Facility Use Policy: Difference between revisions

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''Number from Table of Contents''
University Policy 104
== Introduction ==
This policy is adopted for the orderly use of University facilities and property by University
departments, recognized student clubs and organizations, University affiliated groups and persons, and
non-University affiliated groups and organizations and persons, as well as to establish parameters and
procedures governing the distribution of printed materials on property owned or controlled by
Appalachian State University.


Recognizing that its support derives in large part from public funds, Appalachian State University is committed to making its facilities and property as readily available for use by groups and individuals as is consistent with its educational mission, its duties as a custodian of State resources, and its responsibility to consider the welfare of its students, faculty, staff, and visitors. Consistent with its educational mission, the University encourages the free exchange of ideas on campus, while assuring that other important University interests and activities are not infringed upon or disrupted.
== 1. Purpose ==


Practical as well as legal considerations dictate the formulation and publication of a written policy detailing the conditions of such availability. The intent of the document which follows is to provide for access on a basis which is both clearly defined and in the best interests of each of the constituencies to whom Appalachian State University is obligated by law and tradition.
1.1 The purpose of the Facilities at Appalachian State University (the “University”) is to support the educational mission and strategic goals of the University. The Facilities are available primarily for programs offered by and intended for the University community. As a public institution, the University also seeks to reach out and be accessible to the larger community. To the extent that a Facility is available, the University welcomes community groups and organizations to utilize limited, designated Facilities for purposes compatible with the University’s mission and strategic goals.


== Scope ==
1.2 The purpose of this policy is to set priorities for Facility Use and define scheduling procedures associated with event management and Facility Use. Activities shall in no way violate the purposes, property, policies, procedures, or regulations of the University or federal and state laws. All organizations are expected to follow the rules and regulations governing the particular Facility being used.


1.3 Permission to use a Facility does not imply endorsement, sponsorship, or support by the University of the views, opinions, or programs of the users or speakers.


== Definitions ==
== 2. Scope ==
; University
: refers to Appalachian State University.
; Student clubs and organizations
: are organizations comprised of Appalachian State University students and recognized by the University through its formal recognition procedures.
; University departments
: are budgetary units of Appalachian State University.
; University affiliated organizations
: include all official University committees, special committees, groups, and task forces supported directly by the University; the Appalachian State University Foundation, Inc. and the Appalachian State University Alumni Association.
; Non University affiliated organizations
: include all groups or organizations which are not directly supported by the University or are not recognized student organizations.
; Fund raising
: includes the charging of admission, solicitation for funds, sales, or donations in any form by a recognized student club or organization, University affiliated organization, or a non-University affiliated organization.
; Solicitation
: is defined as any effort or attempt to: (a) importune, entreat, implore, ask, attempt to try to obtain an order or to invite business transaction for a product offered or being sold; (b) seek orders, subscriptions, political or charitable contributions, or any other kind of financial support; or (3) distribute literature, hand-bills, samples, or other printed material for the purpose of advertising products, services, or other commercial enterprises to members of the University community.
; A solicitor
: is defined as any person or entity who engages or attempts or seeks to engage in solicitation, as defined above.
; Peaceful Assembly
: is the use of university facilities for the purpose of conducting a lawful assembly, rally, or demonstration not involving conduct or the encouragement of conduct that violates or would violate the law or policies of the University.
; Public speaking
: is the use of University facilities for the purpose of orally and publicly communicating, informing, educating, or conveying an idea, concept, principle, belief, etc., to one or more other persons, other than in conversation.
; Public speaker
: is a person who engages in or seeks to engage in public speaking, as defined above.
; Public
: is defined as open to attendance by any individual or group and not limited solely to members of a recognized student club or organization, University department, or University affiliated organization.
; Not for profit organizations
: are non University affiliated organizations for which contributions are tax deductible.
; Facilities
: are defined as buildings and grounds owned or controlled by the University. Excluded from this policy are properties owned or controlled by the Appalachian State University Foundation, Inc. or the Board of Trustees of the Endowment Fund of Appalachian State University unless these facilities are in use principally for support of student activities or academic programs.
; Division of the University
: is a group of University departments organized around a particular function. There are four divisions of the University: Academic Affairs, Business Affairs, Student Development, and University Advancement.
; Unscheduled Public Speaking Areas
: are areas on campus at which the University permits assemblies and gatherings of affiliated and non-affiliated persons and groups without prior  approval, for noncommercial purposes, on a first-come first-served basis, unless the use of such area(s) has been previously scheduled pursuant to  other provisions of this Policy. Currently, such Unscheduled Public Speaking Areas include Sanford Mall, Durham Park, the Duck Pond Field behind  Trivette Hall, and the open-air amphitheater adjacent to the Plemmons Student Union.
; Unlawful conduct
: is conduct that is prohibited by Federal, State, or local law or regulation, or that violates one or more rights of a person or entity under the  common law of North Carolina.
; State law
: for purposes of this Policy is North Carolina law potentially applicable to expressive conduct, both common law (including, but not limited to, the  law of defamation and infliction of emotional distress) and statutory law, including, but not limited to: N.C.G.S. § 14-190.1 (obscene literature and exhibitions); N.C.G.S. § 14-190-13 (definitions for certain offenses concerning minors); N.C.G.S. § 14-190.14 (distributing material harmful to minors); N.C.G.S. § 14-190.15 (disseminating harmful material to minors); N.C.G.S. § 14-288.4 (disorderly conduct); N.C.G.S. § 14-144 (defacing buildings); N.C.G.S. § 14-132 (disorderly conduct in and injuries to public buildings and facilities); N.C.G.S. § 14-145 (unlawful posting of advertisements); N.C.G.S. § 14-159.12 (first degree trespass); N.C.G.S. § 14-159.13 (second degree trespass); N.C.G.S. § 14-10 (prohibiting disguises in certain circumstances); N.C.G.S. § 14-394 (anonymous threatening or disgrace-causing writings); and N.C.G.S. § 14-35 (hazing).
; Graffiti
: for purposes of this policy, includes all forms of writing, lettering, drawing, tagging, marking, or painting on objects, buildings, walls, or any other surfaces, whether mobile or stationary.


