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Chapter 13. Speech, Expression, and Assembly

Subchapter 13-100. Governing Principles

Sec. 13-101. Freedom of Speech, Expression, and Assembly

(a) The freedoms of speech, expression, and assembly are fundamental rights of all persons and are central to the mission of the University. Students, faculty members, and staff members have the right to assemble, to speak, and to attempt to attract the attention of others, and corresponding rights to hear the speech of others when they choose to listen, and to ignore the speech of others when they choose not to listen.

(b) Students, faculty members, and staff members are free to express their views, individually or in organized groups, orally or in writing or by other symbols, on any topic, in all parts of the campus, subject only to rules necessary to preserve the equal rights of others and the other functions of the University. Teaching, research, and other official functions of the University will have priority in allocating the use of space on campus.

(c) Except as expressly authorized by subchapter 13-200, the University will not discriminate on the basis of the political, religious, philosophical, ideological, or academic viewpoint expressed by any person, either in the enforcement and administration of these rules or otherwise.

(a) This chapter protects and regulates speech, expression, and assembly of students, faculty members, and staff members that is not part of the teaching, research, or other official functions of the University, not otherwise sponsored by the University or any academic or administrative unit, and not submitted for academic credit.

(b) This chapter also regulates certain speech that is part of the teaching, research, or other official functions of the University:

(1) Section 13-204 on harassment applies to all speech on campus.

(2) This entire chapter applies to speech by academic and administrative units, and speech that is submitted for academic credit, in outdoor locations on the campus. The dean of students administers and schedules outdoor signs, tables, exhibits, public assemblies, and amplified sound, even for faculty members, staff members, and administrative and academic units, because scheduling through a single office is necessary to avoid conflicts.

(c) Any program or event sponsored by an academic or administrative unit of the University will have priority in the use of space and facilities over any speech, expression, and assembly that is not sponsored by an academic or administrative unit, except that programs or events sponsored by an academic or administrative unit will not have priority in the use of weekday amplified sound areas defined in section 13-802. This chapter does not limit other existing authority of University officials to authorize programs and events sponsored by an academic or administrative unit and not provided for in this chapter.

(d) Additional rules concerning free speech and academic freedom of faculty members are found in the Regents’ Rules and Regulations, Rule 31004, Number 2, Sections 1 and 2.

(e) Underlying rules concerning free speech of students are found in the Regents’ Rules and Regulations, Rule 40501, Rule 80101, Rule 80103, and Rule 80104. Chapter 13 of the Institutional Rules implements those provisions and applies them to the Austin campus.

(f) Rules restricting access to the campus and restricting speech on the campus by persons who are not students, faculty members, or staff members are found in the Regents’ Rules and Regulations, Rule 40501.

(g) Rules protecting and regulating speech on University computer networks are promulgated by Information Technology Services (ITS), and are currently found in ITS Policies, Acceptable Use Policy.

(h) Rules requiring University employees to make clear that controversial statements are made in their personal capacity are found in the Regents’ Rules and Regulations, Rule 10403, Number 2, Section 10. Rules restricting use of University equipment, supplies, services, and working hours for political activities are found in the Regents’ Rules and Regulations, Rule 30103, Number 2, Section 13.

Sec 13-103. General Definitions—Categories of Speakers

As used in this chapter,

(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) “off-campus person or organization” means any person, organization, or business that is not an academic or administrative unit, a registered student, faculty, or staff organization, or a student, faculty member, or staff member;

(4) “University person or organization” includes academic and administrative units, registered student, faculty, and staff organizations, and individual students, faculty members, and staff members; this phrase describes the most inclusive category of potential speakers on campus; all persons and organizations of any kind are either an “off-campus person or organization” or a “University person or organization”;

(5) “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;

(6) “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; and

(7) “event” means something that occurs in a certain place during a particular interval of time; events include but are not limited to guest speakers, exhibits, tables, distribution of literature, signs, and public assemblies.

Sec. 13-104. Other General Definitions

(a) “Amplified sound” means sound whose volume is increased by any electric, electronic, mechanical, or motor-powered means. Shouting, group chanting, and acoustic musical instruments are exempt from this rule and are not subject to the special rules on amplified sound, but are subject to general rules on disruption.

(b) “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.

(c) “Main Plaza” means the area bounded by the south wall of the Tower, the line of the first north-south hedge immediately west of Garrison Hall, the north edge of Inner Campus Drive, and the line of the first north-south hedge immediately east of Battle Hall. The Main Plaza includes the south steps and south porches of the Tower.

(d) “Room or space” includes any room or space, indoors or outdoors, owned or controlled by the University.

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

(f) “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.

(g) “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 13-200. Prohibited Expression

Sec. 13-201. Obscenity

No person or organization will distribute or display on the campus any writing or visual image, or engage in any public performance, that is obscene. A writing, image, or performance is “obscene” if it is obscene as defined in Texas Penal Code, Section 21.08 or successor provisions, and is within the constitutional definition of obscenity as set forth in decisions of the United States Supreme Court.

Sec. 13-202. Defamation

(a) No person will make, distribute, or display on the campus any statement that unlawfully defames any other person.

(b) A statement unlawfully defames another person if it is false, if the false portion of the statement injures the reputation of the other person, and if the speaker has the constitutionally required state of mind as set forth in decisions of the United States Supreme Court.

Sec. 13-203. Incitement to Imminent Violations of Law

No person will make, distribute, or display on the campus any statements directed to inciting or producing imminent violations of law under circumstances such that the statements are likely to actually and imminently incite or produce violations of law.

Sec. 13-204. Harassment

(a) No person will make, distribute, or display on the campus any statement that constitutes verbal harassment of any other person. This section applies to all speech on the campus, including speech that is part of teaching, research, or other official functions of the University.

(b) (1) “Verbal harassment” means hostile or offensive speech, oral, written, or symbolic, that

(A) personally describes or is personally directed to one or more specific individuals; and

(B) is sufficiently severe, pervasive, or persistent to create an objectively hostile environment that interferes with or diminishes the victim’s ability to participate in or benefit from the services, activities, or privileges provided by the University; and

(C) is not necessary to the expression of any idea described in subsection 13-204(b)(2).

(2) To make an argument for or against the substance of any political, religious, philosophical, ideological, or academic idea is not verbal harassment, even if some listeners are offended by the argument or idea. The categories of sexually harassing speech set forth in Policy 4.B.2 of the Revised Handbook of Operating Procedures are rarely, if ever, necessary to argue for or against the substance of any political, religious, philosophical, ideological, or academic idea.

(3) Verbal harassment may consist of threats, insults, epithets, ridicule, personal attacks, or the categories of harassing sexual speech set forth in Policy 4.B.2 of the Revised Handbook of Operating Procedures, and is often based on the victim’s appearance, personal characteristics, or group membership, including but not limited to race, color, religion, national origin, gender, age, disability, citizenship, veteran status, sexual orientation, ideology, political views, or political affiliation.

(c) Harassment can also consist of nonverbal conduct, such as hazing, practical jokes, damage to property, and physical assault. In the case of sexual harassment and sexual misconduct, sexual conduct is often central to the offense. These forms of harassment are prohibited by subsection 11-804(a)(12) of the Institutional Rules, by Policy 4.A.3 and Policy 4.B.2 of the Revised Handbook of Operating Procedures, and by the Regents’ Rules and Regulations, Rule 30105. Some forms of harassment violate the Prohibition of Campus Violence, Policy 2.A.3 in the Revised Handbook of Operating Procedures. For enhanced sanctions for disciplinary offenses motivated by the race, color, or national origin of a student harmed by the offense, see subsection 11-501(b) of the Institutional Rules. To the extent of any conflict in the definition of verbal harassment, the more detailed definition in this section controls.

