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Use of Campus
Property and Facilities
Purpose
(0240-1-1.01)
The purpose of this policy is to provide a uniform basis upon which the
institutions and area vocational-technical schools governed by the Tennessee
Board of Regents can regulate the use of campus property and facilities by
affiliated and non-affiliated groups, organizations and individuals. The policy
is intended to provide a system of regulations calculated to promote the orderly
conduct of activities on campus property and in campus facilities: to prevent
interruption of or interference with normal missions, processes and functions of
the institutions and schools; to promote an educational rather than commercial
atmosphere on campus; to prevent commercial exploitation of students; to
preserve residential tranquility and to prevent use of campus property and
facilities contrary to federal, state, or local law or regulation, or policies
or regulations of the Tennessee Board of Regents, or the institution and
schools.
Definitions
(0240-1-1.02)
(1) For The Purposes Of These Regulations, The
Following Definitions Shall Apply:
(a) “Student”—a person
who is registered for a credit course or courses or a non-credit course
or program at Tennessee Technological University,
including any such person during
any period which follows the end of an academic
period which the student has completed
until the last day for registration for the next succeeding regular
academic period.
(b) “Guest”—person
invited by a student, official or employee of the institution or school to
visit the campus at a specific time and place.
(c) “Affiliated Group or
Organization”—an officially registered group or organization, or a
group or organization funded by and/or sponsored by
the institution or school or a group
or organization of faculty or other
employees of the institution or school approved by the
President or area school
director. The term shall include any alumni association, booster
club, etc., which is organized and operated for the benefit of the
institution or school.
(d) “Non-Affiliated Group or
Organization”—any group or organization which is not an
“affiliated group or organization.”
(e) “Affiliated Individual”—persons
connected with the University, including the institutions
students, faculty, staff, and guests.
(f) “Non-Affiliated
Individual”—any person who is not an “affiliated individual.”
(2) Access To Campuses
(a) The campuses and facilities of the institutions and schools are
restricted to students,
faculty, staff and guests, of the institutions or
schools, except when part or all of a
campus, its buildings or facilities are
open to the general public for a designated time
and purpose, or when use by
non-affiliated groups, organizations or individuals has
been granted or approved
pursuant to the provisions of this policy or the policy of
the individual institution or school.
(b) All persons on the campus of any institution or school shall be
subject to all rules and
regulations of the institution or school, and the
Tennessee Board of Regents which are
applicable to the conduct of students on
campus, and to all applicable federal and state
laws and regulations. In
addition, all persons who operate motor vehicles on the campus
of any
institution or school agree by such operation to be subject to institution or
school,
and Board rules, regulations, policies and procedures on traffic and
parking.
(c) All persons on the campus of any institution or school shall provide
adequate
identification upon request to appropriate officials and security
personnel of the
institution or school. Personnel and students of the University who refuse to provide such
identification may be subject to disciplinary action.
Other persons who refuse to provide
such identification shall be requested to
leave the campus, and if they refuse, may be
subject to lawful removal and
prosecution.
(3) General Conditions For Use Of Property Or Facilities
(a) Use of campus property and facilities, pursuant to prior approval as
hereinafter required
for meetings or other activities, is subject to limitations
on the number of persons who
may attend in accordance with appropriate building and fire codes and
safety standards.
(b) Regulations of the individual institutions and schools which relate
to the conduct of
assemblies, meetings and demonstrations of affiliated groups,
organizations and
individuals shall apply to assemblies, meetings and demonstrations of non-affiliated
groups, organizations and individuals.
(c) Sound amplification equipment may be used by groups,
organizations and individuals at
assemblies, meetings and
demonstrations only
when prior approval has been granted
by the appropriate officials of the
institution or
school; provided, however, that such
sound amplification is
subject to reasonable regulation by the institution or school with
respect to
time, place, manner and volume.
(d) Institution or school equipment may be used in connection with the
use of campus
property and facilities only with the approval of, or under the
supervision of approved
institution or school personnel.
(e) Each institution and school shall establish a system whereby
affiliated groups,
organizations and individuals are given priority in the use
of property and facilities.
