Policies
ANNUAL SECURITY AND FIRE SAFETY REPORT
In compliance with the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act or Clery Act, an Annual Security and Fire Safety Report is published and distributed to the campus community by October 1st every year. The report contains critical information you should familiarize yourself with about campus safety and security. Described in detail is the University Police Department; law enforcement arrest authority; crime reporting policies, procedures, and responses; working relationships with state and local police; encouragement of prompt reporting of crimes; building access and control procedures. Additionally, there is information concerning drug and alcohol abuse prevention and sexual assault awareness and safety planning information.
The Annual Security and Fire Safety Report contains data about crime statistics for the three previous calendar years detailing Clery reportable crimes that occurred on property owned or controlled by the University and on public property or property immediately adjacent to and accessible from the campuses.
This information is or a hard copy will be provided upon request to the Police Department or the Office of the Dean of Students.
During emergency situations, the University Police Department can be reached at 956-882-4911. For non-emergencies, the police can be reached at 956-882-7777. All crimes reported to the UTRGV Police Department are compiled by the UTRGV Clery Compliance Coordinator and can be viewed on the daily crime log.
Any law enforcement information provided by state law enforcement agencies concerning registered sex offenders may be obtained from the University Police Department at 956-882-7777.
The UTRGV Department of Environmental Health, Safety, and Risk Management (EHSRM) is charged with oversight of the Fire Safety Program which ensures compliance with National Fire Protection Association (NFPA) mandates and Best Management Practices associated with fire and facilities safety in an institutional environment. All faculty, staff and students are required to comply with these specific mandates. In accordance with the HEOA, UTRGV publishes an Annual Fire Safety Report (included with the Annual Security Report), which outlines key information relating to the fire safety related systems associated with UTRGV campus housing. Included in the report is a description of the fire safety system for each on-campus student housing facility, the number of fire drills held the previous year, UTRGV’s policies or rules on portable electrical appliances, smoking, and open flames, procedures for student housing evacuation, policies for fire safety education and training programs, reporting mechanisms in the event of a fire, and plans for future improvements in fire safety. Also included in this report are Fire Safety Statistics, which outline the number of fires and the cause of each fire, the number of injuries or deaths, and the value of any property damage. In addition to the Annual Fire Safety Report, a Fire Log is maintained by the Clery Compliance Coordinator in conjunction with EHSRM, which lists any fires that occurred in an on-campus housing facility. For each fire, information regarding the location of the fire, the nature of the fire, the date the fire occurred, and the time of day the fire occurred is included.
A hard copy of the latest Annual Security and Fire Safety Report, Crime, and Fire Logs are available at the following University Police locations:
Edinburg Campus Police Station
Academic Support Facility
501 N. Sugar Road Edinburg, TX 78539
Harlingen, Texas 78550
2102 Treasure Hills Blvd.
Harlingen Campus Police Station
Brownsville, TX 78520
2671 FJRM Ave.
Brownsville Campus Police Station
In addition, a copy of the report can be accessed at the University Police
website.
COPYRIGHTED MATERIAL
Using peer-to-peer (P2P) file-sharing applications to illegally share copyrighted music and movies is the number one-way students violate federal copyright law. Students, faculty, and staff are all obligated to comply with federal law and university policy regarding appropriate use of information technology and avoiding copyright infringement.
Bandwidth
The university enforces network policies regarding bandwidth usage and limits, including the blocking of network traffic to peer-to-peer applications/sites. Under some circumstances, the university may activate monitoring tools designed to detect abnormal or potentially infringing traffic in order to determine its appropriateness and, if necessary, initiate disciplinary procedures.
Copyright Complaints and Legal Content Alternatives
If you copy and distribute copyrighted material without legal permission, you may be found liable for civil or criminal copyright infringement. Civil penalties for Federal Copyright infringement range from $750 per song to $150,000 in damages for each willful act. Criminal penalties can run up to five years in prison and $250,000 in fines.
The university cannot protect you from a copyright complaint. The university may also be required by law to disclose information about you to a complainant for use in pursuing legal action against you. The process for handling DMCA notices received by the university is outlined in the Digital Millennium Copyright Act (DMCA) policy. If a complaint is received, the user of the device will be blocked from accessing the network until the issue is resolved through the Dean of Students. The penalties for violation of copyright law can range from university sanctions to civil and criminal prosecution.
