Student Clubs & Organizations Risk Management Module The University of Texas at El Paso Student Development Center

INFLUENCE TRUST LEADERSHIP

Cycle Process Congratulations on your election or selection to serve in a leadership role with a UTEP student club or organization. The role you play not only with the members of your organization, but with the entire UTEP community will be very influential. The Student Development Center (SDC) is committed to assisting you every step of the way so that you can achieve your goals as an organization. A critical part of your role as a leader/advisor is your understanding the guidelines, rules and policies that can be found in the Regents Rules and Regulations, Handbook of Operating Procedures (HOPS) and the Texas Penal Code as they relate to risk management and your club or organization. Student organizations are expected to comply with all University rules and regulations and to conduct all activities within the spirit and mission of the University and the Student Development Center ( The SDC is committed to your SUCCESS and are available to answer any questions that may arise as a result of participating in this Risk Management Compliance Module. It is our expectation that you know and understand the following rules, policies and procedures.

Alcohol The University enforces all state and federal laws and regulations which regulate and control the sale or use of alcohol on campus, including those pertaining to the possession of alcohol by minors. University regulations prohibit the possession and/or consumption of alcoholic beverages on University property without prior written authorization by appropriate administrative officials and are strictly enforced. All requests for consumption of alcohol at a student event/activity must be submitted initially to the Director of the Student Development Center. Customers of legal age under State law may purchase and consume alcoholic beverages in areas on the campus specifically designated for the public sale and consumption of beer and wine, and residents of University Housing are authorized to possess and consume beer and wine in the privacy of their living quarters, if they are of legal age under State law. Student Clubs/organizations in violation of these policies will be subject to University discipline in addition to possible criminal prosecution by civil authorities. Handbook of Operating Procedures Sale or Use of Alcoholic Beverages

Illegal Drugs The University enforces all state and federal laws that prohibit the possession or sale of illegal drugs or drug paraphernalia and complies with the Drug Free Schools and Communities Act of Any student who is guilty of the illegal use, possession and/or sale of a drug or narcotic, including any amount of marijuana, on the campus is subject to University discipline in addition to possible criminal prosecution by civil authorities. If a student is found guilty of the illegal use, possession, and/or sale of a drug or narcotic on campus, the minimum disciplinary penalty shall be suspension from enrollment or attendance for a specified period of time and/or suspension of rights and privileges for a specified period of time. Handbook of Operating Procedures Sale or Use of Illegal Drugs and Narcotics

RECRUITMENT OF MEMBERS As an active Officer and/or Advisor of a Student Club or Organization, you will be responsible for the recruitment and selection of new members. The SDC can provide numerous tips and ideas for the recruitment of members/volunteers and we encourage you to utilize these resources. We want to remind you however, that HAZING is strictly prohibited. The University regards any form of hazing as a major violation. Any individual and/or any registered student organization participating or involved in hazing activities will be prosecuted. As a leader, your reputation is your most valuable asset! Jonathan Sprinkles

HAZING – THE LAW Hazing is expressly prohibited by state law, Regents’ Rules and Regulations, and University regulation. Hazing with or without the consent of a student whether on or off campus is prohibited, and a violation renders the person inflicting the hazing, the organization with which the offenders are affiliated, and the person submitting to the hazing subject to discipline. Under state law, individuals or organizations engaging in hazing may be charged with a criminal offense and subject to fines and imprisonment.

According to the law, a person can commit a hazing offense not only by engaging in a hazing activity, but also by soliciting, directing, encouraging, aiding or attempting to aid another in hazing; by intentionally, knowingly or recklessly allowing hazing to occur; or by failing to report first-hand knowledge in writing to the Dean of Students that a hazing incident is planned or has occurred. The fact that a person consented to or acquiesced in a hazing activity is not a defense to prosecution for hazing under this law.

