Facility Use Policy: Difference between revisions

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Policy 104
University Policy 104


== Introduction ==
== 1. Purpose ==
1.1 The primary use of any Appalachian State University (“Appalachian”) facility shall be for purposes
related to and consistent with the University’s missions. Appalachian’s mission, as it relates to the use
of related facilities, is to encourage the free exchange of ideas on campus while assuring that other
important University interests and activities are not infringed upon or disrupted.


1.2 Except as provided by federal and state law, University property is not a place of unrestricted public
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.
access. The instructional, research, and service needs of the University shall take precedence over any
other prospective use of University facilities.  


1.3 The purpose of this policy is to set forth the conditions under which Appalachian facilities may be
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.
used by persons or organizations for purposes other than their primary function. There may be
additional policies specific to certain facilities or for specific events that may include more restrictive
provisions than this policy. Persons or organizations seeking to use any University Facility are
advised to inquire about the existence of any such additional policies at the time they reserve its use.


== Scope ==
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.
2.1 This policy applies to any and all Facilities owned, leased, or under the authority of Appalachian.


== Definitions ==
== 2. Scope ==
=== Facilities ===
:All buildings and structures, grounds, sidewalks, recreation areas, and streets considered to be part of the campus owned, leased or under the authority of Appalachian. Appalachian Facilities are divided into two general categories: Publicly Available Facilities and Non-Publicly Available Facilities.


=== Publicly Available Facilities ===
2.1 This policy applies to all groups and individuals using any and all Facilities owned, leased, or under the authority of the University.
:Facilities which Appalachian makes available for Use by students, faculty, staff, and officially recognized Appalachian organizations, as well individuals and groups that are not otherwise affiliated with Appalachian. A list of Publicly Available Facilities may be viewed in the following document Publicly Available Facilities (hereinafter “Appendix A”).


=== Non-Publicly Available Facilities ===
== 3. Definitions ==
:Facilities of Appalachian which are not publicly available and are only available to University students, faculty, and staff and officially recognized Appalachian organizations. Facilities not listed in Appendix A are not available for Use by individuals or groups not affiliated with the University.


=== Use ===
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.  
:An individual or group’s presence, occupancy, activity, or event, in or upon Appalachian’s Facilities.
:Examples of events and activities that constitute “Use” under this policy include, but are not limited to:
:* meetings and activities of students and student organizations;
:* solicitations, fundraising, sales, and other commercial activities;
:* conducting polls, surveys, or interviews;
:* display of signs, message boards, chalking or similar items;
:* demonstrations, protests, rallies, vigils, and assemblies; and
:* meetings, activities, conferences, speeches, performances, and other events by nonUniversity affiliated groups or individuals.


=== Unscheduled Public Speaking Area ===
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.
:Areas on campus at which Appalachian permits assemblies and gatherings of University 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) have been previously scheduled pursuant to other provisions of this Policy. Appalachian’s Unscheduled Public Speaking Areas only include Sanford Mall and Durham Park.


=== Authorized Designee ===
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.
: A University official responsible for reviewing and approving the Use of Appalachian Facilities, as
referenced in Appendix A, or as otherwise identified by the University.


== Policy and Procedure Statements  ==
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.


=== General Policy ===
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.
4.1.1 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.  


4.1.2 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.  
3.6 '''Instructional Space:''' Space in which classes are regularly scheduled. This includes general use classrooms, laboratories, and related space designed for instructional purposes.


4.1.3 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., Legends).  
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.


4.1.4 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.  
3.8 '''Residential Space:''' Space that supports the on-campus residential program.


4.1.5 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.  
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.


4.1.6 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 4.7 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 4.7 of this policy, University facilities are normally not made available for private use by individual or commercial enterprises.  
3.10 '''Recognized Student Organization:''' A student group or organization that is registered with University Campus Activities in accordance with approved University policies.


4.1.7 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.  
3.11 '''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.


4.1.8 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.  
3.12 '''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.


4.1.9 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.  
3.13 '''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.


4.1.10 University officials reserve the right immediately to terminate any use of University facilities or grounds if, in the judgment of those officials, continuation of such use will result in: (a) danger to participants or others; (b) unlawful conduct or violation of University policies by participants or others; or (c) interference with, disruption or disturbance of the University's educational mission, operations, business, or functions.  
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.


4.1.11 Except when University officials are carrying out official University business, no public address or amplifying system may be used at any time in any facility or on University grounds without written approval in advance from the appropriate administrator designated in this policy. Use of sound amplification equipment must comply with the University's and the Town of Boone's noise regulations.  
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”.