(d) The harassment that this section prohibits does not exhaust the category of speech that is unnecessary and inappropriate to vigorous debate in a diverse community of educated people. An essential part of higher education is to learn to separate substantive argument from personal offense, and to express even the deepest disagreements within standards of civility that reflect mutual respect, understanding, and sensitivity among the diverse population within the University and in the larger society. These are community norms, even though they cannot be enforced by disciplinary rules.

(e) Verbal harassment has been interpreted very narrowly by the federal courts. Policies on verbal harassment or hate speech at many universities have been held unconstitutional, either because they prohibited harassment only when it was based on race, sex, and similar categories, or because they failed to protect the expression of potentially offensive ideas. This policy should be interpreted as narrowly as need be to preserve its constitutionality.

(f) (1) A student who believes he or she has been harassed should report the alleged violation to the dean of students.

(2) A faculty member or staff member who believes he or she has been harassed should report the alleged violation to the Office of Equal Opportunity Services.

(3) Alternatively, any person who believes he or she has been harassed may report the alleged violation to the Office of Equal Opportunity Services or to any University official, administrator, or supervisor. A faculty member is not an “official, administrator, or supervisor” for this purpose unless that faculty member holds an administrative position.

(4) Any University official, administrator, or supervisor who receives a report of alleged harassment will promptly refer that report and the complainant to the Office of Equal Opportunity Services, or to the dean of students, as appropriate. A complainant whose report is not forwarded to the Office of Equal Opportunity Services, or to the dean of students, has not initiated proceedings for providing a remedy to the complainant or for imposing discipline on the alleged harasser.

(5) Investigation of the information provided, and any remedial or disciplinary proceedings, will proceed under the procedures set out in the harassment policies cross-referenced in subsection 13-204(c).

Sec. 13-205. Solicitation

(a) (1) No person or registered student, faculty, or staff organization will make, distribute, or display on the campus any statement that offers or advertises any product or service for sale or lease that includes commercial identifiers, such as for-profit logos, trademarks, and service marks, or that requests any gift or contribution, except as authorized by subsection 13-205(b), by section 13-403, or by the Regents’ Rules and Regulations.

(2) Words or symbols on personal apparel, or on decals or bumper stickers affixed to a vehicle by an owner of that vehicle, are not solicitation within this definition.

(3) Unadorned acknowledgments or thanks to donors are not solicitation within this definition.

(b) (1) A registered student, faculty, or staff organization may advertise or sell merchandise, publications, food, or nonalcoholic beverages, or request contributions, for the benefit of the organization, for the benefit of another registered student, faculty, or staff organization, or for the benefit of an organization that is tax-exempt under Section 501(c)(3) of the Internal Revenue Code. No organization may sell items obtained on consignment. No organization may request contributions for an off-campus tax-exempt organization for more than fourteen days in any fiscal year.

(2) Registered student, faculty, and staff organizations, and academic and administrative units, may sell, distribute, or display literature that contains advertising, subject to the limits in section 13-403. Individual students, faculty members, and staff members may distribute or display such literature, but may not sell it.

(3) Individual students, faculty members, and staff members may post advertisements for roommates, subleases, and sales of used goods that the seller has personally owned and used, but only on a bulletin board designated for that purpose by an academic or administrative unit in space that the unit occupies or controls. Any unit that designates a bulletin board for this purpose may regulate that bulletin board under the procedures set forth in section 13-506.

(4) A resident of a University residence hall or apartment building may occasionally invite one or more salespersons to come to the resident’s room or apartment, and in that room or apartment, the salesperson may offer products or services for sale to other residents of that residence hall or apartment building.

(5) A registered student, faculty, or staff organization may collect admission fees for programs scheduled in advance in accordance with subchapter 10-200 of the Institutional Rules, provided that neither University persons nor organizations may collect admission fees for the exhibition of movies on the campus.

(6) A registered student, faculty, or staff organization may collect membership fees or dues at meetings of the organization scheduled in advance under subchapter 10-200 of the Institutional Rules.

(7) A registered student, faculty, or staff organization may sell charitable raffle tickets on behalf of an organization that is authorized to conduct a charitable raffle under the Texas Charitable Raffle Enabling Act, Texas Occupations Code, Chapter 2002, or successor provisions.

(c) A registered student organization that receives funds from solicitations under this section will deposit and account for such funds under the rules in subsection 6-401(a) of the Institutional Rules.

(d) More detailed regulation of solicitation appears in the Regents’ Rules and Regulations, Rule 80103. The provisions most relevant to students, faculty members, and staff members have been incorporated here.

Subchapter 13-300. General Rules on Means of Expression

Sec. 13-301. Disruption

(a) Except as expressly authorized in section 13-802, or by an authorized University official responsible for a program or event sponsored by an academic or administrative unit, no speech, expression, or assembly may be conducted in a way that disrupts or interferes with any

(1) teaching, research, administration, or other authorized activities on the campus;

(2) free and unimpeded flow of pedestrian and vehicular traffic on the campus; or

(3) signs, tables, exhibits, public assemblies, distribution of literature, guest speakers, or use of amplified sound by another person or organization acting under the rules in this chapter.

(b) (1) The term “disruption” and its variants, as used in this rule, are distinct from and broader than the phrase “disruption of activities,” as used in the Regents’ Rules and Regulations, Rule 30103, Number 2, Section 2, and the phrase “disruptive activities,” as used in the Regents’ Rules and Regulations, Rule 40502. This rule is concerned not only with deliberate disruption, but also with scheduling and coordination of events to manage or minimize the inevitable conflicts between legitimate events conducted in close proximity.

(2) Except in the most extreme cases, interference and disruption are unavoidably contextual. Intentional physical interference with other persons is nearly always disruptive in any context. Interfering with traffic depends on the relation between the volume of traffic and the size of the passageway left open. Disruptive noise is the most contextual of all, because it depends on the activity disrupted. Any distracting sound may disrupt a memorial service. Any sound sufficiently loud or persistent to make concentration difficult may disrupt a class or library. Occasional heckling in the speaker’s pauses may not disrupt a political speech, but persistent heckling that prevents listeners from hearing the speaker does disrupt a political speech. These illustrations may be helpful, but none of them includes enough context to be taken as a rule. We cannot escape relying on the judgment and fairness of University authorities in particular cases. In this context where difficult enforcement judgments are unavoidable, it is especially important to remind administrators and law enforcement officials that their judgments should not be influenced by the viewpoint of those claiming disruption or of those allegedly disrupting.

(c) Potentially disruptive events can often proceed without disruption if participants, administrators, and law enforcement officials cooperate to avoid disruption without stopping the event. In cases of marginal or unintentional disruption, administrators and law enforcement officials should clearly state what they consider disruptive and seek voluntary compliance before stopping the event or resorting to disciplinary charges or arrest.

Sec. 13-302. Damage to Property

(a) No speech, expression, or assembly may be conducted in a way that damages, defaces, marks, discolors, or alters in any way property of the University or of any person who has not authorized the speaker to damage or deface his or her property.

(b) No person may damage, deface, mark, discolor, alter, or interfere with any sign, table, or exhibit posted or displayed by another person or organization acting under the rules in this chapter.