== Policy and Procedure Statements  ==
2.1 This policy applies to all groups and individuals using any and all Facilities owned, leased, or under the authority of the University.


=== General Policy ===
== 3. Definitions ==
Use of University facilities and grounds is governed by the laws of the State of North Carolina. Policies and guidelines have been established to ensure compliance with these laws, their consistent application, and the orderly use of these facilities within the resources and mission of the University.
University facilities exist to accomplish the educational objectives and programs of the University. University departments, divisions of the University, University affiliated organizations and recognized student organizations are granted use of these facilities for educational, cultural, developmental, and social programs and activities within the guidelines of this policy. Departments and divisions of the University shall have priority in the use of University facilities. Recognized student organizations and University affiliated organizations shall have priority in use over non University organizations and persons.


Appalachian State University recognizes the value of providing students, faculty, staff and others the opportunity to assemble and communicate with one another outside the classroom setting, as well as to distribute informative printed material to members of the University community. The University is committed to protecting First Amendment rights of individuals and will afford reasonable opportunity for people to distribute printed materials and to engage in other forms of expression and assembly on campus. Except with respect to commercial expression, and expression (e.g., obscenity, defamation, fighting words, harassment) which the Supreme Court has held constitutes "constitutionally proscribable content," see, e.g., R. A. V. v. City of St. Paul, 505 U.S. 377, 382-86, 390-92 (1992), the University will not make decisions or take  actions based on the content of printed materials distributed on campus. However, the University reserves the right to place restrictions, unrelated to the content of noncommercial expression, on the time, place and manner of the use of campus facilities, including the distribution of printed material on campus.
3.1 '''Assigned Space:''' Space for which a University Unit has been delegated the responsibility to administer and schedule.  Assigned Space may include, but is not limited to:  conference rooms, offices, lounges, foyers, reservable outdoor spaces, high traffic outdoor space for ingress/egress, and designated non-instructional laboratories and/or buildings. All indoor space shall be Assigned Space.  


Normally no fee is charged for the use of facilities by University departments or divisions of the University, University related organizations, or recognized student clubs and organizations, except for facilities that are receipt supported. In these facilities, a user fee may be charged, (e.g., Broyhill Inn, Legends).
3.2 '''Extension Activities:''' Activities that extend the University’s mission beyond the traditional academic classroom, including academic clubs, recruiting Events, and guest speaker Events.


Non University affiliated groups that are educational, governmental, community, or charitable organizations may be granted permission to use University facilities to sponsor educational, governmental, community, or charitable programs on a single event basis.
3.3 '''Facility:''' Any building, structure, ground, sidewalk, recreation area, and street considered to be part of Appalachian State University campus, owned, leased or under the authority of the University.
Programs by these organizations must be co-sponsored by a University affiliated organization or department with a logical relationship to the sponsored program. In all cases, these organizations are required to reimburse the University for the costs of utilities, custodial services, and other direct and indirect costs, except where the function serves the primary purpose of recruiting new students to the University.


No person associated with the University in any capacity shall use for his or her own financial benefit or any other personal purposes University facilities or property, except as specifically authorized by this policy. No University facilities or property may be used by a commercial enterprise or other non University affiliated organization for profit except as provided for in Section 9 of this policy. No person affiliated with the University in any capacity shall sponsor or act as an agent for any non University affiliated commercial enterprise or individual to gain for that organization or individual benefits or access limited to University affiliated organizations, University departments, or recognized student clubs and organizations. Except as provided in Section 9 of this policy, University facilities are normally not made available for private use by individuals or commercial enterprises.
3.4 '''Fronting:''' The person or organization making a reservation or using University Facilities is not the primary beneficiary of the Use, but the Use is in fact for the primary benefit of a different person or organization.


Facilities utilized shall be appropriate to the requirements of the function concerning staging, anticipated audience, and similar concerns. Administrative offices responsible for the facility to be used will exercise caution in long-range advanced scheduling that may pre-empt the University's teaching, scholarship, co-curricular, or service functions. The University reserves the right to cancel reservations for prescheduled non University affiliated organizations when they conflict with functions central to the educational mission of the University.
3.5 '''Guest:''' A person, group, club, or other organization that is invited to engage in activities on University property, sponsored by the University. Guests may be removed from campus at any time.


During periods when the University is not officially in session, the University's use of facilities is diminished. This reduced demand will be considered in reviewing requests for use during these periods.
3.6 '''Instructional Space:''' Space in which classes are regularly scheduled. This includes general use classrooms, laboratories, and related space designed for instructional purposes.


Permitted use of facilities shall be subject to all other applicable Appalachian State University policies, including, but not limited to, policies regulating social events, fund raising by student clubs and organizations, and events at which alcoholic beverages are to be consumed.
3.7 '''Non-University Groups:''' Any prospective group not specifically defined by this policy. Groups include individual groups, not-for-profit organizations (must have a 501(c)(3) letter on file to be considered a not-for-profit group), or for-profit organizations.


University officials reserve the right immediately to terminate any use of University facilities if, in the judgment of those officials, continuation of such use will result in: (a) danger to participants or others; (b) unlawful conduct by participants or others; or (c) interference with disruption or disturbance of the University's educational mission, operations, business, or functions.  
3.8 '''Residential Space:''' Space that supports the on-campus residential program.


The University will require that any group or entity that has secured approval and scheduling with respect to its proposed use of University facilities or property also secure approval from the Appalachian State University Police Department to ensure that sufficient police support is available.
3.9 '''Responsible Administrator:''' The Chancellor, Vice Chancellor, or designee with administrative responsibility and specific accountability for the Use of the University Facility as designated in the University’s space scheduling system.


Approved and scheduled uses of University facilities or property may occur only on the approved location, and failure to limit an approved or scheduled use to the approved location may be deemed trespassing.
3.10 '''Recognized Student Organization:''' A student group or organization that is registered with University Campus Activities in accordance with approved University policies.