This system may result in a request for use
submitted by a non-affiliated group,
organization or individual being held in
excess of the seven (7) day period referred to in
Rule 0240-1-1-.03 (3) Such
requests will be held and considered in the order received.
The decision to
grant or deny the requests will be made at least ten (10) working days
prior to the date of the requested use.
(f) Campus property and facilities may not be used by any non-affiliated
group, organization
or individual for the conduct of profit-making activities
except when a rental or lease
agreement is negotiated and the institution or
school receives a fair rental value for the
property or facilities used. Rental or lease agreements may be required
for non-profit
activities of non-affiliated
groups, organizations or individuals provided that rental
charges for such use may be reduced or waived in the discretion of the
institution or
school depending upon the nature and extent of the proposed use.
(g) Rental rates may include the fair market value of providing the
property or facilities which
may include overhead, depreciation, maintenance and
security expenses. Rental charges
may be based in part upon a fixed percentage of the gross receipts of the activity with a
minimum rental charge for use of the facilities.
(h) In utilizing campus property or facilities, non-affiliated groups,
organizations and
individuals shall provide:
(1) adequate bond or
other security for damage to the property or facilities during the
period of the use;
(2) personal injury and property damage insurance coverage.
(3) a performance bond or insurance guaranteeing or
insuring performance of its
obligations under the contract; and,
(4) other types of insurance in such amounts as are
designated by the institution or school:
provided, that the institution or
school may waive the requirements of security,
performance bond or insurance coverage.
(i) All non-affiliated groups, organizations and individuals agree, by
making application for
registration of an activity
and by subsequent use after
approval by the institution or
school, to indemnify the institution or school and hold it harmless
from any and all
liabilities arising out of such group’s, organizations or
individual’s use of the property
and/or facilities of the institution or school, including, but not limited to, personal injury,
property damage, court costs, and attorney fees.
(j) Affiliated groups, organizations and individuals may be assessed the
cost of providing
maintenance and/or security required as a result of their use
of campus property or
facilities.
General
Procedure-Application for use of Property or Facilities (0240-1-1.03)
(1) Regular or special meetings of affiliated groups or organizations may
be planned and
scheduled according to procedures established by this policy, or
according to
procedures established by the individual institution or school. All
other gatherings at
a central location on campus property which are sponsored or
instigated by affiliated
groups, organizations or individuals may be permitted
without prior registration only at
such times and locations as may be designated
by the President of the institution or the
director of the area school, or his or her designee.
(2) Any affiliated group, organization or individual desiring to use
campus property or
facilities at any time, and/or location other than those
designated pursuant to paragraph
(1) above, and all non-affiliated groups,
organizations or individuals desiring use of
campus property or facilities must
submit a written application for registration of the
proposed activity at least
fourteen (14) days in advance (excluding weekends and
holidays) to the
appropriate official at the institution or school; provided, however,
that the
President of the institution or director of the area school, or his or her
designee,
may approve applications for registration filed at a later time upon such
official’s
determination that the use of property requested can be
reasonably accommodated and
that adequate cause exists for late filing of the
application for registration. Approval of
late applications shall be within the
sole discretion of the President of the institution or
the director of the area
school, or his or her designee. The decision of such official is
final.
Applications shall be submitted on a form designated by the Chancellor of the
Board of Regents, or his or her designee.
(3) With the exception of the provision found at Rule
0240-1-1.02(3)(e), written notice of
approval or disapproval of
the proposed use
of campus property or facilities shall be
made available to the applicant group,
organization or
individual within seven (7) days
(excluding weekends and
holidays) from the time an application for registration is
submitted to the
appropriate official at the institution or school, at the office of the
designated official at the
institution or school. Notice of disapproval of the
proposed
use shall include the grounds for disapproval. Notices
will not be
mailed or delivered:
it shall be the responsibility of the applicant to inquire
at the office of the designated
official as to the decision concerning the
application, and the time and location in which
the activity is authorized.
(4) No assembly, meeting, demonstration or other activity shall be
authorized or permitted
on any property or in any building or facility, and an
application for registration may be
denied when:
(a) A determination by an appropriate official or body
of the institution or school is made
that the requested use would cause
substantial disruption or interference with the
normal activities of the
institution or school conducted in the course of its lawful mission,
processes and functions.