The law defines hazing as any intentional, knowing, or reckless act, occurring on or off the campus of an educational institution, by one person alone or acting with others, directed against a student, that endangers the mental or physical health or safety of a student for the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in any organization whose members are or include students at an educational institution. Hazing includes, but is not limited to: –any type of physical brutality, such as whipping, beating, striking, branding, electronic shocking, placing of a harmful substance on the body, or similar activity; –any type of physical activity, such as sleep deprivation, exposure to the elements, confinement in a small space, calisthenics, or other activity that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student, or sexual contact that is unwelcome or inappropriate;

–any activity involving consumption of food, liquid, alcoholic beverage, liquor, drug, or other substance which subjects the student to an unreasonable risk of harm or which adversely affects the mental or physical health of the student; –any activity that intimidates or threatens the student with ostracism, that subjects the student to extreme mental stress, shame, or humiliation; or that adversely affects the mental health or dignity of the student or discourages the student from entering or remaining registered in an educational institution; or that may reasonably be expected to cause a student to leave the organization or the institution rather than submit to acts described in this section; –any activity that induces, causes, or requires the student to perform a duty or task that involves a violation of the Texas Education Code. Chapters &

In an effort to encourage reporting of hazing incidents, the law grants immunity from civil or criminal liability to any person who reports a specific hazing event to the Dean of Students, and immunizes that person from participation in any judicial proceeding resulting from that report. The penalty for failure to report is a fine of up to $1,000, up to 180 days in jail, or both. Penalties for other hazing offenses vary according to the severity of the injury that results, and range from $500 to $10,000 in fines and up to two years confinement in prison. REPORT HAZING INCIDENTS TO: The Office of Student Life Union West 102 (915)

General Safety Firearms/ Weapons : State law concerning the licensed carrying of concealed weapons does not apply to the University campus. It is a FELONY VIOLATION of State law to carry, or possess a weapon at any school or educational institution, regardless of whether the person is licensed to carry a conceal weapon. The possession of a firearm, illegal knife, or prohibited weapon on the grounds of an educational institution is a third-degree felony in Texas. You should never bring weapons onto campus, and you should always follow safety protocols if you see an armed individual. The following weapons are prohibited:safety protocols if you see an armed individual  In addition to state law, The University of Texas institutional rules prohibit the possession, display, or use of facsimile/fake firearms on the campus without the written permission of the Dean of Students Office.

Continued Type of illegal weapons to include but not limited to; –Handgun,Knife With a blade over five and one half inches, Hand instrument designed to cut or stab another by being thrown; Dagger Bowie knife Firearms Explosive weapons Machine guns Short-barreled firearms Firearm silencer Switchblade knifes Knuckles Armor-piercing ammunition Chemical dispensing devices Zip gun Club or night stick, Illegal knives Sword or spear Knuckles

Alcohol & Drugs Section II, Chapter I, Subsection 1.6 of the Handbook of Operating VI, Part One of the Rules and Regulations of the Board Procedures and Subsection 3.21 of Chapter of Regents of the University Texas System: Provides disciplinary action against any student who engages in conduct that is prohibited by state, federal and local law : It Includes the following: –The use, possession, or distribution of drugs and alcohol

Penalties Under State and Federal Law Criminal Penalties: A Class C misdemeanor is punishable by a fine not to exceed $500. A Class B misdemeanor is punishable by a fine not to exceed $2000; confinement in jail for a term not to exceed 180 days; or both fine and confinement. A Class A misdemeanor is punishable by a fine not to exceed $4000; confinement in jail for a term not to exceed one year; or both fine and confinement. A state jail felony is punishable by confinement in a state jail for any term of not more than 2 years or less than 180 days and by a fine not to exceed $10,000. A 3rd degree felony is punishable by imprisonment for any term of not more than 10 years or less than 2 years and a fine not to exceed $10,000. A 2nd degree felony is punishable by imprisonment for any term of not more than 20 years of less than 2 years and a fine not to exceed $10,000. A 1st degree felony is punishable by imprisonment for life or for any term of not more than 99 years or less than 5 years and a fine not to exceed $10,000

Manufacture or Delivery of Controlled Substances These offenses are set out in Sections , , , and , Texas Health and Safety Code, which vary the offense and punishment based upon two factors: the type of drug (which schedule it is listed under) and the quantity of the drug involved in the offense. Section , Texas Health and Safety Code, contains long lists of drugs that are in schedules 1, 1-A, 2, 3, 4, and 5. Additional controlled substances are added to these schedules each year. Section , Texas Health and Safety Code, deals with Penalty Group 1 drug offenses: less than 1 gram is a state jail felony; more than 1 gram and less than 4 grams is a 2nd degree felony; more than 4 grams and less than 200 grams is a 1st degree felony; more than 200 grams and less than 400 grams is life imprisonment or a term of 10 to 99 years and up to a $100,000 fine; more than 400 grams is life imprisonment or a term of 10 to 99 years and up to a $250,000 fine.

