Legal Resources for Advisors to Student UPPS No. 01.04.06

Organizations Issue No. 3

Effective Date: 10/14/2013

Review: May 1 E4Y

 

 

01. POLICY STATEMENTS

 

01.01 This policy sets forth the relationship that exists between Texas State University and its faculty and regular staff employee advisors when they provide service to registered and chartered student organizations.

 

01.02 Registered and chartered student organizations must have a faculty or staff advisor who is employed by the university at least one-half time.

 

02. DEFINITION

 

02.01 In this UPPS, "advisor" means any faculty member or regular staff employee who is employed by the university and is the designated advisor for a registered or chartered student organization. For definitions of "registered" or "chartered," refer to the Student Organizational Policy.

 

03. SUMMARY OF APPLICABLE LAW

 

03.01 Advisors serve in an official capacity and within the scope of their employment by providing services to the university when they provide services to registered and chartered student organizations.

 

03.02 Texas Civil Practice and Remedies Code 104.003 limits the amount of recoverable damages for state liability to $100,000 to a single person indemnified and, if more than one person is indemnified, $300,000 for a single occurrence in the case of personal injury, death, or deprivation of a right, privilege, or immunity and $10,000 for each single occurrence of damage to property.

 

03.03 Texas Civil Practice and Remedies Code 104.004 provides the attorney general shall defend an employee of a state institution in a cause of action covered by Chapter 104 of the Texas Civil Practice and Remedies Code.

 

03.04 Texas Civil Practice and Remedies Code 101.106 provides a means for employees who are sued for some actions arising from within the general scope of their employment to have the suit against them dismissed. In such cases the university may automatically be substituted as the defendant in place of the employee.

04. PROCEDURE FOR REQUESTING LEGAL ASSISTANCE FROM THE ATTORNEY GENERAL

 

04.01 Although the service of citation is rare, an advisor should notify the Texas State University System (TSUS) associate general counsel immediately after service of a citation. The TSUS associate general counsel will help the advisor submit the matter to the attorney general. The attorney general will defend an advisor in a cause of action covered by law if the advisor delivers to the attorney general any citation no later than ten days after the service.

 

05. REVIEWERS OF THIS UPPS

 

05.01 Reviewers of this UPPS include the following:

 

Position Date

 

Associate Vice President for Student May 1 E4Y

Affairs and Dean of Students

 

Associate Director, LBJ Student Center May 1 E4Y

 

Associate General Counsel May 1 E4Y

 

06. CERTIFICATION STATEMENT

 

This UPPS has been approved by the following individuals in their official capacities and represents Texas State policy and procedure from the date of this document until superseded.

 

Associate Vice President for Student Affairs and Dean of Students, senior reviewer of this UPPS

 

Vice President for Student Affairs

 

President