51³Ô¹ÏPro

TO: The Honorable Greg Abbott, Governor of 51³Ô¹ÏPro51³Ô¹ÏProLegislature

FROM: Dr. Kenneth R. Evans, President Lamar University

DATE: November 30, 2020

RE: Compliance with 51³Ô¹ÏProEducation Code § 51.931

In the interest of protecting the expressive activity rights guaranteed by the Constitution of the United States, 51³Ô¹ÏProEducation Code § 51.9315(k) requires 51³Ô¹ÏProto submit a one-time report regarding 51³Ô¹ÏProcompliance with § 51.9315.  To that end, we submit the following information.


51³Ô¹ÏProis a member institution of the 51³Ô¹ÏProState University System (TSUS) and under the organization, control, and management of the TSUS Board of Regents.[1]  The 51³Ô¹ÏProState University System Rules and Regulation specifically address expressive activities on all component university campuses, including Lamar University:

• Chapter VII, Subparagraph 3.1 deems the grounds of all system university components as traditional public fora.[2] 
• Chapter VII, Subparagraph 3.4 permits any group or person to assemble and engage in expressive activities, subject to reasonable time, place, and manner restrictions.[3]
• Chapter VII, Subparagraph 3.3 permits all students, faculty, and staff to invite speakers to speak on campus, subject to reasonable time, place, and manner restrictions.[4]
• Chapter V, Subparagraph 2.133 provides for the dismissal of any employee, including a member of the faculty, who obstructs or disrupts any activity authorized to be held on a component university campus.[5]
• Chapter VI, Subparagraphs 5.41(3), 5.6, and 6.45 establish the System’s prohibition against, and disciplinary procedures for, interference with the expressive activity rights of others by students or student organizations.  

The above 51³Ô¹ÏProState University System Rules and Regulations are posted on the System’s website and the Lamar University’s Speech and Assembly policy’s website.

51³Ô¹ÏProspecific procedures are also available on the University’s website at /students/student-affairs-strategic-initiatives/conduct-and-care-services/policies/speech-and-assembly.html. Any applicable time, place, and manner restrictions therein comply with the specific requirements of § 51.9315(d) because they:

1. are narrowly tailored to serve a significant institutional interest;
2. employ clear, published, content-neutral, and viewpoint-neutral criteria;
3. provide for ample alternative means of expression; and
4. allow members of the University community to assemble and distribute written material without permit or other permission from the University.

51³Ô¹ÏProreviews its policies on an on-going basis and will continue to modify applicable policies as necessary to ensure continued compliance with the requirements of §51.9315, 51³Ô¹ÏProEducation Code.  51³Ô¹ÏProhas updated its policy detailing students’ rights and responsibilities regarding expressive activities and such is posted on Lamar University’s Student Handbook at /students/student-affairs-strategic-initiatives/about/student-handbook.html and Code of Student Conduct at /students/student-affairs-strategic-initiatives/about/code-of-conduct.html. The policy has been or will be made available to students during freshman and transfer student orientations and included in 51³Ô¹ÏProstudent handbook. The policy is also included in 51³Ô¹ÏPropersonnel handbook at /faculty-staff/human-resources/policy-manual/hr-manual-sec2-1.html and faculty handbook at /faculty-staff/_files/documents/academic-affairs/faculty-handbook-jan-2019-uploaded-031020.pdf#page=140.   

 
51³Ô¹ÏProhas developed procedures to train employees responsible for educating or disciplining students to ensure they understand the requirements of § 51.9315, 51³Ô¹ÏProEducation Code and Lamar University’s internal policies.

 

[1] This report is available online at /about-lu/mission-and-accreditation/institutional-report-texas-education-code-51.9315.html.
[2] Tex. Educ. Code § 96.61; see also § 95.01.
[3] See § 51.9315(c)(1).
[4] See §§ 51.9315(c)(2), (d), and (f)(1)(A). 
[5] See § 51.9315(f)(1)(B)
[6] See § 51.9315(f)(2); see also TSUS Rules and Regulations Chapter V, Subparagraph 4.51(7).