General Legal Information
Bigotry
Any expression of hatred or prejudice is inconsistent with the purpose
of higher education in a free society. As long as bigotry exists
in any form in the larger society, it will be an issue on the college
campus. There must be a commitment by the institution to create
conditions where bigotry is forthrightly confronted.
Discrimination
Title IX of the Education Amendments of 1972, Title VI of the Civil
Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and
the age discrimination Act of 1975 prohibits discrimination on the bases
of race, national origin, creed, age, sex, marital status and disability
in student organizations on campuses throughout the nation. The
only exceptions to Title IX compliance are national sororities and fraternities
with regard to single sex membership requirements.
Due Process
The fifth and fourteenth amendments to the US Constitution protect
individuals due process rights. Students in school as well as out of
school are protected under the constitution. University administration
do not possess absolute authority over students. Students possess
fundamental rights the school must respect. Similarly, organization
leaders do not possess absolute authority over their members. Student
organizations must treat their members with due process and respect
their individual rights protected under the US Constitution. An
organization considering disciplinary action against an individual should
make sure the following is considered:
- Organization rules are clearly stated and given to members in writing,
- Proper notice of specific charge(s) is given,
- Opportunity for a hearing is offered,
- Names of witnesses are given to the charged individual,
- The opportunity to provide a defense against the charges is given,
- Witnesses are available to the charged individual,
- The charged individual is given the option of a formal hearing or
an informal meeting,
- No disciplinary action is taken on grounds which are not supported
by substantial evidence,
- Disciplinary action follows procedures outlined in the organization’s
constitution,
- Procedures for appeals are made available.
Hazing
Hazing is a fundamental violation of human dignity. Hazing is a broad
term encompassing any action or activity which does not contribute to
the positive development of a person. Any action or situation which
intentionally or unintentionally endangers a student seeking admission
into or affiliation with any student organization is considered hazing.
Hazing and the failure to report hazing by an individual or your organization
are misdemeanors in the state of Texas.
Further information about Hazing and its
consequences
Human Dignity
Texas Tech University is committed to equitable, civilized and concerned
treatment for all individuals without regard for race, national origin,
creed, age, sex, marital status and disability.
Individuals Worth and Dignity
It is imperative that students learn to recognize, understand and celebrate
human differences. Universities can and must help their students
become open to differences that surround them. These matters are learned
best in collegiate settings that are rich with diversity, if the ideals
of human worth and dignity are to be advanced.
Fair Use
The fair-use doctrine allows for copying, without permission, for such
purposes as criticism, commentary, news reporting, teaching, scholarship,
and research. Four main factors determine fair use:
- the purpose of the use (commercial or nonprofit purposes),
- the nature of the original (whether it was published or unpublished),
- the amount and importance of the portion used in relation to the
original work as a whole
- the impact of the use on the original works commercial value.
Freedom of Association
Students are free to organize and join associations at the university.
The university may take reasonable precautions to make sure that if
an organization receives university funding, it does not misuse the
funds collected from the general student body. Student groups
may utilize campus facilities and services as long as the organization
does not infringe on the rights, misuse the facility or serve to break
the law or discriminate on the basis of race, national origin, creed,
age, sex, marital status or disability. The university has the
right to ask each organization to register and give a contact name to
be responsible for communication with the institution.
Freedom of Speech
Students have the right to speak and to publish without prior administrative
approval. However, students should fall within the laws against
libel and slander and not interrupt the normal operation of the university.
Texas Tech has designated a “Free Speech” area between the library and
the Student Union. Students wishing to distribute printed material
on campus must follow the solicitation guidelines set by the university.
Privacy
Students are given the right to live and work as they please so long
as the health and safety of other campus citizens is not endangered.
Academic and disciplinary files are generally not available to unauthorized
persons without the written consent of the individual. Therefore,
organizations with grade point average restrictions or other standards
which are part of membership criteria will need to get a written release
from each member before records can be checked.
Student Responsible
Students learn responsibility when they bear the consequences of their
actions and inactions in an environment marked by caring and support.
Trademark
Trademarks and unfair competition laws allow protection of words, names,
short phrases, symbols and other devices that identify and distinguish
goods and services.
For complete
guidelines, refer to the Student Affairs Handbook, or contact Student
Legal Services, 742-3289.