(b) A determination is made that the requested use
would be contrary to federal, state, or
local law or regulation, or policies or
regulations of the Tennessee Board of Regents, or
the institution or school.
(c) The applicant or sponsor of the activity has not
fully provided accurate or complete
information required on the application for
registration.
(d) The applicant or sponsor of the activity has been
responsible for violations of
subparagraphs (a), (b) or (c)
above during a
previously registered use of campus
property or facilities, or has violated any conditions
or assurances specified in a previous
registration application and
the institution or school has reasonable
cause to believe
such violation will reoccur.
(e) Approval for the use of the property or facilities
has previously been given to another
group, organization or individual for the time(s) and
location(s) requested.
(f) Use
of the property or facilities requested would be impossible due to the set-up
time
and/or take down time required for other previously scheduled activities at
the requested
location immediately before and/or after the
requested use, or due
to other extenuating
circumstances.
(g) The activity is of such nature or duration that it
cannot reasonably be accommodated in
the particular area for which application is made,
provided that in such event, an
alternative on campus site, if
available for the activity,
may be proposed by the institution
or school.
(h) The
activity creates or would create a danger, or dangerous condition impacting on
the
health, safety, and welfare of others:
(i) Such
use conflicts or would conflict with existing contractual obligations of the
institution or school.
(5) Any group, organization or individual whose timely application for
registration for use of
property or facilities of the institution or school is
denied for reasons cited in paragraphs
(a), (b), (d), (g), (h) or (i) of
paragraph (4) above shall have the right to appeal that denial
to the President or area school director, or his or her designee. Notice of appeal shall be
made in writing during normal business hours of
the institution or school no later than five
(5) days (excluding weekends and
holidays) prior to the time of the proposed event. The
decision of the President or the area school director, or his or her designee, shall be made
at least four (4) days before the time of the event.
(6) Affiliated and non-affiliated groups, organizations, or individuals
may sell or distribute
literature only in conjunction with their authorized
presence on campus after such
proposed sale or distribution has been registered
with and approved by the appropriate
official of the institution or school as
specified in paragraph (2) above. Any application for
registration shall
include, but not be limited to, the name of the applicant; the name of the
organization, if any; the date, time, duration and location of the proposed sale
or
distribution, and the number of participants, and shall be on a form which
has been
designated by the Chancellor of the Tennessee Board of Regents, or his or
her designee.
(7) Applications for registration by affiliated and non-affiliated
groups, organizations or
individuals required in the paragraph (6) above to
distribute or sell literature shall be
denied in the event that:
(a) a prior application for registration for the same time and location
has been made which
has been or will be granted;
(b) the location is or will be in use for the same time by an affiliated
group, organization or
individual;
(c) the activities would not
reasonably permit multiple occupancy of the particular area;
(d) the sale or distribution will present a clear and present danger to
the public health or
safety;
(e) the number of persons engaged in the sale or distribution exceeds the
number that can
reasonably be accommodated in the particular location applied for; or,
(f) the activity would constitute a violation of applicable law or
regulation, or any other
provision of this policy.
(8) No demonstration, distribution or sale of literature, or
solicitation unless otherwise
permitted elsewhere by this
policy shall be
permitted within: 1) classrooms, Library or
other academic buildings or
facilities; 2) administrative
and employee offices and work
areas; or, 3)
student residence halls, dormitories or apartment buildings. However,
an
institution or school may permit distribution or sale of literature in
designated locations
within the lobbies or
other general use areas of the above
buildings or other campus
facilities designated for the placement of literature
for distribution or sale.
(9) Any group, organization or individual whose application for
registration required by
paragraph (6) above is denied shall have the right to
appeal that denial to the President
or area school director, or his or her
designee. Notice of appeal shall be made in
writing during normal business hours
of the institution or school no later than five (5) days
(excluding weekends and
holidays) prior to the time of the proposed sale or distribution.
The decision
of the President or area school, or his or her designee, shall be made at
least
four (4) days before the time of the proposed sale or distribution.
