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CHAPTER VII

4. HEALTH AND SAFETY

4.1 Alcohol Policy.

System Components shall not sell, serve or permit the sale, service, or consumption of alcohol on campus, except in "special use" buildings or facilities designated by the President. Students who are 21 years of age or older, who do not reside in alcohol-free living areas may be permitted to have alcohol in their rooms, but not in common areas of residence halls. The President may restrict possession or consumption of alcohol (as permitted under this policy) to specified residential areas including apartments. Students who are permitted to have alcohol under this policy may not share or provide alcohol to students or other persons who are under 21. Nothing herein shall be taken as an assumption of risk or responsibility on the part of the Board of Regents of The Texas State University System, or its System Components for any injuries or damage, of whatever kind, resulting from a student's possession or use of alcohol, whether such use is legal or illegal.

4.2 Student Health Programs.

Components may establish student health centers and/or pharmacies to provide basic care and assistance only (as opposed to long-term medical facilities or the treatment of “major medical” problems) as well as information, educational programs and counseling through the student life areas of the Components on timely topics of interest and concern to the students.

4.21    Each physician providing medical and/or health care to students through a Component operated health center shall carry malpractice insurance in the amount of not less than $100,000 per occurrence or $300,000 total for bodily injury or death.

4.3 Racial Harassment.

System Components shall provide equal educational opportunities for all students and equal employment opportunities for all applicants and employees and otherwise foster an environment free of racial intimidation, humiliation, and harassment. Racial harassment, as defined herein, is expressly prohibited.

4.31    Definition. “Racial Harassment” is defined as extreme or outrageous acts or communications that are intended to harass, intimidate, or humiliate students, faculty, staff or visitors on account of race, color, or national origin and that reasonably cause them to suffer severe emotional distress. No student, faculty, or staff employee is to engage in racial harassment of any person on the campuses of the Components or in connection with a Component-sponsored activity.

4.32    No student, faculty or staff person may use authority granted by state law, by System rule, or by Component policy to deprive any person of his or her civil rights on a Component campus or in connection with a Component sponsored activity.

4.33    If a violation of this policy is committed on campus and/or in connection with a Component-sponsored activity because of the race, color, or national origin of any person directly harmed by such violation, the violator's discriminatory purpose shall be treated as an aggravating factor for the purpose of determining the appropriate penalty.

4.34    Procedures for Redressing Racial Harassment Complaints of Students, Faculty, Staff or Visitors shall be in accordance with published procedures established by the Components. All complaints shall be considered informal until they are filed in writing. Once a disciplinary penalty is imposed, the accused, whether a student or a faculty member or a staff employee, shall have his/her full right to invoke applicable appeal procedures according to existing Component policies.

4.4 Sexual Harassment.

No employee, student, or contractor of the System or a Component may sexually harass another person and will be subject to disciplinary action for a violation of this policy. 4.41 "Sexual harassment" is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: 1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or academic career; 2) submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting the individual; 3) such conduct has the purpose or effect of unreasonably interfering with an individual's performance or creating an intimidating, hostile, or offensive employment or academic environment.

4.42    In determining whether alleged conduct constitutes sexual harassment, the System or Component shall construe any act or omission within the totality of the circumstances, such as the nature of the sexual advances and the context in which the alleged incidents occurred. Each determination shall be made from the facts on a case-by-case basis.

4.43    The System and each Component may not dismiss a complaint once registered with an appropriate authority until the case has been resolved by the System or Component. However, the System and each Component may take appropriate disciplinary action for any sexual harassment occurring in the employment or academic environment even in the absence of an individual complaint. Disciplinary action may consist of action up to and including termination of employment or, in the case of students, expulsion from a Component or from the System.

4.44    Each Component shall, on an annual basis, send an email to each student, professor, employee, administrator/staff member, containing the full content of the sexual and racial harassment policies along with procedures to address such situations.

4.45    Each Component shall adopt policy statements and procedures prohibiting sexual harassment and requiring prompt and appropriate corrective action for a violation of this policy and the relevant federal and State laws on sexual harassment.

4.46    To the fullest extent practicable, the System and Components shall keep complaints of sexual harassment and the terms of their resolution confidential.

4.47    If disciplinary action is imposed on an individual for engaging in sexual harassment, the individual may invoke the applicable due process or appeal procedures of the System and Components. The relief provided by the System or Component to a complainant does not depend on any resolution of the complaint or disciplinary action against the accused individual.

4.5 Carrying of Handguns by License Holders.

An individual possessing a valid License to Carry is entitled to carry a concealed handgun on the campus of a System Component, except where prohibited by the Component’s Concealed Handgun Policy. Open carry is not permitted on campus. Each President shall establish such policy, which shall not generally prohibit or have the effect of generally prohibiting license holders from carrying concealed handguns on the campus.