Sec. 13-303. Coercing Attention

(a) No person may attempt to coerce, intimidate, or badger any other person into viewing, listening to, or accepting a copy of any communication.

(b) No person may persist in requesting or demanding the attention of any other person after that other person has attempted to walk away or has clearly refused to attend to the speaker’s communication.

Sec. 13-304. Cosponsorship

(a) Neither registered student, faculty, or staff organizations, nor individual students, faculty members, or staff members, may cosponsor any event on campus with an off-campus person or organization. Only academic or administrative units with authority delegated from the president of the University may cosponsor events with an off-campus person or organization.

(b) An event is a prohibited cosponsorship if an individual or a student, faculty, or staff organization

(1) depends on an off-campus person or organization for planning, staffing, or management of the event; or

(2) advertises the event as cosponsored by an off-campus person or organization; or

(3) operates the event as agent of, or for the benefit of, an off-campus person or organization, except for solicitation of charitable contributions under the authority of subsection 13-205(b)(1); or

(4) distributes any proceeds of the event to an off-campus person or organization, except for

(A) the proceeds of charitable contributions solicited under the authority of subsection 13-205(b)(1); or

(B) payment of a fair market price for goods or services provided to the University person or organization; or

(5) reserves a room or space for the use of an off-campus person or organization; or

(6) engages in any other behavior that persuades the dean of students that an off-campus person or organization is in fact responsible for the event, in full or in substantial part.

(c) The following facts do not, in and of themselves, indicate a prohibited cosponsorship:

(1) that a University person or organization endorses an off-campus person or organization or its message;

(2) that a University person or organization sells, distributes, or displays literature prepared by an off-campus person or organization or containing contact information for an off-campus person or organization (subject to the rules in section 13-205);

(3) that a University person or organization has purchased goods or services from an off-campus provider;

(4) that a registered student, faculty, or staff organization has invited a guest speaker under subchapter 13-1000;

(5) that a registered student, faculty, or staff organization has received financial contributions to support the event from an off-campus donor.

(d) The purpose of this rule is to preserve the limited space on campus for the use of students, faculty members, and staff members, and the rule will be interpreted to serve that purpose.

Sec. 13-305. Other Rules with Incidental Effects on Speech

(a) Other generally applicable or narrowly localized rules, written and unwritten, incidentally limit the time, place, and manner of speech, but are too numerous to compile or cross-reference here. For example, libraries typically have highly restrictive rules concerning noise; laboratories and rooms containing the electrical and mechanical infrastructure of the University typically have safety rules and rules excluding persons without specific business there; fire and safety codes prohibit the obstruction of exits and limit the constriction of hallways. Speech within classrooms is generally confined to the subject matter of the class; the right to attend a class at all is subject to registration and payment of tuition; individual professors may have rules of decorum in their classrooms. These kinds of rules limit the right of students, faculty members, and staff members to enter and speak in the places to which these rules apply.

(b) Reasonable and nondiscriminatory rules of this kind generally control over the rights of free speech guaranteed in this chapter. But even these kinds of rules are subject to the constitutional right of free speech. Such rules must be viewpoint neutral. Such rules cannot regulate speech more restrictively than they regulate other activities that cause the problems to be avoided by the rule. Such rules should not restrict speech more than is reasonably necessary to serve their purpose. Such rules cannot ban unobtrusive forms of communication with no potential for disruption even in the specialized environment subject to the localized rule. Thus, for example, means of silent expression or protest confined to the speaker’s immediate person, such as armbands, buttons, and T-shirts, are nearly always protected because they are rarely disruptive in any environment.

Subchapter 13-400. Distribution of Literature

Sec. 13-401. General Rule on Distribution of Literature

(a) Registered student, faculty, and staff organizations, and academic and administrative units, may sell, distribute, or display literature on campus, subject to the rules in this subchapter and to the general rules in subchapter 13-200 and subchapter 13-300. Individual students, faculty members, and staff members may distribute or display literature but may not sell it. In either case, no advance permission is required.

(b)“Literature” means any printed material, including any newspaper, magazine, or other publication, and any leaflet, flyer, or other informal matter, that is produced in multiple copies for distribution to potential readers.

(c) Literature may be distributed only by academic and administrative units and members of registered student, faculty, and staff organizations.

Sec. 13-402. Not-for-Profit Literature Only

(a) Except as expressly authorized by the Regents’ Rules and Regulations or by contract with the University, no person or organization may sell, distribute, or display on campus any publication operated for profit. A registered student, faculty, or staff organization may sell publications operated for profit as part of a fund-raiser authorized by, and subject to the limits of, subsection 13-205(b)(1).

(b) A publication is operated for profit if any part of the net earnings of the publication, or of its distribution, inures to the benefit of any private shareholder or individual.

Sec. 13-403. Limits on Advertising

Literature distributed on campus may contain the following advertising:

(1) advertising for a registered student, faculty, or staff organization, or an academic or administrative unit;

(2) advertising for an organization that is tax exempt under Section 501(c)(3) of the Internal Revenue Code;

(3) paid advertising in a publication primarily devoted to promoting the views of a not-for-profit organization or to other bona fide editorial content distinct from the paid advertising; and

(4) other advertising expressly authorized by the Regents’ Rules and Regulations or by contract with the University.

All other advertising in literature distributed on campus is prohibited.

Sec. 13-404. Clean Up of Abandoned Literature

Any person or organization distributing literature on campus will pick up all copies dropped on the ground in the area where the literature was distributed.

Sec. 13-405. Registered Student Organization Literature Disclaimer

Literature distributed by registered student organizations on campus must contain a disclaimer that indicates that registered student organization literature is not official University literature and does not represent the views of the University or its officers.

Subchapter 13-500. Signs and Banners

Sec. 13-501. General Rule on Signs

(a) “Sign” means any method of displaying a visual message to others, except that transferring possession of a copy of the message is distribution of literature and not a sign.

(b) Subject to the rules in this subchapter and to the general rules in subchapter 13-200 and subchapter 13-300, a University person or organization may display a sign by holding or carrying it, by displaying it at a table (see subchapter 13-600), or by posting it on a kiosk, bulletin board, or other designated location. Signs may not be posted in any other location. Subject to viewpoint-neutral size requirements, the Division of Housing and Food Service has designated the window and door of a residence hall room as locations where the resident(s) of that room may post signs. Section 13-506 lists other designated locations.

Sec. 13-502. Hand-Held Signs

(a) Students, faculty members, and staff members may display a sign on campus by holding or carrying it by hand or otherwise attaching it to their person. No advance permission is required.

(b) Any person holding or carrying a sign will exercise due care to avoid bumping, hitting, or injuring any other person.

(c) Any person holding or carrying a sign at a speech, performance, or other event will exercise due care to avoid blocking the view of any other person observing the speech, performance, or event. Depending on the venue, this may mean that signs may be displayed only around the perimeter of a room or an audience.

(d) A law enforcement officer or the dean of students, or an usher or other University employee if authorized by officials responsible for managing the venue, may warn any person that his or her sign is being handled in violation of subsection 13-502(b) or subsection 13-502(c). If the violation persists after a clear warning, the law enforcement officer, dean of students, authorized usher, or other authorized employee may confiscate the sign.

Sec. 13-503. Signs on Kiosks

(a) A kiosk is an outdoor structure, attached to the ground in a fixed location, designed for the posting of signs.

