Facility Use Policy: Difference between revisions

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Policy 104
University Policy 104


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


1.2 Except as provided by federal and state law, University property is not a place of unrestricted public
1.1 The purpose of the Facilities at Appalachian State University (the “University”) is to support the educational mission and strategic goals of the University. The Facilities are available primarily for programs offered by and intended for the University community. As a public institution, the University also seeks to reach out and be accessible to the larger community. To the extent that a Facility is available, the University welcomes community groups and organizations to utilize limited, designated Facilities for purposes compatible with the University’s mission and strategic goals.
access. The instructional, research, and service needs of the University shall take precedence over any
other prospective use of University facilities.  


1.3 The purpose of this policy is to set forth the conditions under which Appalachian facilities may be
1.2 The purpose of this policy is to set priorities for Facility Use and define scheduling procedures associated with event management and Facility Use. Activities shall in no way violate the purposes, property, policies, procedures, or regulations of the University or federal and state laws. All organizations are expected to follow the rules and regulations governing the particular Facility being used.
used by persons or organizations for purposes other than their primary function. There may be
additional policies specific to certain facilities or for specific events that may include more restrictive
provisions than this policy. Persons or organizations seeking to use any University Facility are
advised to inquire about the existence of any such additional policies at the time they reserve its use.


== Scope ==
1.3 Permission to use a Facility does not imply endorsement, sponsorship, or support by the University of the views, opinions, or programs of the users or speakers.
2.1 This policy applies to any and all Facilities owned, leased, or under the authority of Appalachian.


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


=== Publicly Available Facilities ===
2.1 This policy applies to all groups and individuals using any and all Facilities owned, leased, or under the authority of the University.
:Facilities which Appalachian makes available for Use by students, faculty, staff, and officially recognized Appalachian organizations, as well individuals and groups that are not otherwise affiliated with Appalachian. A list of Publicly Available Facilities may be viewed in the following document [https://policy.appstate.edu/images/6/6b/Publicly_Available_Facilities_%28Appendix_A%29_10.26.22.pdf Publicly Available Facilities (“Appendix A”)].


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


=== Use ===
3.1 '''Assigned Space:''' Space for which a University Unit has been delegated the responsibility to administer and schedule.  Assigned Space may include, but is not limited to: conference rooms, offices, lounges, foyers, reservable outdoor spaces, high traffic outdoor space for ingress/egress, and designated non-instructional laboratories and/or buildings. All indoor space shall be Assigned Space.  
:An individual or group’s presence, occupancy, activity, or event, in or upon Appalachian’s Facilities.
:Examples of events and activities that constitute “Use” under this policy include, but are not limited to:
:* meetings and activities of students and student organizations;
:* solicitations, fundraising, sales, and other commercial activities;
:* conducting polls, surveys, or interviews;
:* display of signs, message boards, chalking or similar items;
:* demonstrations, protests, rallies, vigils, and assemblies; and
:* meetings, activities, conferences, speeches, performances, and other events by nonUniversity affiliated groups or individuals.


=== Unscheduled Public Speaking Area ===
3.2 '''Extension Activities:''' Activities that extend the University’s mission beyond the traditional academic classroom, including academic clubs, recruiting Events, and guest speaker Events.
:Areas on campus at which Appalachian permits assemblies and gatherings of University affiliated and non-affiliated persons and groups without prior approval, for noncommercial purposes, on a first-come first-served basis, unless the Use of such area(s) have been previously scheduled pursuant to other provisions of this Policy. Appalachian’s Unscheduled Public Speaking Areas only include Sanford Mall and Durham Park.


=== Authorized Designee ===
3.3 '''Facility:''' Any building, structure, ground, sidewalk, recreation area, and street considered to be part of Appalachian State University campus, owned, leased or under the authority of the University.
: A University official responsible for reviewing and approving the Use of Appalachian Facilities, as referenced in Appendix A, or as otherwise identified by the University.


