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The purpose of this policy is to provide a uniform basis upon
which the institutions and technology centers 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 the 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 tranquillity
and to prevent use of campus property and facilities contrary
to federal, state or local law or regulation, or policies or regulations
of the Board of Regents or the institutions and centers.
For the purposes of these regulations, the following definitions
shall apply:
Affiliated Individuals – persons connected with the institution
or center including the institution’s or centers’s students,
faculty, staff, and guests.
Student – a person who is registered for a credit course or
courses, or a non-credit course or program at the institution
or center, 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.
Guest – a person invited by a student, official or employee of
the institution or center to visit the campus at a specific time
and place.
Affiliated Group or Organization – an officially registered
student group or organization, or a group or organization
funded by and/or sponsored by the institution or center or a
group or organization of faculty or other employees of the
institution or center approved by the president or center director.
The term shall include any alumni association, booster
club, etc., which is organized and operated for the benefit of
the institution or school.
Non-affiliated Group or Organization – any group organization
which is not an affiliated group or organization.
Non-affiliated Individual – Any person who is not an affiliated
individual.
Public Forum – a designated area in which the college permits
public activities including, but not necessarily limited
to, informational picketing, petition circulation, the distribution
of information leaflets or pamphlets, speech-making,
demonstrations, rallies, appearances of speakers in outdoor
areas, mass protest, meetings to display group feelings or sentiments
and/or other types of constitutionally protected assemblies
to share information, perspective or viewpoints.
Activities within the public forum area are limited to normal
business hours [Monday - Friday 8:00 a.m. – 4:30 p.m.] unless
approved by the President of the College. Such events
shall last not longer than five hours from beginning to end.
Public Forum Area – the area outside the Courtyard and continuing
into the quadrangle area.
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.
Members of the general public (“non-affiliated groups or individuals”)
may be ejected from campus at the discretion of
the institution if they: 1. are on campus without a valid purpose
pertaining to the “general public” use (e.g., public event,
library, visit, appropriate use of public forum, etc.), or 2. lack
prior approval. Therefore, members of the general public engaging
in protests or demonstrations without prior approval
may be ejected from campus. However, the general public is
legally permitted to protest/demonstrate on property adjacent
to campus. In such an instance, if the activity is disruptive
to the operations of the institution, local law enforcement
officials may be summoned.
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 Board 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.
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 institution or school 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.
- 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.
- Regulations of the college 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.
- 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 official of the college; provided, however,
that such sound amplification is subject to reasonable regulation
by the college with respect to time, place, manner, and
volume.
- College 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 college personnel.
- The college 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 under General Procedure, Section 3. Such requests will be
held and considered in the order received. The decision to grant
or deny requests will be made at least 10 working days prior to
the date of the requested use.
- 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 college 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 college depending upon the nature and extent of
the proposed use.
- 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.
- All rental or lease agreements between the college and nonaffiliated
groups, organizations, or individuals must be approved
by the Chancellor of the Tennessee Board of Regents,
or his or her designee if such agreement deviates from TBR
Guideline G-030.
- In utilizing campus property or facilities, non-affiliated
groups, organizations and individuals shall provide:
- Adequate bond or other security for damage to the property
or facilities during the period of the use;
- Personal injury and property damage insurance coverage;
- A performance bond or insurance guaranteeing or insuring
performance of its obligations under the contract;
- Other types of insurance in such amounts as are designated
by the college; provided that the college may waive
the requirements of security, performance bond or insurance
coverage.
- All non-affiliated groups, organizations and individuals
agree, by making application for registration of an activity
and by subsequent use after approval by the college, to
indemnify the college and hold it harmless from any and all
liabilities arising out of such group’s, organization’s or
individual’s use of the property and/or facilities of the college,
including, but not limited to, personal injury, property
damage, court costs and attorney fees.
- 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.