(b) Academic and administrative units and registered student, faculty, and staff organizations may post signs on kiosks. No advance permission is required. Individuals may not post on kiosks any sign advertising goods or services for sale (see section 13-205).

(c) No sign posted on a kiosk may be larger than 11 inches by 17 inches.

(d) Each sign posted on a kiosk must identify the academic or administrative unit or registered student, faculty, or staff organization that posted the sign, and must state the date the sign was posted or the date of the event being advertised. No sign advertising an event may be posted on a kiosk more than fourteen days before the date of the event.

(e) An academic or administrative unit or a registered student, faculty, or staff organization that posts a sign on a kiosk must remove that sign not later than fourteen days after it was posted, or twenty-four hours after the event it advertised, whichever is earlier.

(f) No sign may be posted on a kiosk on top of another properly posted sign.

(g) Academic and administrative units and registered student, faculty, and staff organizations may post no more than two signs on the same kiosk at the same time.

(h) The dean of students may remove any sign that violates any of the rules in this section.

Sec. 13-504. Banners

(a)“Banner” means a sign hung from a structure, or between two buildings, structures, or poles.

(b) (1) The dean of students will designate places where banners may be hung in outdoor locations not occupied or controlled by any other academic or administrative unit.

(2) Other academic and administrative units may designate one or more places where banners may be hung in indoor or outdoor locations that the unit occupies or controls.

(c) (1) Academic and administrative units and registered student, faculty, and staff organizations may hang banners in locations designated under subsection 13-504(b). Individuals may not hang banners.

(2) Advance permission is required from the unit administering the location, and usually, advance reservations are required. Academic and administrative units advertising official University events or programs may be given priority. In locations administered by academic or administrative units other than the dean of students, organizations affiliated with the unit administering the location may be given priority.

(d) (1) In locations administered by the dean of students, each banner may be hung for one week. The banner may be renewed from week to week if space is available, but usually, other organizations are waiting their turn and renewal is not possible.

(2) Other units administering a location for banners may limit the time each banner may hang. Any such time limit will be applied without discrimination to all organizations, except that academic and administrative units may be given preference.

(e) 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) a list of outdoor locations where banners may be hung;

(2) the academic or administrative unit that administers banners at each outdoor location; and

(3) a current description of the rules and procedures for reserving the right to hang a banner in locations administered by the dean of students.

(f) The unit administering a banner location may require that the physical work of hanging the banners be performed only by Department of Facilities Services employees or other appropriate University personnel.

Sec. 13-505. A-Frames

(a)“A-frame” means a movable and self-supporting sign board designed to stand on the ground.

(b) A-frames are subject to the rules on exhibits in subchapter 13-700.

Sec. 13-506. Signs in Other Designated Locations (Including Departmental Bulletin Boards)

(a) Each academic or administrative unit of the University may authorize the posting of signs in spaces that unit occupies and controls. Such authorization may be granted by general rule, by stamping or initialing individual signs, or by long-standing tradition.

(b) Signs in spaces occupied by academic or administrative units may be

(1) confined to bulletin boards or other designated locations;

(2) subjected to viewpoint-neutral rules limiting the size of signs, limiting how long they may be posted, requiring each sign to show the date it was posted and the name of the person or organization who posted it, and similar rules designed to facilitate fair and equal opportunities to post signs;

(3) confined to official statements or business of the unit, or to certain subject matters of interest within the unit, or to signs posted by persons or organizations affiliated with the unit.

(c) Each academic or administrative unit will post on or near each bulletin board or other designated location that it administers

(1) either the rules applicable to that bulletin board or location, or a particular office or Web site where the rules applicable to that bulletin board or location may conveniently be found; and

(2) if a stamp or initials are required on signs before they are posted on that bulletin board or location, the name and office location of the person whose stamp or initials are required.

This notice will be posted in the upper left corner of each bulletin board or other designated location for posting signs, or conspicuously in another nearby location. If no such notice is posted, then the only applicable rules are those contained in subchapter 13-200 and sections 13-301 to 13-304.

(d) Within the scope of the subject matters permitted on a particular bulletin board or other designated location, no academic or administrative unit will discriminate on the basis of the political, religious, philosophical, ideological, or academic viewpoint expressed on a sign.

(e) This section does not apply to any enclosed bulletin board or display case that is accessible only to authorized personnel for official University business.

Subchapter 13-600. Tables

Sec. 13-601. General Rule on Tables

University persons and organizations may set up tables from which to display literature, disseminate information and opinions, and raise funds, subject to the rules in this subchapter and to the general rules in subchapter 13-200, subchapter 13-300, and subchapter 13-1000. No advance permission is required.

Sec. 13-602. Locations

(a) Subject to the restrictions in subsection 13-602(b) and subject to the rules on disruption of other functions and interference with vehicular and pedestrian traffic (see section 13-301), University persons and organizations may set up tables in any outdoor location on the campus and in any large, open, indoor location.

(b) (1) Tables may not be set up on the Main Plaza.

(2) Tables may not be set up inside any library, classroom, laboratory, performance hall, stadium, or office, or in any hallway less than ten feet wide, without permission from the academic or administrative unit that controls the space, or from the faculty member or staff member who controls the space at a particular time.

(3) An academic or administrative unit may further specify these rules by restricting tables to reasonable locations in spaces occupied by that unit. Academic and administrative units are encouraged to clearly state any such rules in writing, and to publish those rules on a Web site or on a flyer or pamphlet conveniently available at the chief administrative office of the unit.

(c) If any table is set up in a prohibited or disruptive location, any University employee pointing out the violation will also point out other locations, as nearby as is reasonably possible, where the table is permitted.

Sec. 13-603. Identification

Each table must have a sign or literature that identifies the University person or organization sponsoring the table.

Sec. 13-604. Clean Up around Tables

Any person or organization sponsoring a table will remove litter from the area around the table before vacating the space.

Sec. 13-605. Sources of Tables

Persons and organizations may supply their own tables. In addition, the dean of students maintains a supply of tables for registered student organizations that may be reserved and checked out for use on campus. The dean of students will maintain, on a Web site or on a flyer or pamphlet conveniently available at the dean of students’ office, a current description of the rules and procedures for reserving and checking out tables.

Subchapter 13-700. Exhibits and A-Frames

Sec. 13-701. General Rule on Exhibits

(a)“Exhibit” means an object or collection of related objects, designed to stand on the ground or on a raised surface, which is not a table, is designed for temporary display, and is not permanently attached to the ground. An A-frame sign (see section 13-505) is an exhibit.

(b) Academic or administrative units and registered student, faculty, or staff organizations may erect exhibits, subject to the rules in this subchapter and to the general rules in subchapter 13-200, subchapter 13-300, and subchapter 13-1000. Advance permission is required from the dean of students, except that an academic unit may authorize indoor exhibits in a space that it occupies and controls. Outdoor exhibits may not be erected on the Main Plaza between 8:00 am and 5:00 PM.

Sec. 13-702. Application Process

An academic or administrative unit or a registered student, faculty, or staff organization desiring to erect an outdoor exhibit will apply on a form prescribed by the dean of students.

Sec. 13-703. Criteria for Approval

(a) The dean of students will authorize an exhibit described in a completed application under section 13-702 unless the dean of students finds that use of the proposed space for the proposed exhibit must be disapproved under the criteria in section 10-203 of the Institutional Rules.

(b) The dean of students will specify the location of each exhibit to reduce the hazard to visually impaired pedestrians.

