Western Carolina University

Initially approved January 14, 2002
Revised: September 11, 2006
Administering office: Division of Administration and Finance
Posted May 2, 2002

PURPOSE

This policy is adopted for the orderly use of University facilities.

Recognizing that its support derives in large part from public funds, Western Carolina University is committed to making its facilities and grounds as readily available for use by all groups 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. Practical as well as legal considerations dictate the formulation and publication of this policy detailing the conditions of such availability. The intent of the document that follows is not to place unreasonable restrictions on use, but rather to provide for access on a basis that is both clearly defined and in the best interests of each of the constituencies to whom Western Carolina University is obligated by law and tradition.

DEFINITIONS

University refers to Western Carolina University.

University affiliated organizations are groups that are formally part of the University such as departments and divisions; student clubs and organizations that have been officially recognized by the Office of Student Affairs; all official University committees, special committees, groups, and task forces created by the University and supported directly by the University; the Western Carolina University Development Foundation ; the Catamount Club; the Western Carolina University Alumni Association.

Unaffiliated organizations are groups that are not defined as affiliated organizations, even though some of the members or participants may be University personnel, alumni, or students.

Charitable groups are unaffiliated organizations for which contributions are tax deductible.

Facilities are defined as buildings and grounds owned or controlled by the University.

EXCLUSIONS

(a) Three University facilities have their own use policies. They are excluded from this administrative policy unless specifically mentioned herein. Those facilities are as follows:

1. Liston B. Ramsey Regional Activity Center (RAC)
2. Hinds University Center
3. Western Carolina University Picnic Area

The use policies for RAC are available in its director's office. The use policies for the other two facilities are available from the director of the University Center.

(b) This policy does not address assignment of space within the university. University Policy #65 addresses that subject and provides, in part, that "all space belongs to the University and is assigned to divisions or units on a temporary basis." Space assignments are made by the Office of University Planning in consultation with the Executive Council.

RELATED POLICIES

• Application and Permit for Sales Solicitations and for Fundraising Events on Campus
• Sales and Solicitations on Campus - University Policy #39
• Policy on Building Hours - University Policy #48
• Campus Mail Policies - See Division of Administration and Finance
• Use of Computers and Data Communications - University Policy #52
• Campus Housing of Conference Groups - University Policy #7

OVERRIDING PRINCIPLES

1. Any use of University facilities must not violate the University's statement on non-discrimination or any federal or state law or regulation addressing nondiscrimination.
2. Activities in or on University facilities must not violate the policies, regulations, or laws of the United States, State or University.
3. The accomplishment of the educational mission of the University has first priority in all decisions concerning any use of any facility under this policy. Facility use must be compatible with, or complementary to, the educational mission of the University.
4. Use of any facility shall not be authorized where such use may disturb the conduct of University activities.
5. Use of any facility must be appropriate for the size, design and purpose of the facility and must not pose an undue burden on University resources.
6. Departments and divisions of the University shall have priority in the use of the University facilities. Other University affiliated organizations shall have priority in use over unaffiliated organizations.
7. The University reserves the right to cancel or modify reservations of any unaffiliated organization should the reservation conflict with functions central to the educational mission of the University.

COORDINATION AND SCHEDULING OF FACILITY USE

Academic classes in all buildings are scheduled by the University Registrar and this is the highest priority use of facilities. For other purposes, University affiliated groups shall have priority in reserving classrooms and other campus facilities.

Continuing Education serves as the reservation and coordination agency for all meetings and activities held on campus by both unaffiliated groups and affiliated groups that are inviting unaffiliated groups on-campus for an activity, conference or short course. Any administrative unit of the University that receives a facility use inquiry or request from an unaffiliated group must refer the unaffiliated group to Continuing Education. Any affiliated group that wants to invite unaffiliated groups on campus for an activity, conference or short course must contact Continuing Education before committing to the activity. Coordination by Continuing Education will include, but is not limited to, the following:

Request Evaluation: Continuing Education will determine whether the use requested meets the conditions established by this policy. For requests from affiliated groups, the Vice Chancellor most responsible for the affiliated group will be consulted before use is denied. If approved, Continuing Education will then determine whether the request is one for special programming to be supported and managed by Continuing Education, a facility use request by an unaffiliated group, a simple room reservation by an unaffiliated group or an application for on-campus activity, conference or short course.

Special Program Support and Management: Includes reserving facilities; completing arrangements for services such as parking, food, security, housekeeping and audiovisual support; executing a Special Program contract with user; prepare and render a bill for appropriate charges.

