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''Number from Table of Contents''
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Policy 104
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== Introduction ==
 
== Introduction ==
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This policy is adopted for the orderly use of University facilities and property by University
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1.1 The primary use of any Appalachian State University (“Appalachian”) facility shall be for purposes
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departments, recognized student clubs and organizations, University affiliated groups and persons, and
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related to and consistent with the University’s missions. Appalachian’s mission, as it relates to the use
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non-University affiliated groups and organizations and persons, as well as to establish parameters and
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of related facilities, is to encourage the free exchange of ideas on campus while assuring that other
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procedures governing the distribution of printed materials on property owned or controlled by
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important University interests and activities are not infringed upon or disrupted.
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Appalachian State University.
+
  
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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.
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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.  
  
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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.
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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
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additional policies specific to certain facilities or for specific events that may include more restrictive
 +
provisions than this policy. Persons or organizations seeking to use any University Facility are
 +
advised to inquire about the existence of any such additional policies at the time they reserve its use.
  
 
== Scope ==
 
== Scope ==
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2.1 This policy applies to any and all Facilities owned, leased, or under the authority of Appalachian.
  
 
== Definitions ==
 
== Definitions ==
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; University
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=== Facilities ===
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: refers to Appalachian State University.
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: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.
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; Student clubs and organizations
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: are organizations comprised of Appalachian State University students and recognized by the University through its formal recognition procedures.
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=== Publicly Available Facilities ===
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; University departments
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: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”)].
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: are budgetary units of Appalachian State University.
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; University affiliated organizations
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=== Non-Publicly Available Facilities ===
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: 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.
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: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.
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; Non University affiliated organizations
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: include all groups or organizations which are not directly supported by the University or are not recognized student organizations.
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=== Use ===
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; Fund raising
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:An individual or group’s presence, occupancy, activity, or event, in or upon Appalachian’s Facilities.
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: 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.
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:Examples of events and activities that constitute “Use” under this policy include, but are not limited to:
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; Solicitation
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:* meetings and activities of students and student organizations;
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: 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.
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:* solicitations, fundraising, sales, and other commercial activities;
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; A solicitor
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:* conducting polls, surveys, or interviews;
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: is defined as any person or entity who engages or attempts or seeks to engage in solicitation, as defined above.
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:* display of signs, message boards, chalking or similar items;
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; Peaceful Assembly
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:* demonstrations, protests, rallies, vigils, and assemblies; and
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: 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.
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:* meetings, activities, conferences, speeches, performances, and other events by nonUniversity affiliated groups or individuals.
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; Public speaking
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: 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.
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=== Unscheduled Public Speaking Area ===
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; Public speaker
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: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.
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: is a person who engages in or seeks to engage in public speaking, as defined above.
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; Public
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=== Authorized Designee ===
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: 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.
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: 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.
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; Not for profit organizations
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: are non University affiliated organizations for which contributions are tax deductible.
+
−
; Facilities
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: 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
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: 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.
+
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; Unscheduled Public Speaking Areas
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: 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.
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−
; Unlawful conduct
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: 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.
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; State law
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: 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
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: 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  ==
 
== Policy and Procedure Statements  ==
  
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=== General Policy ===
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=== Publicly Available Facilities ===
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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.
+
'''4.1.1 General'''
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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.
+
: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.
  
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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.
+
'''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.
  
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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).
+
:'''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 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.
+
:'''4.1.2.2 Fronting for Non-Affiliated Individuals and Groups'''
−
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.
+
::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.
  
−
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.
+
:'''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.
  
−
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.
+
:'''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.
  
−
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.
+
:'''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.
  
−
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.
+
:'''4.1.2.6 Safety & Security'''
 +
::Any affiliated or non-affiliated group that requires security, emergency management services, or other safety staffing for its registered event, is responsible for paying reasonable costs for those services. Information regarding fees and reservations for these Facilities can be obtained by contacting the Authorized Designee. Please note that many of these Facilities have specific restrictions as to occupancy, hours of use, and other requirements, and may not be available or suitable for every requested use. Use of alcohol at any event at a Publicly Available Facility is subject to Appalachian Policy 106.1 – Alcohol at University Events.
  
−
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.  
+
=== Non-Publicly Available Facilities ===
 +
'''4.2.1 General'''
 +
:Use of Non-Publicly Available Facilities shall be restricted to activities related to the education, research and service missions of the University.
  
−
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.
+
'''4.2.2 Types of Non-Publicly Available Facilities'''
 +
:Unless otherwise specified, the following are Non-Publicly Available Facilities:
 +
:* all Facilities not identified in Appendix A;
 +
:* all private offices and laboratories; and
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:* the Dining Hall Bridge (because this space is limited to the public as a walkway).
  
