Policy on Policies and Facility Use: Difference between pages

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[[Sitemap|''Resource code 101'']]
Policy 104
 
== Introduction ==
== Introduction ==
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.


The Appalachian State University Resource Manual provides (1) a single site to facilitate the location of policies and procedures ("policies") that govern university personnel and operations and (2) a uniform format and reference system to make access and reference to policies convenient. The Office of General Counsel maintains copies of approved policies and assigns a number and subject heading to all policies once they have been approved by the Chancellor or Board of Trustees. The website has a powerful search engine to enable any user to easily locate subject matter of interest in the Resource Manual. A policy template provides a standardized format for creation and revision of policies. This policy describes the elements of the template and provides guidance on how to draft clear and user-friendly policies.  
1.2 Except as provided by federal and state law, University property is not a place of unrestricted public
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
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 ==
== Scope ==
2.1 This policy applies to any and all Facilities owned, leased, or under the authority of Appalachian.
== Definitions ==
=== 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 ===
: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”).


This policy applies to all policies published in the Resource Manual.
=== Non-Publicly Available Facilities ===
: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.


== Definitions  ==
=== Use ===
: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.


=== "Board of Trustees" or "Board" ===
=== Unscheduled Public Speaking Area ===
: means the Board of Trustees of Appalachian State University.
: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.


=== "Chancellor’s Cabinet" ===
=== Authorized Designee ===
: means the Provost and Executive Vice Chancellor, the Vice Chancellor Business Affairs, the Vice Chancellor for Student Development, the Vice Chancellor for University Advancement, the Chief of Staff, the Director of External Affairs and Community Relations, the Director of Human Resource Services, the Director of Athletics and the General Counsel.
: 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  ==
== Policy and Procedure Statements  ==


=== Uniform Template ===
=== Publicly Available Facilities ===
A uniform policy template has been established to provide guidance to drafters of policies and uniformity to the policy website. The title is written at the top of the template along with a number and general subject category assigned by the Office of General Counsel.  
'''4.1.1 General'''
:Any individual or group, including Appalachian students, faculty and staff, may reserve and use Publicly Available Facilities for any lawful purpose, subject to the provisions of this policy.


=== Format ===
'''4.1.2 Reservations'''
New policies should be drafted in numerical outline format, using _________________ font and left justified margins, following the policy template. Section titles and subtitles should be used in the body of the text where appropriate.  Policies should be written in active voice. In general, every sentence should have meaning and relate to the heading or sub-heading under which it is found.
: Reservation of indoor locations is required for any Use by individuals or groups whether affiliated or nonaffiliated with Appalachian. Some Publicly Available Facilities, both indoor and outdoor, may be open to ordinary pedestrian traffic. However, if those areas are used for scheduled events, reservations are required.


=== Headings and Sub-headings ===
:'''4.1.2.1 Reservations by Non-Affiliated Organizations or Individuals'''
Use headings and sub-headings that let the reader know the content of each section. Policies can be either simple or complex, depending upon the substantive matters that are addressed. The following section headings should be included in a proposed policy:
:: Non-affiliated organizations or individuals may only make reservations of Publicly Available Facilities when made with a University-affiliated organization or department. In all cases, non-affiliated organizations or individuals are required to reimburse Appalachian for reservation fees (Section 4.1.2.5) and safety and security costs (Section 4.1.2.6). Non-Publicly Available Facilities are limited for Use by Appalachian faculty, students, staff and officially recognized University  Organizations for activities related to the University’s education, research and service missions. Appalachian faculty, students, staff and organizations may not reserve a Non-Publicly Available Facility on behalf of or for the Use of an outside organization. The Authorized Designee of Appalachian for a Non-Publicly Available Facility may deny or rescind permission to Use that Facility if it is determined that the Use is not primarily for the benefit of the faculty, student, staff or officially-recognized organization making the reservation. The faculty, student, or staff making the reservation:
::* must be a current student, staff, or faculty member;
::* must be making the reservation on behalf of the student-organization or other University affiliated organization or department (if made by a faculty or staff member, the employee must be making the reservation in connection to the University’s mission; and if by an officially-recognized organization, the reservation must be for the benefit of the organization);
::* all communications regarding event plans and preparations must be completed by the student member, faculty, or staff, as applicable; and
::* the student organization or University-affiliated organization must be listed as a sponsor on all publicity.


