Revised: 07/10/2008

 

Advisors to Student Organizations                                   UPPS No. 01.04.06

                                                                                                Issue No. 2

                                                                                                Effective Date: 9/30/2004

                                                                                                Review: May 1 E4Y

                                                                                                Attachment I

 

 

01.       POLICY STATEMENTS

 

01.01  This policy statement sets forth the relationship that exists between the University and its faculty and staff 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 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 Organization Handbook.

 

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  Chapter 104 of the Civil Practice and Remedies Code provides for state indemnification for university employees for acts or omissions occurring in the scope of their employment. Indemnification for personal injuries is limited to $100,000 for injuries to a single person and $300,000 for a single occurrence. Indemnification for property damage is limited to $10,000 for a single occurrence.

 

03.03  The Civil Practice and Remedies Code also provides that the Attorney General will defend university employees for acts or omissions occurring in the scope of their employment.

 

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 is automatically substituted as the defendant in place of the employee.

 

04.       GENERAL GUIDELINES AND SUGGESTIONS FOR ADVISORS

 

04.01  Attachment I contains general guidelines and suggestions for advisors. The information in the attachment is not mandatory and does not constitute University policy or procedure. Instead, the information is intended to help advisors understand their roles and to assist them in their service to the organizations.

 

05.       PROCEDURE FOR REQUESTING LEGAL ASSISTANCE FROM THE ATTORNEY GENERAL

 

05.01  Although the service of citation is rare, an advisor should notify the University Attorney immediately after service of a citation. The University Attorney 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.

 

06.       REVIEWERS OF THIS UPPS

 

06.01  Reviewers of this UPPS include the following:

 

Position                                                                     Date

       

University Attorney                                                  May 1 E4Y

 

Associate Director, LBJ Student Center              May 1 E4Y

 

07.       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.

 

University Attorney; senior reviewer of this UPPS

 

Special Assistant to the President

 

President