The Daily Texan 2019-04-01

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MONDAY, APRIL 1, 2019 volume 119 , issue 126

By London Gibson @thedailytexan

graphic by rena li, photos by the daily texan staff

he University of Texas, like many universities nationwide, is facing scrutiny for policies free speech advocates say stifle protected speech. Advocates say two policies in particular are vague and don’t comply with decades of Supreme Court precedents. Free speech advocacy organization Speech First filed a lawsuit against the University in December, claiming the school’s acceptable use and harassment policies are too vague and could prevent free discourse on campus. The organization advocates for free speech on college campuses nationwide. Speech First also filed a lawsuit, which is still pending, against the University of Michigan in May. The Foundation of Individual Rights in Education, or FIRE, agrees. FIRE gives UT a “red” rating for these policies, which places the school in the bottom 28% of universities in the country for freedom of speech. FIRE, in its 20th year of operation, analyzes the policies of almost 500 schools.

Speech First’s lawsuit

Speech First filed its lawsuit on behalf of unnamed students, faculty, parents and alumni who are unhappy with UT policies. One of those policies, the school’s Acceptable Use Policy, dictates what can and can’t be said on University computers. It requires users “Be civil. Do not send rude or harassing correspondence.” “This lawsuit was initiated because our members’ rights have been violated,” Speech First President Nicole Neily said in an email. “(The policies) encompass protected speech and expression, and there are a substantial number of instances in which those policies cannot be applied (consistently) with the First Amendment.” UT President Greg Fenves and Dean of Students Soncia Reagins-Lilly said in response to Speech First’s claims that they know of no incident where a student was sanctioned or investigated for protected free speech. But Laura Beltz, senior program officer for policy reform at FIRE, said as written, some of UT’s policies could be applied to prohibit some speech protected by the

These two (policies) were flagged because on their face, no matter how they’re applied, they include constitutionally protected free speech.” L A U R A B E LT Z

SENIOR PROGRAM OFFICER, POLICY REFORM, AT FIRE

First Amendment. She said the Acceptable Use Policy is one example. “‘Rude’ is such a vague term,” Beltz said. “It doesn’t have a legal definition, so you could really include any speech that someone subjectively finds rude. But even if someone finds an email rude, it’s still constitutionally protected.” Beltz suggested the policy be changed to only restrict speech that is actually illegal, such as true threats or defamation. The group also takes issue with the policy on Sex Discrimination, Sexual Harassment, Sexual Assault, Sexual Misconduct, Interpersonal Violence and Stalking. UT’s policy defines sexual harassment as “unwelcome conduct of a sexual nature.” Again, Beltz said this contradicts Supreme Court precedent that requires speech to be “severe, pervasive and objectively offensive.” The policy later defines harassment more specifically to include definitions of physical and verbal acts. But Beltz says because the initial definition of sexual harassment is so broad, it can be misleading. She said including the “severe, pervasive and objectively offensive” clause at the start would make the policy run more in line with the Court’s precedent. The lawsuit also critiques the University’s Residence Hall Manual for vague wording prohibiting “uncivil behavior” and the Campus Climate Response Team for vague definitions of “bias incidents.” University spokesperson J.B. Bird said the Speech First lawsuit does not showcase the school’s policies in their whole. “I think there’s very good evidence from what happens on campus that there is robust freedom of speech, and that we protect it very thoughtfully, proactively and conscientiously,” Bird said. “In fact, what we tend to receive is criticism from people who want to constrain free speech.” Although Beltz said changes to the policies would be pretty simple to make, and FIRE representatives have presented their suggestions to UT officials in the past, the policies remained unchanged. Bird said the University can change its policies and does so routinely. However, when asked if making these adjustments would be something the school would consider, Bird said the school first considers input from

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CLAIRE ALLBRIGHT NEWS EDITOR @THEDAILYTEXAN

MONDAY, APRIL 1, 2019

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anthony mireles | the daily texan file UT President Gregory Fenves is reviewing a proposal that would create a single athletics council with one student vote. Critics argue the proposal would reduce student influence on the council and athletics department.

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Proposed changes to athletics council could dilute student voices By Chase Karacostas @chasekaracostas

UT President Gregory Fenves is reviewing a proposal that some say would hurt student representation on the Intercollegiate Athletics Council, one of the most powerful advisory committees on campus. Students currently have one vote on each nine-member athletics council, one for men’s and one for women’s sports. Under the new proposal, the councils would combine into one 12-member entity with one student vote, mirroring the consolidation of the men’s and women’s athletics departments and giving faculty a greater voting stake. Other Big 12 and SEC schools by comparison all have 2 to 3 voting student members on their athletics councils. But current and former student members of the council said the bigger issue is changing the member-elect/ member system. The proposal eliminates the student member-elect, a non-voting member who attends meetings for

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multiple stakeholders, including students, staff and the state Legislature. “FIRE is one outside group, but there are other constituencies we are listening to as the University seeks to strike a balance for the best policies that vigorously protect free speech,” Bird said. Bird said the University is currently waiting for a judge’s response to Speech First’s request for preliminary injunction, which would prevent UT from acting on the policies in question until the lawsuit is settled.