4.51    Not later than the 90th day following the date that a Component’s Concealed Handgun Policy is established or amended, the Board of Regents shall review, and may amend, in whole or in part, by a vote of not less than two-thirds of the Board.

4.52    A Component’s Concealed Handgun Policy shall be widely distributed to its students, staff, and faculty, including by prominently publishing its provisions on the Component’s website.

4.53    Not later than September 1 of each even-numbered year, each Component Institution shall submit a report to the Texas Legislature and to the standing committees of the Legislature with jurisdiction over the implementation and continuation of Texas Government Code 411.2031 that:

(1) Describes its Concealed Handgun Policy’s provisions regarding the carrying of concealed handguns on the campus or campuses of the Institution; and

(2) Explains the reasons the Institution has established those provisions.

4.54    Such report shall be provided to the Chancellor and Board of Regents not later than August 1 of each even-numbered year.

4.6 Prohibition of Other Weapons.

Except as provided in a System Component’s Concealed Handgun Policy and in Subparagraph 4.61 below, it is a violation of these Rules and Regulations to possess, carry or otherwise cause a firearm or other prohibited weapon, licensed or otherwise, concealed or otherwise, to be brought onto the premises of a System Component.

4.61    “Premises of a System Component” as used in this Subparagraph means a structure and the land (including parking lots, garages, or other appurtenances, on which the structure is situated) over which this Board has ownership or control. This prohibition extends to leased, borrowed or other facilities where a System or Component function, event, or activity takes or is taking place but does not apply to:

4.611    Presidentially–approved academic or other programs (for example, ROTC or administrator residences, wildlife management programs, or Component sponsored or approved events);

4.612     Law enforcement personnel, acting in performance of their duties;

4.613     The transporting of such firearms, handguns, or other prohibited weapons for registration with and storage by the Component public safety office; or the President’s home and grounds;

4.614    Permitted tracts of the Christmas Mountains area with a special access permit as outlined in the System Christmas Mountains Ranch Policy; or,

4.615    Transportation of a firearm or ammunition in a locked, privately-owned or leased motor vehicle by a person, including a student enrolled at the Component, who holds a license to carry a handgun under Texas Government Code, Chapter 411, subchapter H, and lawfully possesses the firearm or ammunition: a) on a street or driveway located on the campus of the Component; or b) in a parking lot, parking garage, or other parking area located on the campus.

4.62    “Prohibited Weapons” as defined by Texas Penal Code, section 46.01, includes the following:

4.621    “Club” meaning and instrument (for example, a blackjack, nightstick, mace, numbchuck or tomahawk) that is specifically designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person;

4.622    “Explosive weapon,” meaning any explosive or incendiary bomb, grenade, rocket, or mine that is designed, made, or adapted for the purpose of inflicting serious bodily injury or death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror (whether such a weapon is designed, made, or adapted for delivery or shooting);

4.623    “Firearm,” meaning any device designed, made, adapted, or readily adaptable to expel a projectile through a barrel by using the energy generated by an explosion or burning substance (excluded are antique or curio firearms manufactured before 1899 or replicas thereof, provided they do not use rim fire or center fire ammunition), including, but not necessarily limited to handguns, machine guns, rifles, “zip guns,” stun guns, and “shortbarrel firearms”;

4.624    “Knife,” meaning any bladed, hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument;

4.625    “Location-restricted knife,” meaning a knife with a blade over five and one-half inches.

4.626    “Knuckles,” meaning any instrument that consists of finger rings or guards made of a hard substance and that is designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with a fist enclosed in the knuckles.

4.627  “Hoax bomb,” meaning a device that: a) reasonably appears to be an explosive or incendiary device; or, b) by its design causes alarm or reaction of any type by policy, public safety, or other administrators at a System Component, who are charged with assuring campus safety;

4.628    “Chemical dispensing device,” meaning a device (other than a chemical dispenser sold commercially for personal protection) that is designed, made, or adapted for the purpose of dispensing a substance capable of causing adverse psychological or physiological effect on a human being.

4.7 Registered Sex Offenders.

Students, faculty or other employees subject to registry requirements of the Sex Offender Registration and Notification Act, 42 U.S.C. Chapter 151, Part A, Subchapter I and/or the requirements of Texas Code of Criminal Procedure Chapter 62 must comply with the following:

4.71   Registered sex offenders shall promptly notify campus police/security of their employment or enrollment as required by the laws referenced in Subparagraph 4.6 above.

4.72   Residing in university housing is a privilege and not an entitlement. Registered sex offenders are not eligible to live in university housing.