(a) No person or group of persons
acting in concert may willfully engage in disruptive activity or disrupt a
lawful assembly on the campus or property of any private or public school or
institution of higher education or public vocational and technical school or
institute.
(b) For the purposes of this
section, disruptive activity means:
(1) Obstructing or restraining
the passage of persons in an exit, entrance, or hallway of any building without
the authorization of the administration of the school;
(2) Seizing control of any
building or portion of a building for the purpose of interfering with any
administrative, educational, research, or other authorized activity;
(3) Preventing or attempting to
prevent by force or violence or the threat of force or violence any lawful
assembly authorized by the school administration;
(4) Disrupting by force or
violence or the threat of force or violence a lawful assembly in progress; or
(5) Obstructing or restraining
the passage of any person at an exit or entrance to said campus or property or
preventing or attempting to prevent by force or violence or by threats thereof
the ingress or egress of any person to or from said property or campus without
the authorization of the administration of the school.
(c) For the purposes of this
section, a lawful assembly is disrupted when any person in attendance is
rendered incapable of participating in the assembly due to the use of force or
violence or due to a reasonable fear that force or violence is likely to occur.
(d) A person who violates any
provision of this section, is guilty of a misdemeanor
and upon conviction is punishable by a fine not to exceed $200.00 or by
confinement in jail for not less than 10 days nor more than 6 months, or both.
(e) Any person who is convicted
the third time of violating this section shall not thereafter be eligible to
attend any school, college or university receiving funds from the State of
Texas for a period of two years from such third conviction.
(f) Nothing herein shall be
construed to infringe upon any right of free speech or expression guaranteed by
the Constitutions of the United States or the State of Texas.
(a) A person commits an offense
if he intentionally or knowingly:
(1) uses
abusive, indecent, profane, or vulgar language in a public place, and the
language by its very utterance tends to incite an immediate breach of the
peace;
(2) makes
an offensive gesture or display in a public place, and the gesture or display
tends to incite an immediate breach of peace;
(3) creates,
by chemical means, a noxious and unreasonable odor in a public place;
(4) abuses
or threatens a person in a public place in an obviously offensive manner;
(5) makes
unreasonable noise in a public place or in or near a private residence that he
has no right to occupy;
(6) fights
with another in a public place;
(7) enters
on the property of another and for a lewd or unlawful purpose looks into a
dwelling on the property through any window or other opening in the dwelling;
(8) while on the premises of a
hotel or comparable establishment, for a lewd or unlawful purpose looks into a
guest room not his own through a window or other opening in the room;
(9) discharges
a firearm in a public place other than a public road;
(10) displays
a firearm or other deadly weapon in a public place in a manner calculated to
alarm;
(11) discharges
a firearm on or across a public road; or
(12) exposes
his anus or genitals in a public place and is reckless about whether another
may be present who will be offended or alarmed by his act.
(b) It is a defense to
prosecution under Subsection (a)(4) of this section
that the actor had significant provocation for his abusive or threatening
conduct.
(c) For purposes of this section,
an act is deemed to occur in a public place or near a private residence if it
produces its offensive or proscribed consequences in the public place or near a
private residence.
(d) An offense under this section
is a Class C misdemeanor unless committed under Subsection (a)(9) or (a)(10) of
this section, in which event it is a Class B misdemeanor; and further provide
that a person who violates Subsection (a)(11) is guilty of a misdemeanor of not
less than $25.00 nor more than $200.00, on a second conviction is punishable by
a fine of not less than $200.00 nor more than $500.00, and on a third or
subsequent conviction is punishable by a fine of $500.00.
5.2 Student
Misconduct. Each student is expected to act in a manner consistent with the
University's functions as an educational institution. Specific examples of
misconduct for which students may be subject to disciplinary action include,
but are not limited to, the following:
(1) Commission
of an act which would constitute an offense under appropriate federal, state,
or municipal law.