−
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.
+
=== Requests for the Use of Publicly Available Facilities ===
 +
'''4.3.1 General'''
 +
:Requests for the Use of Appalachian Facilities must be submitted to the Authorized Designee for that Facility.
  
−
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.
+
'''4.3.2 Requests Must be in Writing'''
 +
:All requests should be in writing. Certain Facilities have additional registration or Use requirements. Please check with the Authorized Designee when making reservations for a specific Facility to ensure all requirements are met.
  
−
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,
+
'''4.3.3 Submission of Written Requests'''
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identified in Section 14 below, to which the request to use University facilities or property must be submitted.
+
:The written request should be submitted in accordance with the time frames set by the particular Facility. If no time frame is set for the Facility, Appalachian requests submission of the written request to the Authorized Designee at least seven (7) days prior to the anticipated Use to allow sufficient time to review and respond to the request. Submissions that are made within six (6) days of the anticipated Use will be considered, but there is no guarantee that Use of the Facilities requested will be accommodated if the time, place, or manner of the requested Use is not compatible with the Facility. This holds true for all requests. Also, any competing requests for Use of a Facility will be resolved on a “first come, first served” basis, with preference given to individuals or groups affiliated with the University.
  
−
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
+
'''4.3.4 Initial Determination of Facility Use'''
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necessary part of the University's normal activities.
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:When reserving space for events or activities, assuming that no scheduling conflicts with another event, the Authorized Designee in consultation with the appropriate University official(s) will consider:
 +
:*whether the requested location is suitable for the event or activity;
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:*whether the event or activity is compatible with the mission of the University;
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:*whether the event meets the appropriate University time, manner, and place restrictions; and
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:*whether health and safety concerns require special precautions or arrangements for this location.
  
−
=== Criteria for Scheduled University Facility Usage ===
+
'''4.3.5 Facility Use Considerations'''
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The general criteria for scheduled uses of University facilities shall include the following:
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: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:
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* The function is compatible with the mission of the University.
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:*the anticipated size of the proposed event or activity;
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* The function can be adequately supported by available facilities, personnel, and resources.
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:*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;
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* The function is compatible with the purpose of the sponsoring group or organization.
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:*impact of the proposed event or activity on traffic;
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* The function is sponsored by or co-sponsored with a University affiliated organization with a logical relationship to the sponsored activity.
+
:*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
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:*whether the proposed event or activity conflicts with any pending exclusive rights contracts of the University.
  
−
=== Use of University Grounds and Exterior Facilities ===
+
'''4.3.6 Denial of a Facility Use Request'''
−
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:
+
:The Authorized Designee may deny a request to reserve space for an event or activity if:
−
* 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.
+
:*the applicant has not submitted a written request as expressed under this policy;
−
* 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.
+
:*the request to reserve space contains a material misrepresentation or materially false statement;
−
* 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).
+
:*the request is not submitted within the time frames identified in Section 4.3.3;
−
* 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.
+
:*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;
−
* 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.
+
:*the applicant has an outstanding balance for previous reservations or services with the University;
−
* 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.
+
:*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.
  
−
=== Use of Facilities by University Departments and Divisions ===
+
=== Insurance ===
−
University departments and divisions shall be given priority for the use of University facilities and property.
+
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
  
−
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.
+
=== Scheduling Priorities ===
 +
'''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'''
 +
: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'''
 +
: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 ===
 +
'''4.6.1 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'''
 +
: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'''
 +
: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'''
 +
:The University reserves the right to immediately terminate any Use of University Facilities or grounds if continuation of such Use will result in: (a) danger to participants or others; (b) unlawful conduct or violation of University policies by participants or others; or (c) interference with, disruption or disturbance of the University's educational mission, operations, business, or functions.
 +
 
 +
'''4.6.5 Use of Amplifying System Prohibited'''
 +
:No public address or amplifying system may be used at any time in any Facility, or on University grounds, without written approval in advance from the appropriate Authorized Designee. Use of sound amplification equipment must comply with the University's and the Town of Boone's noise regulations.
 +
 
 +
'''4.6.6 Authority and Oversight'''
 +
:The Chancellor has delegated authority and oversight for the administration and implementation of this policy to the Vice Chancellor for Student Affairs, which shall include updating and revising Appendix A as needed.
  
