reasons for disagreeing with the decision, and the date the decision was announced.

(b) When timely notice of appeal is received, the dean of students will prepare and send to the vice president for student affairs a copy of the written statement of the reason given for the dean of students’ decision. At the discretion of the vice president, both parties may present oral arguments to an appeal of the dean of students’ decision under this chapter.

(c) The action of the vice president will be communicated by letter or by e-mail to the student organization and the dean of students within five days after the appeal and related documents have been received. The decision of the vice president will be final.

Sec. 10-402. Further Review by Petition

The dean of students or the organization may petition by letter or by e-mail through the vice president for student affairs to the president of the University to review the decision being appealed. The president may establish an ad hoc committee to review the appeal and make recommendations regarding it. The president reviews appeals solely at his or her discretion.

2. The authorized use of and access to disciplinary records are described in subchapter 9-300 and subchapter 11-700 of the Institutional Rules.

3. The University will maintain, as part of a student’s student record, a record of all parties who have obtained access to data in the record, except the parties listed in subsection 9-202(a)(1). The record of access will include the legitimate interest of the party in obtaining the information.

4. If the University discovers that an organization that has received student records from the University has released or failed to destroy such records in violation of this policy, it will prohibit access by that organization to educational records for five years.

5. See Regents’ Rules and Regulations, Rule 50101, Number 2, Section 8.

General Information, 2009-2010

page 2 of 4 in Appendix C

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