4.1.12 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.
== 4. Policy Statements ==
4.1.13 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.


4.1.14 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 benefiting from the use.
'''4.1 General Provisions'''


4.1.15 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 4.8.5 below. Requests for approval to distribute literature or printed materials must be obtained from the office, identified in Section 4.12 below, to which the request to use University facilities or property must be submitted.
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">
4.1.16 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 necessary part of the University's normal activities.  
<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>


=== Criteria for Scheduled University Facility Usage ===
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.
4.2.1 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 ===
4.1.3 Any Facility Use or Events that meet any of the following criteria must be coordinated through University Conference and Event Services:
4.3.1 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:  
<ol style="list-style-type:lower-alpha">
#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.
<li>Summer camps;</li>
#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.
<li>Events or Uses involving minors; and</li>
#Graffiti, as defined above, may not be affixed or applied to any University building, facility, or other property, with the sole exception of the interior walls and ceilings of the tunnels under Rivers Street. Any other application of Graffiti to any University property, including to the handrails and floors inside the tunnels under Rivers Street or on the stairs or exterior walls leading to those tunnels, 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 relevant sections of the Appalachian State University Code of Student Conduct, including but not limited to Section 4.21 (vandalism).
<li>Events or Uses involving more than one Facility.</li>
#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.
</ol>
#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 ===
4.1.4 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.
4.4.1 University departments and divisions shall be given priority for the use of University facilities and property.
   
4.4.2 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.  


=== Use of Facilities by Recognized Student Clubs, and Organizations and University Affiliated Organizations ===
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.
4.5.1 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.  


4.5.2 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.  
4.1.6 A reserved Use shall have priority over any unscheduled Use, even when reserving space is not required by this policy.


4.5.3 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:
4.1.7 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.
#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.


4.5.4 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.  
4.1.8 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.


4.5.5 The following policies and procedures apply to events by recognized student clubs and organizations conducting fund raising events on or off campus:
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.
#Except with respect to solicitation permitted under Section 4.6.3, Section 4.7.1, and Section 4.9, 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 ===
'''4.2 Priorities in the Scheduling of Space by Groups'''
4.6.1 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.


4.6.2 The following provisions apply when no admission is charged and there is no type of fund solicitation of any kind from those in attendance:  
4.2.1 Instructional Space Scheduling
#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.
<ol style="list-style-type:lower-alpha">
#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.
<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>
#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.
<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>
#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.
<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>


4.6.3 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.  
4.2.2 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>


4.6.4 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.  
4.2.3 University Units funded from sources other than state appropriations may set their own priorities for Facilities other than Instructional Space and Student Affairs Facilities.


4.6.5 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.
'''4.3 Activity Not Requiring Reservations or Approval'''


4.6.6 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.  
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.


4.6.7 The University reserves the right to audit the proceeds from any fund raising event to ensure compliance with applicable University and State policies.  
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.


4.6.8 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.  
4.3.3 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>


=== Use of Selected University Facilities by Non-University Affiliated Organizations, University Departments and Divisions, and University Affiliated Organizations ===
'''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.
4.7.1 The following special policies are to apply to the use of athletic facilities and other special properties described herein:  
#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, The Schaefer Center for the Performing Arts, the New York Loft, the Appalachian House, Rosen Concert Hall, 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 ===
'''4.5 Enforcement:''' Failure to adhere to this policy may result in one or more of the following sanctions:
4.8.1 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.  
<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>


4.8.2 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. Any group or organization that distributes written materials pursuant to this section is encouraged to include the name of the group or organization on the materials.  
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.


4.8.3 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.
== Administrative Unit Contact ==


4.8.4 Like any other use of University facilities governed by this Policy, the distribution of printed materials, including printed material distributed pursuant to Section 4.8.5, is subject to the provisions of Section 4.3.  
Office of Student Affairs<br>
[https://studentaffairs.appstate.edu Student Affairs]<br>
828-262-2060


4.8.5 Distribution of printed material, other than material distributed pursuant to sections 4.8.2 and 4.8.3, 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. Any group or organization that distributes written materials pursuant to this section is encouraged to include the name of the group or organization on the materials.  
Office of Academic Affairs<br>
[https://academicaffairs.appstate.edu Academic Affairs]<br>
828-262-2070