Promotional materials or other publicity concerning any approved and scheduled use of University facilities or property must clearly disclose: (a) the nature, subject matter, and purpose of the use (e.g., event, solicitation, speech, rally, etc.); (b) the identity of the sponsoring entity; and (c) the identity of all other groups or entities involved in or benefitting from the use.
3.11 '''Support Services:''' Any service provided by a University or non-University entity specifically required to support an Event.  Such services may include but are not limited to food service, parking, background checks, police and public safety, security, meeting space, technical support (audiovisual, lighting, etc.) and table, chair, tent or other equipment rental.


Distribution of literature or printed materials in connection with any approved and scheduled use of University facilities or property is subject to the applicable provisions of Section 10.6 below. Requests for approval to distribute literature or printed materials must be obtained from the office,
3.12 '''University-Associated Entity:''' A not-for-profit organization established and approved as a recognized University Associated Entity in accordance with the University of North Carolina System policy whose primary purpose is to support the University, including the Appalachian State University Foundation and the Board of Trustees of the Endowment Fund of Appalachian State University.
identified in Section 14 below, to which the request to use University facilities or property must be submitted.


Specifically authorized under this policy, with no requirement to obtain permission, is any canvassing, selling, or soliciting (not inconsistent with any provisions of law or with the University's policies and purposes) wherein representatives of educational supply firms (including, but not limited to, publishers of academic books, manufacturers of laboratory, educational or office equipment, and suppliers of the student stores), contact members of the University faculty or staff as a routine and
3.13 '''University-Sponsored Group:''' A group sponsored by a University Unit or University-Associated Entity. Sponsorship requires the assumption of financial responsibility for event or Use -related costs including damage assessments and requires approval by the Responsible Administrator.
necessary part of the University's normal activities.


=== Criteria for Scheduled University Facility Usage ===
3.14 '''University Unit:''' An administrative or academic unit within the University, staffed by University employees acting within the scope of their employment. Also included in this group are the intercollegiate athletic department and teams, university committees, task forces, governance bodies, and councils.
The general criteria for scheduled uses of University facilities shall include the following:
* The function is compatible with the mission of the University.
* The function can be adequately supported by available facilities, personnel, and resources.
* The function is compatible with the purpose of the sponsoring group or organization.
* The function is sponsored by or co-sponsored with a University affiliated organization with a logical relationship to the sponsored activity.


=== Use of University Grounds and Exterior Facilities ===
3.15 '''Use:''' An individual or group’s presence, occupancy, activity, or event, in or upon the University's Facilities, which may be referenced in this policy as “Event”.
Because the use of University grounds or any exterior facilities presents the possibility of disturbance to normal University activities and damage to University property, the criteria governing the use of exterior space shall include, but not be limited to, the following:
* No permanent or semi-permanent structure may be constructed or placed for any activity in these spaces, except upon authorization by the Vice Chancellor for Business Affairs or the Vice Chancellor for Student Development (for student groups, clubs and organizations) or their designees.
* No activities may be held if they render a space unsatisfactory for use in its normal or primary function or conflict with any activity previously scheduled according to this policy or with normal or scheduled University activities.
* Graffiti, as defined in Section 2.19 above, may not be affixed or applied to any University building, facility, or other property, with the sole exception of the interior walls and ceiling of the tunnel under Rivers Street. Any other application of graffiti to any University property, including to the handrails and floor inside the tunnel under Rivers street or on the stairs or exterior walls leading to that tunnel, will be deemed a violation of State law and/or University policy, including but not limited to N.C.G.S. § 14-132 (injuries to public buildings and facilities), N.C.G.S. § 14-144 (defacing or damaging houses or other buildings), and/or the Appalachian State University Code of Student Conduct, Section 402k (vandalism, malicious destruction, damage, misuse or abuse of public or private property).
* No public address or amplifying system may be used at any time in any open space without written approval in advance from the appropriate vice chancellor or director by reporting relationship. Use of sound amplification equipment must comply with the University's and the City of Boone's noise regulations.
* Users, including sponsoring organizations, are responsible for the cleanliness and order of all open spaces following their use. Users will be billed for cleanup that they do not adequately complete themselves.
* All activities or events must be conducted in such a manner that campus pedestrian traffic and vehicular traffic are not impeded and that members of the University community who are not participating in the activity or event may proceed with their normal activities. Individuals who engage in unlawful conduct while participating in or attending such activities or events will be subject to arrest. In addition, University employees engaging in conduct violating law or University policy will be subject to applicable disciplinary sanctions, and students engaging in such conduct will be subject to the imposition of sanctions under the Appalachian State University Code of Student Conduct.


=== Use of Facilities by University Departments and Divisions ===
== 4. Policy Statements ==
University departments and divisions shall be given priority for the use of University facilities and property.


University departments and divisions may charge admission, sell goods, and collect funds consistent with state law and their mission and purposes, subject to the consent of the appropriate vice chancellor, dean, director, or designee by reporting division.
'''4.1 General Provisions'''


=== Use of Facilities by Recognized Student Clubs, and Organizations and University Affiliated Organizations ===
4.1.1 Responsibility for scheduling Use of Facilities is delegated to University Events Scheduling and Communications in accordance with the Procedures for Facility Use Policy and with the following exceptions:
<ol style="list-style-type:lower-alpha">
<li>The scheduling of Instructional Space for academic courses and/or course-related activities, which is delegated to the Office of the Registrar;</li>
<li>The scheduling of Assigned Space that is delegated to a specific University Unit;</li>
<li>The scheduling of Residential Space, which is delegated to the Director of University Housing; and</li>
<li>The scheduling of Facility Use by any Non-University Group, which is delegated to University Conference and Event Services, unless the Facility is Assigned Space that has been otherwise delegated to a specific University Unit.</li>
</ol>


Costs and damages incidental to the use of a facility under this policy shall be borne by the organization using the facility. As a condition of use, the user organization may be required to provide satisfactory assurance of financial responsibility to the University.
4.1.2 All Use of Facilities, including Use of Assigned Space, must be recorded in the University space scheduling system and approved by the Responsible Administrator. Questions regarding campus gatherings, reservations, and other Use of Facilities shall be routed to the Chief of Police and the Responsible Administrator. Space reservations, including use of Assigned Space, must be made at least twenty-four hours in advance of Use. This record will assist Support Service units in their efforts to communicate emergency messages as well as meeting locations to University Guests, when necessary.  It will also provide information on the availability and use patterns of Facilities.  It is the responsibility of all University Units to make information regarding the planned usage of their space accessible to other groups. Support Services for large gatherings, may include the need for identified safety personnel.


