Facility Use: Difference between revisions

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''Number from Table of Contents''
Policy 104
 
== Introduction ==
== Introduction ==
This policy is adopted for the orderly use of University facilities and property by University
1.1 The primary use of any Appalachian State University (“Appalachian”) facility shall be for purposes
departments, recognized student clubs and organizations, University affiliated groups and persons, and
related to and consistent with the University’s missions. Appalachian’s mission, as it relates to the use
non-University affiliated groups and organizations and persons, as well as to establish parameters and
of related facilities, is to encourage the free exchange of ideas on campus while assuring that other
procedures governing the distribution of printed materials on property owned or controlled by
important University interests and activities are not infringed upon or disrupted.
Appalachian State University.
 
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.


== Definitions ==
=== Publicly Available Facilities ===
; 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 [https://policy.appstate.edu/images/6/6b/Publicly_Available_Facilities_%28Appendix_A%29_10.26.22.pdf Publicly Available Facilities (“Appendix A”)].
: refers to Appalachian State University.
 
; Student clubs and organizations
=== Non-Publicly Available Facilities ===
: are organizations comprised of Appalachian State University students and recognized by the University through its formal recognition procedures.
: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.
; University departments
 
: are budgetary units of Appalachian State University.
=== Use ===
; University affiliated organizations
:An individual or group’s presence, occupancy, activity, or event, in or upon Appalachian’s Facilities.
: include all official University committees, special committees, groups, and task forces supported directly by the University; the Appalachian State
:Examples of events and activities that constitute “Use” under this policy include, but are not limited to:
University Foundation, Inc. and the Appalachian State University Alumni Association.
:* meetings and activities of students and student organizations;
; Non University affiliated organizations
:* solicitations, fundraising, sales, and other commercial activities;
: include all groups or organizations which are not directly supported by the University or are not recognized student organizations.
:* conducting polls, surveys, or interviews;
; Fund raising
:* display of signs, message boards, chalking or similar items;
: includes the charging of admission, solicitation for funds, sales, or donations in any form by a recognized student club or organization, University affiliated organization, or a non-University affiliated organization.
:* demonstrations, protests, rallies, vigils, and assemblies; and
; Solicitation
:* meetings, activities, conferences, speeches, performances, and other events by nonUniversity affiliated groups or individuals.
: is defined as any effort or attempt to: (a) importune, entreat, implore, ask, attempt to try to obtain an order or to invite business transaction for a product offered or being sold; (b) seek orders, subscriptions, political or charitable contributions, or any other kind of financial support; or (3)
distribute literature, hand-bills, samples, or other printed material for the purpose of advertising products, services, or other commercial enterprises to members of the University community.
; A solicitor
: is defined as any person or entity who engages or attempts or seeks to engage in solicitation, as defined above.
; Peaceful Assembly
: is the use of university facilities for the purpose of conducting a lawful assembly, rally, or demonstration not involving conduct or the encouragement of conduct that violates or would violate the law or policies of the University.
; Public speaking
: is the use of University facilities for the purpose of orally and publicly communicating, informing, educating, or conveying an idea, concept, principle, belief, etc., to one or more other persons, other than in conversation.
; Public speaker
: is a person who engages in or seeks to engage in public speaking, as defined above.
; Public
: is defined as open to attendance by any individual or group and not limited solely to members of a recognized student club or organization, University department, or University affiliated organization.
; Not for profit organizations
: are non University affiliated organizations for which contributions are tax deductible.
; Facilities
: are defined as buildings and grounds owned or controlled by the University. Excluded from this policy are properties owned or controlled by the Appalachian State University Foundation, Inc. or the Board of Trustees of the Endowment Fund of Appalachian State University unless these facilities
are in use principally for support of student activities or academic programs.
; Division of the University
: is a group of University departments organized around a particular function. There are four divisions of the University: Academic Affairs, Business Affairs, Student Development, and University Advancement.
; Unscheduled Public Speaking Areas
: are areas on campus at which the University permits assemblies and gatherings of affiliated and non-affiliated persons and groups without prior  approval, for noncommercial purposes, on a first-come first-served basis, unless the use of such area(s) has been previously scheduled pursuant to  other provisions of this Policy. Currently, such Unscheduled Public Speaking Areas include Sanford Mall, Durham Park, the Duck Pond Field behind  Trivette Hall, and the open-air amphitheater adjacent to the Plemmons Student Union.
; Unlawful conduct
: is conduct that is prohibited by Federal, State, or local law or regulation, or that violates one or more rights of a person or entity under the  common law of North Carolina.
; State law
: for purposes of this Policy is North Carolina law potentially applicable to expressive conduct, both common law (including, but not limited to, the  law of defamation and infliction of emotional distress) and statutory law, including, but not limited to: N.C.G.S. § 14-190.1 (obscene literature and exhibitions); N.C.G.S. § 14-190-13 (definitions for certain offenses concerning minors); N.C.G.S. § 14-190.14 (distributing material harmful to minors); N.C.G.S. § 14-190.15 (disseminating harmful material to minors); N.C.G.S. § 14-288.4 (disorderly conduct); N.C.G.S. § 14-144 (defacing buildings); N.C.G.S. § 14-132 (disorderly conduct in and injuries to public buildings and facilities); N.C.G.S. § 14-145 (unlawful posting of advertisements); N.C.G.S. § 14-159.12 (first degree trespass); N.C.G.S. § 14-159.13 (second degree trespass); N.C.G.S. § 14-10 (prohibiting disguises in certain circumstances); N.C.G.S. § 14-394 (anonymous threatening or disgrace-causing writings); and N.C.G.S. § 14-35 (hazing).
; Graffiti
:, for purposes of this policy, includes all forms of writing, lettering, drawing, tagging, marking, or painting on objects, buildings, walls, or any other surfaces, whether mobile or stationary.