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


===  Publicly Available Facilities ===
3.5 '''Guest:''' A person, group, club, or other organization that is invited to engage in activities on University property, sponsored by the University. Guests may be removed from campus at any time.
'''4.1.1 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'''
3.6 '''Instructional Space:''' Space in which classes are regularly scheduled. This includes general use classrooms, laboratories, and related space designed for instructional purposes.
: 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'''
3.7 '''Non-University Groups:''' Any prospective group not specifically defined by this policy. Groups include individual groups, not-for-profit organizations (must have a 501(c)(3) letter on file to be considered a not-for-profit group), or for-profit organizations.
:: 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'''
3.8 '''Residential Space:''' Space that supports the on-campus residential program.
::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'''
3.9 '''Responsible Administrator:''' The Chancellor, Vice Chancellor, or designee with administrative responsibility and specific accountability for the Use of the University Facility as designated in the University’s space scheduling system.
::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'''
3.10 '''Recognized Student Organization:''' A student group or organization that is registered with University Campus Activities in accordance with approved University policies.
::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'''
3.11 '''Support Services:''' Any service provided by a University or non-University entity specifically required to support an Event.  Such services may include but are not limited to food service, parking, background checks, police and public safety, security, meeting space, technical support (audiovisual, lighting, etc.) and table, chair, tent or other equipment rental.
::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'''
3.12 '''University-Associated Entity:''' A not-for-profit organization established and approved as a recognized University Associated Entity in accordance with the University of North Carolina System policy whose primary purpose is to support the University, including the Appalachian State University Foundation and the Board of Trustees of the Endowment Fund of Appalachian State University.
::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 ===
3.13 '''University-Sponsored Group:''' A group sponsored by a University Unit or University-Associated Entity. Sponsorship requires the assumption of financial responsibility for event or Use -related costs including damage assessments and requires approval by the Responsible Administrator.
'''4.2.1 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'''
3.14 '''University Unit:''' An administrative or academic unit within the University, staffed by University employees acting within the scope of their employment. Also included in this group are the intercollegiate athletic department and teams, university committees, task forces, governance bodies, and councils.
: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 ===
3.15 '''Use:''' An individual or group’s presence, occupancy, activity, or event, in or upon the University's Facilities, which may be referenced in this policy as “Event”.
'''4.3.1 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'''
== 4. Policy Statements ==
:All requests should be in writing on the [https://appstate.campuslabs.com/engage/submitter/form/step/1?Guid=b710004d-d565-4a3e-9106-5451ca39d52e 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'''
'''4.1 General Provisions'''
: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'''
4.1.1 Responsibility for scheduling Use of Facilities is delegated to University Events Scheduling and Communications in accordance with the Procedures for Facility Use Policy and with the following exceptions:
: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:
<ol style="list-style-type:lower-alpha">
:*whether the requested location is suitable for the event or activity;
<li>The scheduling of Instructional Space for academic courses and/or course-related activities, which is delegated to the Office of the Registrar;</li>
:*whether the event or activity is compatible with the mission of the University;
<li>The scheduling of Assigned Space that is delegated to a specific University Unit;</li>
:*whether the event meets the appropriate University time, manner, and place restrictions; and
<li>The scheduling of Residential Space, which is delegated to the Director of University Housing; and</li>
:*whether health and safety concerns require special precautions or arrangements for this location.
<li>The scheduling of Facility Use by any Non-University Group, which is delegated to University Conference and Event Services, unless the Facility is Assigned Space that has been otherwise delegated to a specific University Unit.</li>
</ol>