(c) The dean of students will advise each applicant how to correct, if possible, any conditions that preclude approval of his or her application. Even if an applicant is entitled to have the application approved as submitted, the dean of students may give advice about other possible locations, or about modifications to the exhibit, that would avoid potential problems or make the proposed exhibit more workable.

Sec. 13-704. Time Limits

(a) In locations administered by the dean of students, each exhibit may be displayed for fourteen days. The exhibit may be renewed for an additional fourteen days if space is available.

(b) The exhibit must be removed at the end of each day and may be re-erected each morning. However, the vice president for student affairs or the dean of students may authorize overnight exhibits in designated locations. Overnight exhibit applications will be considered on a case-by-case basis.

Sec. 13-705. Clean Up around Exhibits

Any academic or administrative unit or registered student, faculty, or staff organization sponsoring an exhibit will remove litter from the area around the exhibit before vacating the space.

Sec. 13-706. Liability

Any academic or administrative unit or registered student, faculty, or staff organization sponsoring an exhibit assumes full responsibility for the exhibit, including all injuries or hazards that may arise from the exhibit. The University will not be liable for any damage that may occur to the exhibit, and any registered student, faculty, or staff organization sponsoring the exhibit will indemnify the University for any claims arising from the exhibit’s presence on campus.

Subchapter 13-800. Amplified Sound

Sec. 13-801. General Rule on Amplified Sound

University academic or administrative units and registered student, faculty, or staff organizations may use amplified sound on campus at designated times and locations, subject to the rules in this subchapter and to the general rules in subchapter 13-200 and subchapter 13-300. Advance permission is required. This subchapter creates limited exceptions to the general rule on disruption in section 13-301.

Sec. 13-802. Location and Times of Weekday Amplified Sound Areas

(a) (1) The West Mall Amplified Sound Area is the extreme east end of the West Mall, adjacent to the west steps of the Tower.

(2) Registered student, faculty, or staff organizations and academic or administrative units may use amplified sound in this area from 11:30 am to 1:30 PM Monday through Friday.

(3) All academic and administrative units and registered student, faculty, and staff organizations must use sound equipment owned or controlled by the dean of students’ office.

(b) (1) The Union Patio Amplified Sound Area is the flagstone area between the Texas Union and the Flawn Academic Center.

(2) Registered student, faculty, or staff organizations and academic or administrative units may use amplified sound in this area from 11:30 am to 1:30 PM Monday through Friday.

(c) (1) The East Bus Circle Amplified Sound Area is the grassy area south of the East Mall Fountain and east of Steindam Hall.

(2) Registered student, faculty, or staff organizations and academic or administrative units may use amplified sound in this area from 8:00 am to 5:00 PM Monday through Friday.

(d) (1) The Battle Oaks Amplified Sound Area is the area bounded by the north wall of Hogg Auditorium, by an extension drawn northward from the east wall of the Texas Union, by the south edge of the sidewalk on the south side of 24th Street, and by the west edge of the sidewalk on the west side of Inner Campus Drive.

(2) Registered student, faculty, or staff organizations and academic or administrative units may use amplified sound in this area from 8:00 am to 5:00 PM Monday through Friday.

(e) (1) The Mustangs Amplified Sound Area is the area bounded by the sidewalk on the east side of San Jacinto Boulevard, by the west wall of the Texas Memorial Museum, and by the outer edge of the two stairways on either side of the lawn.

(2) Registered student, faculty, or staff organizations and academic or administrative units may use amplified sound in this area from 8:00 am to 5:00 PM Monday through Friday.

(f) (1) The San Jacinto Amplified Sound Area is the area bounded by the south wall of the Art Building, by the east edge of the sidewalk on the east side of San Jacinto Boulevard, by the north edge of the sidewalk on the north side of 23rd Street, and by the west edge of the sidewalk on the west side of Trinity Avenue.

(2) Registered student, faculty, or staff organizations and academic or administrative units may use amplified sound in this area from 8:00 am to 5:00 PM Monday through Friday.

(g) (1) The LBJ Fountain Amplified Sound Area is the area bounded by the east edge of Robert Dedman Drive, by the first sidewalk north of the LBJ Fountain, by a line drawn tangent to the west side of the LBJ Fountain and parallel to Robert Dedman Drive, and by the base of the hill on the south side of the LBJ Fountain.

(2) Registered student, faculty, or staff organizations and academic or administrative units may use amplified sound in this area from 8:00 am to 5:00 PM Monday through Friday.

(h) (1) The vice president for student affairs may designate additional areas for weekday use of amplified sound.

(2) If the dean of students concludes that it is unworkable to use the Union Patio Amplified Sound Area and the Battle Oaks Amplified Sound Area at the same time, the dean of students may close the Union Patio Amplified Sound Area or refuse to schedule simultaneous events in the two areas.

Sec. 13-803. Regulation and Scheduling of Weekday Amplified Sound

(a) The dean of students may prescribe rules concerning scheduling, sound levels, the location of speakers and the direction in which they are pointed, and other rules to facilitate the use of weekday amplified sound areas, to mediate any conflict with University functions and other nearby activities, and to manage environmental impact. All such rules will be reasonable and nondiscriminatory.

(b) (1) Organizations wishing to use a weekday amplified sound area must reserve a particular area at a particular time. Reservations must be made with the dean of students on a form prescribed by the dean of students. The dean of students will approve a properly completed application to reserve an amplified sound area, unless the application must be disapproved under the criteria in section 10-203 of the Institutional Rules or under rules promulgated by the dean of students under the authority of this section.

(2) The dean of students may limit the number or frequency of reservations for each registered student, faculty, or staff organization or academic or administrative unit to ensure reasonable access for all persons and organizations desiring to use amplified sound on weekdays.

(3) The dean of students will maintain a list on a Web site, flyer, or pamphlet of additional amplified sound locations available each week for emergency reservations by academic or administrative units or registered student, faculty, or staff organizations responding to events that have occurred, or issues that have arisen, since the preceding week.

(c) Amplified sound in the West Mall and Union Patio Amplified Sound Areas is in fact disruptive of teaching, administration, and research in the Tower, in the Flawn Academic Center, in Parlin Hall, in the West Mall Office Building, and in Battle Hall. The disruption inherent in this use of amplified sound is expressly authorized, but no other disruption is authorized. Disruption is permitted to this extent because otherwise, it would be necessary to ban all use of amplified sound in and near the center of campus during working hours. The hours are limited because otherwise, work in these important buildings would be continuously disrupted.

(d) Persons and organizations using amplified sound are responsible for maintaining a passageway for pedestrians that is adequate to the volume of pedestrian traffic passing through the area.

(e) Any designations of additional areas, any additional rules regulating the designated areas, and the rules and procedures for reserving the right to use a designated area, will be clearly stated on a Web site or on a flyer or pamphlet conveniently available at the dean of students’ office.

Sec. 13-804. Amplified Sound on Evenings and Weekends

(a) With advance permission, University organizations may use amplified sound in any outdoor location on campus, including the weekday amplified sound areas designated in section 13-802, after 5:00 PM Monday through Friday, and after 8:00 AM Saturday and Sunday, except for the early morning hours excluded in subsection 13-804(b).

(b) If amplified sound is authorized for an event on a Sunday, Monday, Tuesday, Wednesday, or Thursday evening, the sound must be turned off by 1:00 am on the following day. If amplified sound is authorized for an event on a Friday or Saturday evening, the sound must be turned off by 2:00 am on the following day.

