continued

Chapter 6.  Student Organizations

Subchapter 6-100.  General Provisions

Sec. 6-101.  Definitions

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

1. "dean" means the dean of students, or the dean's delegate or representative;
2. "hearing officer" means a person appointed by the president to conduct hearings of alleged violations of a regents' rule, university regulation, or administrative rule;
3. "organization" means a student group holding a valid registration;
4. "president" means the president of the University of Texas at Austin;
5. "student" means a person 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;
6. "university" means the University of Texas at Austin;
7. "university facility" means a classroom, auditorium, residence hall, other building, or outdoor area owned or controlled by the university;
8. "vice president" means the vice president for student affairs; and
9. "weekday" means Monday through Friday except for official university holidays; "day" means calendar day.

Subchapter 6-200.  Registration

Sec. 6-201.  Registration Required [4]

1. The university encourages student advocacy, within the limits necessary to accommodate academic needs and ensure public safety, and welcomes its students' involvement with the political, moral, and social issues of the day.
2. Three or more students are entitled to register as an organization.
3. Each group that seeks to use university facilities shall apply to the dean for registration as an organization.
4. No organization or group may be registered if the actions or activities of the organization or group, in the opinion of the president, are inimical to the educational purpose and work of the university.

Sec. 6-202.  Eligibility

A group is eligible for registration if

1. its membership is limited to students, faculty, and staff of the university;
2. its membership is not denied on any basis prohibited by applicable law, including, but not limited to, race, color, national origin, religion, sex, age, disability, or veteran status;
3. it is not under disciplinary penalty prohibiting registration; and
4. it conducts its affairs in accordance with local, state, and federal laws; the Regents' Rules; university regulations; and administrative rules.

Sec. 6-203.  Application

A group shall apply to register on a form prescribed by the dean. The form shall include

1. the name of the proposed organization;
2. the names and signatures of at least three students;
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
5. other information reasonably required by the dean.

Sec. 6-204.  Use of University Name or Sponsorship

1. Only an organization that is sponsored by the university may use the name of the university or an abbreviation of the name of the university as part of its name.
2. A student, group, or organization may not 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.
3. A student, group, or organization may not advertise or promote events or activities or other functions in a manner that suggests falsely that the event or activity is sponsored by the university.

Sec. 6-205.  Action on Application

1. In considering an application, the dean shall not pass on the merits of the proposed organization's purpose, but shall register the applicant unless it is ineligible under subsection 6-201(d), or section 6-202 or 6-203.
2. The dean approves the registration of an organization by signing the application form and placing it on file in the Campus and Community Involvement Office.
3. If an organization is refused registration, the dean shall provide the applicant with a copy of a written statement of the reasons for refusal, and the applicant may appeal in accordance with section 6-404.

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 sponsor or present a public performance or exhibition on university property in accordance with subchapter 10-400;
3. to raise funds or make other permissible solicitations on university property in accordance with subchapter 10-500; [5]
4. to reserve the use of university facilities in accordance with subchapter 10-200.

Sec. 6-302.  Membership

An organization must restrict its membership to students, faculty, and staff of the university, but it may not deny membership on any basis prohibited by applicable law, including but not limited to, race, color, national origin, religion, sex, age, disability, or veteran status.

Sec. 6-303.  Fiscal Procedure

Unless it is financially responsible to a university department or agency, an organization shall deposit all funds collected on campus with the dean. This provision does not, however, exempt an organization from meeting the requirements set forth in section 10-502.

Sec. 6-304.  Requirements

1. Every registered student organization shall furnish to the dean at the beginning of each semester a complete list of 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 shall be kept current and accurate throughout the semester by the organization, and it shall 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.
2. At the beginning of each semester, each registered student organization must file with the dean a written statement that the organization does not, and will not during the semester, have as a member any person who is neither a student nor a member of the faculty or staff of the university. If an organization fails or refuses to file the required statement, or if the dean determines that the statement is or has become false, disciplinary proceedings shall be initiated by the dean, after providing notice. The dean or the hearing officer may cancel the registered status of the organization or may impose other appropriate penalties.
3. The required affidavit of membership also specifies that membership is not denied on any basis prohibited by applicable law, including but not limited to, race, color, national origin, religion, sex, age, disability, or veteran status.
4. No organization may 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.
5. Each semester every registered student organization must sign a statement acknowledging that the organization does not engage in activities that involve the subjugation of a probationary member of the group to dangerous, harmful, or degrading acts. Regents' Rules and Regulations, Part One, Chapter VI, Section 3.28 states that such acts are a violation with or without the consent of the probationary member.