'''4.3.5 Facility Use Considerations'''
4.1.2 All Use of Facilities, including Use of Assigned Space, must be recorded in the University space scheduling system and approved by the Responsible Administrator. Questions regarding campus gatherings, reservations, and other Use of Facilities shall be routed to the Chief of Police and the Responsible Administrator. Space reservations, including use of Assigned Space, must be made at least twenty-four hours in advance of Use. This record will assist Support Service units in their efforts to communicate emergency messages as well as meeting locations to University Guests, when necessary.  It will also provide information on the availability and use patterns of Facilities.  It is the responsibility of all University Units to make information regarding the planned usage of their space accessible to other groups. Support Services for large gatherings, may include the need for identified safety personnel.
: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'''
4.1.3 Any Facility Use or Events that meet any of the following criteria must be coordinated through University Conference and Event Services:
:The Authorized Designee may deny a request to reserve space for an event or activity if:
<ol style="list-style-type:lower-alpha">
:*the applicant has not completed a reservation request form as expressed under this policy;
<li>Summer camps;</li>
:*the request to reserve space contains a material misrepresentation or materially false statement;
<li>Events or Uses involving minors; and</li>
:*the request is not submitted within the time frames identified in Section 4.3.3;
<li>Events or Uses involving more than one Facility.</li>
:*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;
</ol>
:*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 ===
4.1.4 Events that are scheduled for any academic year prior to the official release of athletic schedules for competitions that occur in Facilities used to host intercollegiate athletic contests may be subject to cancellation, rescheduling, or relocation at the University’s discretion.  If it is determined that University Units cannot support both events, NCAA intercollegiate athletic contests will have priority and other events may be asked to reschedule or relocate.
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 ===
4.1.5 Once reserved, the Facility Use will generally not be rescheduled or moved. However, the University reserves the right to move any group or individual to another Facility or reschedule that Use to accommodate the needs of groups assigned a higher use priority by this policy.  In the event the University moves or reschedules the Use, the University will provide a reasonably similar location or time for that Use and will provide notification and explanation of the reason for the change.  The University will not move or reschedule a Use based on the content or viewpoint of the Use or based on reactions to the Use.
'''4.5.1 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'''
4.1.6 A reserved Use shall have priority over any unscheduled Use, even when reserving space is not required by this policy.
: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'''
4.1.7 Camping, including any overnight sleeping in non-Residential Space (such as vehicles, tents, hammocks, buildings, etc.), or overnight gatherings in Facilities that are not Residential Spaces are not permitted without prior written approval as provided in Section 4.1.2.
: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 ===
4.1.8 Fronting is prohibited. If it is determined that a person or group is Fronting for a different person or organization, the Use or event may be canceled immediately. If it is discovered after the fact that a member of the University community fronted for a group or organization, both will be liable for fees and damages created as a result of the Use or Event, including preparation for that Use or Event.
'''4.6.1 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'''
4.1.9 Outdoor assemblies or Events may not take place within fifty (50) feet of any Facility without prior written approval as provided in Section 4.1.2, except as otherwise provided under applicable University Policy, including Policy 106.2 Tailgating. No assembly or Event may be conducted if it interferes University activities, including disruption of the academic, teaching, research, and service mission of the University.
: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'''
'''4.2 Priorities in the Scheduling of Space by Groups'''
: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'''
4.2.1 Instructional Space Scheduling
: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.
<ol style="list-style-type:lower-alpha">
<li>Consistent with the University’s mission, academic classes, research, and Extension Activities will have the highest priority for the Use of Instructional Space.  The University Unit that is primarily assigned to the Instructional Space has priority over other University Units and activities.</li>
<li>A University Unit’s Use for activities other than academic classes, research, and Extension Activities, will have the next highest priority in the use of Instructional Space.</li>
<li>Recognized Student Organizations and University students will have the next highest priority.</li>
<li>University-Associated Entities will have the next highest priority.</li>
<li>University-Sponsored Groups will have the next highest priority.</li>
<li>Non-University Groups will have the lowest priority.</li>
</ol>


'''4.6.5 Use of Amplifying System Prohibited'''
4.2.2 Student Affairs Space Scheduling
: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.
<ol style="list-style-type:lower-alpha">
<li>Student Affairs is responsible for scheduling the following Facilities: Plemmons Student Union.</li>
<li>Recognized Student Organizations and University students will have the highest priority for the Use of the Student Affairs Facilities.</li>
<li>University Units will have the next highest priority.</li>
<li>University-Associated Entities will have the next highest priority.</li>
<li>University-Sponsored Groups will have the next highest priority.</li>
<li>Non-University Groups will have the lowest priority.</li>
</ol>