3 General Policy
=== Unscheduled Public Speaking Area ===
3.1 Use of University facilities and grounds is governed by the laws of the State of North Carolina.
: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.
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.
=== Definition phrase or word ===
: Definition summary


=== 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  ==
== Policy and Procedure Statements  ==


=== Example policy 1 ===
=== 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.


=== Example policy 2 ===
:'''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 – Alcohol at University Events.
=== 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).
=== Camping ===
:Camping or over-night stays in temporary structures are not permitted without prior approval.
=== Requests for the Use of Publicly Available Facilities ===
'''4.4.1 General'''
:Requests for the Use of Appalachian Facilities must be submitted to the Authorized Designee for that Facility.
'''4.4.2 Requests Must be in Writing'''
:All requests should be in writing. 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.
'''4.4.3 Submission of Written Requests'''
:The written request 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 written request 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.
'''4.4.4 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.
'''4.4.5 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.
'''4.4.6 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 submitted a written request 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 ===
'''4.6.1 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.
'''4.6.2 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.
'''4.6.3 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 ===
'''4.7.1 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.
'''4.7.2 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.
'''4.7.3 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.
'''4.7.4 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.
'''4.7.5 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.
'''4.7.6 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 as needed.


== Additional References ==
== Additional References ==
:[https://generalcounsel.appstate.edu/wp-content/uploads/2024/05/Publicly_Available_Facilities_Appendix_A_10.26.22.pdf Publicly Available Facilities (“Appendix A”)]
:[https://policy.appstate.edu/images/c/cd/LLHS_Room_Reservation_Policies.pdf Leon Levine Hall Room Reservation Policies]
:[https://studentunion.appstate.edu/reservations Plemmons Student Union Reservations]
:[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]
:[[Alcohol at University Events|Appalachian Policy 106.1 – Alcohol at University Events]]
:[[Food Services|Appalachian Policy 505 – Campus Dining]]