# Introduction
:'''4.1.2.2 Fronting for Non-Affiliated Individuals and Groups'''
# Scope
::Appalachian faculty, students, staff and organizations also may not reserve Publicly Available Facilities on behalf of or for the Use of an outside organization so the outside organization can use the Facility at a reduced rate. This conduct constitutes “Fronting” and is prohibited. The Authorized Designee of Appalachian for a Publicly Available Facility may apply the public rate for Use of the Facility if it is determined that the Use is not primarily for the benefit of the faculty, student, staff or officially recognized organization making the reservation.
# Definitions
# Policy and Procedure Statements
# Additional References
# Authority
# Contact Information
# Effective Date
# Revision Dates


Some headings may not be applicable, depending upon the subject matter and scope of the policy.  If so, the section heading should be set out in the policy and annotated as "Not applicable" or "N/A", or "None."  Further explanation of the substance of each section is set forth below, unless the heading is self-explanatory:
:'''4.1.2.3 Fronting for Faculty, Staff or University Departments'''
::A student organization may not place a reservation for faculty, staff or University department in order to receive free or reduced fees. A faculty or staff member or University department may not use the name of a student/student organization to place a reservation in order to receive free or reduced fees.


==== Introduction ====
:'''4.1.2.4 Limitation of Liability'''
Describes the relevant background and reasons for the policy, and a brief statement about what the policy will address. Some examples of the purpose or reason for a policy are the following:
::Appalachian shall not be liable or responsible for financial or other damages incurred by an individual or organization whose permission to Use a Facility is denied, rescinded or modified (including a rate change), pursuant to Fronting.


a. To comply, or explain how to comply, with State or federal law or University of North Carolina (΄UNC‘) policy;<br>
:'''4.1.2.5 Reservation Fees'''
b. To ensure accountability and/or explain or describe expected behavior; and<br>
::There may be fees associated with the reservation and use of any Publicly Available Facility (fees may differ for affiliated and non-affiliated individuals and groups), which shall be objectively determined based on content-neutral criteria including, but not limited to, the anticipated attendance, security, maintenance, staffing, cleaning and equipment requirements.
c. To recognize and/or balance the legitimate interests/expectations of various university administrative/academic units or constituencies;


==== Scope ====
:'''4.1.2.6 Safety & Security'''
Addresses who or what is covered by the policy. For example, who must observe the policy and follow its procedure; who must understand the policy to do their jobs. Most policies have a primary audience and a secondary audience. The policy should focus directly on the primary audience in writing the policy. If there are two primary audiences, the policy should be clear in each section which audience is being addressed. Any locations, persons, or organizations that are excluded or excepted from application of the policy or any funding sources or job classifications that are excluded from the policy should be identified. This provision may also include information about special circumstances that affect only a few people or circumstances that occur infrequently.
::Any affiliated or non-affiliated group that requires security, emergency management services, or other safety staffing for its registered event, is responsible for paying reasonable costs for those services. Information regarding fees and reservations for these Facilities can be obtained by contacting the Authorized Designee. Please note that many of these Facilities have specific restrictions as to occupancy, hours of use, and other requirements, and may not be available or suitable for every requested use. Use of alcohol at any event at a Publicly Available Facility is subject to Appalachian Policy 106.1 – Alcoholic Beverages.


==== Definitions ====
=== Non-Publicly Available Facilities ===
Defines any technical language or words used in a special sense.  
'''4.2.1 General'''
:Use of Non-Publicly Available Facilities shall be restricted to activities related to the education, research and service missions of the University.