(c) The dean of students may prescribe reasonable and nondiscriminatory rules concerning scheduling, sound levels, the location of speakers and the direction in which they are pointed, and other rules to facilitate the use of amplified sound on evenings and weekends, to mediate any conflict with University functions and other nearby activities, and to manage environmental impact.

(d) Use of amplified sound on evenings and weekends requires advance permission from the dean of students. Registered student, faculty, or staff organizations and academic or administrative units will apply on a form prescribed by the dean of students. The dean of students will authorize amplified sound as described in a completed application unless the dean of students finds that the application must be disapproved under the criteria in section 10-203 of the Institutional Rules or under rules promulgated by the dean of students under the authority of this section. The dean of students will advise each applicant how to correct, if possible, any conditions that preclude approval of its application. Even if an applicant is entitled to have its application approved as submitted, the dean of students may give advice about other possible locations, or about modifications to the proposed event, that would avoid potential problems or make the proposed event more workable.

Sec. 13-805. Amplified Sound Indoors

Amplified sound sufficient to be heard throughout the room may be used in any room in any building, but the dean of students may limit or prohibit sound that would be disruptive outside the room. Reservations may be required. Rules concerning use of University buildings are contained in chapter 10 of the Institutional Rules.

Subchapter 13-900. Public Assemblies without Amplified Sound

Sec. 13-901. General Rule on Public Assemblies

(a)“Publicly assemble” and “public assembly” include any gathering of persons, including discussions, rallies, and demonstrations. The rules of subchapter 13-800 apply to any use of amplified sound at a public assembly.

(b) University persons and organizations may publicly assemble on campus in any place where, at the time of the assembly, the persons assembling are permitted to be. This right to assemble is subject to the rules in this subchapter, to the general rules in subchapter 13-200 and subchapter 13-300, and to the rules on use of University property in chapter 10 of the Institutional Rules. No advance permission is required.

Sec. 13-902. Reservation of Space

(a) Registered student, faculty, or staff organizations and academic or administrative units who wish to publicly assemble in a particular room or space at a particular time may reserve the room or space under the provisions in subchapter 10-200 of the Institutional Rules.

(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 academic or administrative unit or registered student, faculty, or staff 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. 13-903. Notice and Consultation

Registered student, faculty, or staff organizations that are planning a public assembly with more than fifty participants are strongly encouraged to notify and consult with the dean of students as soon as practicable after the point at which the planners anticipate or plan for more than fifty participants. Registered student, faculty, or staff organizations planning smaller assemblies are encouraged to consult the dean of students if there is uncertainty about applicable University rules, the appropriateness of the planned location, or possible conflict with other events. The dean of students can help the planners avoid unintended disruption or other violations that may result in subsequent discipline or subsequent interference with the assembly by campus authorities.

Subchapter 13-1000. Guest Speakers

Sec. 13-1001. Definitions

“Guest speaker” means a speaker or performer who is not a student, faculty member, or staff member.

Sec. 13-1002. Who May Present

Registered student, faculty, and staff organizations and academic and administrative units may present guest speakers on University property. In the case of registered student organizations, advance permission from the dean of students is required. Individuals may not present a guest speaker.

Sec. 13-1003. Location and Form of Presentation

(a) A guest speaker may present a speech or performance, or lead a discussion of specified duration, at a time announced in advance, in a fixed indoor location or in a fixed outdoor location approved by the dean of students. A guest speaker may distribute literature only immediately before, during, and immediately after the normal course of his or her speech, presentation, or performance, and only to persons in attendance. Only literature that complies with subchapter 13-400 may be distributed.

(b) A guest speaker may not

(1) accost potential listeners who have not chosen to attend the speech, performance, or discussion; or

(2) distribute literature to persons who have not chosen to attend the speech, performance, or discussion; or

(3) help staff a table or exhibit set up under subchapter 13-600 or subchapter 13-700.

(c) A registered student, faculty, or staff organization may not present a guest speaker in violation of the prohibition against cosponsorship in section 13-304.

Sec. 13-1004. Application

(a) A registered student organization that wishes to present a guest speaker will apply to the dean of students, on a form prescribed by the dean of students, at least forty-eight hours before the scheduled event or any planned advertising for the event, whichever is earlier. The application will be combined with an application under section 10-202 of the Institutional Rules to reserve the use of a University room or space for the event.

(b) The dean of students will approve an application properly made under subsection 13-1004(a) unless it must be disapproved under the criteria in section 10-203 of the Institutional Rules.

Sec. 13-1005. Obligations of Presenting Organization

A student, faculty, or staff organization that presents a guest speaker must make clear that

(1) the organization, and not the University, invited the speaker; and

(2) the views expressed by the speaker are his or her own and do not necessarily represent the views of the University, The University of Texas System, or any component institution.

Subchapter 13-1100. Responding to Speech, Expression, and Assembly

Sec. 13-1101. General Rule on Responding

University persons and organizations may respond to the speech, expression, or assembly of others, subject to all the rules in this chapter.

Sec. 13-1102. Applications of Section 13-1101

(a) Responders may not damage or deface signs or exhibits, disrupt public assemblies, block the view of participants, or prevent speakers from being heard.

(b) Means of response that are permitted in many locations and without advance permission or reservation, such as signs, tables, distribution of literature, and public assembly without amplified sound, may be used immediately and in any location authorized in this policy.

(c) Means of response that require advance permission or reservation, such as banners, A-frames, exhibits, and amplified sound, may be used as soon as the needed permission or reservation may be arranged. Banner space and some amplified sound areas may be unavailable on short notice because of earlier reservations, but the dean of students will expedite approval of A-frames, exhibits, and available banner space and amplified sound areas where necessary to permit appropriate response to other speech, assembly, or expression.

(d) Means of response that are confined to authorized locations, such as banners and amplified sound, may be used only in those locations. It is not possible to respond to amplified sound with amplified sound in the same location; similarly if an exhibit or public assembly is in a location where amplified sound is not permitted, it is not possible to respond with amplified sound in that location. In either case, it is possible to respond with amplified sound in another location and to use signs or distribution of literature to advertise the response at the other location.

Subchapter 13-1200. Enforcement and Appeals

Sec. 13-1201. Police Protection

(a) It is the responsibility of the University to protect the safety of all persons on campus and to provide police protection for speakers, public assemblies, persons staffing or viewing exhibits, and other events. The normal patrolling of officers during regular duty areas in the area of such events will be at the cost of the University. When the magnitude, timing, or nature of an event requires overtime hours from police officers (including contract hours for officers hired from other departments or private security agencies), the University will, to the extent specified in subsection 13-1201(b) and subsection 13-1201(c), charge the cost of overtime or contract officers to the person or organization sponsoring the event or exhibit that requires overtime police protection. The purpose of subsection 13-1201(b) and subsection 13-1201(c) is to charge for police overtime where reasonably possible, but not to charge for police overtime made necessary by the content of speech at the event or by the controversy associated with any event.

(b) A reasonable and nondiscriminatory fee for overtime police work will be charged to the registered student, faculty, or staff organization for events that require overtime police protection, and

(1) charge a price for admission; or

(2) pay a speaker, band, or other off-campus person or organization for services at the event. Persons or organizations planning such events should budget for the cost of police protection.

