• Student Organizaiton Recognition
• Activities of Recognized Student Organizations
• Constitution & Bylaws
• Membership, Officer Positions, and Grade Requirements
• Disruptive Activity
• Hazing
• Liability
• Violation of Policies

Student Organization Recognition

Student Rule 41 states that, “Student organizations may be officially recognized when formed for purposes that are consistent with the philosophy and goals that have been developed for the creation and existence of Texas A&M University.  Approval for recognition is granted by the Vice President for Student Affairs through the Director of Student Activities.  In order to be recognized and to retain official recognition, student organizations must meet certain requirements.  Student groups complying with the following conditions shall enjoy the privileges associated with the status of being officially recognized by the university including use of university name, university facilities for meetings, university logo and trademarks, and university property for concessions.”

The conditions of recognition are briefly described below:

• Select a faculty or staff advisor for the organization.
• Complete the annual recognition process through the Department of Student Activities.
• Deposit and withdraw all funds through the SOFC and follow all SOFC policies and procedures.
• Conduct organizational activities that reflect the highest ideals of the university.
• Avoid duplication of mission or purpose with other organizations.
• Be open in membership unless otherwise permitted under federal law.
• Appoint officers who are in good standing with the university and maintain the minimum GPR requirements to be leaders of student organizations (2.00 for undergraduates and 3.00 for graduate students).

More detailed information about these recognition and membership policies can be found at http://student-rules.tamu.edu/rule41.

Activities of Recognized Student Organizations

Student Rule 42 states that, “The university is a forum for ideas and their exchange. Such exchange can only occur on a scholarly plane if good order is maintained and standards of decorum and good behavior are recognized by all. The university recognizes that some activities will have audiences of a single class, seminar or organization, and that others will be addressing themselves to a wider spectrum of the university community.”  There are several student rules specific to the activities of student organizations, including:

• All students organizations must have their events reviewed by their advisor(s).
• If a student organization enters into a contract for a program, performance, speaker, etc. for an all-university audience (one advertised outside the membership of the organization), that contract must be reviewed by the organization advisor, Department of Student Activities, and university-wide Contract Administration.
• The university prohibits the use of any of its symbols, insignias or other identifying marks in any political endorsements, campaigns, or elections.
• The university reserves the right to cancel any event it deems likely to cause an interruption in the university’s orderly activities.
• No organization may use the institution’s name without the express authorization of the institution, except to identify the organization’s affiliation.
• Student organizations must seek advance approval to use university marks on commercial products or service promotions through the Office of Collegiate Licensing.

For more detailed information about these rules, please visit http://student-rules.tamu.edu/rule42.
 

Constitution & Bylaws

Every recognized student organization at Texas A&M University is required to file a current copy of its constitution and bylaws with the Department of Student Activities each year during recognition.  A constitution contains the fundamental principles that outline the purpose, structure, and limits of an organization.  Your constitution provides a foundation upon which your organization operates, serving to clarify your purpose, outline your basic structure, be the cornerstone for building an effective group, and give members a better understanding of the organization’s functions.  The constitution should be tailored to the needs of your organization, but must include your organization’s name, purpose, membership requirements, officer standards, and plans for handling finances.

Bylaws are secondary principles that govern the internal affairs of your organization, essentially serving as an expansion of the articles or sections of your constitution.  Student organizations are not required to have bylaws, but they are helpful in fully describing the procedures for the organization to conduct business effectively and efficiently.  For instance, you might add information about the various committees or sub-areas of your organization, procedures and goals for meetings, budget procedures, and amendment procedures for the constitution.

Remember the reasons for having a constitution and bylaws.  They articulate the purpose of your organization and spell out the procedures to be followed for its orderly functioning.  Constitutions usually require a 2/3 vote of the membership for adoption.  Bylaws only require a simple majority for passage.  Once you have developed your constitution and bylaws, review them often.  The needs of your group will change over time, and it is important that the constitution and bylaws are kept up to date to reflect the current state of affairs.

Make sure every new member of the organization has a copy of your governing documents.  This will help to unify your members by informing them about the opportunities that exist for participation and the procedures they should follow to be an active, contributing member.  A thorough study of the constitution and bylaws should be a part of officer training and transition.  You should also provide your advisor(s) with a copy of your constitution and bylaws. When you submit your constitution through the StuAct Online system, you will find a checklist of items to make sure you have included in your document. 