== Authority ==
== Authority ==
 
:UNC System Policy - Chapter 1300.8


== Contact Information ==
== Contact Information ==
:Office of Student Affairs 828.262.2060
:Office of Academic Affairs 828.262.2070
:Appalachian Department of Public Safety 828.262.2150


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


== Revision Dates ==
== Revision Dates ==


1 Purpose of Policy -
:January 22, 2015
 
:September 23, 2016
1.2
:June 21, 2017
Recognizing that its support derives in large part from public funds, Appalachian State University is
:August 18, 2017
committed to making its facilities and property as readily available for use by groups and individuals as
:September 30, 2020
is consistent with its educational mission, its duties as a custodian of State resources, and its
:October 26, 2022
responsibility to consider the welfare of its students, faculty, staff, and visitors. Consistent with its
:October 10, 2023
educational mission, the University encourages the free exchange of ideas on campus, while assuring
:May 1, 2024
that other important University interests and activities are not infringed upon or disrupted.
Practical as well as legal considerations dictate the formulation and publication of a written policy
detailing the conditions of such availability. The intent of the document which follows is to provide for
access on a basis which is both clearly defined and in the best interests of each of the constituencies to
whom Appalachian State University is obligated by law and tradition.
2 Definitions -


3.2 Appalachian State University recognizes the value of providing students, faculty, staff and others
[[Category:Contents]]
the opportunity to assemble and communicate with one another outside the classroom setting, as well as
[[Category:Governance and Administration]]
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.
3.3 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., Broyhill Inn,
Legends).
3.4 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.
3.4.1 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.
3.5 No person associated with the University in any capacity shall use for his or her own financial
benefit or any other personal purposes University facilities or property, except as specifically authorized
by this policy. No University facilities or property may be used by a commercial enterprise or other non
University affiliated organization for profit except as provided for in Section 9 of this policy. No person
affiliated with the University in any capacity shall sponsor or act as an agent for any non University
affiliated commercial enterprise or individual to gain for that organization or individual benefits or
access limited to University affiliated organizations, University departments, or recognized student clubs
and organizations. Except as provided in Section 9 of this policy, University facilities are normally not
made available for private use by individuals or commercial enterprises.
3.6 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.
3.7 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.
3.8 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.
3.9 University officials reserve the right immediately to terminate any use of University facilities if,
in the judgment of those officials, continuation of such use will result in: (a) danger to participants or
others; (b) unlawful conduct by participants or others; or (c) interference with disruption or disturbance
of the University's educational mission, operations, business, or functions.
3.10 The University will require that any group or entity that has secured approval and scheduling
with respect to its proposed use of University facilities or property also secure approval from the
Appalachian State University Police Department to ensure that sufficient police support is available.
3.11 Approved and scheduled uses of University facilities or property may occur only on the
approved location, and failure to limit an approved or scheduled use to the approved location may be
deemed trespassing.
3.12 Promotional materials or other publicity concerning any approved and scheduled use of
University facilities or property must clearly disclose: (a) the nature, subject matter, and purpose of the
use (e.g., event, solicitation, speech, rally, etc.); (b) the identity of the sponsoring entity; and (c) the
identity of all other groups or entities involved in or benefitting from the use.
3.13 Distribution of literature or printed materials in connection with any approved and scheduled use
of University facilities or property is subject to the applicable provisions of Section 10.6 below.
Requests for approval to distribute literature or printed materials must be obtained from the office,
identified in Section 14 below, to which the request to use University facilities or property must be
submitted.
3.14 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.
4 Criteria for Scheduled University Facility Usage
The general criteria for scheduled uses of University facilities shall include the following:
4.1 The function is compatible with the mission of the University.
4.2 The function can be adequately supported by available facilities, personnel, and resources.
4.3 The function is compatible with the purpose of the sponsoring group or organization.
4.4 The function is sponsored by or co-sponsored with a University affiliated organization with a
logical relationship to the sponsored activity.
5 Use of University Grounds and Exterior Facilities
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:
5.1 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.
5.2 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.
