Recommendations of the Texas Tech University Campus Carry Task Force for Implementation of SB 11
INTRODUCTION
These recommendations have been established in consultation with faculty, staff, and students at Texas Tech University who have had multiple opportunities to provide input into the process. A committee, the Campus Carry Task Force (CCTF), chaired by the
Provost and Senior Vice President and consisting of representatives from faculty, staff and students collected input via a campus survey, a general town hall event where faculty, students and staff were allowed two minutes to express views, a series of five meetings with focus groups, and input from a SGA Student Task Force. The online survey was administered to 12,790 faculty, staff and graduate students with 3,647 or
29% responding. The detailed results of the survey are available on the Campus Carry website. It is this survey, the town hall and subsequent focus group meetings that served as the platform for the CCTF’s work.
A draft report was prepared for submission to the president in December 2015. This final document represents new information and deliberations by the CCTF that include the input from the Attorney General of Texas (Opinion No. KP-0051), Texas Tech Office of General Counsel, and the Texas Tech University System Campus Carry Committee
Because of the likelihood that the provisions of SB11 may be subject to legal challenges and further administrative interpretations, we anticipate that the recommendations provided here may evolve over time as additional or different legal decisions, recommendations, or campus experiences dictate changes.
GENERAL RULES AND REGULATIONS
Senate Bill 11 was passed by the Texas Legislature and signed into law on June 13,
2015. It provides that, beginning August 1, 2016, a person who holds a Texas
Concealed Handgun License (CHL) may carry a handgun on grounds and in the buildings of an institution of higher education.
S.B. 11 authorizes the president of a public university to enact reasonable rules and regulations regarding the concealed carry of handguns on campus. These recommendations must be made in consultation with students, staff, and faculty regarding “the nature of the student population, specific safety considerations, and the uniqueness of the campus environment.” But these rules and regulations may neither generally prohibit nor have the effect of generally prohibiting license holders from carrying their concealed handguns on campus. Effective notice must be provided with respect to any place where handguns may not be carried.
SPECIFIC RULES AND REGULATIONS
Under existing Texas statutes there are categories of venues where concealed carry is prohibited. These include:
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Premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place. This would include TTU athletic events.
• Premises where any UIL sanctioned competitions are being held.
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Premises where any Board of Regents meeting is being held.
• The location of Student Judicial Services.
• Premises where any other official governmental meeting or judicial proceeding is being conducted.
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Premises where polling is being conducted for local, state or federal elections.
In addition to the above venues, the following premises, venues or events are recommended by the CCTF as off limits to concealed carry:
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Student Recreation Center
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Kent Hance Chapel
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Any premise where professional counseling services are provided, including: o Family Counseling Center o Burkhart Autism Center o Student Wellness Center o Psychology Counseling Center o Child Development Research Center o Center for Study of Addiction and Recovery
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Any premises when in use for a program, activity or camp for minors.
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Research laboratories, rooms or storage areas where chemical(s) with a National
Fire Protection Association (NFPA) label that lists a particular chemical(s) as a 3 or higher in any category of flammability, instability or health hazard or is listed as radioactive in the special hazard category and, in addition, any labs using or storing biohazardous agents or toxins. In addition, any laboratory for which federal law, licensing agreements, or a contractual research agreement precludes the presence of firearms.
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Any university event where alcohol is being served by an organization under
Texas Alcoholic Beverage Commission rules and regulations.
• Performance venues & locations during ticketed events on a case by case basis if a temporary designation is obtained from the President. See Special
Considerations (d).
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The premises of all TTU residence halls shall be posted as an exclusionary zone except as provided in Special Considerations (a).
SPECIAL CONSIDERATIONS a) University Housing
Senate Bill 11 did not specifically authorize universities to prohibit handguns in university living facilities. However, the law provides that the university" ... may include in its rules provisions concerning the storage of handguns in dormitories or other residential facilities... ".
Handgun license holders residing in individually assigned rooms in suite style and apartment style TTU housing accommodations, specifically Carpenter Wells,
Murray, Talkington and West Village Residence Hall, will be allowed to possess
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handguns on the premises provided that such possession is in compliance, at all times, with Texas statutory law and these rules, and handguns shall be stored in a university approved gun safe installed in the license holders room.