You are not protected from financial penalty just because you received material at no cost or are distributing material with no charge. Your only protection is to not possess or distribute any unlicensed copyrighted material. There are many Web sites that provide legal online music, movies, and other content. Refer to the Keep It Legal page for a list of services that comply with the
Peer-to-peer Software
Peer-to-peer (P2P) applications such as BitTorrent, BearShare, Limewire, Morpheus, iMesh and KaZaA make it easy for you to share files, and there are legitimate uses for this class of software. However, please keep the following guidelines in mind.
Network Bandwidth
Most P2P applications are configured so other users can access your hard drive and share your files all the time. This constant file transfer can degrade your computer’s performance and generate heavy traffic loads on the university network. The university’s network bandwidth consumption is monitored and blocked for P2P applications without prior approval if your usage impacts the overall performance of the network, your computer may be blocked. If you use a P2P application to share content legally, you should know how to control or disable the application.
Privacy
If you are running a P2P application, you may be inadvertently sharing personal information, such as e-mail messages or credit card information. You need to make sure you know which files and data the application is sharing. You should know how to control or disable your P2P application to ensure that you are not inadvertently sharing personal information.
Security
Viruses are easily spread using P2P applications. Many P2P applications include “malware” in the download, so you may be unintentionally infecting your computer. To protect your computer, keep your anti-virus program up-to-date and only install programs acquired from reputable sources. You can download anti-virus software on the UTRGV Downloads site.
Resource Use
Some P2P applications use your computer as a computational or storage resource for another organization’s use. This may not be an acceptable use of state-owned resources such as the university network or university-owned computers. Do not permit any such use of your system without the consent of the university. For assistance, please contact the Information Security Office at ciso@utrgv.edu.
University Policy and Assistance
By running a P2P application, you may be consuming excessive network bandwidth and/or violating copyright law, both of which are violations of the university’s rules for acceptable use of information technology. You may also be sharing confidential information and/or making your computer insecure.
If you have questions about P2P applications, please call the IT Help Desk at 956-665-2020 or 956-882-2020.
DRUG AND ALCOHOL POLICY
The University of Texas Rio Grande Valley is a drug-free school and complies with the Drug Free Workplace Act of 1990. The Drug Free School and Communities Act of 1989 requires institutions of higher education to adopt and implement programs to prevent the unlawful possession, use, or distribution of illicit drugs and alcohol. Information concerning these programs must be distributed to students annually. For information regarding these policies please refer to the following: Drug Free School and Communities Act provided by the Dean of Students.
UTRGV is committed to maintaining a safe and healthy environment for the campus community. Alcohol and other drugs should not interfere with the university’s educational mission. All UTRGV students, faculty members, staff members, administrators and visitors are subject to local state and federal laws regarding the unlawful possession, distribution, or use of alcohol or illegal drugs.
The following university policies can be found in the UTRGV Handbook of Operating Procedures. The possession, transportation, and/or consumption of alcohol by individuals less than 21 years of age is strictly prohibited. University police officers enforce laws regulating the use of alcoholic beverages and underage drinking with court appearance citations, referral to the Office of Student Rights and Responsibilities and/or arrest. Alcoholic beverages may not be consumed or possessed in public areas of the university. Additional policies regarding alcohol apply at campus housing areas. If a student is found responsible for violating the alcohol policies, sanctions range from educational programs to expulsion. In addition, according to the UTRGV Student Code of Conduct the use, manufacture, possession, sale, or distribution on the campus of the sub-stances defined and regulated under Chapters 481, 484 and 485 of the Texas Health and Safety Code, except as may be allowed by the provisions of such articles. If a student is found responsible of the illegal use, possession, or sale of a drug or narcotic on campus, the minimum penalty shall be suspension from the institution for a specified period of time; and/or suspension of rights and privileges.
EMAIL COMMUNICATION WITH STUDENTS
The official means of communication with students from The University of Texas Rio Grande Valley regarding administrative issues is the UTRGV email address assigned by the university. Important information, such as financial aid award notification, billing notices, payment reminders, registration information, class wait list notifications, deadline reminders, and information about the graduation application process is sent to the student’s UTRGV email address. It is the student’s responsibility to activate this address upon admission and check it often.