==== Policy and Procedure Statement(s) ====
'''4.2.2 Types of Non-Publicly Available Facilities'''
Policies create administrative structures, set priorities, assign responsibility, delegate authority, establish accountability, and define reporting requirements.  Policy statements contain substantive provisions that create rights, privileges or duties. They essentially state what conduct and activities are prescribed or prohibited, and why.  Depending upon the complexity of the subject matter, this may be a simple paragraph or may contain various numbered sections with subtitles.  Procedures identify the ΄who, how, when, and where‘ of university operations.
:Unless otherwise specified, the following are Non-Publicly Available Facilities:
:* all Facilities not identified in Appendix A;
:* all private offices and laboratories; and
:* the Dining Hall Bridge (because this space is limited to the public as a walkway).


==== Additional References ====
=== Requests for the Use of Publicly Available Facilities ===
Other information relevant to the policies, such as guidelines, forms, charts, and handbooks
'''4.3.1 General'''
:Requests for the Use of Appalachian Facilities must be submitted to the Authorized Designee for that Facility.


==== Authority ====
'''4.3.2 Requests Must be in Writing'''
Relevant statute, regulation, UNC Policy Manual provision or other authority
:All requests should be in writing on the Appalachian Facility Use Request Form (hereinafter, “Appendix B”). Certain Facilities have additional registration or Use requirements. Please check with the Authorized Designee when making reservations for a specific Facility to ensure all requirements are met.


==== Contact Information ====
'''4.3.3 Submission of Written Requests'''
Title and phone number of official or office responsible for implementation of or monitoring compliance with policy
:The completed Facility Use Request Form, Appendix B, should be submitted in accordance with the time frames set by the particular Facility. If no time frame is set for the Facility, Appalachian requests submission of the form to the Authorized Designee at least seven (7) days prior to the anticipated Use to allow sufficient time to review and respond to the request. Submissions that are made within six (6) days of the anticipated Use will be considered, but there is no guarantee that Use of the Facilities requested will be accommodated if the time, place, or manner of the requested Use is not compatible with the Facility. This holds true for all requests. Also, any competing requests for Use of a Facility will be resolved on a “first come, first served” basis, with preference given to individuals or groups affiliated with the University.


==== Effective Date ====
'''4.3.4 Initial Determination of Facility Use'''
:When reserving space for events or activities, assuming that no scheduling conflicts with another event, the Authorized Designee in consultation with the appropriate University official(s) will consider:
:*whether the requested location is suitable for the event or activity;
:*whether the event or activity is compatible with the mission of the University;
:*whether the event meets the appropriate University time, manner, and place restrictions; and
:*whether health and safety concerns require special precautions or arrangements for this location.


==== Revision Dates ====
'''4.3.5 Facility Use Considerations'''
:In making these considerations, the following factors shall also be considered, in addition to any other content-neutral factors that may be relevant to a particular Facility:
:*the anticipated size of the proposed event or activity;
:*noise likely to be generated by the proposed event or activity, and the impact, if any, on academic activities or other University activities in the vicinity;
:*impact of the proposed event or activity on traffic;
:*whether the accommodations provided in the requested location are suitable and adequate for the proposed event or activity;
:*whether the proposed event or activity complies with applicable laws, rules, regulations, and policies;
:*whether the proposed event or activity poses any risk to the health or safety of participants, observers, or others in the vicinity of the event or activity; and
:*whether the proposed event or activity conflicts with any pending exclusive rights contracts of the University.