The Department of Student Activities expects that you and your members will hold each other accountable to upholding the Texas A&M Student Rules, as well as the organizational rules and guidelines set forth in your constitution. As student organizations self-govern, your group is responsible for handling internal issues according to the disciplinary or other follow-up procedures outlined in your constitution. Should you need assistance interpreting your constitution or addressing issues that are not outlined in your constitution, please contact the Recognition team at (979) 862-2953 or recognition@stuact.tamu.edu. The Department of Student Activities has also developed the Organization Incident Reporting Form as a tool for reporting violations of the procedures, guidelines, and/or rules outlined in a student organization's constitution. Student Activities may intervene and determine accountability measures for the organization based on an investigation of the reported incident. Organizations will be responsible for fulfilling any requirements or expectations deemed necessary and/or reasonable by our department, and failure to do so in a timely manner could affect the recognition status of your organization. For additional information about rule violations, please refer to the "General Policies and Student Rules" section of this manual.

Membership, Officer Positions, and Grade Requirements

Student organizations must be open in their membership unless otherwise permitted under applicable federal law, according to Student Rule 41.1.7.  Should they choose, organizations may choose to set higher standards for membership including higher officer grade point requirements, higher membership grade point requirements, etc.  You should provide a general statement about your membership eligibility, standards, and requirements in your constitution.  You should also review your constitution to ensure that it does not contain discriminatory language or provisions.

At a minimum, each student organization is expected to designate one officer as the chief student leader (usually titled "president" or “chair”) and one officer authorized to deal with the organization's finances (usually titled "treasurer"). The titles of these positions may vary according to the needs of the organization, but the two separate job functions must be provided for in your constitution.  In your constitution, be sure to clearly lay out the job responsibilities, qualifications, selection process, term of office, transition process, procedure for removal from office, etc. for your officers.

NOTE: All recognized student organizations at Texas A&M University must include the following statement (or its equivalent) in their constitution:

"The officers of this organization must meet the following requirements:

(a) Have a minimum grade point ratio (GPR) as stated below and meet that minimum GPR in the semester immediately prior to the election/appointment, the semester of election/appointment and semesters during the term of office.

• For undergraduate students, the minimum GPR is 2.00. In order for this provision to be met, at least six hours (half-time credits) must have been taken for the semester under consideration. In one limited circumstance, summer semester hours may be applied to this provision. In order for summer coursework to qualify toward a grade point ratio prior to election/appointment, at least six credit hours must have been taken during the course of either the full or two summer session(s).
• For graduate level students the minimum GPR is a 3.00. In order for this provision to be met, at least four hours (half-time credits) must have been taken for the semester under consideration. In one limited circumstance, summer semester hours may be applied to this provision. In order for summer coursework to qualify toward a grade point ratio prior to election/appointment, at least four credit hours must have been taken during the course of either the full or two summer session(s) unless fewer credits are required as they complete the final stages of their degree.

(b) Be in good standing with the university and enrolled:

• at least half time (six or more credit hours), if an undergraduate student (unless fewer credits are required to graduate in the spring and fall semesters) during the term of office, and at least half time (four or more credits), if a graduate level student (unless fewer credits are required in the final stages of their degree as defined by the Continuous Registration Requirement) during their term of office.

c) Be ineligible to hold an office should the student fail to maintain the requirements as prescribed in (a) and (b)."

The wording of the above statement may be made specific to the student organization, but no student organization may enact eligibility requirements for officers less stringent than these. Again, student organizations may enact requirements more stringent than those provided by the university.  To request an exemption from these grade requirements, the student leader must download and complete the GPR Exemption Request Form (available at http://studentactivities.tamu.edu/files/GPR%20Exemption%20Application.pdf) and submit it to the Department of Student Activities.

Disruptive Activity

According to Student Rule Appendix I, disruptive activity is defined as any of the following:

1. Obstruction or restraining the passage of persons in an exit, entrance or hallway of any building.
2. Seizing control of any building or portion of a building for the purpose of interfering with any university-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 university.
4. Disrupting by force or violence or the threat of force or violence, a lawful assembly in progress.
5. Obstructing or restraining the passage of any person at an exit or entrance to the university or property or attempting to prevent by force or violence or the threat of force or violence the ingress or egress of any persons to or from said property.