Campus climate

Recent events — including last semester’s demonstration by the Young Conservatives of Texas supporting then-Supreme Court nominee Brett Kavanaugh — have created a dialogue among students about what kind of speech should be allowed on campus. Many criticized UT officials for allowing YCT to demonstrate. Sara Ross, a Plan II and social work sophomore, said she shouted in a YCT meeting the day after the Kavanaugh demonstration when one of the guest speakers made a rape joke on stage. Ross said the Office of the Dean of Students asked her to write an essay expressing regret about her actions. She appealed the essay and was later offered a different sanction, but said the University allowing YCT to show signs with statements such as “#MeToo gone too far” created a safety hazard for its students. “I saw a girl on the ground crying by their table because she was so triggered on her way to class,” Ross said. “UT put its students’ mental health and safety at risk by allowing YCT to threaten its students like that. I don’t think free speech should have to come at the cost of safety.” YCT Chairman Saurabh Sharma said just because

the first year in preparation for their term as the voting member. This reduces the influence student members have on the council and the athletics department. The council, created in 1905, typically discusses issues related to ticket prices, hiring coaches or other personnel, how many days student athletes can miss class for events and how to get students to attend more games. Most recently, the now-contiguous student section for football games at Darrel K Royal-Texas Memorial Stadium was proposed by student member Matt Offil. “It’s essentially cutting the number of student voices in the room in half,” said Offil, a mechanical engineering senior. “That’s concerning because students do a ton for the University. And everybody on the athletics council will agree that student input is incredibly important to them.” Offil and the other current member, Andrew Bramlett, said their years as a member-elect were helpful for learning the ropes and

making the most of their second years. In a letter obtained by The Daily Texan, student body president Colton Becker — who nominates the student members each year — said he agreed with combining the councils, but asked Fenves to keep the member-elect position. He also cited the use of the member-elect and member system for the University Co-op Board of Directors and the Student Services Budget Committee as examples of where the system works elsewhere at UT. Associate athletics director Chris Plonsky said part of the goal of the changes is to give faculty greater influence on the council by increasing their voting stake from 55% to 67%. But Becker wrote that keeping the student member-elect does not reduce faculty control because that person does not vote. “I sympathize with desire to have a more faculty controlled and simplified advisory body, especially given all the noise and scrutiny that surrounds our elite athletics program,”

Becker said in the letter that both Offil and Bramlett endorsed. “But even if students aren’t experts, we certainly create value for the council (and our athletics programs) and deserve more than a ceremonial voice at the table.” Plonsky said the changes aren’t meant to dilute student representation, but instead will make every person on the council a voting member. “We’ve never had any conversations about what I would call ‘elimination,’” Plonsky said. “This is all being done in the spirit of trying to create one uniform united council for athletics that is advisory to the president of which a student always will be a member.” Plonsky also noted the student position was the only position to have a member-elect/member system within the council, so it didn’t make sense to have one member with a training period when no others had that. Additionally, Offil and Bramlett expressed frustration with the changes because they felt like they came “out of the blue.” Both said they

didn’t know who proposed or supported eliminating the student member-elect position. Plonsky said the proposal was written by the University Policy Office after receiving input from the athletics department, the men’s and women’s councils and others involved in athletics, but that there was not a single person these ideas came from. Despite any issues with the process, Bramlett and Offil said they still felt supported by faculty members of the council and the athletics department, and simply want to maintain the status quo. “Having a voting and a non-voting (student) member doesn’t change the influence of faculty on the council,” Bramlett said. “It allows the student voice to be heard with more importance in a stronger way.” UT communications strategist Shilpa Bakre said the proposal is now under review by Fenves and that there is not yet a timeline on when it will be approved or sent back.

the organization’s rhetoric is different than other organizations on campus doesn’t mean it should be banned. “(YCT) is not similar to what other organizations do,” Sharma said. “It is in content, but it’s not in kind. Should it be treated differently? I don’t think so.”

The Chicago Statement

In February, UT System chancellor James Milliken said he is considering adopting the Chicago Statement, a set of free speech principles lauded by FIRE and other free speech organizations. The statement, a short list of free speech standards, would become a “clear and useful reflection” of the System’s commitment to free speech, but would not affect existing school policies, said System spokeswoman Karen Adler. Student Government passed a resolution in support of adopting the Chicago Statement in February, spearheaded by Lillian Bonin, YCT vice chairman and liberal arts representative. “The fact is, changing a policy doesn’t signal any sort of commitment by the University for freedom of speech,” Bonin, a government major, said. “It just signals that there was pressure for that to change. I want to spur the actual culture and thought process within the administration regarding free speech.” Communication studies professor Rod Hart has been working at UT since 1979, and studies civic participation. He said in the last few decades, he has seen people become more touchy on campus as differences between conservatives and liberal viewpoints grow starker. “I think the far right is angrier than they’ve ever been because they’re being so overwhelmed by the larger student body’s attitudes,” Hart said. “Knowledge is a process of giving and taking and throwing out the bad stuff and keeping the good stuff. And how do you know what the good stuff is and the bad stuff is, unless you have people arguing from multiple perspectives? It’s the essence of the academic mindset.”

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MONDAY, APRIL 1, 2019

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Family of cyclist killed in Capital Metro bus collision sues driver, her employers By Emily Hernandez @emilyhernandez

anthony mireles | the daily texan staff Government junior Connor Vanden Hoek, right, filed a complaint to the SG supreme court on Sunday against a bill authored by deputy director and communications studies sophomore Trip Davis, far left.