Simple Facility Use Processing: Continuing Education will coordinate reservation of a facility with the administrative unit responsible for the facility. Continuing Education will determine whether a Facilities Use Agreement, simple Reservation Form or Application for On-Campus Activity - Conference or Short Course is appropriate for the event. Generally, the use of a room for a meeting requires only a Reservation Form. Use of Athletic facilities or Health and Human Performance facilities will generally require a Facilities Use Agreement. Continuing Education will generate and process the appropriate form.

Requests by University affiliated groups for the use of University indoor or outdoor facilities that do not involve unaffiliated groups should be addressed to the facilities coordinator. The Division of Administration and Finance maintains an up-to-date roster of facility coordinators.

USE OF UNIVERSITY FACILITIES FOR COMMERCIAL PROMOTIONS AND SALES; FUND-RAISING EVENTS

1. Activities authorized by the University administration involving the sale of goods or services and activities conducted in facilities under written agreement from the University are exempt from this policy section.
2. Except as herein provided, all employees and unaffiliated individuals and groups are prohibited from canvassing, selling, offering for sale, soliciting, or promoting the sale of any goods or services on University premises. Employees may continue to offer each other the occasional opportunity to participate in the limited fund raising efforts of non-profit community groups.
3. Affiliated organizations, including recognized student organizations, may conduct fund-raising events involving the sale of goods, services, subscriptions, tickets, and the like only with the written approval of the Vice Chancellor for Student Affairs or his delegate in the case of recognized student groups or the Vice Chancellor for Administration and Finance or his delegate in the case of affiliated nonstudent groups. Before granting approval, a Vice Chancellor may require a review of any contract existing between an affiliated organization and its fund raising partners. The written approval shall be evidenced by the permit referenced in University Policy #39. Approval shall be granted by the appropriate Vice Chancellor or delegate only if all of the requirements of this policy are met and the group agrees to all of the following conditions.
1. The primary purpose of such sales shall be to raise money for the benefit of the fundraising group or for the benefit of a charitable group the fundraising group wants to benefit.
2. All sales and promotional activity for such events and any services sold, under the terms of this section, shall be conducted only by members of the fundraising group.
3. No sales or sales promotion shall be conducted in such a manner as to establish on or extend to the campus a commercial enterprise, as determined in the sole discretion of either the Vice Chancellor for Student Affairs or his delegate for student groups or the Vice Chancellor for Academic Affairs for other groups. The sales or sales promotion materials of goods or services used by the fundraising group must acknowledge the assistance or contribution of a nonaffiliated group.
4. Sales and sales promotions shall be limited to reasonable locations, at reasonable times and in reasonable manners as determined by the appropriate Vice Chancellor giving due considerations to things such as pedestrian traffic, access to adjacent facilities, and to other purposes for which the area is used.
5. Any fundraising groups selling merchandise or services in spaces on campus must prominently display a valid permit issued by the appropriate authorizing agency: this document, signed by the authorizing university officials, shall constitute the written authority specified in University Policy #39.

ACCOUNTABILITY

Upon request of the Vice Chancellor of Student Affairs in the case of recognized student groups and the Vice Chancellor for Administration and Finance in the case of all other affiliated groups, full financial statements that relate to fundraising event (s) or charitable solicitations will be submitted by the organization for the Vice Chancellor's review.

DISCLAIMER

In making its facilities available for use under this policy to persons or groups other than University administrative units, the University assumes no obligation or responsibility for the activities of the person or group and grants no right of access greater than that provided by the authorized user. Further, the University reminds all users to be aware of and comply with applicable laws, including those concerning safety, libel, slander, defamation, and obscenity.

DISTRIBUTION OF PAMPHLETS, WRITTEN MATERIALS, PUBLICATIONS AND ADVERTISEMENTS

A. Hand Distribution

1. Any individual or group affiliated with the University may distribute at any open, exterior campus space, the use of which is not otherwise restricted or scheduled under this policy, without registration or advance approval, any written materials on the condition that such materials are designed for informational and not for commercial purposes. Distribution at any other location may be authorized by the administrative official who is responsible for the use of the facility in question.
2. Any individual or group not affiliated with the University must file an application to distribute written materials. Such materials may be distributed only in open, exterior campus spaces, the use of which is not otherwise restricted or scheduled under this policy, and only if the materials are designed for informational rather than commercial purposes. Application forms may be obtained from the Office of the Vice Chancellor for Administration and Finance. Forms will generally be processed within 24 hours of submission. Review will be limited to reasonable time, place and manner considerations. A copy of the material to be distributed must be filed with the application form for verification purposes.
3. All distribution must be conducted in such a manner that campus pedestrian traffic and vehicular traffic are not impeded and that members of the University community may proceed with their normal activities.

