Campus Carry Appeals Process

F. HOP #8-1060: Laboratories

2. The concealed carry of handguns is prohibited in areas where the discharge of a firearm might cause great harm, such as laboratories with extremely dangerous chemicals, biologic agents, or explosive agents, and areas with equipment that are incompatible with metallic objects, such as magnetic resonance imaging machines.

Implementation: F. Laboratories 1

The task force formed a subcommittee of faculty and staff members to review all laboratories. The task force developed a procedure for the University’s Handbook of Operating Procedures (HOP) to translate the President’s Policy Statements into university policy. For laboratories, the task force focused on language from Policy Statements 13 and 14 and the accompanying findings. These are found on page 6 of the Campus Carry Policies and Implementation Strategies, dated February 17, 2016:

1. “…the discharge of a firearm might cause great harm, such as laboratories with extremely dangerous chemicals, biologic agents, or explosive agents, and areas with equipment that is incompatible with metallic objects…”

2. “Such a discharge of a weapon could have grave and catastrophic consequences.”

3. “This policy is reasonable and addresses specific safety considerations necessary to ensure safety in these unique environments.”

4. “This policy does not have the effect of generally prohibiting license holders from carrying concealed handguns on campus.”

The task force’s major concern was that an exclusion of all laboratories or other areas containing hazardous materials might “have the effect of generally prohibiting” concealed carry from large areas of campus—and thus violate the law. Additionally, many of the university’s approximately 1,800 laboratories contain small quantities of hazardous materials and do not pose the same level of risk as laboratories with very large quantities of such materials. Thus, upon further review, criteria were developed to help identify unique areas where a discharge could have “grave and catastrophic consequences.” One classification that already existed within the university’s Department of Environmental Health and Safety (EHS) for identifying laboratories was the “high hazard” designation. Due to the specific nature and volume of materials within these laboratories, high hazard appears to meet the definition of Policy Statement No. 13, “extremely dangerous chemicals, biologic agents, or explosive agents.” Due to the nature of these materials, EHS inspects “high-hazard” laboratories more frequently than other laboratories. In addition to the “high hazard” laboratory criteria, which specifically include very hazardous gases, it was determined that cylinders of less hazardous gases, in large quantity and at high pressure could also pose a unique and dangerous threat if struck by a projectile from a weapon. For this reason, areas with large cylinders of National Fire Protection Association (NFPA) Category 2 or higher gases were also considered for exclusion. The reasoning is that if punctured, the contents of the cylinder could catch fire, explode or pose an immediate health hazard.

The task force recognized that most, if not all, of the approximately 1,800 university laboratories contain dangerous and hazardous materials. The focus of the task force investigation was on extremely dangerous chemicals, biological agents, and explosives. After lengthy discussion, the task force reached the following conclusions:

1. If all laboratories were excluded that contain dangerous and/or hazardous materials, then the task force would violate the provisions of the original law and would create a general exclusion on campus.

2. While there are, in fact, dangerous and hazardous materials in most laboratories, these materials are typically in small quantities and do not pose the threat of a catastrophic incident in the event of an accidental discharge in the laboratory.

3. The use of the “High Hazard Laboratory” definition, the additional gas exclusion, and criteria for magnetic fields describe the areas that pose the greatest risk for a catastrophic incident:

Criteria:

A. High Hazard Laboratories are defined by possession of

Greater than 55 gallons of Class I flammable liquids and/or significant quantities of acids, bases, organics, pyrophorics, peroxides, extremely toxic materials or pyrophoric or toxic gases classified NFPA 704 Category 3 or higher.

B. Hazardous Gases

K-size cylinders containing corrosive, reactive, flammable, toxic, and/or oxidizer gases classified NFPA 704 Category 2 or higher.

C. Strong Magnetic Field Laboratories

• Typically contain MRI and/or NMR equipment capable of generating significant magnetic fields
• Field strength of at least 5 gauss is measured outside the equipment. 5 gauss line typically at least 3 feet and as much as 20 feet from equipment
   

D. Large cylinders of acetylene

The university recognizes that the following are classified as potentially hazardous materials:

A. Any unsealed radioactive material

B. Biological materials categorized as BSL-2

C. Chemicals listed as select or regulated carcinogens

D. Chemicals listed as toxic, highly toxic or reproductive toxins

E. Flammable, air-reactive, or water-reactive chemicals

F. Corrosive chemicals in concentrations of one (1) molar or greater.

G. Known chemical irritants or sensitizers

However, the task force was concerned that the exclusion of all areas where any amount of these materials are stored or used would result in a general exclusion of concealed handguns for campus and thus be unlawful. However, the task force was concerned that the exclusion of all areas where any amount of these materials are stored or used would result in a general exclusion of concealed handguns for campus and thus be unlawful.

F. HOP #8-1060 Laboratories (2)

1. The concealed carry of handguns is prohibited in animal-research facilities and other animal-care and animal-use locations in which protocols regulating entrance and exit ways create a risk that a concealed handgun will accidentally discharge, be contaminated, or be separated from a license holder. Notice conforming to Texas Penal Code, Section 30.06 will be provided.
    