(2) Violation
of any Regents' rule, regulation, or order or university policy, rule, or
regulation.
(3) Failure
to comply with the direction of a university official acting in the performance
of his or her duties.
(4) Giving
false testimony or other evidence at a campus disciplinary or other administrative
proceeding.
(5) Failure
to meet financial obligations to the university.
(6) Unauthorized
throwing of any objects in or from university facilities.
(7) Misuse
of fire or other life-safety equipment on university property.
(8) Unauthorized
use or possession of ammunition, firearms, or other illegal weapons on
University property.
(9) Conduct
that significantly endangers the health or safety of other persons, including
members of the university community or of visitors on the campus.
(10) Stealing,
destroying, defacing, damaging, or misuse of University property or property
belonging to another.
(11) Possession
of or making use of university keys for unauthorized purposes.
(12) Engaging
in hazing or voluntarily submitting to hazing.
(13) Using,
without authorization according to the university policy, intoxicating
beverages in a classroom building, laboratory, auditorium, building, or faculty
or administrative office, residence hall or apartment, intercollegiate and
intramural athletic facility, or any other public campus area, or being
intoxicated in any public area of the campus.
(14) Gambling
in any form on university property.
(15) Illegal
possession, use, sale, or distribution of any quantity, whether usable or not,
of any drug, narcotic, or controlled substance.
(16) Advocating
or recommending either orally or in writing, the conscious and deliberate
violation of any federal, state, or local law. Advocacy means addressing an
individual or group for imminent action and steeling it to such action as
opposed to the abstract espousal of the moral propriety of a course of action.
(17) Forgery,
alteration, or misuse of university documents, forms, records, or
identification cards.
(18) Any
attempt to commit these prohibited acts.
(19) An
initiation by an organization which includes any dangerous, harmful, or
degrading act to a student. Violation of this prohibition renders the students
involved and the organization subject to discipline.
(20) Violation
of any rule or regulation governing residential living in university-owned
facilities or breach of a residential living contract.
(21) Unauthorized
possession, ignition, or detonation of any explosive device, fireworks, liquid,
or object which is flammable or which could cause damage by fire or explosion
to persons or property on university property.
(22) Unauthorized
entry into or use of university buildings, facilities, equipment, or resources.
(23) Failure
to heed an official summons to the office of an administrative officer within
the designated time.
(24) Failure
to maintain a current official mailing address in the Registrar's office or
giving a false or fictitious address to such office.
(25) False
alarm or report where the person knowingly initiates, communicates, or
circulates a report of a present, past, or future bombing, fire, offense, or
other emergency that is known is false or baseless and that would ordinarily
cause action by an official or volunteer agency organized to deal with
emergencies; place a person in fear of imminent serious bodily injury; or
prevent or interrupt the occupation of a building, room, or aircraft,
automobile, or other mode of conveyance.
(26) Harassment
where the individual intentionally threatens, in person, by telephone, in
writing, or by other means, to take unlawful action against any person and by
this action intentionally, knowingly, or recklessly annoys or alarms the
recipient or intends to annoy or alarm the recipient.
(27) Issuance
of a check without sufficient funds.
(28) Academic
dishonesty (see Subsection 5.3).
(29) Campus
disruption activities (see Subsection 5.4).
(30) Disorderly
conduct on University-owned or controlled property or at a university-sponsored
or supervised function which inhibits or interferes with the educational responsibility
of the university community or the university's social- educational activities
shall include but not be limited to: using abusive, indecent, profane or vulgar
language; making offensive gestures or displays, which tend to incite a breach
of the peace; perpetrating fights, assaults, abuse, or threats; or evincing
some obviously offensive manner, or committing an act, that causes a person to
feel threatened.
(31) Using
authority granted by state law, by system rule, or by university policy to
deprive any person of his or her civil rights.
(32) Violation
of university policy relating to electronic network facilities such as local
area networks and the internet.