When no admission is charged and there is no type of fund or commercial or charitable solicitation of any kind from those in attendance, approval may be granted to recognized student clubs and organizations and University affiliated organizations for the sponsorship of programs of an educational, cultural, entertainment, social, co-curricular, athletic, or developmental purpose.
4.1.3 Any Facility Use or Events that meet any of the following criteria must be coordinated through University Conference and Event Services:
<ol style="list-style-type:lower-alpha">
<li>Summer camps;</li>
<li>Events or Uses involving minors; and</li>
<li>Events or Uses involving more than one Facility.</li>
</ol>


Recognized student clubs and organizations may conduct fund-raising events involving the sale of goods, services, subscriptions, tickets, and the like only with the written approval of the Director of the Center for Student Involvement and Leadership or the Director's designee. University affiliated organizations may conduct the same type of fund raising events with the approval of the appropriate vice chancellor. Approval shall be granted by the appropriate vice chancellor or designate only if all of the requirements of this policy are met and provided that the affiliated group agrees to all of the following special conditions:
4.1.4 Events that are scheduled for any academic year prior to the official release of athletic schedules for competitions that occur in Facilities used to host intercollegiate athletic contests may be subject to cancellation, rescheduling, or relocation at the University’s discretion.  If it is determined that University Units cannot support both events, NCAA intercollegiate athletic contests will have priority and other events may be asked to reschedule or relocate.
* The primary purpose of such fund raising shall be to raise money for the benefit of the club, organization, or affiliated group, the University community, or for the benefit of a charitable group sponsored by the affiliated group.
* All fund raising activity for such events shall be conducted by members of the club, organization, or affiliated group.
* The fund raising promotional materials used by the affiliated group may acknowledge the assistance or contribution of a non University affiliated group, but no promotional material or activity shall be conducted in such a manner as to extend to a non University affiliated group the benefits established for University affiliated groups.
* In multi-group fund raising, each participating group shall be required to comply fully with this policy.
* When fund raising events are held, the sponsoring organization may be required to reimburse the University for custodial services and other direct costs. Such  reimbursement may be in the form of a user fee. The director or dean responsible for the facility to be used shall make this judgment, subject to review by the appropriate vice chancellor or director.
* The University reserves the right to audit all proceeds from any fund raising events conducted on campus by recognized student clubs and organizations or University affiliated organizations.


No student club or organization, nor University affiliated organization, will enter into a contract with an individual or commercial enterprise for use of University facilities.
4.1.5 Once reserved, the Facility Use will generally not be rescheduled or moved.  However, the University reserves the right to move any group or individual to another Facility or reschedule that Use to accommodate the needs of groups assigned a higher use priority by this policy.  In the event the University moves or reschedules the Use, the University will provide a reasonably similar location or time for that Use and will provide notification and explanation of the reason for the change.  The University will not move or reschedule a Use based on the content or viewpoint of the Use or based on reactions to the Use.


The following policies and procedures apply to events by recognized student clubs and organizations conducting fund raising events on or off campus:
4.1.6 A reserved Use shall have priority over any unscheduled Use, even when reserving space is not required by this policy.
* Except with respect to solicitation permitted under Section 8.3, Section 9.7, and Section 11, only recognized student clubs and organizations can solicit from students on the Appalachian State University campus.
* The sponsoring club or organization is responsible for compliance with all University rules, local ordinances and State laws governing solicitation.
* All solicitation by recognized student clubs and organizations must be registered with and be approved by the Center for Student Involvement and Leadership one week (five working days) in advance. A fund raising form (available in the Center for Student Involvement and Leadership) must be completed and approved to register any fund raising event. Upon approval, the Center for Student Involvement and Leadership will issue a solicitation permit to the President or Treasurer of the requesting club or organization.
* Solicitation for funds by recognized student clubs and organizations may take place on campus with approval. Examples of locations where such solicitation may be approved include: Student Union, academic buildings, residence hall lobbies, cafeteria lobby, Varsity Gym lobby, Brewer Stadium (outside entrance gates) and Sanford Mall.
* The Center for Student Involvement and Leadership will not approve any request that includes door-to-door solicitation in the residence halls.
* Solicitation in classroom building lobbies is prohibited unless it is approved by the Vice Chancellor for Academic Affairs or designee or the appropriate academic dean responsible for the facility.
* No individual student will be allowed to solicit for profit except through the use of the Student Union Information Board. Students may use this space to advertise the sale of used personal items.
* Any recognized student club or organization that violates this solicitation and fund raising policy will be subject to disciplinary action by the Club Council. Any individual who violates this policy will be subject to disciplinary action under applicable rules and regulations.
* The Center for Student Involvement and Leadership will provide operating procedures and other information regarding the fund raising and soliciting by recognized student clubs and organizations.
* Because of the necessity for the Appalachian Popular Programming Society (A.P.P.S.) to collect and solicit funds from students on a regular basis, this organization shall function under University policy within the guidelines established for the Plemmons Student Union.
* Nothing in this section shall be construed to prohibit the governing body of a residence hall or Appalachian Popular Programming Society from authorizing and conducting the sale of refreshments in connection with residence hall or A.P.P.S. program activities, such as a special social or athletic event, for the purpose of providing refreshments at cost.