Subchapter 6-400.  Discipline

Sec. 6-401.  Administration

1. 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 the violation;
   2. one or more of its members commit the 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 the violation while acting in the scope of the committee's assignment;
   4. a member of an organization acting with apparent authority of the organization commits the violation;
   5. one or more members of an organization or its officers permit, encourage, aid, or assist any of its members in committing a violation;
   6. one or more members of an 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.
2. When the dean receives information that an organization has allegedly violated a regents' rule, university regulation, or administrative rule, he or she shall investigate the alleged violation. Upon completing the investigation, the dean 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)
      1. dismiss the allegation; or
      2. find the organization in violation and impose a penalty.
3. The dean may impose one or more of the penalties under section 6-402 when an organization fails, without good cause, to comply with a summons under subsection (b).
4. Notwithstanding any other provision of this chapter, the dean or the president may take immediate disciplinary action, pending a conference, against an 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.
5. A student may be disciplined for a violation under chapter 11 even though the organization of which the student is a member is penalized under this subchapter for the same violation or for a violation growing out of the same factual transaction.

Sec. 6-402.  Penalties

The dean, acting pursuant to section 6-401, or the hearing officer, after a hearing under this subchapter, may impose one or more of the following penalties 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:
   1. publicly post signs;
   2. install a booth;
   3. publicly assemble or demonstrate;
   4. sponsor or present a public performance or exhibition;
   5. publicly raise funds or make a solicitation; [6]
   6. reserve the use of university facilities; or
   7. participate in intramural sports tournaments and events;
3. require restitution, educational seminars, and community service;
4. suspend for not more than one calendar year the organization's registration; or
5. cancel the organization's registration for not less than one calendar year.
6. The dean or the hearing officer may impose conditions related to the offense and failure to meet the conditions will be considered an additional violation.

Sec. 6-403.  Notice

1. The dean must notify the organization concerned by letter of the penalty imposed and of the group's right to appeal. The dean shall send the letter to any authorized representative of the organization.
2. The letter shall
   1. describe concisely the findings of violation;
   2. outline the penalty imposed; and
   3. advise the organization of its rights to appeal in accordance with section 6-404.

Sec. 6-404.  Right to Appeal

1. An organization that has not had its registration suspended or canceled may appeal to the vice president.
2. An organization that has had its registration suspended or canceled is entitled to appeal to the vice president or to have the dean's decision reviewed by a hearing officer. The organization or the dean may appeal the decision of the hearing officer to the vice president.
3. To appeal any decision, written notice must be given to the dean within ten days after the day on which the decision or action being appealed is announced. The notice is informal, but shall contain the organization's name, the date of the decision or action, the name of the organization's representative, and the review authority to which the appeal is being made. If the dean is the appellant, a copy of the notice shall be given to the accused organization on the same day notice is served by the dean.
4. Notice of appeal timely given suspends the imposition of penalty until the appeal is finally decided, but interim action may be taken as authorized under subsection 6-401(d).
5. In the case of an appeal to the vice president, arguments either against or in support of the decision will be considered and, at the discretion of the vice president, will be presented in writing rather than orally.
6. The vice president may approve, reject, or modify the decision in question, or may require that the original decision be reopened for the presentation of additional evidence and reconsideration of the decision.
7. In an appeal to a hearing officer, the dean's decision will be reviewed for fairness, reasonableness, and compliance with Institutional Rules as described in subchapter 6-405. 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.
8. The hearing officer may approve, reject, or modify the dean's decision. The criteria on which the hearing officer's decision will be based are fairness, reasonableness, and compliance with Institutional Rules. Either party may appeal the decision of the hearing officer to the vice president.
9. Before an appeal can be considered, all relevant documentation from the previous decision to be filed by the appealing party, including written arguments when appropriate, must be filed with the reviewing authority within twenty-one days after notice of appeal is given.
10. The action of each reviewing authority shall be communicated in writing to the accused organization and the dean of students. The decision of the vice president shall be the final appellate review.

Sec. 6-405.  Hearing

1. The hearing is informal and is closed except that, upon request of the accused organization, the hearing may be open. With the consent of or by invitation of the representative of the accused organization, the following persons may attend:
   1. one or two representatives of the Student Government;
   2. one or two staff members of the Daily Texan; and
   3. not more than five members of the organization.
2. An authorized representative of the organization may challenge the hearing officer's alleged lack of fairness or objectivity, but is not entitled to disqualify the person from serving. It shall 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 shall be appointed.
3. The dean shall set the date, time, and place for the hearing and notify the organization's authorized representative.

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