5.3 Graffiti, as defined in Section 2.19 above, may not be affixed or applied to any University
building, facility, or other property, with the sole exception of the interior walls and ceiling of the tunnel
under Rivers Street. Any other application of graffiti to any University property, including to the
handrails and floor inside the tunnel under Rivers street or on the stairs or exterior walls leading to that
tunnel, will be deemed a violation of State law and/or University policy, including but not limited to
N.C.G.S. § 14-132 (injuries to public buildings and facilities), N.C.G.S. § 14-144 (defacing or damaging
houses or other buildings), and/or the Appalachian State University Code of Student Conduct, Section
402k (vandalism, malicious destruction, damage, misuse or abuse of public or private property).
5.4 No public address or amplifying system may be used at any time in any open space without
written approval in advance from the appropriate vice chancellor or director by reporting relationship.
Use of sound amplification equipment must comply with the University's and the City of Boone's noise
regulations.
5.5 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.
5.6 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.
6 Use of Facilities by University Departments and Divisions
6.1 University departments and divisions shall be given priority for the use of University facilities
and property.
6.2 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.
7 Use of Facilities by Recognized Student Clubs, and Organizations and University Affiliated
Organizations
7.1 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.
7.2 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.
7.3 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:
7.3.1 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.
7.3.2 All fund raising activity for such events shall be conducted by members of the club,
organization, or affiliated group.
7.3.3 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.
7.3.4 In multi-group fund raising, each participating group shall be required to comply fully with this
policy.
7.3.5 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.
7.3.6 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.
7.4 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.
7.5 The following policies and procedures apply to events by recognized student clubs and
organizations conducting fund raising events on or off campus:
7.5.1 Except with respect to solicitation permitted under Section 8.3, Section 9.7, and Section 11, only
recognized student clubs and organizations can solicit from students on the Appalachian State
University campus.
7.5.2 The sponsoring club or organization is responsible for compliance with all University rules, local
ordinances and State laws governing solicitation.
7.5.3 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.
7.5.4 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.
7.5.5 The Center for Student Involvement and Leadership will not approve any request that includes
door-to-door solicitation in the residence halls.
7.5.6 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.
7.5.7 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.
7.5.8 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.
7.5.9 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.
7.5.10 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.
7.5.11 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.
8 Use of University Facilities by Not for Profit, Non University Affiliated Organizations
8.1 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.
8.2 The following provisions apply when no admission is charged and there is no type of fund
solicitation of any kind from those in attendance:
8.2.1 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.
8.2.2 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.
8.2.3 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.
8.2.4 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.
8.3 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.
8.4 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.
8.5 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.
8.5.1 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.
8.6 The University reserves the right to audit the proceeds from any fund raising event to ensure
compliance with applicable University and State policies.
8.7 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 9, below.
9 Use of Selected University Facilities by Non University Affiliated Organizations, University
Departments and Divisions, and University Affiliated Organizations:
The following special policies are to apply to the use of athletic facilities and other special properties
described herein:
9.1 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.
9.2 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.
9.3 Administrators responsible for the Student Union, University Bookstore, Camp Broadstone,
Farthing Auditorium, the New York Loft, the Appalachian House, Rosen Concert Hall, Broyhill Inn and
Conference Center, the George C. Holmes Convocation Center, Quinn Center, Legends, the Broome-
Kirk and Varsity Gymnasia, Valborg Theatre, I.G. Greer Arena Theatre, and Owens Field House shall
establish policies and procedures for the use of these facilities consistent with this policy and the
purposes and intent of these programs and facilities. These procedures and policies shall be subject to
the approval of the appropriate vice chancellor or director in the division to which the facility or
program reports.
9.4 These facilities shall be used principally to advance the educational, cultural, developmental,