'''4.6.6 Authority and Oversight'''
4.2.3 University Units funded from sources other than state appropriations may set their own priorities for Facilities other than Instructional Space and Student Affairs Facilities.
: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 ==
'''4.3 Activity Not Requiring Reservations or Approval'''
:[https://policy.appstate.edu/images/6/6b/Publicly_Available_Facilities_%28Appendix_A%29_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://appstate.campuslabs.com/engage/submitter/form/step/1?Guid=b710004d-d565-4a3e-9106-5451ca39d52e 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 ==
4.3.1 Unscheduled Uses may occur by Recognized Student Organizations, University students, and University employees provided that the Use does not interfere with University activities or any events or functions for which the occupied Facility has been reserved in advance. Recognized Student Organizations, University students, and University employees should make reasonable effort to notify the Responsible Administrator as promptly as possible for unscheduled Uses such that the University may be able to facilitate the provision of Support Services.
:UNC System Policy - Chapter 1300.8


== Contact Information ==
4.3.2 To avoid space conflicts, however, all individuals and groups on campus are urged to reserve space for such its Use through University Events Scheduling and Communications. A group that has reserved such space shall have exclusive use during the period of the reservation.
: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 ==
4.3.3 All such Use must be conducted under the following conditions:
:September 22, 2004
<ol style="list-style-type:lower-alpha">
<li>Without sound or light amplification unless coordinated with University Events Scheduling and Communications prior to the Event or Use;</li>
<li>In a manner such that regular instructional activities are not disrupted;</li>
<li>In a place at least five feet away from a street curb and in a manner such that campus pedestrian and automobile traffic are unimpeded; and</li>
<li>In a manner such that members of the University community not participating in the Use may proceed with their normal activities and are not unreasonably disrupted in their offices and classrooms.</li>
</ol>


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


:January 22, 2015
'''4.5 Enforcement:''' Failure to adhere to this policy may result in one or more of the following sanctions:
:September 23, 2016
<ol style="list-style-type:lower-alpha">
:June 21, 2017
<li>Formal warning letter;</li>
:August 18, 2017
<li>Loss of future Use of University Facilities;</li>
:September 30, 2020
<li>Loss of future opportunities for formal sponsorship activity;</li>
:October 26, 2022
<li>Loss of future opportunities to sign sponsorship agreements with student organizations;</li>
<li>Loss of opportunities to sign future contracts with the University; and</li>
<li>Loss of access to University-sponsored events.</li>
</ol>
 
Violation of state or federal law in the course of utilizing University Facilities as contemplated herein will result in a referral to Student Conduct and/or Human Resources and may result in disciplinary action up to and including expulsion, suspension, termination, or trespass from University property.
 
== Administrative Unit Contact ==
 
Office of Student Affairs<br>
[https://studentaffairs.appstate.edu Student Affairs]<br>
828-262-2060
 
Office of Academic Affairs<br>
[https://academicaffairs.appstate.edu Academic Affairs]<br>
828-262-2070
 
Appalachian Department of Public Safety<br>
[https://police.appstate.edu Appalachian Department of  Public Safety]<br>
828-262-2150
 
== History ==
 
'''Issued:'''
 
September 22, 2004
 
'''Revised:'''
 
January 22, 2015<br>
September 23, 2016<br>
June 21, 2017<br>
August 18, 2017<br>
September 30, 2020<br>
October 26, 2022<br>
October 10, 2023<br>
May 1, 2024<br>
December 10, 2024


[[Category:Contents]]
[[Category:Contents]]
[[Category:Governance and Administration]]
[[Category:Governance and Administration]]

Latest revision as of 15:52, 13 December 2024

University Policy 104

1. Purpose

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

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

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

2. Scope

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

3. Definitions

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

4. Policy Statements

4.1 General Provisions

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

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

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

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

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

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

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

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

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

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

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

4.2 Priorities in the Scheduling of Space by Groups

4.2.1 Instructional Space Scheduling

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

4.2.2 Student Affairs Space Scheduling

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

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

4.3 Activity Not Requiring Reservations or Approval

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

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

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

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

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

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

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

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

Administrative Unit Contact

Office of Student Affairs
Student Affairs
828-262-2060

Office of Academic Affairs
Academic Affairs
828-262-2070

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

History

Issued:

September 22, 2004

Revised:

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

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