===  Consistency with Governing Authority ===
'''4.3.6 Denial of a Facility Use Request'''
Policies must be consistent with all applicable governing authority. If a policy is to implement a federal or state law, a policy of the Board of Governors or the Board of Trustees, or a directive from the Office of the President, the introduction should note this and the remainder of the policy should be consistent with the higher governing authority.  
:The Authorized Designee may deny a request to reserve space for an event or activity if:
:*the applicant has not completed a reservation request form as expressed under this policy;
:*the request to reserve space contains a material misrepresentation or materially false statement;
:*the request is not submitted within the time frames identified in Section 4.3.3;
:*the applicant has been notified of damage to University Facilities or grounds from Use in the past in violation of University rules, regulations, or policies, and has not paid for repairs;
:*the applicant has an outstanding balance for previous reservations or services with the University;
:*the request to Use Facilities or grounds is scheduled at a time that conflicts with the time of another preexisting scheduled reservation; or
:*the Use or activity would present an unreasonable health or safety danger.


=== Essential Subject Matter ===
=== Insurance ===
Policies should be concise, understandable and contain only material essential to the policy. Brevity and clarity should be sought whenever possible.
All nonaffiliated individuals or groups requesting space for any reason at Appalachian will be required to
obtain and provide proof of liability insurance based on the insurance requirements set by the University’s
Risk Manager


==== Historical Information ====
=== Scheduling Priorities ===
Historical information may be useful, but it should not be in the policy. Such information may be in a task force report or other explanatory material that can be hyperlinked in the Additional References section of the template to provide the reader with additional information.  
'''4.5.1 General'''
:Generally, Facilities will be reserved on a first come, first serve basis. However, official activities of Appalachian itself have precedence over all extracurricular events and all activities of other users.


==== Statutes, Regulations, UNC Policy Manual or Board of Trustees Policies ====
'''4.5.2 Scheduling Priority'''
Do not repeat language from statutes, regulations, Board of Governors’ policies or Board of Trustees' policies unless it is necessary. Instead, reference the law, regulation or policy (with a hyperlink when appropriate) and include it in the "Authority" section.
:Activities of recognized student organizations and groups have scheduling priority over those of other users except the University. Occasions may arise when, in order to accommodate official University activities and functions, an official University activity takes precedence for Use of an already scheduled space. In the event rescheduling is necessary, the Vice Chancellor for Student Affairs (or his or her designee) will work with the sponsors or organizers of the displaced activity to find suitable alternative locations and times, and otherwise to provide all assistance that is reasonable under the circumstances.


==== Webpages, Forms, Handbooks and other References ====
'''4.5.3 Scheduling Conflicts'''
Unit webpage or other information relating to the policies, such as guidelines, forms, charts, and handbooks, should not be incorporated into the body of the policy, but should be listed and hyperlinked in the Additional References section following the text of the policy. ASU policies and forms and policies in the UNC Policy Manual may be hyperlinked within the body of the policy. References and hyperlinks to policies within the body of the policy should be to the title of the policy (not the http address). References to forms should be to the title of the form and the office or title of the person from whom they can be obtained since all forms may not be available electronically. No other hyperlinks may be made within the body of the policy. Other hyperlinks may be inserted in the Additional References section. References to persons to contact within the body of the policy should be by official title only.
:In the event of conflict with multiple or competing individuals or groups desiring to Use the same space at the same time, the University reserves the right to resolve the conflict in a peaceable and orderly manner. While reasonable effort will be made to allow each individual or group to Use the space at their desired time, if the space cannot reasonably accommodate such Use, then the University reserves the right to require one or more individuals or groups to Use a different permissible space or to Use the space at a different time. If multiple individuals or entities register to use the same space at the same time, priority will be granted in the order of registration.


=== Official Policies ===
=== Policy Implementation and Compliance ===
Official policies of Appalachian State University are those approved by the Board of Trustees and certified by the Secretary or Assistant Secretary of the Board, or approved by the Chancellor.  Copies of official policies are maintained in the Office of General Counsel. The Board of Trustees may adopt policies on subject matter within its purview on its own initiative or upon the recommendation of the Chancellor.  In the absence of an express delegation of authority by the Chancellor, all other policies must be approved by the Chancellor or the Chancellor’s designee.
'''4.6.1 General'''
:All individuals or groups, as well as all events and activities, using Appalachian Facilities are responsible for complying with all applicable laws, regulations, and Appalachian policies. Failure to adhere to these requirements is a basis for revoking permission to use Facilities and space and may result in disciplinary action.