=== Use of University Facilities by Not for Profit, Non University Affiliated Organizations ===
4.1.7 Camping, including any overnight sleeping in non-Residential Space (such as vehicles, tents, hammocks, buildings, etc.), or overnight gatherings in Facilities that are not Residential Spaces are not permitted without prior written approval as provided in Section 4.1.2.
Costs and damages incidental to the use of a facility under this policy, whether or not caused by a member or members of the organization, shall be borne by the organization using the facility. As a condition of use, the user organization may be required to provide satisfactory assurance of financial responsibility to the University and enter into a written facilities use agreement.


The following provisions apply when no admission is charged and there is no type of fund solicitation of any kind from those in attendance:
4.1.8 Fronting is prohibited. If it is determined that a person or group is Fronting for a different person or organization, the Use or event may be canceled immediately. If it is discovered after the fact that a member of the University community fronted for a group or organization, both will be liable for fees and damages created as a result of the Use or Event, including preparation for that Use or Event.
* Permission may be granted for the sponsorship of educational or charitable programs for the benefit of the general student body of the University or the larger community.
* The University shall be reimbursed for the cost of utilities, janitorial services and other direct and indirect costs incurred in connection with the program. Such reimbursement may be in the form of a user fee.
* The University department responsible for the facility to be used will be responsible for coordinating and making provisions for control of traffic, parking, crowd management, janitorial services and other services related to the use of the facility. Any special charges or fees associated with this arrangement will be included in the user fee.
* An outline of crowd management procedures shall be submitted by the user when deemed appropriate by University departments responsible for the facility to be used.


When admission is charged or solicitation for funds in any form is made from those in attendance, the University shall be reimbursed for the fair market value of the facility for the period of its use and any additional period during which it is reserved for use, or the cost of utilities, custodial services and other expenses incurred in connection with the program, whichever is greater. Such reimbursement may take the form of a user fee.
4.1.9 Outdoor assemblies or Events may not take place within fifty (50) feet of any Facility without prior written approval as provided in Section 4.1.2, except as otherwise provided under applicable University Policy, including Policy 106.2 Tailgating. No assembly or Event may be conducted if it interferes University activities, including disruption of the academic, teaching, research, and service mission of the University.


When net proceeds of fund raising exceed expenditures, the University, through the department responsible for the facility, reserves the right to share in a negotiated percentage of these proceeds.
'''4.2 Priorities in the Scheduling of Space by Groups'''


The University department responsible for the facility to be used will be responsible for coordinating and making provisions through University police for control of traffic, parking, crowd management, janitorial services and other services related to the use of the facility. Any special charges or fees associated with these arrangements will be included in the user fee.
4.2.1 Instructional Space Scheduling
: An outline of crowd management procedures shall be submitted by the user when deemed appropriate by the University department responsible for the facility to be used.
<ol style="list-style-type:lower-alpha">
<li>Consistent with the University’s mission, academic classes, research, and Extension Activities will have the highest priority for the Use of Instructional Space.  The University Unit that is primarily assigned to the Instructional Space has priority over other University Units and activities.</li>
<li>A University Unit’s Use for activities other than academic classes, research, and Extension Activities, will have the next highest priority in the use of Instructional Space.</li>
<li>Recognized Student Organizations and University students will have the next highest priority.</li>
<li>University-Associated Entities will have the next highest priority.</li>
<li>University-Sponsored Groups will have the next highest priority.</li>
<li>Non-University Groups will have the lowest priority.</li>
</ol>


The University reserves the right to audit the proceeds from any fund raising event to ensure compliance with applicable University and State policies.
4.2.2 Student Affairs Space Scheduling
<ol style="list-style-type:lower-alpha">
<li>Student Affairs is responsible for scheduling the following Facilities: Plemmons Student Union.</li>
<li>Recognized Student Organizations and University students will have the highest priority for the Use of the Student Affairs Facilities.</li>
<li>University Units will have the next highest priority.</li>
<li>University-Associated Entities will have the next highest priority.</li>
<li>University-Sponsored Groups will have the next highest priority.</li>
<li>Non-University Groups will have the lowest priority.</li>
</ol>


Except as herein provided, non University affiliated individuals and organizations are prohibited from canvassing, selling, offering for sale, soliciting, or promoting the sale of any goods or services in University facilities or on University property except under the conditions specified in Section 4.7, below.
4.2.3 University Units funded from sources other than state appropriations may set their own priorities for Facilities other than Instructional Space and Student Affairs Facilities.


=== Use of Selected University Facilities by Non University Affiliated Organizations, University Departments and Divisions, and University Affiliated Organizations ===
'''4.3 Activity Not Requiring Reservations or Approval'''


The following special policies are to apply to the use of athletic facilities and other special properties described herein:
4.3.1 Unscheduled Uses may occur by Recognized Student Organizations, University students, and University employees provided that the Use does not interfere with University activities or any events or functions for which the occupied Facility has been reserved in advance. Recognized Student Organizations, University students, and University employees should make reasonable effort to notify the Responsible Administrator as promptly as possible for unscheduled Uses such that the University may be able to facilitate the provision of Support Services.
* When the University is in session, use of athletic facilities by non University affiliated organizations, University departments and divisions, University affiliated organizations, and recognized student clubs and organizations may be permitted, with the approval of the Athletic Department. The Athletic Department and the Office of Student Programs will coordinate in scheduling programs or entertainment events that may conflict.
* When the University is not in session, use of athletic facilities may be permitted to these same groups in accordance with restrictions that will ensure the best interests of the University.
* Administrators responsible for the Student Union, University Bookstore, Camp Broadstone, Farthing Auditorium, the New York Loft, the Appalachian House, Rosen Concert Hall, Broyhill Inn and Conference Center, the George C. Holmes Convocation Center, Quinn Center, Legends, the Broome-Kirk and Varsity Gymnasia, Valborg Theatre, I.G. Greer Arena Theatre, and Owens Field House shall establish policies and procedures for the use of these facilities consistent with this policy and the purposes and intent of these programs and facilities. These procedures and policies shall be subject to the approval of the appropriate vice chancellor or director in the division to which the facility or program reports.
* These facilities shall be used principally to advance the educational, cultural, developmental, physical, and social program objectives of the University.
* These facilities may be used by University departments and divisions, recognized student clubs and organizations, University affiliated organizations, and University affiliated individuals; and, on a limited, single event basis, by non University affiliated organizations, individuals, and commercial enterprises.
* A written facilities use agreement shall be used when facilities are made available to non University affiliated organizations, individuals, or commercial enterprises. The person or group using the facility must pay all direct and indirect costs associated with use. This charge may be in the form of a user fee.
* When admission is charged, goods are sold, or solicitation for funds in any form is made in these facilities by an individual, commercial enterprise, or non University affiliated organization, the University shall charge user fees, and shall receive at least 15% of the net proceeds from admission charges or other solicitation.
* The University reserves the right to audit the proceeds from any event to ensure compliance with applicable University and State policies.