Student Government Supreme Court hears complaints on bill passage procedure By Hannah Ortega @thedailytexan

A Student Government Supreme Court hearing took place Sunday evening regarding Assembly Bill 16, which SG passed last Tuesday to establish Multicultural Engagement Center representatives. Government junior Connor Vanden Hoek filed a complaint about the passing procedure for the bill authored by deputy director Trip Davis, among others. Vanden Hoek is requesting the bill be declared unconstitutional. The bill would establish a year-long pilot program for the MEC representatives. Each MEC agency would be given one chair in the assembly. Vanden Hoek said there was confusion over what the phrase “two-thirds present” means under SG rules. Vanden Hoek said Robert’s Rules calls for a two-thirds present vote, which includes abstentions. The bill, however, was passed with a twothirds casted vote, which only includes ayes and nays. At last week’s meeting, the bill received 21 ayes, nine nays and six abstentions. This was enough favorable

votes to pass the bill under twothirds casted, but not under twothirds present. Communication studies sophomore Davis said he thought only ayes and nays needed to be counted. “The belief that I was under the impression of, and then that was implemented by the chair, was that in counting two-thirds in the SG assembly, you count the ayes and nays,” Davis said. “Had a question been asked by the assembly members, there could’ve been conversation or debate on that, but no questions were asked in regards to the vote until after the assembly had adjourned and then a complaint was filed with the Supreme Court.” Davis pointed out that Vanden Hoek had quoted the 4th Edition of Robert’s Rules. The parties involved were to use Robert’s Rules of Order Newly Revised 11th Edition. “I apologize for wasting a lot of time by not using the most up to date edition, but ... the 11th edition does say that abstentions have the same effect as a negative vote in cases of twothirds of those present,” Vanden Hoek said. Vanden Hoek was asked why

he did not object at the time of the vote on the bill, and he said he and his supporters “weren’t necessarily aware of the twothirds present at the time.” “It was just one of those small words that you didn’t think of necessarily,” Vanden Hoek said. “When the parliamentarian was the author of the bill and the speaker immediately hit the gavel saying it was approved, there wasn’t necessarily time to object nor was there necessarily the case of us being able to ... review those rules before the vote was confirmed.” Davis countered that there had been plenty of time, as the meeting continued for about an hour and that objections could have been raised at any time. Davis also voiced his support for precedent when it comes to passing legislation. “If there is a standing of where legislation that was not unanimous was passed and implemented, then either A) the precedent needs to be respected or, B) after a decision is reached here, then that decision needs to be applied to other pieces,” Davis said. A decision from the Supreme Court should come within the next few days.

The family of the cyclist killed in January on San Jacinto Boulevard is suing the Capital Metro bus driver charged with the man’s death and her employers. Cyclist Anthony John Diaz, 39, was dragged under a CapMetro bus and killed on Jan. 28 when bus driver Mindi Taylor Stafford, 40, “drove in a manner that was reckless and, in doing so, recklessly caused (his death),” according to Stafford’s arrest affidavit. Stafford was arrested and charged with manslaughter on March 12 by UT Police Department detectives. Diaz’s family is suing Stafford, Travis Transit Management and transportation company RATP Dev. USA for over $1 million, according to the lawsuit. CapMetro is not listed as a defendant. Travis Transit Management and RAPT Dev. USA hired and trained Stafford as a bus driver. The lawsuit cites information from Stafford’s arrest affidavit and a search warrant to explain her negligence in conduct during the incident. The lawsuit states Stafford had four prescription medications which listed dizziness

and drowsiness as side effects in her backpack and in her system, causing her to be impaired while operating the bus. Stafford failed part of a drug sobriety test taken after the collision, according to the lawsuit. The lawsuit also states video inside and outside of the bus show the bus leaving its lane and drifting into parking spaces where Diaz was riding, and says Stafford appeared to be “oblivious to her surroundings (and) did not appear to react to her passengers’ warnings.” The bus’s on-board accelerometer shows Stafford did not apply the brakes until after she hit Diaz, coming to a stop 110 feet after the collision. Stafford’s conduct is described in the lawsuit as going “beyond mere negligence and falls into the category of gross negligence” because of her recklessness in operating the bus. Jeremy Levine, the Diaz family’s attorney, said Stafford’s conduct is gross negligence because it was preventable. “(The defendants) created a dangerous situation that could have been prevented,” Levine said. “That’s the tragedy of this case. (Diaz) was riding his bike on the UT campus, by all indications, was where he was

supposed to be, passengers on the bus saw, warned (Stafford) apparently that she was swerving and she hit him. She could have hit a UT student. She could have hit anybody. She unfortunately hit Tony Diaz.” In Stafford’s arrest affidavit, she stated that at the time of the crash, she was trying to avoid hitting other cars in the road and did not see Diaz until it was too late. She also stated Diaz entered her lane and he should have been in the bicycle lane. Video from the surrounding area shows no traffic and a well-lit road at the time of the incident. There are also no bicycle lanes along San Jacinto Boulevard. The video shows Diaz riding as close to the curb as possible with reflective gear on his bicycle and helmet, and he was visible from the bus’s front camera before the crash, according to the affidavit. Stafford was charged with manslaughter, a second-degree felony. Her court date is set for April 12. Levine said the goal of the lawsuit is to help get justice for Diaz’s family and ensure this incident will not happen again. “Bringing light to some of these policies and procedures is important for the safety of the UT community (and) for the safety of the community at large,” Levine said.

joshua guenther | the daily texan file Cyclist Anthony John Diaz, 39, was dragged under a CapMetro bus and killed on Jan. 28. Diaz’s family is suing the bus driver charged with his death and the driver’s employers.