Continued Section , Texas Health and Safety Code, deals with Penalty Group 1-A drug offenses: number of abuse units less than 20 is a state jail felony; number of abuse units more than 20 and less than 80 is a 2nd degree felony; number of abuse units more than 80 and less than 4000 is a 1st degree felony; more than 4000 units is life imprisonment or a term of 15 to 99 years and up to a $250,000 fine. Section , Texas Health and Safety Code, deals with Penalty Group 2 drug offenses: less than 1 gram is a state jail felony; more than 1 gram and less than 4 grams is a 2nd degree felony; more than 4 grams and less than 400 grams is a 1st degree felony; and more than 400 grams is life imprisonment or a term of 10 to 99 years and up to a $100,000 fine. Section , Texas Health and Safety Code, deals with Penalty Group 3 and 4 drug offenses: less than 28 grams is a state jail felony; more than 28 grams and less than 200 grams is a 2nd degree felony; more than 200 grams and less than 400 grams is a 1st degree felony; and more than 400 grams is life imprisonment or a term of 10 to 99 years and up to a $100,000 fine

Possession of a Controlled Substances These offenses are set out in Sections , , , and , Texas Health and Safety Code, which vary the offense and punishment based upon two factors: the type of drug (which schedule it is listed under) and the quantity of the drug involved in the offense. Section , Texas Health and Safety Code, contains long lists of drugs that are in schedules 1, 1-A, 2, 3, 4, and 5. Additional controlled substances are added to these schedules each year.

Section , Texas Health and Safety Code, deals with Penalty Group 1 drug offenses: less than 1 gram is a state jail felony; more than 1 gram and less than 4 grams is a 3rd degree felony; more than 4 grams and less than 200 grams is a 2nd degree felony; more than 200 grams and less than 400 grams is a 1st degree felony; more than 400 grams is life imprisonment or a term of 10 to 99 years and up to a $100,000 fine. Section , Texas Health and Safety Code, deals with Penalty Group 1-A drug offenses: number of abuse units less than 20 is a state jail felony; number of abuse units more than 20 and less than 80 is a 3rd degree felony; number of abuse units more than 80 and less than 4000 is a 2nd degree felony; more than 4000 units and less than 8000 units is a 1st degree felony; and more than 8000 units is life imprisonment or a term of 15 to 99 years and up to a $250,000 fine

Section , Texas Health and Safety Code, deals with Penalty Group 2 drug offenses: less than 1 gram is a state jail felony; more than 1 gram and less than 4 grams is a 3rd degree felony; more than 4 grams and less than 400 grams is a 2nd degree felony; and more than 400 grams is life imprisonment or a term of 5 to 99 years and up to a $50,000 fine. Section , Texas Health and Safety Code, deals with Penalty Group 3 drug offenses: less than 28 grams is a Class A misdemeanor; more than 28 grams and less than 200 grams is a 3rd degree felony; more than 200 grams and less than 400 grams is a 2nd degree felony; and more than 400 grams is life imprisonment or a term of 5 to 99 years and up to a $50,000 fine. Section , Texas Health and Safety Code, deals with Penalty Group 4 drug offenses: less than 28 grams is a Class B misdemeanor; more than 28 grams and less than 200 grams is a 3rd degree felony; more than 200 grams and less than 400 grams is a 2nd degree felony; more than 400 grams is life imprisonment or a term of 5 to 99 years and up to a $50,000 fine