===  Proposals ===
'''4.6.2 Destruction of Property'''
Any person may propose a new policy or revision of an existing policy by submitting a proposal in accordance with the uniform template linked to this policy. The proposal may be submitted to the contact identified in an existing policy; an employee’s supervisor; a vice chancellor or other member of the Chancellor’s Cabinet.  The recipient of the proposal shall review the proposal and make a recommendation concerning its approval to the recipient’s next-level supervisor.
:If any activity or event, in or upon a University Facility, is causing damage or destruction of property, or is imminently threatening to cause such damage or destruction, the University may require the activity or event to be relocated to an alternative space at the University. If it is not possible or appropriate to relocate the activity or event, the Vice Chancellor for Student Affairs (or his or her designee) or a member of the Appalachian Police Department may require the activity or event to cease immediately, and the individual(s) or group(s) participating in the activity or event may seek to reschedule it as long as the activity or event complies with all applicable laws and University policies.


=== Review ===
'''4.6.3 Refusing to Leave University Facilities During Hours When They Are Regularly Closed'''
A Cabinet member who receives a proposal for a new or revised policy may consult with individual personnel and one or more advisory bodies for recommendations on adoption or revision.  Following review at the Cabinet member’s discretion, the Cabinet member will submit the proposal and that official’s recommendation to the Chancellor for action on the proposal.  
:Any person who continues to occupy any Appalachian Facility without prior permission of the Authorized Designee during hours when that Facility is regularly closed to the public may be subject to all civil and criminal penalties under North Carolina law.


===  Approval ===
'''4.6.4 Termination of Use of University Facility'''
If the Chancellor approves a policy proposal within the Chancellor’s purview, the Office of General Counsel will prepare a copy of the policy for the Chancellor’s signature. If the subject matter of the policy requires Board of Trustees approval, the Chancellor may present the proposal to the Board at the Chancellor’s discretion together with the Chancellor’s recommendation on the proposal.  Upon approval by the Board of Trustees, the Board’s Secretary or Assistant Secretary shall certify a true and accurate copy of the policy and transmit it to the Office of General Counsel for filing and publication.  The General Counsel is authorized to revise approved policies to correct typographical and grammatical errors, update webpage links, and otherwise make policies consistent with State and federal laws and regulations, and policies adopted by the Board of Governors of The University of North Carolina.  
:The University reserves the right to immediately terminate any Use of University Facilities or grounds if 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.


=== Publication ===
'''4.6.5 Use of Amplifying System Prohibited'''
Upon receipt of a certified copy or original signed by the Chancellor, the Office of General Counsel shall assign a number and subject matter title, if needed, and publish the text of the policy in the Resource Manual.
: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 Authorized Designee. Use of sound amplification equipment must comply with the University's and the Town of Boone's noise regulations.
 
'''4.6.6 Authority and Oversight'''
:The Chancellor has delegated authority and oversight for the administration and implementation of this policy to the Vice Chancellor for Student Affairs, which shall include updating and revising Appendix A and Appendix B as needed.


== Additional References ==
== Additional References ==
:[https://policy.appstate.edu/images/0/04/Appalachian_State_University_-_Publicly_Available_Facilities.pdf:Publicly Available Facilities (“Appendix A”)]
:[https://appstate.campuslabs.com/engage/submitter/form/start/431939:Appalachian Facility Use Request Form (“Appendix B”)]
:[https://www.northcarolina.edu/offices-and-services/governance-legal-and-risk/campus-free-speech-and-free-expression/:UNC System Campus Free Speech and Free Expression]]
:[[Alcoholic Beverages|Appalachian Policy 106.1 – Alcoholic Beverages]]
:[[University Police Services|Appalachian Policy 301.2 – University Police Services]]
:[[Food Services|Appalachian Policy 505 – Food Services]]