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LIZA ANDERSON EDITOR-IN-CHIEF @TEXANOPINION

MONDAY, APRIL 1, 2019

By Jennifer Liu Forum Editor

The University of Texas system is a giant entity in both the number of academic institutions it oversees — fourteen — and the endowment it receives — $31 billion, second only

to Harvard. This money is largely generated by University Lands, 2.1 million acres of oilrich land in West Texas. Yet, in context of the current climate crisis, the role that fossil fuels and fracking play in supporting this endowment has become especially relevant. A recent article published by the Daily Texan Editorial Board describes some of the pressure critics

have placed on the system to pull away from this controversial practice. For this week’s Forum, Mark Houser, the CEO of University Lands, details the importance of these West Texas lands. Jon Olson, professor and chair of UT’s Hildebrand Department of Petroleum and Geosystems Engineering, argues that fracking is key to keeping education

affordable. Jackson Bicart, an international relations and global studies senior, and Andrew Costigan, an educational psychology graduate student, urge the UT System to reconsider the sustainability of its actions. As always, if you have thoughts on this topic or any other, please feel free to reach out to us at thedailytexanforum@gmail.com.

GUEST COLUMN

It’s time for the UT System to divest from fossil fuels By Jackson Bicart and Andrew Costigan Forum Contributors

The University of Texas System is making money. A lot of it. Several recent articles by the Texan covered recent growth of our endowment fund to $31 billion, surpassing Yale to rival only Harvard in size. The UT Investment Management Company, created by the Board of Regents in 1996, has achieved huge year-over-year growth in our endowment funds led by Thomas Britt Harris IV. We know that much of this wealth is gained from investments in fossil fuels, but are we okay with what that means for UT’s environmental impact? UT’s relationship with the fossil fuel industry should not be a surprise as the flagship institution of a state famous for its oil boom. Today, perhaps the most prominent leadership figure connected to oil and gas and the UT System is Kelcy Warren, who is awaiting Senate confirmation to the Board of Regents following his appointment by Gov. Greg Abbott. Warren is the founder and CEO of Energy Transfer Partners — responsible for the Dakota Access Pipeline routed through disputed indigenous lands, sacred sites and underneath Lake Oahe, the primary source of

water for the Standing Rock Sioux and millions of people downstream. Despite a historic display of peaceful resistance and solidarity among hundreds of Native and Indigenous communities at Standing Rock, Energy Transfer Partner — in collaboration with local, state and federal police, as well as private security forces — proceeded with the pipeline’s construction anyway. While this recent episode, which gained international attention, signals Warren’s strong commitment to fossil fuel interests, he is not alone among UT System leaders and key decision makers with ties to the industry. Other regents, members of UT’s Investment Management Company Board and UT Administration have ties to fossil fuel industries, and Exxon, ConocoPhillips and British Petroleum sit as elite level donors to McCombs school, among others. Beyond the administration and donors, the UT endowment funds are loaded with fossil fuels investments across the world. Among the listed investments in public audits are numerous domestic and international petroleum companies, oil field services providers and coal-burning energy providers. Beyond the directly visible, untold investments in fossil fuels lie within hedge funds under layers of privacy. All told, it is fair to say that directly within our investment

portfolio lies tens of millions of dollars wrapped up in fossil fuels, directly contributing to our worsening climate crisis. We see a similar disregard for the environment in UT’s land usage. Millions each year are made leasing University Lands in West Texas to fracking and drilling under the direction of Mark Houser, himself a former energy executive. So, what is the responsibility of our University in a time of climate crisis? As a top-tier modern university, dedicated to high quality education and research, the UT community should reflect seriously its relationship with the fossil fuel industry. From a moral angle, with conservative estimates giving us 12 years to fully address the existing causes of excessive carbon emissions, we must act to reduce our part in global emissions if we say we take the health of the environment seriously. Financially, as climate change worsens and green technology continues to improve, this is in fact a sound investment that will allow our endowment funds to continue to grow. A meaningful first step in committing to sustainable investment practices is signing on to the United Nations’ Principles of Responsible Investment initiative that assists institutions in centering environmentally and socially conscious investments. Without enforcement and oversight by both the

student body and administration themselves, this would not go far enough. Over the next few years, we must begin to take the prospect of fully divesting the UT system’s financial assets from fossil fuels seriously. Endowment funds, land, donorships — all of it. This is not without precedent. Many schools and institutions across the country and world have begun to take such action. These successes were not without conflict between students and administrations, but the result has been a growing tide of divestment across American universities. To achieve this at UT will require mass movement by both students and faculty alike. As is clear from the appointment of Regent Warren, the statehouse and financial interests stand starkly against any movement towards divestment. It must be asserted that as students and workers within the University System we have a right to assert by what principles and ethical standards we invest our endowment. If we in the Heart of Texas can stand up to fossil fuels, students all over the country will see that a sustainable future is possible. What starts here can change the world or it can help destroy it. We must decide which. Bicart is an international relations and global studies junior. Costigan is an educational psychology graduate student.