Delivery of Marijuana Section , Texas Health and Safety Code, deals with delivery of marijuana offenses: less than one quarter ounce is a Class B misdemeanor if delivery is without compensation; less than one quarter ounce is a Class A misdemeanor if delivery is for compensation; more than one quarter ounce and less than five pounds is a state jail felony; more than five pounds and less than 50 pounds is a 2nd degree felony; more than 50 pounds and less than 2000 pounds is a 1st degree felony; and more than 2000 pounds is life imprisonment or a term of 10 to 99 years and a fine not to exceed $100,000

Possession of Marijuana Section , Texas Health and Safety Code, deals with possession of marijuana offenses: less than 2 oz. is a Class B misdemeanor; more than 2 oz. and less than 4 oz. is a Class A misdemeanor; more than 4 oz. and less than five pounds is a state jail felony; more than five pounds and less than 50 pounds is a 3rd degree felony; more than 50 pounds and less than 2000 pounds is a 2nd degree felony; and more than 2000 pounds is life imprisonment or a term of 5 to 99 years and a fine not to exceed $50,000.

Delivery of Controlled Substance or Marijuana to Minor Section , Texas Health and Safety Code, deals with the offense of the delivery of a controlled substance or marijuana to a minor (17 years of age or younger) and provides that the offense is a 2nd degree felony punishable by imprisonment for a term of not more than 20 years or less than 2 years and a fine not to exceed $10,000.

Driving While Intoxicated (drugs or alcohol) Sections 49.04, 49.09, Texas Penal Code, provide that the offense of driving while intoxicated is punishable as a Class B misdemeanor with a minimum term of confinement of 72 hours unless the driver had an open container of alcohol in his possession in which case the offense is a Class B misdemeanor with a minimum term of confinement of six days in jail. One prior conviction enhances the punishment to a Class A misdemeanor with a minimum term of confinement of 30 days; two prior convictions enhances the punishment to a 3rd degree felony.

Purchase of Alcohol by a Minor Sections , ,and , Texas Alcoholic Beverage Code, provide that the offense of the purchase of alcohol by a minor is punishable as a Class C misdemeanor and attendance at an alcohol awareness program, and when the person has been previously convicted twice for an alcohol-related offense by a minor, the punishment is a fine of not less than $250 or more than $2000; confinement in jail for a term not to exceed 180 days; or both the fine and confinement; community service of 8 to 40 hours; suspension of Texas Driver's License or permit for 30 to 180 days and attendance at an alcohol awareness program

Consumption or Possession of Alcohol in Motor Vehicle Section 49.03, Texas Penal Code, provides that the penalty for the offense of consumption of an alcoholic beverage while operating a motor vehicle in a public place is a Class C misdemeanor. Section 49.02, Texas Penal Code, Public Intoxication: provides that the offense of public intoxication wherein a person appears in a public place while intoxicated to the degree that the person may endanger himself or another person is punishable as a Class C misdemeanor, unless the person is younger than 21 years old, wherein Sections and , Texas Alcoholic Beverage Code apply and provide for a Class C misdemeanor punishment and attendance at an alcohol awareness program, and where the offender has been previously convicted twice for an alcohol-related offense by a minor, the punishment is a fine of not less than $250 or more than $2000; confinement in jail for a term not to exceed 180 days; or both the fine and confinement; community service of 8 to 40 hours; suspension of Texas Driver's License or permit for 30 to 180 days and attendance at an alcohol awareness program

Purchase of Alcohol by a Minor Sections , ,and , Texas Alcoholic Beverage Code, provide that the offense of the purchase of alcohol by a minor is punishable as a Class C misdemeanor and attendance at an alcohol awareness program, and when the person has been previously convicted twice for an alcohol-related offense by a minor, the punishment is a fine of not less than $250 or more than $2000; confinement in jail for a term not to exceed 180 days; or both the fine and confinement; community service of 8 to 40 hours; suspension of Texas Driver's License or permit for 30 to 180 days and attendance at an alcohol awareness program.

Consumption of Alcohol by Minor Sections , , and , Texas Alcoholic Beverage Code, provide that the offense of consumption of alcohol by a minor is punishable as a Class C misdemeanor and attendance at an alcohol awareness program, and where the person has been previously convicted twice for an alcohol-related offense by a minor, the punishment is a fine of not less than $250 or more than $2000; confinement in jail for a term not to exceed 180 days; or both the fine and confinement; community service of 8 to 40 hours; suspension of Texas Driver's License or permit for 30 to 180 days and attendance at an alcohol awareness program.

