Campus Carry Policy
EFFECTIVE AUGUST 1, 2017
Navarro College is committed to providing a safe environment for students, faculty, staff, and visitors, and to respecting the right of individuals who are licensed to carry a handgun where permitted by law. Individuals who are licensed to carry may do so on campus premises except in locations and at activities prohibited by law or by this policy and procedures thereof.
APPLICATION OF POLICY
This policy and procedures thereof apply to all faculty, staff, students, guests, and visitors; and individuals and organizations doing business on or on behalf of Navarro College. This policy does not apply to commissioned peace officers as defined in article 2.12 of the Texas Code of Criminal Procedures.
Activities. “Activities” means all functions, events, and programs on all four Navarro College Campuses and the Fairfield Career and Technical Center and other premises operated by Navarro College.
Campus Premises. “Campus Premises” means all land, buildings and portions of buildings owned or leased by the College.
Campus Housing. “Campus Housing” means a residential facility owned or leased and operated by Navarro College or located on the campus premises.
Collegiate Sports. “Collegiate Sports” means intercollegiate, club, and intramural athletic activities occurring on the campus premises.
Concealed Handgun. “Concealed Handgun” means a handgun, the presence of which is not openly noticeable to the ordinary observation of a reasonable person.
Days. “Days” means business days.
Employee. “Employee” means an individual at any component of Navarro College, who is hired in a full-time, part-time, or temporary capacity in a faculty or staff position or in a position where the individual is required to be a student as a condition of employment at Navarro College.
Handgun. “Handgun” means any firearm that is designed, made, or adapted to be fired with one hand.
Interscholastic Event. “Interscholastic Event” means a function or program involving elementary or secondary schools.
Large-scale Event. “Large-scale Event” means a function or event, other than a classroom or academic program, where attendance is reasonably anticipated to exceed 200
License Holder. “License Holder” means a person who is issued a License to Carry a handgun (LTC, formerly called a “Concealed Handgun License” or CHL) as determined by the Texas Department of Public Safety under Chapter 411 of the Texas Government Code.
Private Residential Room. “Private Residential Room” means a room that is capable of being locked by the occupant to whom it is assigned and that no other access to the bedroom space is available through a suite bathroom or other shared space.
Reviewing Official. “Reviewing Official” means a Navarro College official designated by the District President to review a decision to temporarily restrict the carrying of concealed handguns on the campus premises.
Store. “Store” means to take steps that a reasonable person would take to prevent the access to a firearm, including but not limited to placing a firearm in a locked container. For purposes of this policy, a firearm that is temporarily rendered inoperable by use of a trigger lock or other means is not stored.
Work Area. “Work area” means the place or places an individual performs assigned duties as an employee of a component of Navarro College.
PROCEDURES AND RESPONSIBILITIES
I. Open Carry Prohibited. All persons, including License Holders, are prohibited from openly carrying a handgun on the campus premises, in including on any public driveway, street, sidewalk or walkway, parking lot, or other parking area on the campus premises. Open Carry is also prohibited in all College vehicles.
II. Carrying of Concealed Handgun by a License Holder.
A. Right to Carry. A License Holder may carry a concealed handgun while on the campus premises (including public driveways, streets, sidewalks or walkways, parking lots, and other parking areas) and in Navarro College passenger transportation vehicles, unless prohibited by state or federal law, or by this policy. License Holders are responsible for knowing areas where carrying a concealed handgun is prohibited where notice is not required to be posted.
B. Intoxication. A License Holder may not carry a concealed handgun while intoxicated.
C. Display of Concealed Handgun. A License Holder may not carry a partially or wholly visible handgun, or intentionally or knowingly display a handgun in plain view of another person, even if holstered, on the campus premises, including public driveways, streets, sidewalks or walkways, parking lots, or other parking areas on the premises of Navarro College.
D. Requirement to Display License. A License Holder must display his or her License to Carry (LTC) when directed by a law enforcement officer in accordance with section 411.205 of the Texas Government Code. Otherwise, an individual is not required to disclose whether he or she is a License Holder in order to participate in any program or service offered by Navarro College, except as required by law.
E. Lawful Storage. A License Holder is expected to lawfully store his/her handgun before entering any area on campus where concealed carry is prohibited.
III. Carrying of Concealed Handgun by Employees. An employee who lawfully holds a License to Carry may carry a concealed handgun into his or her work area, unless prohibited under this policy, but is not authorized to use the weapon in the course and scope of performing his or her duties. An employee whose possession, storage, or use of a handgun results in personal injury or property damage is personally liable for the injury or damage, and is not entitled to immunity under section 411.208 of the Government Code or any other immunity to which the individual may be otherwise entitled as a Navarro College employee.