GUEST COLUMN

Hydraulic fracturing key to educational affordability By Jon Olson

Forum Contributor

Since 1839, University Lands have been held for the economic benefit of the University of Texas and Texas A&M Systems. The lands generate income through a variety of pursuits, including grazing, wind power and solar power. By far, oil and gas production is the most lucrative endeavor. Fiscal year 2018 revenue to the Permanent University Fund totaled approximately $887 million of which more than 90 percent came from minerals (oil and gas) royalty. The support from the Permanent University Fund and Available University Fund are key to making the high quality education of the UT and A&M Systems some of the most affordable in the country. There have been questions about the need for hydraulic fracturing in relation to University Lands’ oil and gas operations. It is important to recognize that without it, there would be no shale development, which would erase the 10 year oil and gas production boom in Texas and in the U.S. This would

significantly limit the income coming from University Lands, and overall oil and gas production in the United States would be cut by more than half. Lowering production rates in the United States would not result in a lack of consumption of oil and gas — it would simply mean more imports and higher prices. A decade ago, the U.S. imported over 65% of its oil. Now the Energy Information Agency projects we will be a net exporter of oil by 2021. This is a great benefit to our economy, relieving supply pressures in the Texas and world markets, as well as to University Lands royalty income. Given the key role of fracturing in oil and gas production in the United States and on University Lands, its economic benefits should be without question. However, we should still ask whether hydraulic fracturing is sustainable and responsible. I would say that the answer is yes. Society has co-existed with, and benefited from, oil and gas operations for more than 100 years, and technology is constantly shrinking the industry’s environmental footprint. Environmental performance has not been degraded by the introduction of hydraulic fracturing and horizontal wells, but

the oil and gas activity has significantly increased. Consequently, it is the responsibility of mineral rights owners, operators, regulators, and citizens to do their best to protect all of our natural resources. These energy resources enable our high standard of living in this country. For example, fresh water supply demands are being reduced by recycling and fracturing fluids technology development that allows the use of undrinkable brackish water for fracturing. Groundwater contamination risks are not higher in fractured wells than in conventional oil and gas wells, because the wellbore construction through aquifers is the same in both cases. It should be acknowledged that best practices, encouraged through responsible regulation, have kept contamination incidents to a minimum. On air quality, University Lands has worked with the Environmental Defense Fund and its operators to promote best practices related to methane leaks, resulting in methane emissions reductions while oil production increases. Another example of a University Lands environmental incentive is the fact that, unlike many lease owners, it requires operators to pay royalties on

flared gas. This is a powerful financial incentive for operators to minimize flaring, which not only causes unnecessary emissions but wastes energy resources. There have been small, but detectable, earthquakes in North Texas and Oklahoma linked primarily to produced water injection wells, but collaboration between University researchers, regulators and producers have resulted in reduced seismicity. Continuing efforts are focused on addressing rising activity in West Texas, spearheaded in part by state and industry funded efforts at UT Austin in the form of TexNet and the Center for Integrated Seismicity Research. In the end, University Lands cannot force its operators to use a particular procedure, but as a responsible landowning entity, it can incentivize its operators to adopt best practices. These involve adopting methods that maximize the value of the resource for Texas academic institutions as well as promoting sustainable processes and responsible environmental stewardship. Olson is a professor and chair of UT’s Hildebrand Department of Petroleum and Geosystems Engineering

GUEST COLUMN

University Lands: A blessing to the state of Texas By Mark Houser Forum Contributor

University Lands is one of our state’s most important and enduring competitive advantages, and the revenue stream it produces is unlike any other in American higher education. According to the UT System Permanent University Fund, “In 1876, the Texas Constitution set aside land in West Texas to support the University of Texas and Texas A&M systems.” Today, these lands — spanning 2.1 million acres across 19 counties of West Texas — are leased to oil and gas companies. These companies drill wells, and revenue is deposited into the Permanent University Fund and then distributed to all 14 UT System institutions and 10 A&M institutions and agencies. In the last 10 years, more than $2.6 billion have gone to UT’s academic and health institutions to fund dozens of capital projects that support life-changing research that leads to better treatments for deadly diseases and new discoveries that improve our quality of life. These projects include UT Austin’s Dell Medical School and the rebuilding of the Marine Science Institute in Port Aransas, which was heavily damaged by Hurricane Harvey in 2017. Permanent University Fund revenue has also been used to recruit and retain nationally renowned faculty and build much needed classrooms and labs so that UT students receive a top-quality education.

As one of Texas’ largest land and mineral management organizations, University Lands is proud to support UT and A&M while helping to responsibly meet the world’s growing demand for low-cost energy. Because University Lands must continue to serve future generations, we strive to be a leader in environmental stewardship and set the standard for best land and mineral management practices across the state. Recognizing greenhouse gas emissions have generated increasing concern in recent years, we believe that strong environmental safeguards and policies must be adopted and followed. We are committed to improving operator performance in this area and are actively working to reduce methane emissions on University Lands. To that end, University Lands’ operating requirements meet or exceed state and federal regulations, and we work closely with agencies including the Railroad Commission of Texas, Texas Commission on Environmental Quality, Texas Parks and Wildlife Department and the U.S. Fish and Wildlife Service to ensure compliance and best practices. University Lands leases include multiple provisions not required by the government to protect the natural resources of West Texas, and in recent years, University Lands increased unannounced physical lease inspections and now completes hundreds of

LEGALESE | Opinions expressed in The Daily Texan are those of the editor, the Editorial Board or the writer of the article. They are not necessarily those of the UT administration, the Board of Regents or the Texas Student Media Board of Operating Trustees.