Particular Uses
(0240-1-1.04)
(1)
Political Use
(a) The use of campus property or facilities for speaking engagements by
candidates for
political office or for other political activities whether at the
request of an affiliated or
non-affiliated group, organization or individual
shall be
subject to the registration
requirements and procedures specified above
and shall be subject to the regulations of
the institution or school concerning
other types of meetings or activities on campus
property or in campus facilities.
(b) When campus property or facilities are used for political purposes,
reasonably equal
opportunity shall be provided for presentation of all sides or
views or reasonably equal
access to the property or facilities shall be provided all sides.
(c) No campaign posters, signs or other items of campaign or political
advertising may be
placed on campus property or facilities, except as specified in
subparagraphs (d) and
(e) below.
(d) Students may place campaign posters, signs or other items of campaign
or political
advertising, whether pertaining to a campus or general election
within his/her
dormitory residence provided such placement is made in such a way
as to not
damage or destroy campus property.
(e) Affiliated and non-affiliated groups, organizations or individuals,
with the exception of
state employees, may place campaign posters, signs or other items of
campaign or
political advertising, whether pertaining to a campus or general
election, on bulletin
boards or other locations on campus
specifically designated for such use by the
institution or school. Any
distribution of such material may be made only subsequent to
the registration and approval process.
(2) Religious Use
(a) Campus property and facilities may be utilized by affiliated groups
or organizations for
the purpose of religious worship or evangelical activities
subject to the specified
registration requirements and procedures.
(b) Non-affiliated groups, organizations and
individuals may utilize campus property and
facilities on a temporary basis for
the purpose of religious worship or evangelical
activities subject to the specified registration
requirements and procedures.
(3) Literature Distribution or Sale
(a) Any proposed distribution or sale of literature by an affiliated or
non-affiliated group,
organization or individual, is subject to the specified
registration requirements and
procedures.
(b) Any literature which is proposed to be distributed or sold shall
comply with all
applicable federal, state, and local laws and regulations, and
with the regulations and
policies of the institution or school, and the
Tennessee Board of Regents. No
obscene literature or material shall be
distributed on any property owned or used by
an institution or school.
(c) No literature, material or other printed matter shall be sold or
distributed within: 1)
classrooms, library or other academic building or
facilities; 2) administrative and
employees offices and work areas; or 3)
student residence halls, dormitories or
apartment buildings. However, an
institution or school may permit such sale or
distribution in designated
locations within the lobbies or other general use areas of
the above-noted
buildings or other campus facilities designated for placement of
literature for
distribution or sale. Further, this shall not restrict a faculty member
from
distributing within the classroom material related to the particular course of
subject matter.
(d) Each institution and school shall designate the locations on campus
which are
available for the sale or distribution of literature. In addition to
those areas
designated in subparagraph (c), the institution or school shall
prohibit the sale or
distribution of literature in all areas where such would:
1) cause injury or damage to
campus resources; 2) unreasonably impair the
academic atmosphere of the campus;
3)
unreasonably interfere with the academic program and other activities of the
institution or school or with the administrative functions of the
institution or school.
(e) No person, whether distributor or recipient of literature, shall
cause any litter to occur
on the campus of an institution or school, and
literature shall only be discarded in trash
receptacles on campus.
(f) Persons engaged in the sale or distribution of printed
matter shall not obstruct or
impede pedestrians or vehicles,
harass other
persons with physical contact or persistent
demands, misrepresent the purposes
or affiliations of
those engaged in the sale or
distribution, or misrepresent
whether the printed matter is available without cost or
donation.
(g) The institution or school shall have the right to terminate the
distribution or sale of
literature by any group,
organization or individual
which violates the provisions of this
policy.
(h) Literature may not be
placed on automobiles or under windshield wipers.
(4) Solicitations
(a) Except as is otherwise permitted by this provision, solicitation for
purely commercial
purposes is prohibited on all property owned or used by an
institution or school,
provided that solicitations by the institution or school
and
solicitations by vendors
incidental to the vendor providing services on
behalf of the institution or school pursuant
to a contract between the
institution or school and the vendor are permissible.
“Solicitation” will not be considered to include activities or events
engaged in by
affiliated
groups, organizations or individuals for the purpose of raising funds to meet
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