Application for Use of Property or Facilities |
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Request for use of property or facilities of Northeast
State should be directed to the Assistant Vice President of Information Technology and Administrative Services. This written request should state the purpose
of the use, the organization involved, the date(s)
of the event, and the contact person of the organization.
The Assistant Vice President of Information Technology and Administrative Services will coordinate
the request and contact the organization.
Procedure for application for use of property or facilities
is as follows:
- 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 college. 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 college
or his or her designee.
- 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 Section 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 college; provided,
however, that the President, 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 college 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 Tennessee Board of Regents, or his or her designee.
- With the exception of the provision found in General
Conditions, Section 5, 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 college, at the office of the
designated official at the college. 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.
- 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 determination by the appropriate official or body
of the college is made that the requested use would cause
substantial disruption or interference with the normal
activities of the college conducted in the course of its
lawful mission, processes and functions.
- 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
and the college.
- The applicant or sponsor of the activity has not fully
provided accurate or complete information required on
the application for registration.
- The applicant or sponsor of the activity has been responsible
for violation of subparagraphs a, b or c conditions
or assurances specified in a previous registration
application and the college has reasonable cause to believe
such violation will reoccur.
- Approval for use of the property or facilities has previously
been given to another group, organization or
individual for the time(s) and location(s) requested.
- Use of property or facilities requested would be impossible
due to 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.
- 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, shall be proposed by the college;
- The activity creates or would create a danger, or dangerous
condition impacting on the health, safety, and
welfare of others;
- Such use conflicts or would conflict with existing contractual
obligations of the college.
- Any group, organization or individual whose timely application
for registration for use of property or facilities of
the college is denied for reasons cited in subparagraphs a, b,
d, g, h or i of Section 4 above shall have the right to appeal
that denial to the President or his designee. Notice of appeal
shall be made in writing during normal business hours
of the college no later than five days (excluding weekends
and holidays) prior to the time of the proposed event. The
decision of the president, or his designee, shall be made at
least four days before the time of the event.
- 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 college as specified
in Section 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.
- Applications for registration by affiliated and non-affiliated
groups, organizations or individuals required in Section
6 above to distribute or sell literature shall be denied in the
event that:
-
A prior application for registration for the same time
and location has been made which has been or will be
granted;
- The location is or will be in use for the same time by an
affiliated group, organization or individual;
- The activities would not reasonably permit multiple
occupancy of the particular area;
- The sale or distribution will present a clear and present
danger to the public health or safety;
- The number of persons engaged in the sale or distribution
exceeds the number that can reasonably be accommodated.
- The activity would constitute a violation of applicable
law or regulation, or any other provision of this policy.
- No demonstration, distribution or sale of literature, or solicitation
unless otherwise permitted elsewhere by this policy
shall be permitted within:
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Classroom, library or other academic buildings or facilities;
- Administrative and employee offices and work areas;
However, the college 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.
- Any group, organization or individual whose application
for registration required by Section 6 above is denied shall
have the right to appeal that denial to the President or his or
her designee. Notice of appeal shall be made in writing during
normal business hours of the college no later than five
days (excluding weekends and holidays) prior to the time of
the proposed sale or distribution. The decision of the President,
or his or her designee, shall be made at least four days
before the time of the proposed sale or distribution.
- Political Use
- 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 college concerning other types of meetings
or activities on campus property or in campus facilities.
- 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.
- No campaign posters, signs or other items of campaign
or political advertising may be placed on campus
property or facilities, except as specified below:
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 only subsequent to the registration and approval
process.
- Religious Use
- 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.
- 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.
- Literature Distribution or Sale
- 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
- Any literature which is, or 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 college, and the Tennessee
Board of Regents. No obscene literature or material
shall be distributed on any property owned or used by
the college. Obscene material is that which:
- appeals to the prurient interest in sex;
- portrays sexual conduct in a patently offensive
manner; and
- lacks serious literary, artistic, political, or
scientific value
- No literature, material or other printed matter shall be
sold or distributed within:
- Classroom, library or other academic building or
facilities;
- Administrative and employee offices and work areas.