physical, and social program objectives of the University.
9.5 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.
9.6 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.
9.7 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.
9.8 The University reserves the right to audit the proceeds from any event to ensure compliance with
applicable University and State policies.
10 Distribution of Printed Materials
10.1 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.
10.2 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.
10.3 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.
10.4 Printed material distributed on campus, including printed material distributed pursuant to Section
10.6, must bear the name of the organization on whose behalf the material is being distributed.
10.5 Like any other use of University facilities governed by this Policy, the distribution of printed
materials, including printed material distributed pursuant to Section 10.6, is subject to the provisions of
Section 5.
10.6 Distribution of printed material, other than material distributed pursuant to Sections 10.2 and
10.3, above, is subject to the procedures set out below. Approval to distribute printed materials on
campus pursuant to these procedures shall be given for a specific period of time at specific location(s)
and such written approval shall specify the means by which the information will be distributed.
10.6.1 Businesses and other commercial enterprises wishing to distribute literature on campus should
contact the Office of Business Affairs.
10.6.2 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.
10.6.3 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.
10.6.4 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.
10.6.5 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.
10.6.6 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.
10.6.7 All printed materials to be left in the open for distribution pursuant to Section 10.6.4 must be
placed in racks or display cases that are: (1) designed specifically for the purpose of distributing such
materials; and (2) approved by appropriate University officials. It is the responsibility of the individual
or group granted approval for such distribution to maintain these racks, including updating the materials
regularly and disposing of materials properly. Approval to place material in racks will be given for a
specific time period.
10.6.8 The supervisor of each building or area where the publisher wishes to display materials will have
the authority to designate where racks may be placed and additional expectations for upkeep. It is
understood that publications cannot be excluded by facility managers because the content may be
objectionable to that individual. As stated above, the University will not seek to exercise control over the
content of printed materials or other communication, except expression (e.g., obscenity, defamation,
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).
10.6.9 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.
11 Solicitation and Solicitors
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:
11.1 The solicitor must qualify under the provisions of Sections 7, 8, or 9, above, must obtain cosponsorship
if non University affiliated, and must seek and obtain authorization and scheduling from the
specified University office or officer pursuant to Section 14, below.
11.2 The solicitor seeking permission to solicit must contact, and provide all requested documentation
and information to, the appropriate University office or officer, as specified Section 14, at least five (5)
working days prior to the proposed activity.
11.3 The solicitor must accept and acknowledge understanding the University policies governing use
of University facilities including but not limited to:
11.3.1 Solicitation must occur only at the approved location.
11.3.2 Solicitors may not call out to or ask individuals in the vicinity of the solicitation to participate or
respond to the solicitation.
11.3.3 Solicitors who have been approved and properly scheduled space for solicitation must
prominently display their solicitation permit.
11.3.4 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.
12 Unscheduled Public Speaking Areas and Peaceful Assembly
12.1 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 Sections 5.2, 5.4, 5.5, and 5.6, above, and Sections 12.8, 12.9, 12.10, and 12.11,
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.
12.2 The following areas are designated as Unscheduled Public Speaking areas: (a) Sanford Mall; (b)
Durham Park; (c) the Duck Pond Field behind Trivette Hall; and (d) the open-air amphitheater
adjacent to Plemmons Student Union 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 5.2, 5.4, 5.5, 5.6, 12.8, 12.9, 12.10, and 12.11.
12.3 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 7, 8, or 9, above, must obtain co-sponsorship as required by Section 3.4.1 if non
University affiliated, and must seek and obtain authorization and scheduling from the specified
University office or officer pursuant to Section 14, below.
12.4 Notwithstanding the foregoing Section 12.3, persons who wish to engage in noncommercial
speech at the Unscheduled Public Speaking Areas need not obtain co-sponsorship or authorization.
12.5 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 Universityaffiliated
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.
12.6 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.
12.6.1 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.
12.7 If public speaking or a peaceful assembly will involve solicitation as defined above in Section