EMERGENCY RESPONSE AND EVACUATION
The UTRGV Office of Emergency Management (OEM) is committed to openly engaging the university community in preparation, response, recovery, and mitigation of emergencies through an all-hazards approach. OEM’s highest priority is to help provide a safe and secure environment for UTRGV students, faculty, staff, and visitors. The Office of Emergency Management works cooperatively with all members of the UTRGV community, University of Texas System, Texas Division of Emergency Management, Cameron County and Hidalgo County Emergency Management, City of Brownsville Office of Emergency Management and City of Edinburg Fire Department to achieve this objective.
In accordance with the HEOA, UTRGV has developed a policy statement that outlines Emergency Response and Emergency Notifications utilized to immediately notify the campus community upon the confirmation of a significant emergency or dangerous situation.
In most cases, evacuations apply only to buildings immediately affected. In some cases, the evacuation could apply to the entire campus. Some potential causes for emergency evacuations may include but are not limited to a major fire or explosion, hazardous materials release, structural failure, bomb threat, chemical/biological/radiological spill. Evacuations are typically prompted by continually sounding fire alarms or by an official announcement through UTRGV’s emergency notification system and are advised not to re-enter the building until the all-clear is given by either UTRGV PD or by an official announcement via UTRGV’s emergency notification system.
For more information, visit the UTRGV Office of Emergency Management website.
GANG FREE ZONE
Premises owned, rented, or leased by The University of Texas Rio Grande Valley and areas within 1,000 feet of the premises are “gang-free” zones. Certain criminal offenses, including those involving gang-related crimes, will be enhanced to the next highest category of offense if committed in a gang-free zone by an individual 17 years or older. See Texas Penal Code, Section 71.028.
FREEDOM OF SPEECH, EXPRESSION AND ASSEMBLY
Freedom of speech, expression, and assembly are fundamental rights of all persons and are central to the mission of UTRGV. Students, faculty, and staff have the right to assembly, speak, and attempt to attract the attention of others, and corresponding rights to hear the speech of others when they choose to listen, and ignore the speech of others when they choose not to listen. These activities, however, are subject to the well-established rights of colleges and universities to regulate time, place, and manner so that these activities do not intrude upon or interfere with the academic programs, administrative processes, or other authorized activities of UTRGV.
Please refer to the frequently asked questions and ADM 02-300 Speech, Expression and Assembly for the official university policy. A print copy of the policy may be requested through the Dean of Students Office at dos@utrgv.edu.
HAZING
Hazing in state educational institutions is prohibited by both state law (Sections 51.936 and 37.151 et seq., Texas Education Code) and by the Regents’ Rules and Regulations (Rule 50101). Individuals or organizations engaging in hazing could be subject to fines and charged with criminal offenses. Additionally, the law does not affect or in any way restrict the right of the university to enforce its own rules against hazing.
Individuals
A person commits an offense if the person: engages in hazing; solicits, encourages, directs, aids or attempts to aid another engaging in hazing; Recklessly permits hazing to occur; or has firsthand knowledge of the planning of a specific hazing incident involving a student in an educational institution, or has firsthand knowledge that a specific hazing incident has occurred, and knowingly fails to report that knowledge in writing to the Dean of Students or other appropriate official of the institution.
Organizations
An organization commits an offense if the organization condones or encourages hazing or if an officer or any combination of members, pledges, or alumni of the organization commits or assists in the commission of hazing.
Definition
The term “hazing” is broadly defined by statute to mean 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 an organization. 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 subject the student to unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student.
- Any activity involving the consumption of a food, liquid, alcoholic beverage, liquor, drug or other substance that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student.
- Any activity that induces, causes, or requires the student to perform a duty or task that involves a violation of the Penal Code.
- Involves coercing the student to consume a drug or alcoholic beverage or liquor in an amount that would lead a reasonable person to believe that the student is intoxicated.
The fact that a person consented to or acquiesced in a hazing activity is not a defense to prosecution. The University of Texas System Board of Regents’ Rules and Regulations, Rule 50101, Sec. 2.8 provides that, “Any student who, acting singly or in concert with others, engages in hazing is subject to discipline. Hazing in state educational institutions is prohibited by state law (Texas Education Code, Section 51.936). Hazing with or without the consent of a student whether on or off campus is prohibited, and a violation of that prohibition renders both the person inflicting the hazing and the person submitting to the hazing subject to discipline. Initiations or activities of organizations may include no feature that is dangerous, harmful, or degrading to the student, and a violation of this prohibition renders both the organization and participating individuals subject to discipline.”
