What are UT Austin's 'institutional rules' around free speech and assembly?

AUSTIN, Texas - The University of Texas at Austin was the site of a clash between pro-Palestine protesters and law enforcement on Wednesday.

Hundreds of students walked out of class on Wednesday, April 24 to rally for Palestine and attempt to occupy the South Lawn on campus. Hundreds of Texas DPS troopers responded alongside officers from the University of Texas and Austin police departments.

Fifty-seven people were arrested during the protest. Forty-six charges have been dropped by the Travis County Attorney's office, citing "deficiencies in the probable cause affidavits".

FOX 7 Austin captured on video Texas DPS troopers pinning a person to the ground and detaining them. Troopers also used bikes and riot gear as barricades to push students back.

DPS says troopers were there at the request of the University and direction of Texas Gov. Greg Abbott.

UT Austin also sent a letter to the Palestine Solidarity Committee, saying they were not permitted to hold the event and if they continued, the organization and its attending members would be subject to discipline, including suspension under the Institutional Rules.

What are UT Austin's Institutional Rules on gatherings on campus?

In 2019, the Texas Legislature passed Senate Bill 18, which redesignated common outdoor areas on Texas public university campuses as traditional public forums for members of the public.

The law also allowed universities to continue regulating the "time, place and manner" of free speech activities, provided those rules were content-neutral and applied equally regardless of viewpoint.

Universities were also required to create disciplinary sanctions for students, student organizations and faculty members who interfere with other people's free speech activities. UT Austin's policy also includes discipline for staff.

Where can I gather on UT Austin's campus?

Under UT Austin's Institutional Rules, "common outdoor area" means "outdoor space not used for dedicated University business, an educational function, or a research function on either a permanent or a temporary basis." 

That definition does not include the outside of buildings, surfaces associated with or connected to University buildings, a University structure, spaces dedicated to temporary outdoor banners, spaces dedicated to temporary outdoor exhibits, or any other space within the University’s limited public forum.

UT Austin also designates specific areas and times for "amplified sound" and requires permission to be obtained from the Dean of Students. During business hours, the use of amplified sound is restricted to eight areas. After 5 p.m. and on weekends, amplified sound is permitted in all common outdoor areas.

During the week, UT-affiliated people and members of the public have to reserve a particular area for a particular time in order to use an amplified sound area.

What free speech activities are allowed on UT Austin's campus?

Individuals on UT's campus are allowed to:

• Assemble to peacefully protest
• Hand out flyers and brochures
• Invite guest speakers to present in common outdoor areas
• Engage with staff members if they need assistance or have questions

However, UT Austin says that activity comes with limits to "respect our students' right to learn and move freely and the University's operational needs."

Individuals on UT's campus cannot:

• Disrupt the operations of the university, including making loud sounds to interfere with learning, teaching, or other official actions; blocking entrances, exits and walkways; calls for immediate lawless behavior; and vandalism.
• Camp or attempting to camp on university property, including bringing tents onto campus or sleeping on university property with or without a tent later than 10 p.m.
• Use amplified sound without prior approval from the Dean of Students
• Wear masks or disguises obscuring the faces
• Use sticks or batons, including metal, plastic or wood poles attached to signs and posters
• Use open flames
• Solicit for commercial purposes

The general public is also not allowed to hang signs or banners on campus buildings, landscaping, hardscape or trees. UT-affiliated community members can apply for use of a temporary banner space through the Dean of Students. 

What are the consequences of violating the Institutional Rules?

There are two kinds of sanctions for students at UT Austin: disciplinary sanctions and academic sanctions.

Authorized Disciplinary Sanctions

One or more of the following sanctions could be imposed if a student is found to have engaged in misconduct as outlined in Subchapter 11 of the Rules:

1. Written warning;
2. Disciplinary probation;
3. Academic integrity probation;
4. Withholding of grades, official transcript, and/or degree;
5. Bar against readmission, bar against enrollment, withdrawal from the University or from a period of enrollment, and/or drop from one or more classes;
6. Restitution or reimbursement for damage to or misappropriation of University or University of Texas System property;
7. Suspension of rights and privileges, including, but not limited to, participation in athletic or extracurricular activities and residing in or entering University housing;
8. An academic sanction including, but not limited to, a failing grade for a test, an assignment, or a class, cancellation of all or part of previously earned course credit;
9. Denial of degree;
10. Deferred suspension;
11. Suspension from the University for a specified period of time;
12. Expulsion (permanent separation from the University);
13. Other sanction or sanctions as deemed appropriate under the circumstances.

Mitigating and/or aggravating factors, including a student's prior conduct, may be considered when determining the sanction(s).

Authorized Academic Sanctions

One or more of the following sanctions could be imposed if a student is found to have engaged in misconduct as outlined in Subchapter 11 of the Rules:

1. No credit or reduced credit for the graded assessment in question
2. Retaking of examination or resubmission of assignment
3. Failing or reduced final grade for the course
4. Removal from academic programs