IV. Exceptions: Locations and Activities at which Concealed Handguns are Prohibited. A License Holder is prohibited from carrying a concealed handgun onto the campus premises where prohibited by law and where prohibited by this policy based on the nature of the student population, specific safety concerns, and uniqueness of the campus environment.
A. Concealed handguns are prohibited at the following locations:
1. In a nonpublic, secure portion of the Navarro College Police Department building (area beyond foyer) used to conduct official business as prohibited under section 411.207(b) of the Texas Government Code.
B. Concealed handguns are prohibited during the following activities:
1. During a high school, collegiate, or professional sporting event or interscholastic event as prohibited under section 46.035(b)(2) of the Texas Penal Code, or when a sports club or intramural athletic competition is taking place;
2. As subject to the Open Meetings Act (OMA), during a time in which a properly posted open meeting of a governing body is held, including that of the College’s Board of Trustees meetings, as long as the entity provides the notice specified by the Texas Penal Code section 30.06;
3. During a time in which a location is being used as a church, synagogue, or other established place of religious worship as prohibited under section 46.035(b)(6) of the Texas Penal Code, and as posted in accordance with required notice;
4. During a time in which a location is designated as a polling place on the day of a federal, state, or local election, including while early voting is in progress as set out in section 46.03(a)(2) of the Texas Penal Code, and as posted in accordance with required notice (and may include but is not limited to the Cook Education Center on the Corsicana Campus);
5. During a time in which a formal employee or student disciplinary or grievance hearing is taking place (e.g., grade challenge, disciplinary appeal);
6. During a time in which large groups of minors are on campus at a location where an educational program is being provided (e.g., field trips to the Cook Education Center, UIL events);
7. During a time in which equipment is used that is incompatible with metallic objects, and as posted in accordance with required notice;
8. When a state or federal law or contract, at the sole discretion of the state or federal government or organization with whom the contract is entered, requires exclusion of a handgun in a specific location and the exclusion does not generally prohibit or have the effect of generally prohibiting License Holders from carrying concealed handguns on the campus premises, and as posted in accordance with required notice;
9. During a time in which medical, health, or clinical services are provided, and as posted in accordance with required notice;
10. During a time in which intercollegiate, club, and intramural athletic events occur, and as posted in accordance with required notice. This may include, but is not limited to activities (games and practices) at the following locations: The Wolens Special Event Center (SEC), the Perry baseball and softball fields and Price fieldhouse, the soccer field and fieldhouse, the football practice field, Tiger Stadium (Corsicana I.S.D.), Gibson Hall and Duncan Fitness Center, and outdoor basketball courts and sand volleyball court;
11. During a large-scale event occurring on a premise that is owned, leased, or operated by the College; this may include but is not limited to the Cook Education Center, the Wolens Special Event Center (SEC), and Dawson Auditorium, and as posted in accordance with required notice; and
12. During Navarro College commencement activities, Texas A & M University-Commerce commencement, other institutions’ commencement ceremonies, and high school graduation ceremonies, and as posted in accordance with required notice.
C. Responsible Party: Chief of Police
V. Obligation to Provide Notice Where Concealed Handguns are Prohibited. The College shall provide notice at all locations and Activities where concealed handguns are prohibited under this policy and may post notice where handguns expressly are prohibited but where notice is not required to be posted by law. The language of the notice, which is set out in section 30.06 of the Texas Penal Code, shall not be altered in any way unless revised by state law. Any individual who without authorization, tampers with, defaces, modifies or removes a notice provided pursuant to this policy is subject to disciplinary action, including trespass from campus, suspension, termination of employment or a business relationship, and is subject to criminal prosecution.
A. Notice required under this policy must read:
Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun.
B. Notice must be provided in writing and on a card or other document in both English and Spanish. When notice is posted at a location, the sign must appear in contrasting colors with block letters at least one (1) inch in height, displayed in a conspicuous manner that is clearly visible to the public, and at a sufficient distance from the location or activity to inform a License Holder that entry on the property or presence at the activity with a concealed handgun is prohibited.
C. The College shall publish this policy annually in the electronic policy manual and student handbook, and on a webpage dedicated to the carrying of concealed handguns on campus premises owned, leased or operated by Navarro College. The College shall include information on this policy as part of both employee and student orientation.
D. Contracts for use of the campus premises shall include pertinent provisions of this policy.
E. Responsible Party: Chief of Police
VI. Campus Housing. A concealed handgun may be carried or stored in campus housing as set out in this policy.
1. A License Holder who resides in campus housing may carry a concealed handgun into campus housing and may store the weapon in his or her assigned room except during periods between the spring and fall semesters when the facility hosts summer camps attended by minors.