Student organizations are prohibited from conducting disruptive activity as defined above on the Texas A&M University campus.  Please see http://student-rules.tamu.edu/append1 for more information about disruptive activity violations.
 

Hazing

According to Student Rule Appendix VI, “hazing” is defined 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.  Examples of hazing may include:

• Any type of physical brutality.
• Any type of activity that subjects the student to an unreasonable risk of mental or physical harm.
• Any activity involving forced consumption of a food, liquid, alcohol beverage, drug, or other substance subjecting the student to risk of harm.
• Any activity that intimidates or threatens the student with ostracism, subjects the student to extreme mental stress or humiliation, or adversely affects the mental health of the student.
• Any activity that induces, causes, or requires the student to violate local, state, or federal laws or university rules.

Both individuals and organizations are subjected to harsh legal and university penalties for engaging in hazing, soliciting or encouraging hazing practices, or knowingly or recklessly permitting hazing to occur.  Please note that hazing may have occurred regardless of whether or not the intent was to harm an individual, and regardless of whether or not the student agrees to the activity.  Detailed information about hazing offenses, penalties, and legal issues can be found at http://student-rules.tamu.edu/append6.

A student organization can suffer great consequences for hazing, but the Department of Student Activities recognizes and appreciates the value of formal and informal initiation processes for new members of student organizations.  There are numerous creative ways to orient new members in challenging and positive manners, without engaging in hazing practices.  To envision alternative practices for your organization, consider the ultimate goals of your orientation or initiation activity.  Here are some examples of goals and relevant activities:

• Unity:  Have the members of your organization work together on a community service project, or engage in team-building activities like visiting a ropes course.  Focus on achieving group cohesiveness and communication.
• Problem-Solving Skills:  Have new members and old members collaborative brainstorm areas of improvement for the organization and plan solutions or objectives for the upcoming year.
• Mentorship:  Develop a peer mentor program within your organization.
• Friendship:  Plan special events for the entire organization to gather and get to know each other.  Have a “membership circle” where old and new members can express what membership in the organization means to them.
• Organizational History:  Invite an older member to speak about the foundation, special traditions, and prominent former members of the organization.
• Knowledge:  Have leaders of affiliated organizations (e.g. speakers from national Greek systems) speak about the governance, expectations, and goals of the overall system.

Hazing is sometimes defended as a way to teach respect, develop discipline, and strengthen bonds between members.  Consider that respect must be EARNED – not taught.  Victims of hazing offenses rarely report having respect for those that caused them harm.  Even if “nothing goes wrong,” hazing is a form of victimization that will breed mistrust, apathy, and alienation instead of discipline or friendship.  Instead, you should focus on developing orientation or initiation processes that are welcoming, goal-oriented, safe, and affirming to new members!
 

Liability

Negligence

It is important to understand what things a court of law will look for in order to establish liability on the part of an individual or an organization.  With this general knowledge, student organization leaders can create a framework by which they can attempt to proactively plan their events and problem-solve as the need arises.  Generally, students and their organizations can be held liable by a court of law for two kinds of liability:  “contract” and “tort.”  A contract is a binding agreement between two parties in which each gives something in return for something else, and contract liability will be discussed further in the Event Planning section of this manual.  A tort is a civil wrong in which someone either intentionally or negligently causes harm to another person, and the most common kind of tort is negligence (breach of a duty owed to another person).

Members of student organizations may owe duties in many instances.  For example, you may have a duty to train members about safety and their responsibilities during events.  If you do so poorly and someone is injured as a result, that person may sue the organization for negligence.  Another example could be harm done to a person as a result of the organization breaching its duty to follow state laws, such as hazing or serving alcohol to a minor.  Sometimes, members assume personal liability as part of student organization events, such as driving other members to an organizational event in their own personal vehicles.

It is important to understand basic concepts of liability for your student organization and plan accordingly.  The key is to exercise reasonable care to prevent any harm that might be foreseeable as a result of your activities or events.  The more you do to keep your members and participants physically and mentally safe, the less likely you are to be found in a breach of your duty.  Much more extensive information about these principles can be found at http://studentactivities.tamu.edu/risk/liability.

