Facility Use Policy

Number from Table of Contents

Introduction

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

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

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.

Definitions

University

refers to Appalachian State University.

Student clubs and organizations

are organizations comprised of Appalachian State University students and recognized by the University through its formal recognition procedures.

University departments

are budgetary units of Appalachian State University.

University affiliated organizations

include all official University committees, special committees, groups, and task forces supported directly by the University; the Appalachian State University Foundation, Inc. and the Appalachian State University Alumni Association.

Non University affiliated organizations

include all groups or organizations which are not directly supported by the University or are not recognized student organizations.

Fund raising

includes the charging of admission, solicitation for funds, sales, or donations in any form by a recognized student club or organization, University affiliated organization, or a non-University affiliated organization.

Solicitation

is defined as any effort or attempt to: (a) importune, entreat, implore, ask, attempt to try to obtain an order or to invite business transaction for a product offered or being sold; (b) seek orders, subscriptions, political or charitable contributions, or any other kind of financial support; or (3) distribute literature, hand-bills, samples, or other printed material for the purpose of advertising products, services, or other commercial enterprises to members of the University community.

A solicitor

is defined as any person or entity who engages or attempts or seeks to engage in solicitation, as defined above.

Peaceful Assembly

is the use of university facilities for the purpose of conducting a lawful assembly, rally, or demonstration not involving conduct or the encouragement of conduct that violates or would violate the law or policies of the University.

Public speaking

is the use of University facilities for the purpose of orally and publicly communicating, informing, educating, or conveying an idea, concept, principle, belief, etc., to one or more other persons, other than in conversation.

Public speaker

is a person who engages in or seeks to engage in public speaking, as defined above.

Public

is defined as open to attendance by any individual or group and not limited solely to members of a recognized student club or organization, University department, or University affiliated organization.

Not for profit organizations

are non University affiliated organizations for which contributions are tax deductible.

Facilities

are defined as buildings and grounds owned or controlled by the University. Excluded from this policy are properties owned or controlled by the Appalachian State University Foundation, Inc. or the Board of Trustees of the Endowment Fund of Appalachian State University unless these facilities are in use principally for support of student activities or academic programs.

Division of the University

is a group of University departments organized around a particular function. There are four divisions of the University: Academic Affairs, Business Affairs, Student Development, and University Advancement.

Unscheduled Public Speaking Areas

are areas on campus at which the University permits assemblies and gatherings of affiliated and non-affiliated persons and groups without prior approval, for noncommercial purposes, on a first-come first-served basis, unless the use of such area(s) has been previously scheduled pursuant to other provisions of this Policy. Currently, such Unscheduled Public Speaking Areas include Sanford Mall, Durham Park, the Duck Pond Field behind Trivette Hall, and the open-air amphitheater adjacent to the Plemmons Student Union.

Unlawful conduct

is conduct that is prohibited by Federal, State, or local law or regulation, or that violates one or more rights of a person or entity under the common law of North Carolina.

State law

for purposes of this Policy is North Carolina law potentially applicable to expressive conduct, both common law (including, but not limited to, the law of defamation and infliction of emotional distress) and statutory law, including, but not limited to: N.C.G.S. § 14-190.1 (obscene literature and exhibitions); N.C.G.S. § 14-190-13 (definitions for certain offenses concerning minors); N.C.G.S. § 14-190.14 (distributing material harmful to minors); N.C.G.S. § 14-190.15 (disseminating harmful material to minors); N.C.G.S. § 14-288.4 (disorderly conduct); N.C.G.S. § 14-144 (defacing buildings); N.C.G.S. § 14-132 (disorderly conduct in and injuries to public buildings and facilities); N.C.G.S. § 14-145 (unlawful posting of advertisements); N.C.G.S. § 14-159.12 (first degree trespass); N.C.G.S. § 14-159.13 (second degree trespass); N.C.G.S. § 14-10 (prohibiting disguises in certain circumstances); N.C.G.S. § 14-394 (anonymous threatening or disgrace-causing writings); and N.C.G.S. § 14-35 (hazing).

Graffiti

for purposes of this policy, includes all forms of writing, lettering, drawing, tagging, marking, or painting on objects, buildings, walls, or any other surfaces, whether mobile or stationary.