 
== Additional References ==
 
== Additional References ==
 +
:[https://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://studentunion.appstate.edu/reservations Plemmons Student Union Reservations]
 +
:[https://www.northcarolina.edu/offices-and-services/governance-legal-and-risk/campus-free-speech-and-free-expression/ UNC System Campus Free Speech and Free Expression]
 +
:[[Alcohol at University Events|Appalachian Policy 106.1 – Alcohol at University Events]]
 +
:[[Food Services|Appalachian Policy 505 – Campus Dining]]
  
 
== Authority ==
 
== Authority ==
−
 
+
:UNC System Policy - Chapter 1300.8
  
 
== Contact Information ==
 
== Contact Information ==
 +
:Office of Student Affairs 828.262.2060
 +
:Office of Academic Affairs 828.262.2070
 +
:Appalachian Department of Public Safety 828.262.2150
  
−
 
+
== Original Effective Date ==
−
== Effective Date ==
+
:September 22, 2004
  
 
== Revision Dates ==
 
== Revision Dates ==
 +
 +
:January 22, 2015
 +
:September 23, 2016
 +
:June 21, 2017
 +
:August 18, 2017
 +
:September 30, 2020
 +
:October 26, 2022
 +
:October 10, 2023
 +
 +
[[Category:Contents]]
 +
[[Category:Governance and Administration]]

Revision as of 20:11, 10 October 2023

Policy 104

1 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.

2 Scope

2.1 This policy applies to any and all Facilities owned, leased, or under the authority of Appalachian.

3 Definitions

3.1 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.

3.2 Publicly Available Facilities

Facilities which Appalachian makes available for Use by students, faculty, staff, and officially recognized Appalachian organizations, as well individuals and groups that are not otherwise affiliated with Appalachian. A list of Publicly Available Facilities may be viewed in the following document Publicly Available Facilities (“Appendix A”).

3.3 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.

3.4 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.

3.5 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.

3.6 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.

4 Policy and Procedure Statements

4.1 Publicly Available Facilities

4.1.1 General

Any individual or group, including Appalachian students, faculty and staff, may reserve and use Publicly Available Facilities for any lawful purpose, subject to the provisions of this policy.

4.1.2 Reservations

Reservation of indoor locations is required for any Use by individuals or groups whether affiliated or nonaffiliated with Appalachian. Some Publicly Available Facilities, both indoor and outdoor, may be open to ordinary pedestrian traffic. However, if those areas are used for scheduled events, reservations are required.
4.1.2.1 Reservations by Non-Affiliated Organizations or Individuals
Non-affiliated organizations or individuals may only make reservations of Publicly Available Facilities when made with a University-affiliated organization or department. In all cases, non-affiliated organizations or individuals are required to reimburse Appalachian for reservation fees (Section 4.1.2.5) and safety and security costs (Section 4.1.2.6). Non-Publicly Available Facilities are limited for Use by Appalachian faculty, students, staff and officially recognized University Organizations for activities related to the University’s education, research and service missions. Appalachian faculty, students, staff and organizations may not reserve a Non-Publicly Available Facility on behalf of or for the Use of an outside organization. The Authorized Designee of Appalachian for a Non-Publicly Available Facility may deny or rescind permission to Use that Facility if it is determined that the Use is not primarily for the benefit of the faculty, student, staff or officially-recognized organization making the reservation. The faculty, student, or staff making the reservation:
  • must be a current student, staff, or faculty member;
  • must be making the reservation on behalf of the student-organization or other University affiliated organization or department (if made by a faculty or staff member, the employee must be making the reservation in connection to the University’s mission; and if by an officially-recognized organization, the reservation must be for the benefit of the organization);
  • all communications regarding event plans and preparations must be completed by the student member, faculty, or staff, as applicable; and
  • the student organization or University-affiliated organization must be listed as a sponsor on all publicity.
4.1.2.2 Fronting for Non-Affiliated Individuals and Groups
Appalachian faculty, students, staff and organizations also may not reserve Publicly Available Facilities on behalf of or for the Use of an outside organization so the outside organization can use the Facility at a reduced rate. This conduct constitutes “Fronting” and is prohibited. The Authorized Designee of Appalachian for a Publicly Available Facility may apply the public rate for Use of the Facility if it is determined that the Use is not primarily for the benefit of the faculty, student, staff or officially recognized organization making the reservation.
4.1.2.3 Fronting for Faculty, Staff or University Departments
A student organization may not place a reservation for faculty, staff or University department in order to receive free or reduced fees. A faculty or staff member or University department may not use the name of a student/student organization to place a reservation in order to receive free or reduced fees.
4.1.2.4 Limitation of Liability
Appalachian shall not be liable or responsible for financial or other damages incurred by an individual or organization whose permission to Use a Facility is denied, rescinded or modified (including a rate change), pursuant to Fronting.
4.1.2.5 Reservation Fees
There may be fees associated with the reservation and use of any Publicly Available Facility (fees may differ for affiliated and non-affiliated individuals and groups), which shall be objectively determined based on content-neutral criteria including, but not limited to, the anticipated attendance, security, maintenance, staffing, cleaning and equipment requirements.
4.1.2.6 Safety & Security
Any affiliated or non-affiliated group that requires security, emergency management services, or other safety staffing for its registered event, is responsible for paying reasonable costs for those services. Information regarding fees and reservations for these Facilities can be obtained by contacting the Authorized Designee. Please note that many of these Facilities have specific restrictions as to occupancy, hours of use, and other requirements, and may not be available or suitable for every requested use. Use of alcohol at any event at a Publicly Available Facility is subject to Appalachian Policy 106.1 – Alcohol at University Events.

