Facility Use Policy
Policy 104
Introduction
1.1 The primary use of any Appalachian State University (“Appalachian”) facility shall be for purposes related to and consistent with the University’s missions. Appalachian’s mission, as it relates to the use of related facilities, is to encourage the free exchange of ideas on campus while assuring that other important University interests and activities are not infringed upon or disrupted.
1.2 Except as provided by federal and state law, University property is not a place of unrestricted public access. The instructional, research, and service needs of the University shall take precedence over any other prospective use of University facilities.
1.3 The purpose of this policy is to set forth the conditions under which Appalachian facilities may be used by persons or organizations for purposes other than their primary function. There may be additional policies specific to certain facilities or for specific events that may include more restrictive provisions than this policy. Persons or organizations seeking to use any University Facility are advised to inquire about the existence of any such additional policies at the time they reserve its use.
Scope
2.1 This policy applies to any and all Facilities owned, leased, or under the authority of Appalachian.
Definitions
Facilities
- All buildings and structures, grounds, sidewalks, recreation areas, and streets considered to be part of the campus owned, leased or under the authority of Appalachian. Appalachian Facilities are divided into two general categories: Publicly Available Facilities and Non-Publicly Available Facilities.
Publicly Available Facilities
- Facilities which Appalachian makes available for Use by students, faculty, staff, and officially recognized Appalachian organizations, as well individuals and groups that are not otherwise affiliated with Appalachian. A list of Publicly Available Facilities may be viewed in the following document Publicly Available Facilities (hereinafter “Appendix A”).
Non-Publicly Available Facilities
- Facilities of Appalachian which are not publicly available and are only available to University students, faculty, and staff and officially recognized Appalachian organizations. Facilities not listed in Appendix A are not available for Use by individuals or groups not affiliated with the University.
Use
- An individual or group’s presence, occupancy, activity, or event, in or upon Appalachian’s Facilities.
- Examples of events and activities that constitute “Use” under this policy include, but are not limited to:
- meetings and activities of students and student organizations;
- solicitations, fundraising, sales, and other commercial activities;
- conducting polls, surveys, or interviews;
- display of signs, message boards, chalking or similar items;
- demonstrations, protests, rallies, vigils, and assemblies; and
- meetings, activities, conferences, speeches, performances, and other events by nonUniversity affiliated groups or individuals.
Unscheduled Public Speaking Area
- Areas on campus at which Appalachian permits assemblies and gatherings of University affiliated and non-affiliated persons and groups without prior approval, for noncommercial purposes, on a first-come first-served basis, unless the Use of such area(s) have been previously scheduled pursuant to other provisions of this Policy. Appalachian’s Unscheduled Public Speaking Areas only include Sanford Mall and Durham Park.
Authorized Designee
- A University official responsible for reviewing and approving the Use of Appalachian Facilities, as referenced in Appendix A, or as otherwise identified by the University.
Policy and Procedure Statements
Publicly Available Facilities
4.1.1 General
- Any individual or group, including Appalachian students, faculty and staff, may reserve and use Publicly Available Facilities for any lawful purpose, subject to the provisions of this policy.
4.1.2 Reservations
- Reservation of indoor locations is required for any Use by individuals or groups whether affiliated or nonaffiliated with Appalachian. Some Publicly Available Facilities, both indoor and outdoor, may be open to ordinary pedestrian traffic. However, if those areas are used for scheduled events, reservations are required.
- 4.1.2.1 Reservations by Non-Affiliated Organizations or Individuals
- Non-affiliated organizations or individuals may only make reservations of Publicly Available Facilities when made with a University-affiliated organization or department. In all cases, non-affiliated organizations or individuals are required to reimburse Appalachian for reservation fees (Section 4.1.2.5) and safety and security costs (Section 4.1.2.6). Non-Publicly Available Facilities are limited for Use by Appalachian faculty, students, staff and officially recognized University Organizations for activities related to the University’s education, research and service missions. Appalachian faculty, students, staff and organizations may not reserve a Non-Publicly Available Facility on behalf of or for the Use of an outside organization. The Authorized Designee of Appalachian for a Non-Publicly Available Facility may deny or rescind permission to Use that Facility if it is determined that the Use is not primarily for the benefit of the faculty, student, staff or officially-recognized organization making the reservation. The faculty, student, or staff making the reservation:
- must be a current student, staff, or faculty member;
- must be making the reservation on behalf of the student-organization or other University affiliated organization or department (if made by a faculty or staff member, the employee must be making the reservation in connection to the University’s mission; and if by an officially-recognized organization, the reservation must be for the benefit of the organization);
- all communications regarding event plans and preparations must be completed by the student member, faculty, or staff, as applicable; and
- the student organization or University-affiliated organization must be listed as a sponsor on all publicity.
- 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:
- 4.1.2.2 Fronting for Non-Affiliated Individuals and Groups
- Appalachian faculty, students, staff and organizations also may not reserve Publicly Available Facilities on behalf of or for the Use of an outside organization so the outside organization can use the Facility at a reduced rate. This conduct constitutes “Fronting” and is prohibited. The Authorized Designee of Appalachian for a Publicly Available Facility may apply the public rate for Use of the Facility if it is determined that the Use is not primarily for the benefit of the faculty, student, staff or officially recognized organization making the reservation.
- 4.1.2.3 Fronting for Faculty, Staff or University Departments
- A student organization may not place a reservation for faculty, staff or University department in order to receive free or reduced fees. A faculty or staff member or University department may not use the name of a student/student organization to place a reservation in order to receive free or reduced fees.
- 4.1.2.4 Limitation of Liability
- Appalachian shall not be liable or responsible for financial or other damages incurred by an individual or organization whose permission to Use a Facility is denied, rescinded or modified (including a rate change), pursuant to Fronting.
- 4.1.2.5 Reservation Fees
- There may be fees associated with the reservation and use of any Publicly Available Facility (fees may differ for affiliated and non-affiliated individuals and groups), which shall be objectively determined based on content-neutral criteria including, but not limited to, the anticipated attendance, security, maintenance, staffing, cleaning and equipment requirements.
- 4.1.2.6 Safety & Security
- Any affiliated or non-affiliated group that requires security, emergency management services, or other safety staffing for its registered event, is responsible for paying reasonable costs for those services. Information regarding fees and reservations for these Facilities can be obtained by contacting the Authorized Designee. Please note that many of these Facilities have specific restrictions as to occupancy, hours of use, and other requirements, and may not be available or suitable for every requested use. Use of alcohol at any event at a Publicly Available Facility is subject to Appalachian Policy 106.1 – Alcoholic Beverages.
Additional References
- 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)
Authority
Contact Information
- Office of Business Affairs 828.262.2030
- Office of Student Development 828.262.2060
Original Effective Date
- September 22, 2004
Revision Dates
- January 22, 2015
- September 23, 2016
- June 21, 2017
- August 18, 2017