inspections annually. In 2018, University Lands announced an Environmental Stewardship Incentives Program, which provides $1 million in matching funds to encourage operators to install up-to-date emissions equipment. Furthermore, University Lands recently announced its alignment with The Environmental Partnership and is encouraging operators to commit to ambitious emissions reduction goals, which can be found at theenvironmentalpartnership.org. These efforts combined with those of the operators are making an impact. In the Permian Basin, where most of University Lands acreage is located, emissions continue to decline. Specific to operations on University Lands, the latest EPA data indicates that emissions have decreased 24% while production increased by 21% since 2014. This performance is expected to improve even further with industry-led technology efforts and improvements

in infrastructure. While the bulk of revenue is generated from oil and gas activity, our work goes far beyond hydrocarbons. These lands are home to extensive ranching and grazing operations. They supply clean drinking water for local communities and, as part of our recent focus on renewable energy, will soon be home to as many as 80,000 acres of solar panels and wind turbines that will power places like the City of Austin. University Lands’ prudent management of commercial activities occurring on the lands is essential to the past, present and future of Texas higher education. For more than a century, University Lands has benefited the great state of Texas and also enabled access to low-cost energy for millions of Americans and the rest of the world. Care of this invaluable asset — which includes air quality — is a top priority for University Lands and the UT System, and it will always be our mission to protect these lands to ensure they support UT and A&M institutions for generations to come. Houser is the CEO of University Lands.

alexandra vanderhider

SUBMIT A FIRING LINE | Email your Firing Lines to editor@dailytexanonline.com. Letters must be more than 100 and fewer than 300 words. The Texan reserves the right to edit all submissions for brevity, clarity and liability.

| the daily texan staff

RECYCLE | Please recycle this copy of The Daily Texan. Place the paper in one of the recycling bins on campus or back in the burnt-orange newsstand where you found it. EDITORIAL TWITTER | Follow The Daily Texan Editorial Board on Twitter (@TexanOpinion) and receive updates on our latest editorials and columns.


5

TIANA WOODARD & JORDYN ZITMAN LIFE & ARTS EDITORS @THEDAILYTEXAN

MONDAY, APRIL 1, 2019

STUDENT LIFE

MUSIC

Students choose vapes, E-cigs over cigarettes

Beatnik Bandits play in Austin for fan exposure By Trinady Joslin @trinady05

alekka hernandez

| the daily texan file

of retweets.” Matthew Olson, the alcohol and other drug counseling program coordinator at the Counseling and Mental Health The alleyways between UT Center, said cigarette use has buildings are grave sites for ciga more negative stigma today arette butts, but invisible vapor compared to past decades. from E-cigarettes hangs in the “A lot of the myths around air as well. cigarette use have been disUT has been a smoke-free pelled widely to the point where campus since 2012. Many stunot many people smoking cigadents are unaware the policy rettes are like, ‘There’s nothing includes E-cigarettes such as harmful about this,’” Olson said. JUULs, which enables a campus “They have an awareness that culture more tolerant of vaping, it’s unhealthy.” theater education sophomore Olson said research on E-cigEric Ramirez said. The Univerarettes needs to catch up to the sity of Texas-Austin Executive fast-growing popularity of vapSummary, a health survey of UT ing over cigarettes. students, shows a decrease in “If all we’ve done is unintencigarette use and an increase in tionally created this void that’s E-cigarette use in students from being filled through E-ciga2015 to 2017. rettes, then you’re like, ‘What do “I understood (the policy) as we do now?’” Olson said. tobacco-free, so in my mind the Students may be more inJUUL was allowed,” Ramirez clined to call out a smoker on said. “I hit my JUUL in front of campus, Olson said, because it my professors.” For Ramirez and accounting is more noticeable and judged than vaping. sophomore Robert Rota, the “A kid in my management policy had minimal impact on class was charging his JUUL on their nicotine dependencies. his computer right in front of “Cigarettes (are) proven to thekeep teacher,” Rotaconnected said. f--up your lungs and yellow Texas Student Media will you Rota said he is in the process your teeth,” Ramirez said. “Peowith links the sports and culture of quitting vaping. He gave away ple justdaily feel safer with to vape, so news, shaping community. hisUT JUUL and said he now feels much sostories people are posting the temptation when at parties or videos of them doing tricks and then getting thousands after meals.

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“It’s way too much money,” Rota said. “It can be up to 20 bucks a pack for the JUUL. You can go through a pod a day or more. (It’s) five bucks a day just for something stupid like that.” One 5-percent-strength JUUL pod has the nicotine equivalence of a pack of cigarettes. “I smoke every time I’m about to study,” Ramirez said. “It keeps me focused — keeps me going. I can’t do without it.” State lawmakers recently filed a bill to raise the legal purchase and consumption age for nicotine products from 18 to 21. Olson said raising the age requirement can facilitate the formation of a black market for nicotine products, and brain development at age 18 versus age 21 doesn’t differ greatly. “If you were saying the legal age right now is 13 and we’re going to change that to 23, I could more safely assume that (would be beneficial), because your brain typically stops developing in your mid 20s,” Olson said. Whether vaping or smoking tobacco, the common denominator is nicotine, Olson said. “A dependency on any substance — it could be caffeine (or) it could be heroin — is inherently unhealthy,” Olson said.