=== Distribution of Printed Materials ===
4.3.2 To avoid space conflicts, however, all individuals and groups on campus are urged to reserve space for such its Use through University Events Scheduling and Communications. A group that has reserved such space shall have exclusive use during the period of the reservation.
The University distinguishes between noncommercial printed material, the primary purpose of which is to inform or educate members of the University community, and commercial printed material. The University reserves the right to limit or deny the distribution of material that is intended to solicit the purchase of or investment in goods, services, real property, or other commercial materials.


Any individual or group, whether affiliated with the University or not, may distribute at any open, exterior campus space, the use of which is not otherwise restricted or scheduled under this Policy, without registration or advance approval, any written materials on the condition that such materials are informational and not for commercial purposes.
4.3.3 All such Use must be conducted under the following conditions:
<ol style="list-style-type:lower-alpha">
<li>Without sound or light amplification unless coordinated with University Events Scheduling and Communications prior to the Event or Use;</li>
<li>In a manner such that regular instructional activities are not disrupted;</li>
<li>In a place at least five feet away from a street curb and in a manner such that campus pedestrian and automobile traffic are unimpeded; and</li>
<li>In a manner such that members of the University community not participating in the Use may proceed with their normal activities and are not unreasonably disrupted in their offices and classrooms.</li>
</ol>


Publications of University-affiliated groups may be distributed or sold at any open, exterior campus space, the use of which is not otherwise restricted or scheduled under this Policy, without registration or advance approval.
'''4.4 Exceptions:''' The University may make exceptions to this policy, but only where doing so significantly furthers the University’s mission.  Any request for an exception must be sponsored by a University Unit and must clearly demonstrate how granting the exception will significantly further the University’s mission.  Any such exceptions must be approved by a Vice Chancellor or a Vice Provost or their designee.


Printed material distributed on campus, including printed material distributed pursuant to Section 4 must bear the name of the organization on whose behalf the material is being distributed.
'''4.5 Enforcement:''' Failure to adhere to this policy may result in one or more of the following sanctions:
<ol style="list-style-type:lower-alpha">
<li>Formal warning letter;</li>
<li>Loss of future Use of University Facilities;</li>
<li>Loss of future opportunities for formal sponsorship activity;</li>
<li>Loss of future opportunities to sign sponsorship agreements with student organizations;</li>
<li>Loss of opportunities to sign future contracts with the University; and</li>
<li>Loss of access to University-sponsored events.</li>
</ol>


Like any other use of University facilities governed by this Policy, the distribution of printed materials, including printed material distributed pursuant to Section 10.6, is subject to the provisions of Section 5.
Violation of state or federal law in the course of utilizing University Facilities as contemplated herein will result in a referral to Student Conduct and/or Human Resources and may result in disciplinary action up to and including expulsion, suspension, termination, or trespass from University property.


Distribution of printed material, other than material distributed pursuant to Sections 10.2 and 10.3, above, is subject to the procedures set out below. Approval to distribute printed materials on campus pursuant to these procedures shall be given for a specific period of time at specific location(s) and such written approval shall specify the means by which the information will be distributed.
== Administrative Unit Contact ==


Businesses and other commercial enterprises wishing to distribute literature on campus should contact the Office of Business Affairs.
Office of Student Affairs<br>
[https://studentaffairs.appstate.edu Student Affairs]<br>
828-262-2060


Students, student organizations, and other University-affiliated groups wishing to post or distribute noncommercial printed material in the University residence halls should contact the Office of Residence Life. Distribution of commercial materials and materials from non-University affiliated groups or individuals is not permitted in University residence halls.
Office of Academic Affairs<br>
[https://academicaffairs.appstate.edu Academic Affairs]<br>
828-262-2070


The Appalachian State University Post Office has established its own procedure for the distribution of printed material to students in Appalachian State University mail boxes. Groups, entities, or individuals seeking distribution to students through the University Post Office should contact that office.
Appalachian Department of Public Safety<br>
[https://police.appstate.edu Appalachian Department of  Public Safety]<br>
828-262-2150


A group or an individual may request a contact table, a designated place to hand information to people on campus, or approval to place printed materials in a specific location on campus in a rack or other container.
== History ==


A written request for approval to distribute printed materials pursuant to these procedures must be submitted to the appropriate office. The request must include proposed distribution points, time of distribution, and the manner in which the material will be distributed.
'''Issued:'''


The appropriate office for seeking approval to distribute printed materials in connection with an intended use of University facilities or property for which approval must be obtained shall be the office identified in this Policy as the office from which to seek approval for the use of the University facility or facilities.
September 22, 2004


All printed materials to be left in the open for distribution pursuant to Section 10.6.4 must be placed in racks or display cases that are: (1) designed specifically for the purpose of distributing such materials; and (2) approved by appropriate University officials. It is the responsibility of the individual or group granted approval for such distribution to maintain these racks, including updating the materials regularly and disposing of materials properly. Approval to place material in racks will be given for a specific time period.
'''Revised:'''