However, the college 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 or subject matter.
- The college 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 above, the college shall prohibit the sale or
distribution of literature in all areas where such would:
- Cause injury or damage to campus resources;
- Unreasonably impair the academic atmosphere of
the campus;
- Unreasonably interfere with the academic program
and other activities of the college or with the administrative
functions of the college;
- Substantially impair the use of facilities or services
on the campus, or the flow of vehicular or pedestrian
traffic.
- No person, whether distributor or recipient of literature,
shall cause any litter to occur on the campus of the
college, and literature shall only be discarded in trash receptacles
on campus.
- 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.
- The college 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.
- Solicitations
-
Except as is otherwise permitted by this provision, solicitation
for purely commercial purposes is prohibited
on all property owned or used by the college, provided
that solicitations by the college and solicitations by vendors
incidental to the vendor providing services on behalf
of the college pursuant to a contract between the
college 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 expenses of the group,
organization or individual. The funds raised by such activities
or events shall be used for the benefit of the group,
organization or individual, or for charity and no funds
shall be distributed to the officers, members, or any individual
for personal profit or use. For purposes of this
provision, the following activities are not prohibited:
-
Advertising, as permitted by this policy;
- Sale or distribution of commercial literature as permitted
by this policy.
- Solicitation and fund-raising activities other than for
purely commercial purposes may be conducted on property
owned and used by the college by affiliated groups,
organizations or individuals, charitable organizations
holding such activities with the sponsorship of the college
or the State of Tennessee, or non-affiliated groups,
organizations or individuals subject to the specified registration
requirements and procedures of General Procedure,
Sections 2 through 5.
- No solicitation of charitable funds shall be permitted
unless the group, organization or individual provides evidence
to the college demonstrating that the proposed activity
is in accordance with, or exempt from, the
provisions of T.C.A. Sections 48-3-501 through 48-3-518.
- Solicitation in conjunction with the distribution of literature
is subject to the provisions of Section 3 above.
- Solicitation of dues and/or membership in an organization
is permissible only by affiliated groups, organizations
or individuals.
- Solicitations shall only be permitted in those areas designated
by the college pursuant to the conditions of Section
3, subparagraphs c and d, above; application for
registration of a solicitation may be denied for any of the
reasons set forth in General Procedure, Sections 4 and 7;
and persons engaged in solicitation shall comply with the
provisions of Section 3, subparagraph f, above.
- No funds solicited on campus property shall inure to
the benefit of any individual unless contributions are requested
for the relief of an individual specified by name
at the time of solicitations, and all funds contributed are
turned over to the named beneficiary for his or her use
without any deductions whatsoever.
- The college may require any group, organization or
individual to verify the use, application or disposition of
funds solicited on campus property.
- Advertising
- No advertising signs, posters, or other material may be
placed on any campus property or facility by any nonaffiliated
group, organization or individual; except that
the college may permit advertising on specifically designated
bulletin boards and other designated locations on
campus. Affiliated groups, organizations and individuals
may place advertising materials on campus property but
only in such places as are designated by the college.
- The college may authorize the inclusion of advertisements
in appropriate campus publications for a reasonable
fee.
- The college may permit limited advertising by groups,
organizations or individuals when incidental to a donation
of property or services to the college, or pursuant to
a contract with the college.
- Bulletin Boards
Bulletin boards are designated for use by specific groups,
organizations or individuals. Groups, organizations or individuals
desiring to post material on a bulletin board
must receive approval from the Coordinator of Student
Development and Activities (A212).
Use of a board may be denied on the basis of one of or more
of the following:
- the person or group is not authorized to use the
board in question.
- the material is not the type authorized for the
board in question, or fails to meet any special
conditions as posted on the board.
- the material is obscene or otherwise violates any
federal or state law or regulation of the college.
- there is insufficient space available for the
material on the board in question due to the
previous posting of other materials
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