Hazing with or without the consent of a student is prohibited by the System, and a violation of that prohibition renders both the person inflicting the hazing and the person submitting to the hazing subject to discipline. Initiations or activities by organizations may include no feature which is dangerous, harmful, or degrading to the student, and a violation of this prohibition renders both the organization and participating individuals subject to discipline. Activities which under certain conditions constitute acts that are dangerous, harmful, or degrading, in violation of Rules include but are not limited to: calisthenics, such as sit-ups, push-ups, or any other form of physical exercise; total or partial nudity at any time; the eating or ingestion of any unwanted substance; the wearing or carrying of any obscene or physically burdensome article; paddle swats, including the trading of swats; pushing, shoving, tackling, or any other physical contact; throwing oil, syrup, flour, or any harmful substance on a person; rat court, kangaroo court, or other individual interrogation; forced consumption of alcoholic beverages either by threats or peer pressure; lineups intended to demean or intimidate; transportation and abandonment (road trips, kidnaps, walks, rides, drops); confining individuals in an area that is uncomfortable or dangerous (hot box effect, high temperature, too small); any type of personal servitude that is demeaning or of personal benefit to the individual members; wearing of embarrassing or uncomfortable clothing; assigning pranks such as stealing; painting objects; harassing other organizations; intentionally messing up the house or room for clean up; demeaning names; yelling and screaming; and requiring boxing matches or fights for entertainment.
Immunity
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 in good faith and without malice to the Dean of Students or other appropriate official of the institution and immunizes that person for participation in any judicial proceeding resulting from that report. Additionally, a doctor or other medical practitioner who treats a student who may have been subjected to hazing may make a good faith report of the suspected hazing activities to police or other law enforcement officials and is immune from civil or other liability that might otherwise be imposed or incurred as a result of the 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, which results in and include fines from $500 to $10,000 and/or confinement for up to two years.
HIGHER EDUCATION OPPORTUNITY ACT (HEOA)
The Higher Education Opportunity Act (HEOA) specifies The University of Texas Rio Grande Valley requirements for hate crime reporting, emergency response and evacuation procedures, as well as missing student notification and fire safety related issues for UTRGV’s on campus housing facilities. Please refer to the Handbook of Operating Procedures Policy section on Notification Regarding Missing Resident Students.
IDENTIFICATION CARDS
Every student enrolled at The University of Texas Rio Grande Valley must possess an official identification card, issued by the university. The ID card remains the property of the university. The card must be presented for:
- Any University or department-sponsored activity.
- Admission to all intercollegiate athletic events.
- Identification for cashing checks on campus.
- Authorization to resell books to the University Bookstore or Student Book Exchange.
- Checking out equipment from the Office for Student Involvement and the Student Union Recreation Room.
- Identification for receipt of transcripts and other documents at UCentral.
- Identification for receipt of awards from Student Financial Services.
- Use of the university food service meal plans.
- Use of recreation facilities.
- Use of the Health Services.
- Purchase of campus parking permit.
- Campus library privileges.
- Voting in campus elections and referendums.
- Identifying oneself to a University official when requested to do so.
- Use of computer equipment in computer labs.
This card is non-transferable. Beginning freshmen and first-time entering transfer students will receive their original ID cards at no charge. A service charge of $12 will be required for cards generated during subsequent semesters and for replacement cards. Worn cards can be replaced for $5.00. Loss or mutilation of cards must be reported to the V OneCard Office in the Academic Services Building, Rm. 1.101 or call 956-665-7276. Fees are subject to change.
Students may not have in their possession more than one student ID card any one time.
MAKING A FALSE ALARM OR REPORT
Pursuant to section 42.06 of the Texas Penal Code, it is a state jail felony to report a present, past, or future bombing, fire, offense, or other emergency that a person knows to be false relating to an institution of higher education.
RELIGIOUS ACCOMMODATIONS
A student seeking an accommodation due to religious belief or practice (other than absences for religious holy days – See Attendance section), must provide a timely written request to the Dean of Students. The Dean of Students will assist in processing the request.