2.7, the provisions of Section 11 above will apply and supersede the provisions of this Section 12.
12.8 Use of sound amplification equipment is governed by Section 5.4 above. No sound amplification
of any kind is permitted in the Unscheduled Public Speaking Areas, unless written approval has been
obtained pursuant to Section 5.4.
12.9 Public speakers and those involved in peaceful assemblies must comply with all applicable laws
and all applicable University policies. As stated in Section 5.6 above, individuals who engage in
unlawful conduct while participating in or attending such activities or events will be subject to arrest.
12.10 Public speakers and participants in peaceful assemblies may not call out to non-audiencemembers
or non-participants in the vicinity to request that they listen to the speaker or participate in a
peaceful assembly.
12.11 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.
13 List of User Charges Maintained at Business Affairs Office
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.
14 Scheduling of University Facilities
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:
14.1 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.
14.2 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)
-- New York Loft (contact Hubbard Center)
-- Appalachian House, Washington, D.C. (contact Hubbard Center)
-- Dark Sky Observatory (contact directly)
-- Broyhill Inn (contact directly)
-- Camp Broadstone (contact directly)
-- Farthing Auditorium (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)
14.3 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 (Sanford Mall, Durham Park, the Duck Pond Field behind
Trivette Hall, amphitheater adjacent to Student Union) (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
Residence Life)
-- Intramurals fields at State Farm (contact Recreational Sports)
--John E. Thomas Hall: Meeting Room 357 (contact Residence Life)
--John E. Thomas Hall: Meeting Room 387 (contact Career Services)
14.4 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
14.5 Alumni Affairs
The Alumni Affairs Department schedules events in the following facility:
-- McKinney Alumni Center
14.6 Steps to Scheduling a University Facility
14.6.1 Recognized student clubs and organizations:
14.6.1.1 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.
14.6.1.2 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.
14.6.1.3 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.
14.6.2 University departments and University affiliated organizations other than student clubs and
organizations:
14.6.2.1 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.
14.6.2.2 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.
14.6.3 Scheduling of University facilities by non University affiliated groups:
14.6.3.1 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.
14.6.4 Requests for use of University facilities and grounds:
The following information should be provided when requesting approval for use of University facilities
and grounds:
14.6.4.1 an outline of crowd management procedures where appropriate;
14.6.4.2 utility requirements for equipment to be used;
14.6.4.3 special arrangements of the facility;
14.6.4.4 items to be supplied by the University which are not standard facility equipment and
other information as required by departmental forms;
14.6.4.5 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.
15 Authority to Enter Into Contracts
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.

Latest revision as of 19:12, 9 May 2024

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 (“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 – Alcohol at University Events.

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).

Camping

Camping or over-night stays in temporary structures are not permitted without prior approval.

Requests for the Use of Publicly Available Facilities

4.4.1 General

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

4.4.2 Requests Must be in Writing

All requests should be in writing. 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.

4.4.3 Submission of Written Requests

The written request 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 written request 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.

4.4.4 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.

4.4.5 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.

4.4.6 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 submitted a written request 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

4.6.1 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.

4.6.2 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.

4.6.3 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

4.7.1 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.

4.7.2 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.

4.7.3 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.

4.7.4 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.

4.7.5 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.

4.7.6 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 as needed.

Additional References

Publicly Available Facilities (“Appendix A”)
Leon Levine Hall Room Reservation Policies
Plemmons Student Union Reservations
UNC System Campus Free Speech and Free Expression
Appalachian Policy 106.1 – Alcohol at University Events
Appalachian Policy 505 – Campus Dining

Authority

UNC System Policy - Chapter 1300.8

Contact Information

Office of Student Affairs 828.262.2060
Office of Academic Affairs 828.262.2070
Appalachian Department of Public Safety 828.262.2150

Original Effective Date

September 22, 2004

Revision Dates

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