2. A resident who brings a concealed handgun into campus housing pursuant to this policy must carry the weapon on his or her person at all times or store it in his or her assigned room in a locked container that has been installed or approved by the College Administration.
3. A resident may not intentionally or knowingly display a handgun in plain view of another person in campus housing except as necessary to properly store the weapon in his or her assigned room.
1. A License Holder who does not reside in campus housing may carry a concealed handgun into campus housing except during periods between the spring and fall semesters when the facility hosts summer camps attended by minors.
2. The handgun must be carried on the non-resident’s person at all times and may not be stored in a campus housing room.
C. Responsible for Personal Injury or Damage. A resident or non-resident whose possession, use, or storage of a handgun results in personal injury or property damage is personally liable for the injury or damage.
D. Responsible Party: Vice President of Student Services
VII. Temporarily Prohibiting Concealed Handguns on Campus Premises
A. Planned Events. The District President or his/her designee may prohibit the carrying of concealed handguns for up to seven (7) days in order to promote safety on the campus premises:
1. When the activity has a history for violence; or
2. Where a large-scale activity, due to the presence of alcohol, uniqueness of the campus environment, specific threat of violence, or other safety considerations presents a reasonable threat to health or safety.
B. Immediate Threat. The Navarro College Chief of Police may prohibit the carrying of concealed handguns on the campus premises:
1. When it reasonably appears there is threat of injury to human life, destruction to college property, or a threat of willful disruption of orderly operation of the College as defined in section 51.231 of the Education Code, or
2. Upon receipt of credible information of imminent injury to human life or destruction to college property.
C. Review of Decision to Temporarily Restrict Carrying of Concealed Handgun:
1. A License Holder may request review of the decision to temporarily prohibit the carrying of a concealed handgun.
2. The request must be submitted in writing to the Navarro College Chief of Police and describe why allowing concealed handguns at the location or activity does not present a safety concern.
3. The Navarro College Chief of Police may request additional information and must notify the License Holder of the decision no later than two (2) days after receiving the request for review. The notice must provide the reason(s) for the decision.
4. The decision of the Navarro College Chief Police is final.
D. Responsible Party: Chief of Police
VIII. Sanctions for Violating this Policy. Any individual who violates this policy is subject to disciplinary action to include trespass from campus, suspension, or termination of employment or a business relationship, and is subject to criminal prosecution.
A. Responsible Party: Vice President of Human Resources (for staff incidents); Vice President of Student Services (for student incidents)
IX. Report to Legislature. Navarro College shall prepare a report for the Texas Legislature describing the campus rules adopted to regulate the carrying of concealed handguns on campus and the reasons for the rules not later than September 1, 2017 and every even-numbered year thereafter.
A. The report will be submitted to the District President and the President’s Executive Leadership Team (PELT) as well as to the Navarro College Board of Trustees for approval prior to submission to the Legislature.
B. Responsible Party: District President
X. Amending Policy. For campus safety, the District President may amend this policy and the procedures therein and submit to the Board of Trustees for final approval as necessary to include permanently designated, new or additional, locations where the carrying of concealed handguns on campus premises is prohibited. Any prohibition must be based on specific safety considerations, the nature of the student population, and the uniqueness of the campus environment and may not generally prohibit or have the effect of generally prohibiting License Holders from carrying concealed handguns on campus premises.
A. A request to amend this policy to permanently prohibit the carrying of a concealed handgun must be submitted, in writing, to the Navarro College District President.
B. The request must describe the specific factual reasons for the permanent designation, including safety concern(s), the nature of the student population, and any unique features or circumstances related to the building, part of a building, or activity that regularly takes place in the building. The request also should identify other locations of the campus or activities with similar characteristics where concealed handguns are prohibited.
C. The request and proposed amendment must be posted on the College’s webpage dedicated to the carrying of concealed handguns. Interested individuals must be given a reasonable time and opportunity to comment on the request. Students, faculty, and staff must be given the opportunity to comment in person before the proposed amendment is submitted to the District President for approval.
D. Any amendment to this policy that has the effect of restricting the lawful carrying of a concealed handgun by a License Holder must be submitted to the Board of Trustees within 90 days of the District President’s approval, and will not take effect until approved by the Board of Trustees.
E. Responsible Party: District President
REFERENCES AND CROSS-REFERENCES
Tex. Gov’t Code, Chapter 411 Tex. Penal Code, Chapter 30 Tex. Penal Code, Chapter 46 Tex. Educ. Code, Section 51.231 Tex. Code. Crim. Proc., Article 2.12
Board Policies & Procedures Manual: Section GJ.1