== Authority ==
== Authority ==
G.S. 116-11(13) and (14), G.S. 116-33 and 116-34; The UNC Policy Manual, Chapter 100.1, Sections 403, 502C and 502D, and Appendix 1 - Delegations of Duty and Authority to Boards of the Trustees
:UNC System Policy - Chapter 1300.8


== Contact Information ==
== Contact Information ==
Office of General Counsel (828.262.2751)
:Office of Business Affairs 828.262.2030
:Office of Student Development 828.262.2060


== Effective Date ==
== Original Effective Date ==
:September 22, 2004


== Revision Dates ==
== Revision Dates ==
''(None)''
 
:January 22, 2015
:September 23, 2016
:June 21, 2017
:August 18, 2017
[[Category:Contents]]
[[Category:Governance and Administration]]

Revision as of 16:58, 30 September 2020

Policy 104

Introduction

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 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 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

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

Definitions

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

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

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

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

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

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

Publicly Available Facilities

4.1.1 General

Any individual or group, including Appalachian students, faculty and staff, may reserve and use Publicly Available Facilities for any lawful purpose, subject to the provisions of this policy.

4.1.2 Reservations

Reservation of indoor locations is required for any Use by individuals or groups whether affiliated or nonaffiliated with Appalachian. Some Publicly Available Facilities, both indoor and outdoor, may be open to ordinary pedestrian traffic. However, if those areas are used for scheduled events, reservations are required.
4.1.2.1 Reservations by Non-Affiliated Organizations or Individuals
Non-affiliated organizations or individuals may only make reservations of Publicly Available Facilities when made with a University-affiliated organization or department. In all cases, non-affiliated organizations or individuals are required to reimburse Appalachian for reservation fees (Section 4.1.2.5) and safety and security costs (Section 4.1.2.6). Non-Publicly Available Facilities are limited for Use by Appalachian faculty, students, staff and officially recognized University Organizations for activities related to the University’s education, research and service missions. Appalachian faculty, students, staff and organizations may not reserve a Non-Publicly Available Facility on behalf of or for the Use of an outside organization. The Authorized Designee of Appalachian for a Non-Publicly Available Facility may deny or rescind permission to Use that Facility if it is determined that the Use is not primarily for the benefit of the faculty, student, staff or officially-recognized organization making the reservation. The faculty, student, or staff making the reservation:
  • must be a current student, staff, or faculty member;
  • must be making the reservation on behalf of the student-organization or other University affiliated organization or department (if made by a faculty or staff member, the employee must be making the reservation in connection to the University’s mission; and if by an officially-recognized organization, the reservation must be for the benefit of the organization);
  • all communications regarding event plans and preparations must be completed by the student member, faculty, or staff, as applicable; and
  • the student organization or University-affiliated organization must be listed as a sponsor on all publicity.
4.1.2.2 Fronting for Non-Affiliated Individuals and Groups
Appalachian faculty, students, staff and organizations also may not reserve Publicly Available Facilities on behalf of or for the Use of an outside organization so the outside organization can use the Facility at a reduced rate. This conduct constitutes “Fronting” and is prohibited. The Authorized Designee of Appalachian for a Publicly Available Facility may apply the public rate for Use of the Facility if it is determined that the Use is not primarily for the benefit of the faculty, student, staff or officially recognized organization making the reservation.
4.1.2.3 Fronting for Faculty, Staff or University Departments
A student organization may not place a reservation for faculty, staff or University department in order to receive free or reduced fees. A faculty or staff member or University department may not use the name of a student/student organization to place a reservation in order to receive free or reduced fees.
4.1.2.4 Limitation of Liability
Appalachian shall not be liable or responsible for financial or other damages incurred by an individual or organization whose permission to Use a Facility is denied, rescinded or modified (including a rate change), pursuant to Fronting.
4.1.2.5 Reservation Fees
There may be fees associated with the reservation and use of any Publicly Available Facility (fees may differ for affiliated and non-affiliated individuals and groups), which shall be objectively determined based on content-neutral criteria including, but not limited to, the anticipated attendance, security, maintenance, staffing, cleaning and equipment requirements.
4.1.2.6 Safety & Security
Any affiliated or non-affiliated group that requires security, emergency management services, or other safety staffing for its registered event, is responsible for paying reasonable costs for those services. Information regarding fees and reservations for these Facilities can be obtained by contacting the Authorized Designee. Please note that many of these Facilities have specific restrictions as to occupancy, hours of use, and other requirements, and may not be available or suitable for every requested use. Use of alcohol at any event at a Publicly Available Facility is subject to Appalachian Policy 106.1 – Alcoholic Beverages.