4.2 Non-Publicly Available Facilities

4.2.1 General

Use of Non-Publicly Available Facilities shall be restricted to activities related to the education, research and service missions of the University.

4.2.2 Types of Non-Publicly Available Facilities

Unless otherwise specified, the following are Non-Publicly Available Facilities:
  • all Facilities not identified in Appendix A;
  • all private offices and laboratories; and
  • the Dining Hall Bridge (because this space is limited to the public as a walkway).

4.3 Requests for the Use of Publicly Available Facilities

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

All requests should be in writing. Certain Facilities have additional registration or Use requirements. Please check with the Authorized Designee when making reservations for a specific Facility to ensure all requirements are met.

4.3.3 Submission of Written Requests

The written request should be submitted in accordance with the time frames set by the particular Facility. If no time frame is set for the Facility, Appalachian requests submission of the written request to the Authorized Designee at least seven (7) days prior to the anticipated Use to allow sufficient time to review and respond to the request. Submissions that are made within six (6) days of the anticipated Use will be considered, but there is no guarantee that Use of the Facilities requested will be accommodated if the time, place, or manner of the requested Use is not compatible with the Facility. This holds true for all requests. Also, any competing requests for Use of a Facility will be resolved on a “first come, first served” basis, with preference given to individuals or groups affiliated with the University.

4.3.4 Initial Determination of Facility Use

When reserving space for events or activities, assuming that no scheduling conflicts with another event, the Authorized Designee in consultation with the appropriate University official(s) will consider:
  • whether the requested location is suitable for the event or activity;
  • whether the event or activity is compatible with the mission of the University;
  • whether the event meets the appropriate University time, manner, and place restrictions; and
  • whether health and safety concerns require special precautions or arrangements for this location.

4.3.5 Facility Use Considerations

In making these considerations, the following factors shall also be considered, in addition to any other content-neutral factors that may be relevant to a particular Facility:
  • the anticipated size of the proposed event or activity;
  • noise likely to be generated by the proposed event or activity, and the impact, if any, on academic activities or other University activities in the vicinity;
  • impact of the proposed event or activity on traffic;
  • whether the accommodations provided in the requested location are suitable and adequate for the proposed event or activity;
  • whether the proposed event or activity complies with applicable laws, rules, regulations, and policies;
  • whether the proposed event or activity poses any risk to the health or safety of participants, observers, or others in the vicinity of the event or activity; and
  • whether the proposed event or activity conflicts with any pending exclusive rights contracts of the University.

4.3.6 Denial of a Facility Use Request

The Authorized Designee may deny a request to reserve space for an event or activity if:
  • the applicant has not submitted a written request as expressed under this policy;
  • the request to reserve space contains a material misrepresentation or materially false statement;
  • the request is not submitted within the time frames identified in Section 4.3.3;
  • the applicant has been notified of damage to University Facilities or grounds from Use in the past in violation of University rules, regulations, or policies, and has not paid for repairs;
  • the applicant has an outstanding balance for previous reservations or services with the University;
  • the request to Use Facilities or grounds is scheduled at a time that conflicts with the time of another preexisting scheduled reservation; or
  • the Use or activity would present an unreasonable health or safety danger.

4.4 Insurance

All nonaffiliated individuals or groups requesting space for any reason at Appalachian will be required to obtain and provide proof of liability insurance based on the insurance requirements set by the University’s Risk Manager

4.5 Scheduling Priorities

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

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

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.

4.6 Policy Implementation and Compliance

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

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

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

The University reserves the right to immediately terminate any Use of University Facilities or grounds if continuation of such Use will result in: (a) danger to participants or others; (b) unlawful conduct or violation of University policies by participants or others; or (c) interference with, disruption or disturbance of the University's educational mission, operations, business, or functions.

4.6.5 Use of Amplifying System Prohibited

No public address or amplifying system may be used at any time in any Facility, or on University grounds, without written approval in advance from the appropriate Authorized Designee. Use of sound amplification equipment must comply with the University's and the Town of Boone's noise regulations.

4.6.6 Authority and Oversight

The Chancellor has delegated authority and oversight for the administration and implementation of this policy to the Vice Chancellor for Student Affairs, which shall include updating and revising Appendix A as needed.

5 Additional References

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

6 Authority

UNC System Policy - Chapter 1300.8

7 Contact Information

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

8 Original Effective Date

September 22, 2004

9 Revision Dates

January 22, 2015
September 23, 2016
June 21, 2017
August 18, 2017
September 30, 2020
October 26, 2022
October 10, 2023
Retrieved from "https://policy.appstate.edu/index.php?title=Facility_Use&oldid=12838"