4.8.6 Businesses and other commercial enterprises wishing to distribute literature on campus should contact the Office of Business Affairs.
Appalachian Department of Public Safety<br>
[https://police.appstate.edu Appalachian Department of Public Safety]<br>
828-262-2150


4.8.7 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.
== History ==


4.8.8 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.
'''Issued:'''


4.8.9 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.
September 22, 2004


4.8.10 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.
'''Revised:'''


4.8.11 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.
January 22, 2015<br>
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


4.8.12 All printed materials to be left in the open for distribution pursuant to Section 4.8.9 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.
4.8.13 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 generally will not seek to exercise control over the content of printed materials or other communication. See, e.g., Rosenberger v. Rectors and Visitors of the University of Virginia, 515 U.S. 819 (1995). Exceptions will be made in the case of 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).
4.8.14 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.
=== Solicitation and Solicitors ===
4.9.1 Persons or entities seeking or obtaining permission to engage in solicitation in University facilities or in property owned or controlled by the University must comply with the following:
#The solicitor must qualify under the provisions of Sections 4.5, 4.6, or 4.7, above, must obtain co-sponsorship if non-University affiliated, and must seek and obtain authorization and scheduling from the specified University office or officer pursuant to Section 4.12, below.
#The solicitor seeking permission to solicit must contact, and provide all requested documentation and information to, the appropriate University office or officer, as specified in Section 4.12, at least five (5) working days prior to the proposed activity.
#The solicitor must accept and acknowledge understanding the University policies governing use of University facilities including but not limited to:
##Solicitation must occur only at the approved location.
##Solicitors may not call out to or ask individuals in the vicinity of the solicitation to participate or respond to the solicitation.
##Solicitors who have been approved and properly scheduled space for solicitation must prominently display their solicitation permit.
##At the outset of any contact with the University community, solicitors must clearly disclose, describe, or identify: (a) themselves by name; (b) the purpose and intended beneficiary of their solicitation; and (c) any affiliated persons or entities for or with which they engage in solicitation.
=== Unscheduled Public Speaking Areas and Peaceful Assembly ===
4.10.1 The University encourages the free exchange of ideas on campus and is committed to making space available for such exchanges and communicative activities, while maintaining a balance with the University's legitimate interests in assuring that such exchanges and activities do not: (a) render a space unsatisfactory for its normal or primary use; (b) conflict with previously scheduled uses of the space; (c) impede campus pedestrian or vehicular traffic; or (d) prevent individuals who are not participating in such activities from proceeding with their normal activities. See Section 4.3.1 above, and Sections 4.10.9, 4.10.10, 4.10.11, and 4.10.12, below. Accordingly, consistent with these and the other provisions of this Policy, while the University reserves the right to control time, place, and manner in which its facilities are used, the University permits individuals, groups, or entities to engage in public speaking, peaceful assembly, or similar exchanges of ideas at the Unscheduled Public Speaking Areas.
4.10.2 The following areas are designated as Unscheduled Public Speaking areas: (a) Sanford Mall; (b) Durham Park; and (c) the Duck Pond Field behind Trivette Hall are designated as the Unscheduled Public Speaking Areas on the University campus. These areas are available on a first-come first-served basis for noncommercial speech or assembly unless otherwise scheduled. Any use of the Unscheduled Public Speaking Areas scheduled pursuant to this Policy shall have priority over any unscheduled use. Therefore, person(s) or organization(s) interested in using any of these areas should check with the Information Desk in the Plemmons Student Union to determine its availability and to avoid possible conflicts. All uses of the Unscheduled Public Speaking Areas are subject to the requirements of this policy governing the use of exterior space on campus, including but not limited to, Sections 4.3.1, 4.10.9, 4.10.11, 4.10.12, and 4.10.13.
4.10.3 Except as otherwise specified in this policy, any individual, group, or entity seeking to use University facilities for the purpose of public speaking or peaceful assembly must qualify under the provisions of Sections 4.5, 4.6 or 4.7, above, must obtain co-sponsorship as required by Section 4.1.5 if non-University affiliated, and must seek and obtain authorization and scheduling from the specified University office or officer pursuant to Section 4.12, below.
4.10.4 Notwithstanding the foregoing Section 4.10.3, persons who wish to engage in noncommercial speech at the Unscheduled Public Speaking Areas need not obtain co-sponsorship or authorization.