Non-Publicly Available Facilities

4.2.1 General

Use of Non-Publicly Available Facilities shall be restricted to activities related to the education, research and service missions of the University.

4.2.2 Types of Non-Publicly Available Facilities

Unless otherwise specified, the following are Non-Publicly Available Facilities:
  • all Facilities not identified in Appendix A;
  • all private offices and laboratories; and
  • the Dining Hall Bridge (because this space is limited to the public as a walkway).

Requests for the Use of Publicly Available Facilities

4.3.1 General

Requests for the Use of Appalachian Facilities must be submitted to the Authorized Designee for that Facility.

4.3.2 Requests Must be in Writing

All requests should be in writing on the Appalachian Facility Use Request Form (hereinafter, “Appendix B”). Certain Facilities have additional registration or Use requirements. Please check with the Authorized Designee when making reservations for a specific Facility to ensure all requirements are met.

4.3.3 Submission of Written Requests

The completed Facility Use Request Form, Appendix B, should be submitted in accordance with the time frames set by the particular Facility. If no time frame is set for the Facility, Appalachian requests submission of the form to the Authorized Designee at least seven (7) days prior to the anticipated Use to allow sufficient time to review and respond to the request. Submissions that are made within six (6) days of the anticipated Use will be considered, but there is no guarantee that Use of the Facilities requested will be accommodated if the time, place, or manner of the requested Use is not compatible with the Facility. This holds true for all requests. Also, any competing requests for Use of a Facility will be resolved on a “first come, first served” basis, with preference given to individuals or groups affiliated with the University.

4.3.4 Initial Determination of Facility Use

When reserving space for events or activities, assuming that no scheduling conflicts with another event, the Authorized Designee in consultation with the appropriate University official(s) will consider:
  • whether the requested location is suitable for the event or activity;
  • whether the event or activity is compatible with the mission of the University;
  • whether the event meets the appropriate University time, manner, and place restrictions; and
  • whether health and safety concerns require special precautions or arrangements for this location.

4.3.5 Facility Use Considerations

In making these considerations, the following factors shall also be considered, in addition to any other content-neutral factors that may be relevant to a particular Facility:
  • the anticipated size of the proposed event or activity;
  • noise likely to be generated by the proposed event or activity, and the impact, if any, on academic activities or other University activities in the vicinity;
  • impact of the proposed event or activity on traffic;
  • whether the accommodations provided in the requested location are suitable and adequate for the proposed event or activity;
  • whether the proposed event or activity complies with applicable laws, rules, regulations, and policies;
  • whether the proposed event or activity poses any risk to the health or safety of participants, observers, or others in the vicinity of the event or activity; and
  • whether the proposed event or activity conflicts with any pending exclusive rights contracts of the University.

