Legal Resources for Advisors to Student Organizations
UPPS No. 01.04.06
Issue No. 4
Effective Date: 6/22/2017
Next Review Date: 5/01/2021 (E4Y)
Sr. Reviewer: Associate Vice President and Dean of Students
This policy sets forth the relationship that exists between Texas State University and its faculty and regular staff employee advisors when they provide service to registered and chartered student organizations.
Registered and chartered student organizations must have a faculty or staff advisor who is employed by the university at least one-half time.
Advisor – any faculty member or regular staff employee who is employed by the university and is the designated advisor for a registered or chartered student organization. For definitions of “registered” or “chartered,” refer to the Student Organizational Policy.
Regular Staff Employee – an employee who is hired to work at least 20 hours per week for a period of at least four and one-half months, excluding those employed in positions that require student status as a condition of employment.
SUMMARY OF APPLICABLE LAW
Advisors serve in an official capacity and within the scope of their employment by providing services to the university when they provide services to registered and chartered student organizations.
Texas Civil Practice and Remedies Code §104.003 limits the amount of recoverable damages for state liability to $100,000 to a single person indemnified and, if more than one person is indemnified, $300,000 for a single occurrence in the case of personal injury, death, or deprivation of a right, privilege, or immunity and $10,000 for each single occurrence of damage to property.
Texas Civil Practice and Remedies Code §104.004 provides the attorney general shall defend an employee of a state institution in a cause of action covered by Chapter 104.001 of the Texas Civil Practice and Remedies Code.
Texas Civil Practice and Remedies Code §101.106 provides a means for employees who are sued for certain actions arising from the general scope of their employment to have the suit against them dismissed. In such cases, the university may automatically be substituted as the defendant in place of the employee.
PROCEDURE FOR REQUESTING LEGAL ASSISTANCE FROM THE ATTORNEY GENERAL
- Although the service of citation is rare, an advisor should notify The Texas State University System (TSUS) associate general counsel immediately after being served with a citation. The TSUS associate general counsel will help the advisor submit the matter to the attorney general. The attorney general may defend an advisor in a cause of action arising from the scope of their employment if the advisor delivers to the attorney general any citation no later than 10 days after being served with citation.
REVIEWERS OF THIS UPPS
Reviewers of this UPPS include the following:
Position Date Associate Vice President and Dean of Students May 1 E4Y Associate Director, LBJ Student Center May 1 E4Y Associate General Counsel May 1 E4Y
This UPPS has been approved by the following individuals in their official capacities and represents Texas State policy and procedure from the date of this document until superseded.
Associate Vice President and Dean of Students; senior reviewer of this UPPS
Vice President for Student Affairs