The supervisor of each building or area where the publisher wishes to display materials will have the authority to designate where racks may be placed and additional expectations for upkeep. It is understood that publications cannot be excluded by facility managers because the content may be objectionable to that individual. As stated above, the University will not seek to exercise control over the content of printed materials or other communication, except expression (e.g., obscenity, defamation,
January 22, 2015<br>
fighting words, harassment) which the Supreme Court has held constitutes "constitutionally proscribable content," see, e.g., R. A. V. v. City of St. Paul, 505 U.S. 377, 382-86, 390-92 (1992).
September 23, 2016<br>
June 21, 2017<br>
August 18, 2017<br>
September 30, 2020<br>
October 26, 2022<br>
October 10, 2023<br>
May 1, 2024<br>
December 10, 2024


The University reserves the right to withdraw approval for distribution any time for reasons including, but not limited to, publishers not fulfilling expectations, changing facility needs, and policy changes.
[[Category:Contents]]
 
[[Category:Governance and Administration]]
== Additional References ==
 
== Authority ==
 
 
== Contact Information ==
 
 
== Effective Date ==
 
== Revision Dates ==

Latest revision as of 15:52, 13 December 2024

University Policy 104

1. Purpose

1.1 The purpose of the Facilities at Appalachian State University (the “University”) is to support the educational mission and strategic goals of the University. The Facilities are available primarily for programs offered by and intended for the University community. As a public institution, the University also seeks to reach out and be accessible to the larger community. To the extent that a Facility is available, the University welcomes community groups and organizations to utilize limited, designated Facilities for purposes compatible with the University’s mission and strategic goals.

1.2 The purpose of this policy is to set priorities for Facility Use and define scheduling procedures associated with event management and Facility Use. Activities shall in no way violate the purposes, property, policies, procedures, or regulations of the University or federal and state laws. All organizations are expected to follow the rules and regulations governing the particular Facility being used.

1.3 Permission to use a Facility does not imply endorsement, sponsorship, or support by the University of the views, opinions, or programs of the users or speakers.

2. Scope

2.1 This policy applies to all groups and individuals using any and all Facilities owned, leased, or under the authority of the University.

3. Definitions

3.1 Assigned Space: Space for which a University Unit has been delegated the responsibility to administer and schedule. Assigned Space may include, but is not limited to: conference rooms, offices, lounges, foyers, reservable outdoor spaces, high traffic outdoor space for ingress/egress, and designated non-instructional laboratories and/or buildings. All indoor space shall be Assigned Space.

3.2 Extension Activities: Activities that extend the University’s mission beyond the traditional academic classroom, including academic clubs, recruiting Events, and guest speaker Events.

3.3 Facility: Any building, structure, ground, sidewalk, recreation area, and street considered to be part of Appalachian State University campus, owned, leased or under the authority of the University.

3.4 Fronting: The person or organization making a reservation or using University Facilities is not the primary beneficiary of the Use, but the Use is in fact for the primary benefit of a different person or organization.

3.5 Guest: A person, group, club, or other organization that is invited to engage in activities on University property, sponsored by the University. Guests may be removed from campus at any time.

3.6 Instructional Space: Space in which classes are regularly scheduled. This includes general use classrooms, laboratories, and related space designed for instructional purposes.

3.7 Non-University Groups: Any prospective group not specifically defined by this policy. Groups include individual groups, not-for-profit organizations (must have a 501(c)(3) letter on file to be considered a not-for-profit group), or for-profit organizations.

3.8 Residential Space: Space that supports the on-campus residential program.

3.9 Responsible Administrator: The Chancellor, Vice Chancellor, or designee with administrative responsibility and specific accountability for the Use of the University Facility as designated in the University’s space scheduling system.

3.10 Recognized Student Organization: A student group or organization that is registered with University Campus Activities in accordance with approved University policies.

3.11 Support Services: Any service provided by a University or non-University entity specifically required to support an Event. Such services may include but are not limited to food service, parking, background checks, police and public safety, security, meeting space, technical support (audiovisual, lighting, etc.) and table, chair, tent or other equipment rental.

3.12 University-Associated Entity: A not-for-profit organization established and approved as a recognized University Associated Entity in accordance with the University of North Carolina System policy whose primary purpose is to support the University, including the Appalachian State University Foundation and the Board of Trustees of the Endowment Fund of Appalachian State University.

3.13 University-Sponsored Group: A group sponsored by a University Unit or University-Associated Entity. Sponsorship requires the assumption of financial responsibility for event or Use -related costs including damage assessments and requires approval by the Responsible Administrator.

3.14 University Unit: An administrative or academic unit within the University, staffed by University employees acting within the scope of their employment. Also included in this group are the intercollegiate athletic department and teams, university committees, task forces, governance bodies, and councils.

3.15 Use: An individual or group’s presence, occupancy, activity, or event, in or upon the University's Facilities, which may be referenced in this policy as “Event”.

4. Policy Statements

4.1 General Provisions

4.1.1 Responsibility for scheduling Use of Facilities is delegated to University Events Scheduling and Communications in accordance with the Procedures for Facility Use Policy and with the following exceptions:

  1. The scheduling of Instructional Space for academic courses and/or course-related activities, which is delegated to the Office of the Registrar;
  2. The scheduling of Assigned Space that is delegated to a specific University Unit;
  3. The scheduling of Residential Space, which is delegated to the Director of University Housing; and
  4. The scheduling of Facility Use by any Non-University Group, which is delegated to University Conference and Event Services, unless the Facility is Assigned Space that has been otherwise delegated to a specific University Unit.

4.1.2 All Use of Facilities, including Use of Assigned Space, must be recorded in the University space scheduling system and approved by the Responsible Administrator. Questions regarding campus gatherings, reservations, and other Use of Facilities shall be routed to the Chief of Police and the Responsible Administrator. Space reservations, including use of Assigned Space, must be made at least twenty-four hours in advance of Use. This record will assist Support Service units in their efforts to communicate emergency messages as well as meeting locations to University Guests, when necessary. It will also provide information on the availability and use patterns of Facilities. It is the responsibility of all University Units to make information regarding the planned usage of their space accessible to other groups. Support Services for large gatherings, may include the need for identified safety personnel.

