Campus Carry

Contents:

1. Title
2. Policy
3. III. Definitions
4. Relevant Federal and State Statutes
5. Relevant UT System Policies, Procedures and Forms
6. Who Should Know
7. UT Permian Basin Officer(s) Responsible for Policy
8. Dates Approved or Amended
9. Contact Information

I. Title

Prohibited Weapons

II. Policy

1. Prohibition of Weapons: Except as authorized pursuant to this policy, the use, possession, display or storage of any weapons, simulated weapons, explosives or fireworks on the University campus is prohibited. Individuals who observe a weapon being displayed are required to report the incident immediately to The University of Texas Permian Basin Police Department so it can be documented and properly investigated. UTPB Police can be contacted at (432) 552-2911 and (432) 552-2786 for non-emergencies. UTPB Police will refer potential violations of this policy to the Office of Human Resources or the Student Conduct professional as applicable.
2. Exceptions:
   1. Licensed peace officers may carry authorized weapons on the campus.
   2. Pursuant to Subchapter H, Chapter 411 of the Texas Government Code, individuals licensed by the state to carry a concealed handgun (License Holder) may carry a concealed handgun in approved areas on the University Campus Beginning August 1, 2016. The following restrictions will apply:
      1. This exceptions applies only to handguns; therefore, rifles and other weapons are prohibited on the University Campus with the exception of weapons permitted under Section B. 1.
      2. The University will not provide storage for handguns on the University Campus.
      3. License Holders who reside in University housing areas which are not exclusion zones must safely secure or store their firearms to prevent tampering or theft as required by the University police Department.
   3. Exclusion Zones are set forth the in Appendix A. Subchapter H, Chapter 411 of the Texas Government Code gives the presidents of public universities the ability to designate gun-free zones on their campuses. The University has identified exclusion zones based on applicable laws and regulations, the general constituency of the campus population in those areas, safety considerations and any unique and material characteristics of those areas. The Texas Government Code 411.2031(d-1) and the Texas Penal Code 30.06 require notice to be give regarding areas where license holders may not carry concealed guns. Signage will be provided for these areas, using the required wording and format.
3. Training and Awareness
   1. In order to improve general campus safety regarding weapons on campus, the University will:
      1. Provide educational materials for students, faculty and staff regarding active shooter situations.
      2. Post in a number of prominent locations a concise compilation of campus-carry information and FAQs.
      3. Promote awareness of available mental health assistance through websites and other types of publicity.
4. Violations and Penalties
   1. Reports of faculty or staff violating this policy will be investigated by the Office of Human Resources and individuals will be subject to discipline under the University's Human Resources policies and procedures which may include disciplinary actions up to and including termination of employment for employees.
   2. Reports of students violating this policy will be investigated by a University Student Conduct professional and individuals will be subject to discipline under the Student Conduct policy which may include disciplinary actions up to and including expulsion.
   3. Suspected violations of law will be reported to the UTPB Police Department or other law enforcement agencies and may result in criminal penalties. A license holder is bound by state and federal law and may face criminal or civil penalties for violation of those statutes.
   4. Violations include, but are not limited to:
      1. Carrying any weapon on the University campus, unless specifically permitted state or federal law or this policy.
      2. In compliance with Texas Penal code 46.035(a-1), a license holder may not carry a partially or wholly visible handgun on the University campus. Handguns must be carried on or about the person. Handguns must be in holsters that completely cover the trigger guard area and that can withstand any movement from jostling, falling, etc.
      3. Causing an intentional, inadvertent or accidental discharge of a firearm that is not justified in the use of force or deadly force.
      4. Using, or threatening to use, a weapon in a threatening or hostile manner.
      5. Taking action which a prudent person would not take in regard to the care or use of the firearm.
   5. Penalties: A person who fails to comply with the rules and the regulations prescribed by the University may be subject to University discipline and may also be in violation of the Texas Penal Code. Alleged violations of the Texas Penal Code will be investigated by UTPB Police Department. Investigations of policy violations and criminal violations may run concurrently or separately. The lack of any finding of criminal activity does not preclude the University from finding a violation of policy. Persons in violation of any lawful order to remove a weapon or to leave the University campus are subject to arrest by UTPB Police Department.

5. Reporting:

   • Not later than September 1st of each even-numbered year, the University shall submit a report to the legislature and appropriate committees that describes all provisions regarding the carrying of concealed handguns on the University campus. The report will contain the rationale for the University's current provisions.

III. Definitions

• Handgun: Any firearm that is designed, made or adapted to be fired with one hand.
• License Holder: An individual in possession of a current license issued or recognized by the State of Texas to carry a concealed handgun.
• Summer Camp: A University sanctioned program with specific objectives designated for high school students or younger and which utilizes facilities that may include housing, dining, classroom, meeting and recreation space.
• University Campus: All land and buildings owned or leased by the University.
• Weapon: Any object or substance designed to inflict a wound, cause injury, or incapacitate, including without limitation to firearms, BB guns, air guns, pellet guns, zip guns, switchblade knives, knives with a blade over five and one-half inches and other illegal knives or clubs prohibited by statute. Chemicals such as mace, tear gas, or oleoresin capsicum, but excluding normally available over-the-counter self-defense repellants. Possession of chemical repellants labeled for police use only or for law enforcement use only are restricted to law enforcement.

IV. Relevant Federal and State Statutes

• Texas Government Code Chapter 411 4
• Texas Penal Code Chapter 46

V. Relevant UT System and Institutional Policies, Procedure and Form

• HOP, Part 5, Section 1 - Student Conduct Code
• HOP, Part 3, Section19 - Discipline and Dismissal of Classified Employees
• Campus Carry FAQs
• The University of Texas Permian Basin Police Department Policy and Procedure (pending)

VI. Who Should Know

All member of the campus community, including students, staff, faculty, visitors, contractors, prospective students, and the parent of students and prospective students.

VII. UTPB Officer(s) Responsible for Policy

• President
• Provost and Vice President for Academic Affairs
• Vice President for Business Affairs
• Senior Associate Vice President for Student Services

VIII. Dates Approved or Amended

Pending

IX. Contact Information

All questions regarding this policy should be directed to the Senior Associate Vice President for Student Services. 5

X. APPENDIX A

Areas of the UTPB campus where carrying a concealed handgun is prohibited include the following exclusion zones:

1. Locations providing counseling services, which includes the Counseling Center in the Founders' Building.
2. Locations providing childcare for minor children, which includes the Child Care Center located in the Student Activity Center.
3. Locations providing education for K-12, which includes STEM Academy and Early College High School.
4. Locations primarily used for NCAA, UIL or other ticketed sporting events.
5. Locations administering contracted testing, which includes the Student Testing and Accommodation Center.
6. University housing in rooms that are shared by two or more persons.
7. Locations used for camps and programs for minors, which includes University housing when used for summer camps.
8. Research labs where highly toxic and volatile chemicals are present.
9. On a case-by-case basis, any location, or specific time period the University President determines creates a unique situation that poses a threat to the safety of the campus community.