4.10.5 Nothing in this policy shall be interpreted to prevent or require University faculty, departments or University-affiliated organizations from fulfilling their responsibilities and purposes as they relate to promoting speakers on campus. Further, University faculty, University departments, and University affiliated organizations are not required to seek approval for a public speaker provided that the speaker is part of its program and associated with its educational mission or purpose and all applicable University policies are followed.
4.10.6 Requests for use of facilities for public speaking or peaceful assembly are granted for one-day only, with a maximum of no more than two days per semester. Requests for use of University facilities for public speaking or peaceful assembly must be made at least 24 hours in advance of the time period requested, unless allowed by special permission of the Vice Chancellor for Student Development. All requests must be made to the Vice Chancellor for Student Development or the Dean of Students.
4.10.7 Groups seeking approval to hold a peaceful assembly on campus must complete and submit all necessary and requested documentation and information at least 24 hours prior to the proposed assembly.
4.10.8 If public speaking or a peaceful assembly will involve solicitation as defined above in Section 3.7, the provisions of Section 4.9 above will apply and supersede the provisions of this Section 4.10.
4.10.9 Use of sound amplification equipment is governed by Section 4.3.1 above. No sound amplification of any kind is permitted in the Unscheduled Public Speaking Areas, unless written approval has been obtained pursuant to Section 4.3.1.
4.10.10 Public speakers and those involved in peaceful assemblies must comply with all applicable laws and all applicable University policies. As stated in Section 4.3.1 above, individuals who engage in unlawful conduct while participating in or attending such activities or events will be subject to arrest.
4.10.11 Public speakers and participants in peaceful assemblies may not infringe upon the rights of others to engage in peaceful assembly or the free exchange of ideas, to use or enjoy University facilities, or to attend University functions. Actions such as the following are unacceptable:
#Blocking, obstructing, or impeding the passage of a person or vehicle.
#Causing bodily harm to a person.
#Erecting or placing obstructions that result in depriving others of their rights.
#Directly or indirectly preventing a speaker from speaking, even for a brief period of time; or seizing control of an unscheduled public speaking area for one’s own purposes.
#Actions that constitute harassment as defined by Appalachian Policy 110.
4.10.12 All activities or events must be conducted in such a manner that campus pedestrian traffic and automobile traffic are not unreasonably impeded and that members of the University community who are not participating in the activity or event may proceed with their normal activities.
=== List of User Charges Maintained at Business Affairs Office ===
4.11.1 The Business Affairs Office maintains for inspection a current list of user charges approved by the Chancellor for the use of indoor and outdoor space by non-University affiliated organizations. These rates are designed to cover the entire costs of providing the facility (for example, materials, labor, utilities and any added security charges incurred). Particular uses may require the assessment of additional charges, depending on special needs associated with the use.
=== Scheduling of University Facilities ===
4.12.1 The University maintains in the Business Affairs Office a master schedule of reservations. Requests for the use of space other than those specified in this policy should be directed to this office at 262-2030 and should be made at least 24 hours in advance. During the summer term, this function is transferred to Academic Affairs. The following divisions are responsible for scheduling the designated facilities.
4.12.2 Business Affairs. Requests for scheduling space in facilities not specifically addressed otherwise are made to Business Affairs. Scheduled specifically by this office are the following:
#academic classrooms (for meetings and activities when not in use for regular academic instructional use)
#University grounds other than those specifically designated in this policy as the scheduling or coordinating responsibility of another University division or office
#Holmes Convocation Center
#other campus buildings not addressed below.
4.12.3 Academic Affairs. Academic Affairs develops class schedules and makes classroom and office assignments within academic buildings. Areas scheduled by departments in this division are the following:
#Academic buildings (for regular academic classrooms)
#Dark Sky Observatory (contact directly)
#Camp Broadstone (contact directly)
#The Schaefer Center for the Performing Arts(contact Director, Office of Cultural Affairs)
#Rosen Concert Hall (contact Dean, School of Music)
#Valborg Theatre (contact Dept. of Theatre and Dance)
#I. G. Greer Arena Theatre (contact Dept. of Theatre and Dance)
#John E. Thomas Hall: Meeting Room 159 (contact Admissions-Academic Affairs)
#John E. Thomas Hall: Meeting Room 245 (contact Summer Sessions-Academic Affairs)
4.12.4 Student Development
#Student Development, or the Center for Student Involvement and Leadership, approves requests from recognized student clubs and organizations to conduct activities. This office assists student groups with cultural, co-curricular, and campus recreation and intramural activities. These programs include theater, music, films, lectures, symposia, workshops, rallies, protests, speeches, fund raising projects, and similar events. Note, however, that peaceful assembly and public speaker requests, other than for use of the Unscheduled Public Speaking Areas are made through the Office of Student Development.