(c) The University will have the sole power to decide, after reasonable consultation with the person or organization planning the event, whether and to what extent overtime police protection is required. No fee will be charged for officers assigned because of political, religious, philosophical, ideological, or academic controversy anticipated or actually experienced at the event. All fees will be based on the number of officers required for an uncontroversial event of the same size and kind, in the same place and at the same time of day, handling the same amount of cash.

(d) Nothing in this section applies to any interdepartmental charge or transfer among units or accounts funded by the University.

Sec. 13-1202. Response to Violations

(a) A student who violates a prohibition in this chapter may be disciplined under the procedures in chapter 11 of the Institutional Rules. A registered student organization that violates a prohibition in this chapter may be disciplined under the procedures in chapter 6 of the Institutional Rules.

(b) A faculty member who violates a prohibition in this chapter may be disciplined under applicable procedures provided by other rules. If no such procedures exist, violations by faculty members will be referred to the Office of the Executive Vice President and Provost.

(c) A staff member who violates a prohibition in this chapter may be disciplined under applicable procedures provided by other rules. If no such procedures exist, violations by staff members will be referred to Human Resource Services.

(d) Authorized University personnel may prevent imminently threatened violations, or end ongoing violations, of a prohibition in this chapter, by explanation and persuasion, by reasonable physical intervention, by arrest of violators, or by any other lawful measures. Alternatively or additionally, they may initiate disciplinary proceedings under subsection 13-1202(a), subsection 13-1202(b), or subsection 13-1202(c). Discretion regarding the means and necessity of enforcement will be vested in the chief of police, or in University personnel designated by the president, as appropriate, but such discretion will be exercised without regard to the viewpoint of any speaker.

(e) Persons and organizations on the campus will comply with instructions from University administrators and law enforcement officials at the scene. A person or organization that complies with an on-the-scene order limiting speech, expression, or assembly may test the propriety of that order in an appeal under section 13-1203.

Sec. 13-1203. Appeals

(a) A person or organization that is denied permission for an activity requiring advance permission under this chapter may appeal the denial of permission.

(b) A person or organization that complies with an on-the-scene order limiting speech, expression, or assembly may, on or before the fifth weekday after complying with the order, file an appeal to determine the propriety of the order limiting the speech, expression, or assembly. The question on appeal will be whether, under the circumstances as they reasonably appeared at the time of the order, the appellant’s speech, expression, or assembly should have been permitted to continue. Such an appeal may be useful to clarify the meaning of a rule, or to resolve a factual dispute that may recur if the appellant desires to resume the speech, expression, or assembly that was limited by the order.

(c) An appeal authorized by this section will be heard under the procedures set out in subchapter 10-400 of the Institutional Rules.

Chapter 14. Career Exploration Center

Subchapter 14-100. General Provisions

Sec. 14-101. Purpose

The purpose of the services is to provide career counseling and career exploration services for students to help them promote, maintain, and improve their career development and maximize their college experience.

Sec. 14-102. Definitions

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

(1)“director” means the director of the Career Exploration Center;

(2) “services” means career counseling, testing, and information;

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

(4) “student” means a person enrolled at the University or a person accepted for admission or readmission to the University while that person is on the campus and eligible for services.

Subchapter 14-200. Administration

Sec. 14-201. Duties of the Director

(a) The director will

(1) maintain and administer the programs of the services so that they relate meaningfully to the needs of the student body and of the faculty;

(2) appoint coordinators for various phases of program planning, administration, and development; and

(3) designate specific staff members who will perform assigned duties in the absence of the director.

(b) The director is in charge of the Career Exploration Center. The director is responsible to and will report regularly to the associate vice president for student affairs.

Subchapter 14-300. Services Provided

Sec. 14-301. Services Provided to Students

The services provide general and specific functions that include

(1) individual counseling for career-related issues;

(2) group programs and workshops for personal and educational development;

(3) career-related workshops;

(4) outreach services;

(5) faculty contacts program;

(6) resource library for major and career decision making;

(7) career assessments;

(8) internship and graduate school application information and assistance;

(9) graduate school program fair.

Sec. 14-302. Services Provided to the University

The services provide training, information, and workshops to faculty members, staff members, and administrators regarding career, major, and workplace questions and resources.

Subchapter 14-400. Career Exploration Center Counseling Records

Sec. 14-401. Confidentiality of Records

(a) Confidentiality of the records of the Career Exploration Center is governed by the laws of the State of Texas and applicable federal law.

(b) With certain exceptions, a student is entitled to review or have access to the content of his or her confidential records.

Chapter 15. UT Learning Center

Subchapter 15-100. General Provisions

Sec. 15-101. Purpose

The UT Learning Center’s purpose is to provide academic support services to all University students and to empower them in their pursuit of lifetime learning.

Sec. 15-102. Definitions

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

(1)“director” means the director of the UT Learning Center;

(2) “services” means UT Learning Center services;

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

(4) “student” means a person enrolled at the University or a person accepted for admission or readmission to the University while that person is on the campus and eligible for services.

Subchapter 15-200. Administration

Sec. 15-201. Duties of the Director

(a) The director will

(1) maintain and administer the programs of the services so that they meet the academic needs of the student body;

(2) appoint coordinators for various phases of planning, controlling, administration, and development; and

(3) designate specific staff members who will perform assigned duties in the absence of the director.

(b) The director is in charge of the UT Learning Center. The director is administratively responsible to and will report regularly to the associate vice president for student affairs.

Subchapter 15-300. Services Provided

Sec. 15-301. Services Provided to Students

The services provide general and specific functions that include

(1) one-on-one tutoring sessions for many entry-level, lower-division courses;

(2) group tutorials offered for entry-level mathematics, physics, and general chemistry;

(3) one-on-one consultations for graduate-level writing projects;

(4) programs, presentations, and exhibits on topics related to effective learning strategies;

(5) regularly scheduled discussion sections led by trained undergraduate and/or graduate students;

(6) course-specific learning communities called teaching teams;

(7) peer mentoring;

(8) free noncredit classes and workshops;

(9) academic counseling.

Sec. 15-302. Services Provided to the University

The services provide consultation to faculty members, academic departments, University residence personnel, and administrators on issues related to learning and student academic success.

Subchapter 15-400. UT Learning Center Records

Sec. 15-401. Confidentiality of Records

(a) Confidentiality of the records of the UT Learning Center is governed by the laws of the State of Texas and applicable federal law.

(b) With certain exceptions, a student is entitled to review or have access to the content of his or her confidential records.

Chapter 16. Prohibition of Hazing

Subchapter 16-100. General Provisions

Sec. 16-101. Introduction

(a) The University of Texas at Austin is committed to providing a safe educational environment for everyone and does not tolerate hazing by any group or individual affiliated with the University. The University expects that all students and student organizations will observe and fully comply with state law, Regents’ Rules, University regulations, and administrative rules associated with the prohibition of hazing.

(b) Hazing is prohibited under state law, and the University will initiate disciplinary action in response to hazing incidents that take place during official functions of the University, or those sponsored by registered student organizations, or incidents that have a substantial connection to the interests of the University regardless of the location in which they occur, on or off campus.[36]

Sec. 16-102. Application

(a) This chapter applies to individual students and student organizations and states the function of administrative staff members of the University in disciplinary proceedings.

(b) Individuals who are not currently enrolled at the University remain subject to the disciplinary process for conduct that occurred while they were students.

(c) Students and student organizations are subject to discipline for prohibited conduct under this chapter while participating in off-campus activities, whether or not the activities are sponsored by the University.