Students who are assigned to dorm rooms where a firearm is stored and are concerned about their wellbeing, may request a transfer to another room. b) Classrooms
Responses gathered from faculty, staff and students regarding allowing concealed carry license holders to bring guns into classrooms reflected a broad variety of opinions. Faculty were generally opposed to guns being allowed in classrooms, while staff and students seemed to be split in their opinions. Faculty comments were mostly about concerns for the safety of our students if CHL holders reacted to an active shooter situation, thus causing other students to be caught in crossfire. Others expressed concerns about accidental discharge of guns that are carried in backpacks, purses and pockets. Some faculty said that academic freedom and authority over their students would be curtailed if students carried guns. A minority of faculty did express concerns about their own safety being compromised if they were not allowed to carry their own guns into the classroom. Staff concerns centered on classrooms also being used for staff meetings and a desire for carrying their guns into classrooms when they are taking a class. Students were split on whether they felt safer in a classroom where some students and perhaps a professor were carrying. Thus, this issue was the most difficult to resolve for the committee, and many hours of debate and correspondence took place in order to make appropriate recommendations to the President.
With faculty support for implementation of SB11 being critical to the university
CCTF, the committee investigated many possibilities for banning guns in the classroom while still upholding the provisions of the law. Some on the committee felt that such a ban was “reasonable” while others thought that the spirit of the law would be violated if CHL holders were denied the opportunity to take advantage of the law’s intent. Legal opinions were sought, research was conducted on experience of other campus carry states, and consideration was given to the logistics of requiring CHL holders to return to their personal vehicles to store their guns or placing them in designated, secure lockers or armories.
The CCTF concluded after extensive deliberations that there was no way to ban CHL holders from carrying guns into the classroom and still be in compliance with SB11. Thus the recommendation to the President is to allow
CHL holders to carry their guns into classrooms. While this recommendation did not receive unanimous support from the committee, the majority believes that the law requires this decision, even though faculty input from focus groups and surveys expressed opposition. c) Faculty, Staff and Student Offices
The CCTF considered allowing faculty, staff, and students to decide individually whether their own individual and solely occupied offices could be
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declared gun-free zones. While this “local option” seemed reasonable to the committee, further research revealed that such personal decisions would violate the spirit of SB11 which allows only the president of the institution to declare gun-free zones. Therefore the recommendation of the CCTF to the president is that CHL holders be allowed to carry their guns into faculty, staff and student offices. We do recommend that, to the extent possible, there should be made available in each department, a separate consultation office for those faculty, staff or students who are uncomfortable meeting with a potentially disruptive student or colleague in an unrestricted area. d) Performance Venues and ticketed events
The CCTF believes allowing guns at certain events may risk the safety and security of the audience. SB11 allows the president to make such decisions.
Therefore, the CCTF recommends that a standing university Campus Carry
Committee be formed that would assist the president in investigating requests for exclusions and making recommendation to the president concerning the request. The chair and members of this committee will be appointed by the
President, and will include representatives from the office of the Provost, the
Faculty Senate, Staff Senate, and Student Government Association, as well as representatives from the Office of Student Affairs, the Office of Human
Resources, the Office of General Counsel of the System and the Texas Tech
University Police Department.
TRAINING AND EDUCATION
An education program about SB11 and TTU’s responses to it should be developed and presented to all faculty, staff and students within the first full week of classes in fall semester, 2016 and subsequently made a part of faculty, staff and new student orientation. Related material should be readily accessible via a well-developed web site.
A common theme that emerged from the Focus Groups and the Student Government
Association recommendations is that TTU should prepare and better publicize training opportunities and educational materials. Mandatory training on how to respond to active shooter situations should be required of all faculty, staff and students. Such training should specifically address how CHL holders should respond, including when to withhold fire. This training should be developed by and taught by the Texas Tech
University Police Department. In addition, the University should develop materials to educate and inform parents of TTU students and prospective students about campus carry and how it is being implemented.
ADDITIONAL STAFFING
In consultation with the Chief of Police, additional police should be hired to provide safety and security in vulnerable areas that have been declared gun-free. In particular, the Child Development Care facility, Family Counseling Center, Student Wellness
Center, and Student Recreation Center should have additional law enforcement coverage.
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