4.1.3 Any Facility Use or Events that meet any of the following criteria must be coordinated through University Conference and Event Services:

  1. Summer camps;
  2. Events or Uses involving minors; and
  3. Events or Uses involving more than one Facility.

4.1.4 Events that are scheduled for any academic year prior to the official release of athletic schedules for competitions that occur in Facilities used to host intercollegiate athletic contests may be subject to cancellation, rescheduling, or relocation at the University’s discretion. If it is determined that University Units cannot support both events, NCAA intercollegiate athletic contests will have priority and other events may be asked to reschedule or relocate.

4.1.5 Once reserved, the Facility Use will generally not be rescheduled or moved. However, the University reserves the right to move any group or individual to another Facility or reschedule that Use to accommodate the needs of groups assigned a higher use priority by this policy. In the event the University moves or reschedules the Use, the University will provide a reasonably similar location or time for that Use and will provide notification and explanation of the reason for the change. The University will not move or reschedule a Use based on the content or viewpoint of the Use or based on reactions to the Use.

4.1.6 A reserved Use shall have priority over any unscheduled Use, even when reserving space is not required by this policy.

4.1.7 Camping, including any overnight sleeping in non-Residential Space (such as vehicles, tents, hammocks, buildings, etc.), or overnight gatherings in Facilities that are not Residential Spaces are not permitted without prior written approval as provided in Section 4.1.2.

4.1.8 Fronting is prohibited. If it is determined that a person or group is Fronting for a different person or organization, the Use or event may be canceled immediately. If it is discovered after the fact that a member of the University community fronted for a group or organization, both will be liable for fees and damages created as a result of the Use or Event, including preparation for that Use or Event.

4.1.9 Outdoor assemblies or Events may not take place within fifty (50) feet of any Facility without prior written approval as provided in Section 4.1.2, except as otherwise provided under applicable University Policy, including Policy 106.2 Tailgating. No assembly or Event may be conducted if it interferes University activities, including disruption of the academic, teaching, research, and service mission of the University.

4.2 Priorities in the Scheduling of Space by Groups

4.2.1 Instructional Space Scheduling

  1. Consistent with the University’s mission, academic classes, research, and Extension Activities will have the highest priority for the Use of Instructional Space. The University Unit that is primarily assigned to the Instructional Space has priority over other University Units and activities.
  2. A University Unit’s Use for activities other than academic classes, research, and Extension Activities, will have the next highest priority in the use of Instructional Space.
  3. Recognized Student Organizations and University students will have the next highest priority.
  4. University-Associated Entities will have the next highest priority.
  5. University-Sponsored Groups will have the next highest priority.
  6. Non-University Groups will have the lowest priority.

4.2.2 Student Affairs Space Scheduling

  1. Student Affairs is responsible for scheduling the following Facilities: Plemmons Student Union.
  2. Recognized Student Organizations and University students will have the highest priority for the Use of the Student Affairs Facilities.
  3. University Units will have the next highest priority.
  4. University-Associated Entities will have the next highest priority.
  5. University-Sponsored Groups will have the next highest priority.
  6. Non-University Groups will have the lowest priority.

4.2.3 University Units funded from sources other than state appropriations may set their own priorities for Facilities other than Instructional Space and Student Affairs Facilities.

4.3 Activity Not Requiring Reservations or Approval

4.3.1 Unscheduled Uses may occur by Recognized Student Organizations, University students, and University employees provided that the Use does not interfere with University activities or any events or functions for which the occupied Facility has been reserved in advance. Recognized Student Organizations, University students, and University employees should make reasonable effort to notify the Responsible Administrator as promptly as possible for unscheduled Uses such that the University may be able to facilitate the provision of Support Services.

4.3.2 To avoid space conflicts, however, all individuals and groups on campus are urged to reserve space for such its Use through University Events Scheduling and Communications. A group that has reserved such space shall have exclusive use during the period of the reservation.

4.3.3 All such Use must be conducted under the following conditions:

  1. Without sound or light amplification unless coordinated with University Events Scheduling and Communications prior to the Event or Use;
  2. In a manner such that regular instructional activities are not disrupted;
  3. In a place at least five feet away from a street curb and in a manner such that campus pedestrian and automobile traffic are unimpeded; and
  4. In a manner such that members of the University community not participating in the Use may proceed with their normal activities and are not unreasonably disrupted in their offices and classrooms.

4.4 Exceptions: The University may make exceptions to this policy, but only where doing so significantly furthers the University’s mission. Any request for an exception must be sponsored by a University Unit and must clearly demonstrate how granting the exception will significantly further the University’s mission. Any such exceptions must be approved by a Vice Chancellor or a Vice Provost or their designee.

4.5 Enforcement: Failure to adhere to this policy may result in one or more of the following sanctions:

  1. Formal warning letter;
  2. Loss of future Use of University Facilities;
  3. Loss of future opportunities for formal sponsorship activity;
  4. Loss of future opportunities to sign sponsorship agreements with student organizations;
  5. Loss of opportunities to sign future contracts with the University; and
  6. Loss of access to University-sponsored events.

Violation of state or federal law in the course of utilizing University Facilities as contemplated herein will result in a referral to Student Conduct and/or Human Resources and may result in disciplinary action up to and including expulsion, suspension, termination, or trespass from University property.

Administrative Unit Contact

Office of Student Affairs
Student Affairs
828-262-2060

Office of Academic Affairs
Academic Affairs
828-262-2070

Appalachian Department of Public Safety
Appalachian Department of Public Safety
828-262-2150

History

Issued:

September 22, 2004

Revised:

January 22, 2015
September 23, 2016
June 21, 2017
August 18, 2017
September 30, 2020
October 26, 2022
October 10, 2023
May 1, 2024
December 10, 2024

Retrieved from "https://policy.appstate.edu/index.php?title=Facility_Use_Policy&oldid=26492"