#Specifically scheduled by departments in this division are the following facilities:
##Legends (contact Student Union)
##Unscheduled Public Speaking Areas (contact Student Union Scheduling Office, ext. 3032)
##Plemmons Student Union (contact directly)
##Quinn Center (contact directly)
##Residence halls and adjacent space during the academic year and for student housing (contact University Housing)
##Intramurals fields at State Farm (contact Recreational Sports)
##John E. Thomas Hall: Meeting Room 357 (contact University Housing)
##John E. Thomas Hall: Meeting Room 387 (contact Career Services)
4.12.5 Athletics. The Athletics Department schedules events in the following facilities and on athletic fields and courts during the academic year. During the summer term this function is handled through Continuing Education:
#Varsity Gymnasium
#Broome-Kirk Gymnasium
#Kidd Brewer Stadium
#Lackey Field
#Owens Field House
4.12.6 Alumni Affairs. The Alumni Affairs Department schedules events in the following facility:
#McKinney Alumni Center
4.12.7 Steps to Scheduling a University Facility Recognized student clubs and organizations:
#Students should first secure the necessary scheduling form from the Center for Student Involvement and Leadership before contacting the scheduling office. If a facility is scheduled directly by another University department (e.g., Plemmons Student Union, Legends, Quinn Center), students should contact that facility director. If the recognized student club or organization wishes to conduct a fund raising event, approval must first be obtained from the Center for Student Involvement and Leadership.
#If a request for space is to be for an area of the University scheduled by Business Affairs, the recognized student club or organization should first contact Business Affairs to see if the space they would be requesting will be available. A temporary (24-hour) hold will be placed on the space if not previously scheduled.
#The student club or organization must then seek approval through the Center for Student Involvement and Leadership for the event in question. Once the event is approved, the club or organization will take the approval form to Business Affairs and the space will be reserved.
University departments and University affiliated organizations other than student clubs and organizations:
#The University department or University affiliated organization will contact directly the University department responsible for the facility. Arrangements will be made directly with the director of the facility for use under University guidelines.
University departments and affiliated organizations that wish to use space not specifically controlled under this policy should contact Business Affairs. Business Affairs will directly schedule space with the department or organization with the approval of the appropriate vice chancellor, director, or designee. Scheduling of University facilities by non-University affiliated groups:
#Any organization, individual, or company not affiliated with the University and wishing to use University facilities -- except as provided for in previous sections of this policy -- should contact Business Affairs. Business Affairs will have responsibility for securing authorization from other University departments as needed, approving, and scheduling these events.
Requests for use of University facilities and grounds: The following information should be provided when requesting approval for use of University facilities and grounds:
#an outline of crowd management procedures where appropriate;
#utility requirements for equipment to be used;
#special arrangements of the facility;
#items to be supplied by the University which are not standard facility equipment and other information as required by departmental forms;
#copies of any contracts or letters of agreement between a non-University sponsor and a University sponsor outlining responsibility of each in promoting and staging an event, the proposed sharing of profits or losses, as well as copies of all contracts entered into with booking agencies, promoters, performers, and all other non-University groups involved in the promotion and staging of an event.
=== Authority to Enter into Contracts ===
4.13.1 Only the Chancellor, or his or her designee, is authorized to enter into contracts on behalf of the University. The University, through its officers, reserves the right to interpret this policy and to apply it in the best educational interests of the University. The Chancellor reserves the right to change, alter, or grant exceptions to this policy to best fulfill the mission, purpose, and processes of the University.
== Additional References ==
:[http://www.ncga.state.nc.us/gascripts/statutes/statutelookup.pl?statute=14-132 N.C.G.S. § 14-132 (injuries to public buildings and facilities)]
:[http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-144.html N.C.G.S. § 14-144 (defacing or damaging houses or other buildings)]
== Authority ==
:[http://www.northcarolina.edu/apps/policy/index.php?pg=vs&id=4428&added=1 The UNC Policy Manual 100.1, Section 502]
== Contact Information ==
:Office of Business Affairs 828.262.2030
:Office of Student Development 828.262.2060
== Original Effective Date ==
:September 22, 2004
== Revision Dates ==
:January 22, 2015
:September 23, 2016
:June 21, 2017
:August 18, 2017
[[Category:Contents]]
[[Category:Contents]]
[[Category:Governance and Administration]]
[[Category:Governance and Administration]]

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"