Facility Use Policy

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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.

3 General Policy 3.1 Use of University facilities and grounds is governed by the laws of the State of North Carolina. Policies and guidelines have been established to ensure compliance with these laws, their consistent application, and the orderly use of these facilities within the resources and mission of the University. University facilities exist to accomplish the educational objectives and programs of the University. University departments, divisions of the University, University affiliated organizations and recognized student organizations are granted use of these facilities for educational, cultural, developmental, and social programs and activities within the guidelines of this policy. Departments and divisions of the University shall have priority in the use of University facilities. Recognized student organizations and University affiliated organizations shall have priority in use over non University organizations and persons.

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