Waiver and Release Forms

It is important that participants are warned of the dangers inherent in an activity and that they sign a document stating they understand this danger and assume the responsibility for themselves. This form is a legal document and should be presented as such. It is a good idea to have everyone sign such a form at the time they join or pay dues and then again before any event that carries with it some risk.  In some cases, you may be required to have members sign waivers (when you travel away from the university, when you participate in physical activities, etc.).

In addition to signing the form, you should go over with participants the possible dangers they may encounter while engaging in the activity.  Try to be as comprehensive as possible based on the normal dangers associated with the activity.  Participants will now be aware of what is involved in the activity and then can choose to assume the responsibility of engaging in the activity for themselves.

Some key points to consider in designing waiver and release forms for your organization and/or its activities are:

• Make sure the title of the document is clear, so everyone understands they are signing an assumption of risk form.
• Describe the activity as specifically as possible, using clear language and a comprehensive description of the risks involved.
• Include text asking the participant to “hold harmless and indemnify the sponsoring organization,” to ensure that he/she has read and understood and risks involved and will not hold the organization liable in case of injury.
• Include text asking the participant to give consent for medical treatment in case of injury.  In fact, the standard waiver form for student organizations (http://studentactivities.tamu.edu/files/riskrelease.pdf) asks for insurance information to provide a hospital in case of an emergency.
• If the participant is a minor, he/she must have a parent or guardian sign the form.
• Retain waiver forms for the specified amount of time following the event (normally the statute of limitations for any potential future litigation for student organizations will be 2 years).

Finally, don’t let a waiver form be your only mitigator for the physical risks associated with your events.  Having someone sign a release form does not mean that you don’t still owe him/her a duty to exercise all reasonable care in preventing injury!

Violation of Policies

The Student Organization Hearing Board views student organization discipline as an educational process. When an organization disregards a regulation or policy of the state or the university, the focus of the process turns to education: uncovering the reason for the violation, demonstrating why the behavior is inconsistent with the expectations of the university, and aiding the student organization in coming to the realization that certain rules and regulations are necessary for the existence of the university community.

The Student Organization Hearing Board may only be called to hear a case when information exists indicating that an organization has allegedly violated Texas A&M University Student Rules.  Violations concerning Greek social organizations or Corps-related organizations fall under the jurisdiction of the Interfraternity or Panhellenic Judicial Boards and the Corps of Cadets Standard Board, respectively.  The hearing board may be called if any members commit a violation or fail to prevent the violation when they knew or should have known about it beforehand.

When the Director of Student Activities receives information that an organization has allegedly violated a University rule, he/she may appoint a representative from the Department to investigate the alleged violation.  The Director of Student Activities, in concert with the Hearing Board Chair, shall discuss the case and determine whether disciplinary charges should be initiated. In some cases, it may be necessary to summon the president and/or members of the executive committee for a conference with the Hearing Board Chair and the Director of Student Activities.

The organization’s president and advisor must be notified by letter of the date, time, and place for the hearing.  This letter will describe the alleged violation and advise the organization of its assurances:

1. To be informed in writing of all charges at least seven calendar days before any hearing may proceed.
2. To choose not to say anything during the hearing.
3. To personally question any witnesses against the organization.  (It should be noted that relevant witnesses can only be requested to participate in the process; they cannot be required to do so.  In certain circumstances where confidentiality is paramount, an incident report will be substituted and the accused organization may question facts in the report.)
4. To present information, provide witnesses and argue on its own behalf.  (Statements from character witnesses must be in written format rather than personal presentations.)
5. To review all information brought against the accused prior to the hearing.
6. To have an advisor present during the hearing who is bound to advise the organizational representative only and not actively participate in any way in the proceeding. (The advisor may not actively participate in the hearing unless he/she is serving as a witness. The advisor cannot serve as the organization's representative, but can only serve in an advisory capacity.)
7. To be notified via written statement of the findings of the hearing within a reasonable amount of time after the hearing.
8. To have an opportunity to submit a letter of appeal regarding the decision to the Director of Student Activities within seven calendar days of receiving notification of the findings.

In all proceedings, the accused organization shall be presumed innocent until proven that a violation of Texas A&M University Student Rules occurred.  The burden of proof shall rest with the university, which is the entity bringing forth the charges, and said burden of proof shall be by a preponderance of the evidence.