Policy and Procedure Statements

General Policy

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

Appalachian State University recognizes the value of providing students, faculty, staff and others the opportunity to assemble and communicate with one another outside the classroom setting, as well as to distribute informative printed material to members of the University community. The University is committed to protecting First Amendment rights of individuals and will afford reasonable opportunity for people to distribute printed materials and to engage in other forms of expression and assembly on campus. Except with respect to commercial expression, and expression (e.g., obscenity, defamation, fighting words, harassment) which the Supreme Court has held constitutes "constitutionally proscribable content," see, e.g., R. A. V. v. City of St. Paul, 505 U.S. 377, 382-86, 390-92 (1992), the University will not make decisions or take actions based on the content of printed materials distributed on campus. However, the University reserves the right to place restrictions, unrelated to the content of noncommercial expression, on the time, place and manner of the use of campus facilities, including the distribution of printed material on campus.

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).

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. Programs by these organizations must be co-sponsored by a University affiliated organization or department with a logical relationship to the sponsored program. In all cases, these organizations are required to reimburse the University for the costs of utilities, custodial services, and other direct and indirect costs, except where the function serves the primary purpose of recruiting new students to the University.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

Criteria for Scheduled University Facility Usage

The general criteria for scheduled uses of University facilities shall include the following:

• The function is compatible with the mission of the University.
• The function can be adequately supported by available facilities, personnel, and resources.
• The function is compatible with the purpose of the sponsoring group or organization.
• The function is sponsored by or co-sponsored with a University affiliated organization with a logical relationship to the sponsored activity.

Use of University Grounds and Exterior Facilities

Because the use of University grounds or any exterior facilities presents the possibility of disturbance to normal University activities and damage to University property, the criteria governing the use of exterior space shall include, but not be limited to, the following:

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

Use of Facilities by University Departments and Divisions

University departments and divisions shall be given priority for the use of University facilities and property.

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

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

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.

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.

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:

• The primary purpose of such fund raising shall be to raise money for the benefit of the club, organization, or affiliated group, the University community, or for the benefit of a charitable group sponsored by the affiliated group.
• All fund raising activity for such events shall be conducted by members of the club, organization, or affiliated group.
• The fund raising promotional materials used by the affiliated group may acknowledge the assistance or contribution of a non University affiliated group, but no promotional material or activity shall be conducted in such a manner as to extend to a non University affiliated group the benefits established for University affiliated groups.
• In multi-group fund raising, each participating group shall be required to comply fully with this policy.
• When fund raising events are held, the sponsoring organization may be required to reimburse the University for custodial services and other direct costs. Such reimbursement may be in the form of a user fee. The director or dean responsible for the facility to be used shall make this judgment, subject to review by the appropriate vice chancellor or director.
• The University reserves the right to audit all proceeds from any fund raising events conducted on campus by recognized student clubs and organizations or University affiliated organizations.

No student club or organization, nor University affiliated organization, will enter into a contract with an individual or commercial enterprise for use of University facilities.

The following policies and procedures apply to events by recognized student clubs and organizations conducting fund raising events on or off campus:

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

Use of University Facilities by Not for Profit, Non University Affiliated Organizations

Costs and damages incidental to the use of a facility under this policy, whether or not caused by a member or members of the organization, shall be borne by the organization using the facility. As a condition of use, the user organization may be required to provide satisfactory assurance of financial responsibility to the University and enter into a written facilities use agreement.

The following provisions apply when no admission is charged and there is no type of fund solicitation of any kind from those in attendance:

• Permission may be granted for the sponsorship of educational or charitable programs for the benefit of the general student body of the University or the larger community.
• The University shall be reimbursed for the cost of utilities, janitorial services and other direct and indirect costs incurred in connection with the program. Such reimbursement may be in the form of a user fee.
• The University department responsible for the facility to be used will be responsible for coordinating and making provisions for control of traffic, parking, crowd management, janitorial services and other services related to the use of the facility. Any special charges or fees associated with this arrangement will be included in the user fee.
• An outline of crowd management procedures shall be submitted by the user when deemed appropriate by University departments responsible for the facility to be used.

When admission is charged or solicitation for funds in any form is made from those in attendance, the University shall be reimbursed for the fair market value of the facility for the period of its use and any additional period during which it is reserved for use, or the cost of utilities, custodial services and other expenses incurred in connection with the program, whichever is greater. Such reimbursement may take the form of a user fee.

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.

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.

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.

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

Except as herein provided, non University affiliated individuals and organizations are prohibited from canvassing, selling, offering for sale, soliciting, or promoting the sale of any goods or services in University facilities or on University property except under the conditions specified in Section 4.7, below.