Possession of Alcohol by Minor Sections , , and , Texas Alcoholic Beverage Code, provide that the possession of alcohol by a minor is punishable as a Class C misdemeanor and attendance at an alcohol awareness program, and where the person has been previously convicted twice for an alcohol-related offense by a minor, the punishment is a fine of not less than $250 or more than $2000; confinement in jail for a term not to exceed 180 days; or both the fine and confinement; community service of 8 to 40 hours; suspension of Texas Driver's License or permit for 30 to 180 days and attendance at an alcohol awareness program

Purchase of Alcohol for a Minor or Furnishing Alcohol to a Minor Section , Texas Alcoholic Beverage Code, provides that the penalty for purchasing alcohol for a minor or giving or making available an alcoholic beverage to a minor is a Class B misdemeanor.

Misrepresentation of Age by a Minor to Person Selling or Serving Alcoholic Beverages Sections , , and , Texas Alcoholic Beverage Code, provide that the penalty for misrepresentation of age by a minor to a person selling or serving alcoholic beverages is punishable as a Class C misdemeanor and attendance at an alcohol awareness program, and where the offender is a minor previously convicted twice for alcohol-related offenses, a fine of not less than $250 or more than $2000; confinement in jail for a term not to exceed 180 days; or both fine and imprisonment; community service of 8 to 40 hours; suspension of Texas Driver's License for 30 to 180 days and attendance at an alcohol awareness program.

Student Travel You or your members may have the opportunity to travel to an event, activity, student conference or meeting. These are fantastic opportunities to learn even more about your organization, meet students from other institutions and network with professionals in your field of interest. In order for your travel experience to be a success, please remember the following:

All UTEP/UT System rules, regulations and policies are applicable regardless of where the group is traveling or an event is held. Advisors are STRONGLY encouraged to be present at all events/activities sponsored by a club/organization, most importantly a student trip. Insurance should be purchased for all off-campus trips and/or activities.

Purchasing Student Insurance Officers and/or Advisors must complete the UTEP Special Events Student Field Trip Insurance Form found on the Student Organization and Advisory Board (SOAB) website: studentaffairs.utep.edu/soab before a student group leaves on a sponsored trip or activity. The cost of insurance is $2.00 per day per student times the number of days he/she will be traveling. Only students currently enrolled with the University are permitted to travel on a student field trip.

Activities and Events Hosted by a Student Club or Organization Student clubs and organizations should plan and facilitate activities and events that promote the goals and mission of the organization. Student organizations, through their activities and actions, are expected to always meet the following responsibilities: respect normal University operations (i.e. class schedules, movement of traffic, etc.); honor and support the rights of its members in their academic pursuits; not deny or interfere with the rights of others (this includes respecting the dignity of the human person and the full compliance with the anti-hazing requirements of the University); refrain from discrimination in membership; represent the purpose and intent of the organization accurately and ethically, be aware of and in full compliance with applicable civil laws and University policies and regulations; and display responsible and ethical actions in all exchanges on and off campus as members of the University community.

Student Activity Request Form A Student Activity Request Form enables recognized student clubs and organizations to plan events on and off campus which includes reserving space, utilizing resources and equipment and opportunities for collaboration. A Student Activities Request Form is key to your organizations success and the Student Development Center is available to assist your personally and/or provide you with an Event Planning & Resource Form. A Student Activities Request Form should be submitted to the Student Development Center (SDC) a minimum of 2 weeks prior to the date of the event or activity.

Officers, members and advisors of the student organization shall be held responsible for the conduct and activities of the organization. In addition to possible disciplinary action taken against an organization under these regulations, members are individually subject to disciplinary action for their actions under the provisions of Section II, Chapter 1 of the Handbook of Operating Procedures (HOPS ) If found in violation of any UTEP/UT System rule or regulations, sanctions could include: Disciplinary probation for and entire student club/organization Community service and outreach Temporary suspension of privileges for a club/organization Non- recognition of club/organization by UTEP Permanent suspension of privileges