Folking around on Speedway, Christian Sparks and the Beatnik Bandits handed out flyers to promote their upcoming show. Strumming on guitars and drumming on a box drum, members played original songs and covers to attract attention. In August 2016, Christian Sparks and Hunter Lenington formed a rock and roll folk band. From there, the two recruited Samuel Bassett and Will Clegg. They began trying to break into the Austin music scene by playing on high traffic streets around campus, such as Speedway. “We were like, ‘Let’s just go out and play on the streets,’” Sparks said. “We went from there (and) decided to start busking together for fun.” Busking, Sparks said, is using acoustic instruments to perform on the streets. The Beatnik Bandits have received mixed reactions from passersby. “We’re out there playing on the street and people give us dirty looks and other people are like, ‘Oh my God, this is awesome,’” Lenington said. “You really don’t know what you’re gonna get.” Clegg said the band works to find the balance between being courteous while still working to gain exposure and attention. “We busk anywhere we (don’t) get kicked off,” Sparks said. “We would go to the River Walk in San Antonio or UT and play on campus.” Lenington said while the band originated in San Marcos and has a fan base at Texas State, the Beatnik Bandits hope to expand and become an Austin band. “We had such a good reaction in San Marcos that we kind of wanted to ride that wave as long as we could,” Sparks said. While Sparks said their Texas State fans understand the band wants to perform

more in Austin, Lenington said their Instagram page may say otherwise. “Our Texas State fans comment on our photos and say, ‘Come back to Texas State, why are you at UT?’” Lenington said. Fans aren’t the only ones missing the members of the Beatnik Bandits. Before joining the band, Bassett played in another San Marcos band, and they’re still waiting on him to return. “I was like, ‘I’m gonna go play with (Sparks and Lenington) and try to learn stuff and bring it back to you all,’ and I just never went back to them,” Bassett said. “We had a few discussions that were heated, so we broke up.” Calling the previous band his “side band,” Bassett said the energy and drive from the Beatnik Bandits was the

deciding factor. The group talks about their long term goals regularly, Bassett said. While they’ve achieved some of their previous goals, Basset said the band is still working towards playing a sold-out show. “One of the silly things we say is we want to have Gucci belts,” Bassett said. “I want one for the heck of it, but I want to earn it myself.” For now, Christian Sparks and the Beatnik Bandits will continue to folk around until they can flex in the big leagues. “Even if it’s a tiny venue, the ability to make something and show it to someone is what I love about playing music,” Clegg said. “It’s your baby and you show it to other people and if they enjoy it, that’s really f---ing cool.”

copyright ricky molnar, and reproduced with permission From left to right: Hunter Lenington, Christian Sparks, Will Clegg and Samuel Bassett busk on campus to promote their shows.

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MONDAY, APRIL 1, 2019

SUDOKUFORYOU

Today’s solution will appear here next issue

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7

ROSS BURKHART SPORTS EDITOR @TEXANSPORTS

MONDAY, APRIL 1, 2019

MEN’S TRACK & FIELD

Mile-high moment for Worley

Longhorns wrap up Texas Relays with inspiring performance from Worley. By Myah Taylor @t_myah

he Texas Relays began on Wednesday, but Saturday afternoon – the last day of competition was when the action really got started. With crowds filling the stands, Mike A. Myers Stadium was alive and so was the meet, which was characterized by fast running, high flying, Olympian sightings and a lot of wind. In their home stadium, two Longhorn men — John Burt and Sam Worley — turned in inspired performances that they hope act as pictures of what is to come. Right before the mile, Worley warmed up on the sidelines. “Let’s go, Sam Worley!” a crowd of blue yelled from the bleachers. The encouragement was enough to poke through Worley’s pre-race stare. He even cracked a smile. Once the race began, Worley got off to a conservative start. Not wanting to take his chances in the windy conditions, he trailed the competition in a patient third place. But by the last lap or so, Worley positioned himself in front, gradually building up more momentum. “Going (into) the last 600, I knew I needed to close the gap on the guy in the front,” Worley said. “I made the move up the home stretch and caught him with 400 to go. I knew that was the moment where I had to be

eddie gaspar | the daily texan staff Distance runner Sam Worley throws up the horns sign after crossing the finish line at the Mike A. Myers Stadium on Saturday at the 92nd Clyde Littlefield Texas Relays.

decisive and just go for it so (that) no one would be sitting on me.” As his teammate Alex Rogers did yesterday evening, Worley threw up the Longhorn hand gesture once he crossed the finish line as the race winner. On his home turf, the crowd went wild. “(Being at home) is incredibly special,” Worley said. “It’s awesome just having all of my family here, all the teammates … the home crowd, the city

of Austin behind you … It’s just awesome.” The average person runs a mile in seven to 10 minutes, but for Worley, covering that distance takes around four, sometimes less. Part of the exclusive sub four-minute mile club, Worley had the fastest time in the field. While the runner recorded a “slower” 4:04.59 today, he thinks he can keep shaving time off his personal best of 3:57.98. “Capturing that barrier is

big,” Worley said. “But it just makes me want to go faster.” Worley’s stellar performance came after John Burt’s solid third-place finish in the 110 meter hurdles. Looking at the jumbotron after crossing the finish line, Burt clapped and jumped up and down once he saw his time and his placement. “I would’ve liked to finish first,” Burt said. “That was only my second 110 race of the year, so I kinda had high expectations for myself. But I

think I can walk away pretty satisfied today. (The race) shows that I’m right in the mix (for nationals).” Burt, Worley and the Texas men hope to use their performances this weekend as stepping stones to nationals in June. Also hosted at Mike A. Myers Stadium, the NCAA Championships will be much hotter. But, as many Longhorns demonstrated at this week’s Texas Relays, weather isn’t a factor with victory in mind.