The concealed carry of handguns is prohibited in animal research facilities and other animal-care and animal-use locations in which protocols regulating entrance and exit ways create a risk that a concealed handgun will accidentally discharge, be contaminated, or be separated from a license holder. Notice conforming to Texas Penal Code, Section 30.06, will be provided.

Implementation: F. Laboratories 2

A similar process was used to determine the extent of exclusion in the animal research facilities. Any animal research areas that are also classified as High Hazard will be excluded on that basis. Criteria have also been developed to identify other animal research areas as “animal facilities” and/or “care and use areas.” Such locations are most likely to encompass sensitive environments that may include clothing restrictions and other protective requirements that could increase risks of weapon discharge, contamination, or unanticipated separation of a handgun from the license holder.

The term “Animal Research Facility” (which is specifically mentioned in the policy for exclusion) has been defined for these purposes as a group of rooms that are managed as a defined unit dedicated to animal housing and use. In these locations, animal holding, procedure and support rooms are located behind a defined, secure perimeter with access via anterooms, directly connecting doors, or service hallways. Many of these areas are managed by the Animal Research Center (ARC), but others are Principle Investigator (PI) maintained.

In addition to the locations that can be considered “facilities,” there are a variety of individual rooms across campus, that are also used primarily for the housing and care of research animals. These rooms are interspersed throughout various research buildings, but the task force was able to identify a clear, existing criteria to define these exclusion areas. The Institutional Animal Care and Use Committee (IACUC) is responsible for approving locations used for permanent (longer than 12-24 hour) animal holding, and it has been recommended that any rooms on that list that are fully dedicated to animal holding will be excluded. This will result in approximately 12 rooms being posted as exclusion zones. Approved animal handlers may remove animals from the animal research facilities or dedicated animal-care locations listed above and take them to a number of other laboratory locations across campus for short-term (i.e. up to 12-24 hour) use. In addition, a few laboratories have been approved to keep a small number of animals in a laboratory hood or other temporary location near an imaging or behavioral testing room for a few days to up to several weeks. However, the locations for these activities are numerous and fluctuate much more than the defined facilities or locations listed above. They also generally do not involve special entry/egress requirements, are not designed as specialized spaces, and are often used for multiple purposes. These areas are not recommended as excluded areas by the task force.

E HOP #8-1060 Patient Care

The concealed carry of handguns is prohibited in patient-care areas, including those areas in which professional mental health services are provided. This prohibition includes not only traditional patient care facilities, but also research labs and other research areas where and when, as part of a research program, patient care is delivered by or under the supervision or direction of a licensed health care provider. Notice conforming to Texas Penal Code, Section 30.06, will be provided.

DEFINITION OF PATIENT CARE AREA (FROM HOP #8-1060):

An area, including research areas, that involves the treatment or evaluation of a medical or mental health condition of a patient by a licensed health care provider or under the supervision or direction of a licensed health care provider and that results in a formal record of treatment.

Waiting rooms for patient care areas can be considered as an excluded area when greater than 50 percent of the use of that waiting room is for patients waiting to receive care.

Dr. Chris Brownson, associate vice president for student affairs and director of the Counseling and Mental Health Center, and a team surveyed all areas considered to be patient care areas. All areas that met this definition were toured and reviewed. In addition, the task force subcommittee met with the principal provider or his/her delegate to evaluate whether the patient care area/ research unit met the definition and to determine the best way to communicate exclusion of handguns within that area to faculty members, staffers, patients, research participants, and visitors. After consultation within the task force, the entire Student Services Building was recommended for exclusion. The responsible university authorities have been notified of exclusion area(s).

D. HOP #8-1060 Events (1)

1. The University is often the site of pre-K-12 school-sponsored activities, such as field trips. When a pre-K-12 school-sponsored activity is conducted at a particular location, the carrying of handguns is prohibited. A sign reading “Pre-K-12 school- sponsored activity in progress” will be posted during these activities.

D. EVENTS

1. The university is often the site of Pre-K-12 school-sponsored activities, such as field trips. When a Pre-K-12 school-sponsored activity is conducted at a particular location, the carrying of concealed handguns is prohibited. A sign reading “Pre-K-12 school-sponsored activity in progress” will be posted during these activities.

Implementation

“School-sponsored activities” for purposes of this policy is defined as: tours, demonstrations, field trips, events, clubs, camps, classes, clinics, programs, etc., held on UT property that are authorized by a K-12 school district or individual school(s) as a curricular, co-curricular, or interscholastic activity and are managed or supervised in part by the district or school, or district or school employee. Many facilities on campus host school-sponsored activities. A survey of campus identified the following locations as historically hosting such activities with regularity. These entities will be notified about posting appropriate signage. A blank template letter showing the language for this communication and signage are located in Appendix G2 in printed copies of this report.

HOP #8-1060

J. Process and Appeal

Additional policies or exclusion areas not provided for in this policy will not be the subject of or considered as a matter of appeal. In accordance with Texas Government Code, Section 411.2031, the president is authorized to enact reasonable rules and regulations regarding the concealed carry of handguns on campus. Only areas that that CCITF missed or interpreted incorrectly they may be appealed under this provision. Review the applicable portion of the HOP #8-1060, the CCITF Final Report and then complete the form.

If this is a request to move an excluded space or a newly constructed space use this form to notify the Campus Safety and Security Committee and request consideration.