My letter back from the Vice President for University Operations

Okay, so I got a letter from a UT Vice-President today, in response to my letter (which is at the bottom of this page).

March 16, 2010

Mr. Gregory Foster
**** Lynnbrook Drive
Austin, Texas 78748

Dear Mr. Foster:

Your letter to President Powers dated March 10, 2010 was forwarded to me for response because The University of Texas Police Department (UTPD) is a department within my portfolio.

I understand that you were asked to leave the Trudy's suite at UFCU Disch-Falk Field on March 9, 2010. According to reports by UT Athletics personnel and UTPD officers supporting the event, you and several companions were asked by a Longhorn Foundation staff member to tone down your profanity and heckling because it was disturbing many of the other patrons attending the game. The stadium manager had also received several complaints. After observing that your group had no intention of complying wiht stadium policy, your group was asked to leave. Athletics staff requested the assistance of two UTPD officers to ensure your departure.

Texas Athletics promotes a sportsmanship initiative that is published online: http://www.texassports.com/ot/makeusproud.html. It is also included in their fan guides. The initiative includes the following language:

* "The NCAA and The University of Texas promote good sportsmanship by student-athletes, coaches and spectators. We request your cooperation by supporting the participants and officials in a positive manner. Spectators are reminded that they are prohibited from entering the playing area. Negative comments directed at officials, student-athletes, coaches or team representatives are grounds for removal. The NCAA, the Big 12 Conference and The University of Texas thank you for your cooperation."

Additionally, as a member of the Big 12 Conference, Texas Athletics shares the values expressed in their Sportsmanship Statement containing the following:

* "The member institutions of the Big 12 Conference are committed to competition in an arena where sportsmanship and the sense of fair play take center stage. Whether on the field, within the community or in the classroom, those who make up the Big 12--its administrators, coaches, game officials, and student athletes--support the highest ideals in sportsmanships.

"At the heart of sportsmanships is the commitment of the institutions towards respect for the opposition and those officiating contests in the 21 sports sponsored by the Big 12. It is with a sense of fair play that a true sporting demeanor in the spirit of intercollegiate competition can be created and maintained with a total regard for the welfare of student-athletes, coaches, support personnel and spectators.

"Sportsmanship on the field of play is governed by Conference rules and guidelines, as well as those established under the NCAA and amateur organizations. It is the responsibility of game officials and administrators to see to strict adherence to these guidelines. The behavior of spectators is managed by event personnel, who are encouraged to deal with interference or abuse of appropriate sporting behavior in the strictest of methods.

"The Big 12 Conference and its member institutions appreciate the support of the majority of fans who wish to create an atmosphere of competition that allows the participants to showcase the game and their respective skills."

Our attorneys have reviewed the materials you sent regarding First Amendment rights at sporting events and we do not believe they are applicable here. Attendance at a University of Texas at Austin sports event is by a ticket which constitutes a revocable license to attend the event contingent upon the ticketholder complying with the University's policies. We believe the University has the right to enforce its reasonable rules concerning the conduct of patrons at our events, and we will continue to do so.

If you believe that you were mistreated by either or both of the UTPD officers, you may file a formal complaint by following the directives outlined in The University of Texas System Police Policies and Procedures Manual No. B-9. You can locate the entire policy at: http://www.utsystem.edu/pol/policies/B-9/%20Complaint%20Investigation.pdf

I earnestly hope that your next visit to the UT campus will be a more pleasant one.

Sincerely,

Pat Clubb, Ph. D.
Vice President for University Operations

cc: Mr. Jim Baker, Texas Athletics
Chief Robert Dahlstrom
Mr. DeLoss Dodds
Mr. Jeff Graves
President William Powers, Jr.