4.3.6 Denial of a Facility Use Request

The Authorized Designee may deny a request to reserve space for an event or activity if:
  • the applicant has not completed a reservation request form as expressed under this policy;
  • the request to reserve space contains a material misrepresentation or materially false statement;
  • the request is not submitted within the time frames identified in Section 4.3.3;
  • the applicant has been notified of damage to University Facilities or grounds from Use in the past in violation of University rules, regulations, or policies, and has not paid for repairs;
  • the applicant has an outstanding balance for previous reservations or services with the University;
  • the request to Use Facilities or grounds is scheduled at a time that conflicts with the time of another preexisting scheduled reservation; or
  • the Use or activity would present an unreasonable health or safety danger.

Insurance

All nonaffiliated individuals or groups requesting space for any reason at Appalachian will be required to obtain and provide proof of liability insurance based on the insurance requirements set by the University’s Risk Manager

Scheduling Priorities

4.5.1 General

Generally, Facilities will be reserved on a first come, first serve basis. However, official activities of Appalachian itself have precedence over all extracurricular events and all activities of other users.

4.5.2 Scheduling Priority

Activities of recognized student organizations and groups have scheduling priority over those of other users except the University. Occasions may arise when, in order to accommodate official University activities and functions, an official University activity takes precedence for Use of an already scheduled space. In the event rescheduling is necessary, the Vice Chancellor for Student Affairs (or his or her designee) will work with the sponsors or organizers of the displaced activity to find suitable alternative locations and times, and otherwise to provide all assistance that is reasonable under the circumstances.

4.5.3 Scheduling Conflicts

In the event of conflict with multiple or competing individuals or groups desiring to Use the same space at the same time, the University reserves the right to resolve the conflict in a peaceable and orderly manner. While reasonable effort will be made to allow each individual or group to Use the space at their desired time, if the space cannot reasonably accommodate such Use, then the University reserves the right to require one or more individuals or groups to Use a different permissible space or to Use the space at a different time. If multiple individuals or entities register to use the same space at the same time, priority will be granted in the order of registration.

Policy Implementation and Compliance

4.6.1 General

All individuals or groups, as well as all events and activities, using Appalachian Facilities are responsible for complying with all applicable laws, regulations, and Appalachian policies. Failure to adhere to these requirements is a basis for revoking permission to use Facilities and space and may result in disciplinary action.

4.6.2 Destruction of Property

If any activity or event, in or upon a University Facility, is causing damage or destruction of property, or is imminently threatening to cause such damage or destruction, the University may require the activity or event to be relocated to an alternative space at the University. If it is not possible or appropriate to relocate the activity or event, the Vice Chancellor for Student Affairs (or his or her designee) or a member of the Appalachian Police Department may require the activity or event to cease immediately, and the individual(s) or group(s) participating in the activity or event may seek to reschedule it as long as the activity or event complies with all applicable laws and University policies.

4.6.3 Refusing to Leave University Facilities During Hours When They Are Regularly Closed

Any person who continues to occupy any Appalachian Facility without prior permission of the Authorized Designee during hours when that Facility is regularly closed to the public may be subject to all civil and criminal penalties under North Carolina law.

4.6.4 Termination of Use of University Facility

The University reserves the right to immediately terminate any Use of University Facilities or grounds if 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.

4.6.5 Use of Amplifying System Prohibited

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 Authorized Designee. Use of sound amplification equipment must comply with the University's and the Town of Boone's noise regulations.

4.6.6 Authority and Oversight

The Chancellor has delegated authority and oversight for the administration and implementation of this policy to the Vice Chancellor for Student Affairs, which shall include updating and revising Appendix A and Appendix B as needed.

Additional References

Available Facilities (“Appendix A”)
Facility Use Request Form (“Appendix B”)
System Campus Free Speech and Free Expression]
Appalachian Policy 106.1 – Alcoholic Beverages
Appalachian Policy 301.2 – University Police Services
Appalachian Policy 505 – Food Services

Authority

UNC System Policy - Chapter 1300.8

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
Retrieved from "https://policy.appstate.edu/index.php?title=Policy_on_Policies&oldid=2679"