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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