Sec. 16-103. Definitions

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

(1)“Authorized representative” means a person designated to represent an organization as required in subsection 6-303(a) of the Institutional Rules.

(2) “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.

(3) “Hazing” or “hazing activity” means any intentional, knowing, or reckless act, occurring on or off the campus of an educational institution, by one person alone or acting with others, directed against a student, that endangers the mental or physical health or safety of a student for the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in any organization whose members are primarily students at an educational institution. Hazing includes but is not limited to

(A) any type of physical brutality, such as whipping, beating, striking, branding, electronic shocking, placing of a harmful substance on the body, or similar activity;

(B) any type of physical activity, such as sleep deprivation, exposure to the elements, confinement in a small space, calisthenics, or other activity that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student;

(C) any activity involving consumption of a food, liquid, alcoholic beverage, liquor, drug, or other substance that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student;

(D) any activity that intimidates or threatens the student with ostracism, that subjects the student to extreme mental stress, shame, or humiliation, that adversely affects the mental health or dignity of the student or discourages the student from entering or remaining registered in an educational institution, or that may reasonably be expected to cause a student to leave the organization or the institution rather than submit to acts described in this subsection;

(E) any activity that induces, causes, or requires the student to perform a duty or task that involves a violation of the Penal Code.[37]

(4) “Organization” means a fraternity, sorority, association, corporation, order, society, corps, club, or service, social, or similar group whose members are primarily students and includes groups with a valid registration under chapter 6 of the Institutional Rules.[38]

(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, or who engaged in prohibited conduct while he or she met the above criteria.

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

Subchapter 16-200. Prohibited Conduct

Sec. 16-201. Personal Hazing Offense

A person commits the offense of hazing and is subject to discipline under this chapter if the person

(a) engages in hazing;

(b) solicits, encourages, directs, aids, or attempts to aid another in engaging in hazing;

(c) recklessly permits hazing to occur; or

(d) has firsthand knowledge of the planning of a specific hazing incident involving a student in an educational institution, or has firsthand knowledge that a specific hazing incident has occurred, and knowingly fails to report that knowledge in writing to the dean of students or other appropriate official of the institution.[39]

Sec. 16-202. Organization Hazing Offense

(a) An organization commits a hazing offense if the organization condones or encourages hazing or if an officer, authorized representative, or any combination of members, pledges, or alumni of the organization commits or assists in the commission of hazing.[40]

(b) Initiations or activities of organizations may include no feature that is dangerous, harmful, or degrading to the student, and a violation of this prohibition renders both the organization and participating individuals subject to discipline.[41]

Hazing with or without the consent of a student is prohibited, whether on or off campus, and a violation of that prohibition renders both the person inflicting the hazing and the person submitting to the hazing subject to discipline.[42]

Subchapter 16-300. Reporting Hazing

Sec. 16-301. Obligation to Report

(a) A person who believes that he or she has been subjected to hazing in violation of this chapter or a person who has knowledge of hazing activities should report the incident to the dean of students or another University official, administrator, or supervisor. A faculty member is not an “official, administrator, or supervisor” for this purpose unless that faculty member holds an administrative position.

(b) All supervisors, administrators, and University officials are responsible for promptly reporting incidents of hazing that come to their attention to the Office of the Dean of Students.

(c) No person is required to report hazing to the alleged offender.

Sec. 16-302. Immunity from Institutional Discipline

(a) In an effort to encourage reporting of hazing incidents, the dean of students may grant immunity from discipline under section 16-401 to a person who voluntarily reports a specific hazing event under section 16-301 if the person

(1) reports the incident before being contacted by the dean of students concerning the incident or otherwise being included in the institution’s investigation of the incident; and

(2) cooperates in good faith throughout the institutional investigation regarding the incident.

(b) A person will not be granted immunity under subsection 16-302(a) if the person

(1) reports the person’s own act of hazing;

(2) reports an incident of hazing in bad faith or with malice as determined by the dean of students; or

(3) reports the incident after being contacted by the dean of students concerning the incident or otherwise being included in the institution’s investigation of the incident.

(c) The dean of students may revoke the immunity granted under subsection 16-302(a) and initiate disciplinary proceedings under section 16-401 if the person

(1) is found to have engaged in the hazing activity under investigation;

(2) fails to cooperate fully and in good faith throughout the institutional investigation of the incident as determined by the dean of students; or

(3) otherwise acts in bad faith or with malice as determined by the dean of students.

(d) The dean of students will notify a person regarding a grant or revocation of immunity under this section by letter or by e-mail.

Sec. 16-303. Immunity from Criminal and Civil Liability

(a) The law grants immunity from criminal or civil liability to any person who in good faith and without malice reports a specific hazing event to the dean of students or other appropriate official under section 16-301 and immunizes that person for participation in any judicial proceeding resulting from that report.[43]

(b) A person will not be deemed by the dean of students to be acting in good faith and without malice if the person

(1) reports the person’s own act of hazing;

(2) fails to cooperate fully and in good faith, as determined by the dean of students, in reporting the incident;

(3) reports the incident after being contacted by the dean of students concerning the incident or otherwise being included in the institution’s investigation of the incident; or

(4) otherwise acts in bad faith or with malice as determined by the dean of students.

(c) A doctor or other medical practitioner who treats a student who may have been subjected to hazing may make a good faith report of the hazing activities to police or other law enforcement officials and is immune from civil or other liability that might otherwise be imposed or incurred as a result of the report.[44]

Subchapter 16-400. Administration of Discipline

Sec. 16-401. Individual Discipline

Notwithstanding any action taken on account of the violation by civil authorities or agencies charged with the enforcement of criminal or civil laws, the dean of students may initiate disciplinary proceedings under subchapter 11-300 of the Institutional Rules against a student accused of violating section 16-201.

Sec. 16-402. Organizational Discipline

Notwithstanding any action taken on account of the violation by civil authorities or agencies charged with the enforcement of criminal or civil laws, the dean of students may initiate disciplinary proceedings under subchapter 6-500 of the Institutional Rules against an organization accused of violating section 16-202.

Sec. 16-403. Interim Disciplinary Action

Pending a hearing or other disposition of the allegations, the dean of students or the president of the University may take such immediate interim disciplinary action against a student under subchapter 11-300 or an organization under subchapter 6-500 of the Institutional Rules as is appropriate to the circumstances.

Sec. 16-404. Potential Criminal Liability

Under state law, individuals or organizations engaging in hazing may be subject to fines and charged with a criminal offense. The penalty for failure to report hazing is a fine of up to $1,000, up to 180 days in jail, or both. Penalties for other hazing offenses vary according to the severity of the injury that results and include fines from $500 to $10,000 and/or confinement for up to two years.[45]

36. See Texas Education Code, Section 37.156 and Section 51.936.

37. See Texas Education Code, Section 37.151(6).

38. See Texas Education Code, Section 37.151(5).

39. See Texas Education Code, Section 37.152.

40. See Texas Education Code, Section 37.153.

41. See Regents’ Rules and Regulations, Rule 50101, Number 2, Section 2.8.

42. See Texas Education Code, Section 37.154, and Regents’ Rules and Regulations, Rule 50101, Number 2, Section 2.8.

43. See Texas Education Code, Section 37.155.

44. See Texas Education Code, Section 37.157.

45. See Texas Education Code, Section 51.936 and Section 37.151 et seq.

General Information, 2009-2010

page 4 of 4 in Appendix C

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