WOMEN’S TRACK & FIELD

SOFTBALL

Daniels, Longhorns secure five wins overall during Texas Relays

Texas Softball rebounds with series finale win over Oklahoma State By Marcus Krum @MarcusKrum

eddie gaspar | the daily texan staff Distance runner Gabby Crank sprints down the backstretch at the 92nd Clyde Littlefield Texas Relays on Saturday.

By Brooke Nevins @brooke_nevins

An ever-enthusiastic crowd spilled into the Mike A. Myers Stadium one last time on Saturday to witness the Texas Relays’ final showcase of elite competition. Over the course of four days, the Texas track & field women racked up five wins, including two new school records. Samantha Shulhan, Valery Tobias, Jaylene Vu and Gabby Crank of the women’s 4x800-meter relay began the day for the Longhorns, fighting to finish fourth with a time of 8:56.91. The team was led by Crank, who had a dominating performance in both the sprint and distance medley relays on Friday. The senior made up on lost ground to work her way from last to third during her leg before passing the baton to Vu. “I’m so proud of all three of these (girls),” Crank said. “It’s their first time wearing the burnt (orange), competing on our home track and it’s definitely a lot of pressure but they stepped up.” In her first collegiate relays appearance, Tobias noted the dynamic nature of the home

crowd and its influence on her performance. “It was such a confidence booster to have everyone here, people in burnt (orange),” Tobias said. “You don’t even know them and they’re cheering for you. It’s great to have that system of support.”

It’s their first time wearing burnt (orange), competing on our home track it’s definitely a lot of pressure but they stepped up.” GABBY CRANK DISTANCE

After setting a qualifying time in the prelims on Friday, Kynnedy Flannel finished second overall in the 100-meter dash with a time of 11.16 seconds. Following their victorious

performance in Friday’s distance medley relay, Destiny Collins and Alex Cruz returned to the track Saturday for the 1,500-meter race. Collins set a personal record with a time of 4:23.09 to take third and Cruz placed seventh with a time of 4:27.44. The Texas women had a strong presence in the 200-meter dash invitational, where Teahna Daniels claimed first place, Serenity Douglas third and Kennedy Simon fourth. On the field, Elena Bruckner landed second in shot put with a throw of 16.58m. She also placed second in the discus event with a personal record mark of 57.40m/188-4. The women concluded their relays performance in style with the 4x400-meter relay, where Flannel, Mariam Abdul-Rashid, Douglas and Zola Golden finished in 3:35.24 to take third place. The 2019 Texas Relays saw 45,753 total spectators gather to watch over 7,000 collegiate, high school and international athletes perform in the stadium which will also host the NCAA Outdoor National Championships in June. Now, the Longhorns set their sights on the Reveille Invitational held on April 6 in College Station.

The start of conference play may be a “new season,” but the first road games in conference are a whole different animal. That sentiment was made loud and clear to the Longhorns this weekend in Stillwater. In the first Big 12 out-ofstate road trip of the year, the Longhorns were shutout for both the first and second times this year on Friday and Saturday. Pitcher and designated player Miranda Elish powered the Longhorns to a Sunday victory over No. 21/16 Oklahoma State to avoid being swept, but not before two of Texas’ toughest losses of the season. After a weekend where the Texas offense ran out to a hot start in conference play at home against Iowa State, the bats fell ice cold in each of the first two matchups against the Cowgirls. Elish, who has gotten even stronger in the circle as the season has gone on, got the start Friday and continued her stretch of great pitching performances. Her first six innings, she shut out Oklahoma State, but a walk and an error to start the seventh

inning was all they needed to rally. The Cowgirls scored on a fielder’s choice to win the game, leaving the only run scored in a 1-0 game an unearned one. “The difference in the series was that Friday night game,” Texas head coach Mike White said during a postgame radio interview. “(Saturday’s) game, you can’t get two wins from that game, so the difference (in losing Friday’s game) was one series win.” Although it’s true that Oklahoma State didn’t win two games on Saturday, it may as well have felt like it. The Cowgirls held nothing back in the series’ second matchup, blowing out the Longhorns 8-0. Pitcher Shealyn O’Leary entered the game with an NCAA-leading 0.45 ERA. Yet she struggled Saturday and threw just 1.1 innings, allowing two earned runs. Pitchers Brooke Bolinger and Ariana Adams each came into the game in relief and each had their own problems. The Cowgirls ended the game early, run-ruling Texas in just five innings. “We needed to break this,” White said. “We’ll get the momentum back in our favor, and we needed to come back

with a big win just to give us some confidence.” The Longhorns got exactly what they needed on Sunday. They salvaged the final game in Stillwater, with another phenomenal performance from Elish to end the trip on a high note. Elish threw a complete game, allowing three runs and helping her own cause at the plate, smashing a homer well over the wall in left-center. Maybe her energy on the rubber is just as important. By the end of the game, every strike had Elish animated as she capped it with a strikeout with the tying run on base that sealed the win. “She was looking great,” catcher Mary Iakopo said during a postgame interview with Fox Sports. “She was out there competing, that’s the old Miranda out there today. We’re just glad she was there.” The win saved what could have been a disastrous first road test in conference play. Instead, Texas came out with plenty of room for improvement but momentum swung in its favor. “It’s a big win, being on the road,” Iakopo said. “Finally got our first on the road win in conference, so that’s just a good thing for us as a team.”

ryan lam | the daily texan file Pitcher Miranda Elish delivers her pitch on March 11 against Texas A&M-Corpus Christi at the Red and Charline McCombs field.


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