SOLICITATION ON CAMPUS
The University’s policy on solicitation is outlined in the UTRGV Handbook of Operating Procedures - Section ADM 10-104. The term solicitation means the sale, lease, rental or offer for sale, lease, rental of any property, product, merchandize, publication, or service, whether for immediate or future delivery; an oral statement or the distribution or display of printed material, merchandize or products that is designed to encourage the purchase, use or rental of any property, product, merchandize, publication or service; the receipt of or request for any gift or contribution; or the request to support or oppose or to vote for or against a candidate, issue or proposition appearing on the ballot at any election held pursuant to state or federal law or local ordinances. Solicitation is prohibited on any property, street, or sidewalk, or in any building, structure, or facility owned or controlled by the university or the University of Texas System. Please refer to the policy for a list of permissible activities.
STUDENT CONDUCT
The University of Texas Rio Grande considers cultivation of self-discipline by its students to be of great importance in the development of responsible citizens. Therefore, the university expects students to maintain standards of personal discipline that are in harmony with the education goals and purpose of the university. Although the university is committed to the full support of the constitutional rights of students, including due process, it also has an equal obligation to protect its educational purpose and the interest of the student body. The University must therefore be concerned with the actions of individuals or groups that are in conflict with the welfare and integrity of the institution or in disregard of the rights of other students or faculty.
Attendance at a tax-supported educational institution of higher learning is optional and voluntary. By such voluntary entrance into the academic community of the university, students voluntarily assume the obligations of performance and behavior imposed by the university relevant to its lawful missions, processes, and functions. When students enter the university, it is assumed that they have a serious purpose and a sincere interest in their own social and intellectual development. They are expected to learn to cope with problems with intelligence, reasonableness, and consideration for the rights of others; to obey laws and ordinances of the nation, state, and community for which they, as well as the university, are a part of. As students prize rights and freedoms for themselves, they are expected to respect the rights and freedoms of others.
The administration of student discipline at the university is a responsibility shared by students, faculty, and administrative staff. In many cases, peer group influence, counseling, admonition, and example may resolve problems of student conduct. Where these preferred means fail, resort is made to disciplinary procedures. Any academic or administrative official, faculty member, or student may file a complaint against any student for misconduct. A student may be penalized herein, even though he or she is also punished by state or federal authorities for the same act.
Students are subject to federal, state, and local laws as well as University rules and regulations. Students are subject to reasonable disciplinary action, including suspension and expulsion in appropriate cases, for breach of federal, state, or local laws or University rules and regulations. Individuals who are not currently enrolled at the university remain subject to the disciplinary process for conduct that occurred during any period of enrollment, and for statements, acts, or omissions related to application for enrollment or the award of a degree.
Rules and regulations relating to the students of the university are enacted with the view towards protecting the best interests of the individual, the general welfare of the entire student body, and the educational objectives of the university. These rules and regulations are few, and most students will not find them unduly restrictive. Violations of institutional rules and regulations, including those, which may subsequently be enacted, may subject a student to disciplinary action.
The Student Conduct Code and the student disciplinary hearing and appeals procedure can be found in the Handbook of Operating Procedures STU 02-100.
STUDENT TRAVEL
The University of Texas Rio Grande Valley has set forth University rules and procedures regarding student and pre-college University program participant travel and to comply with The University of Texas System policy and State Law (Texas Education Code, Section §51.950) relating to student travel. University students may travel off campus when representing a student organization or University department or engaging in intercollegiate competition. Examples of student travel include, but are not limited to, class field trips attendance at scholarly or professional conferences; University-funded student organization travel; class trips for educational or cultural enrichment; athletic, student publication, dramatic, music or forensic competition or performances; or student leadership conferences. All student travel must be registered with and approved by the Dean of Students a designee.
For more information visit the Student Travel website.
VEHICLE REGISTRATION AND PARKING PERMITS
Unless otherwise notified, all students, whether full- or part-time, who operate a motor vehicle on campus must register the vehicle with the University Parking and Transportation Services department. A repositionable permit to be placed on the vehicle indicating the permit number and parking zone will be provided upon payment of the appropriate fee. All vehicles parking on campus must have a current parking permit properly displayed at all times. Citations apply to those vehicles lacking a permit or improperly parked. A complete list of all permit fees, citations, and regulations is available at the Parking and Transportation Services Office.
A disabled veteran with a disabled veteran license plate may park with a free University permit in a disabled parking space.