B. The Use of Surfaces, Bulletin Boards, and Spaces

1. Individual administrative units of the University may determine how bulletin boards within their unit may be used. For example, bulletin boards may be limited to official University communications or student-related information. They may be designated as general purpose bulletin boards. Employees within the unit should be informed as to the bulletin board's purpose. Administrative units are encouraged to make space available for student-related information whenever practical.
2. The outdoor kiosks and any general purpose bulletin boards on campus may be used for informational and commercial purposes by affiliated and unaffiliated groups. All notices are subject to removal at approximately two week intervals, excepting student election campaign materials, which must be removed within 96 hours following the day of the election.
3. The use of exterior and interior surfaces in residence halls is subject to regulation by the Department of University Housing.
4. To avoid littering the campus, material may not be placed on vehicles.
5. Except for student election materials, no signs, exhibits, works of art, displays, temporary structures or other materials may be posted or displayed on University grounds or adjacent to University facilities without prior written approval of the respective facility coordinator. Generally, it is the policy of the University to prohibit such postings or displays by unaffiliated groups.
6. No materials may be fastened to any part of a facility except on spaces provided for this purpose. Materials may not interfere with ingress, egress or safety of any individual using a facility. If posting or display of any material could result in damage to a facility, prior written approval must be obtained from the Facilities Management Department as well as the facility coordinator.
7. In addition to being subject to those consequences associated with violations of this policy, persons responsible for damage to walls or other surfaces resulting from violation of this paragraph shall pay the costs of repair, and may be subjected to criminal penalties under N.C.G.S. 14-132.

OUTDOOR ASSEMBLIES

A. Special Consideration for Use of Outdoor Facilities

Because the use of University outdoor facilities presents the possibility of disturbance to normal University activities and damage to University property, organizations and individuals shall abide by limitations governing the use of the outdoor facilities including, but not limited to, the following:

1. No permanent or semi-permanent structure, including but not limited to stakes driven in the ground, tents, or trailers, etc., may be constructed or placed for any activity in these outdoor facilities without approval of the Facilities Management Department.
2. Attendance at the activity of an unaffiliated organization should not exceed 100 people unless the facility is specially designed to accommodate a larger group (e.g., football stadium). Exceptions may be granted in advance by the Vice Chancellor for Administration and Finance.
3. No activities may be held if they conflict with a facility's normal use or primary function or with any previously scheduled activity.
4. No public address or amplifying system may be used at any time unless use of such amplification equipment is approved in advance by the Vice Chancellor responsible for the event. The Vice Chancellor’s decision shall be based upon whether sound amplification is reasonable in light of the time and place of the event and manner of the amplification. Permissions may be withdrawn at any time should pre-event predictions prove inaccurate. All uses of sound amplification equipment shall comply with applicable noise regulations.
5. Users are responsible for the cleanliness and order of all outside facilities following their use.
6. All activities or events must be conducted in such a manner that campus pedestrian traffic and vehicular traffic are not impeded and so that members of the University community who are not participating in the activity or event may proceed with their normal operations.
7. All proposed activities requiring prior approval must be reviewed to assure compliance with insurance and safety requirements prior to final approval.
8. Fires are not permitted except for those approved by the Facilities Management Department for affiliated groups.
9. Persons may not obstruct, disrupt, interrupt or attempt to physically force the cancellation of any event or activity sponsored by the University or by any users authorized to use University property.
10. Persons shall not engage in unlawfully harassing, physically abusive, threatening, or intimidating conduct toward any person.
11. Persons shall comply with the directions of a university official acting in the performance of his or her duty.
12. No outdoor assembly may be conducted within 200 feet of a childcare playground or facility during operating hours, within 50 feet of any building, or within 50 feet of any other individual’s or group’s outdoor assembly. The University may place barriers or other boundary indicators that must be respected during an outdoor assembly.
13. Outdoor assemblies may not take place within the confines of any campus recreation facility or athletic facility. No outdoor assembly may take place in residential areas (those areas within 50 feet of any residence hall) between the hours of 9:00 p.m. to 9:00 a.m.
14. Persons on University property at outdoor assemblies may be required to provide picture identification and evidence of qualification to a University official upon request. Evidence of qualification means (a) a currently issued University identification card or (2) written documentation of an invitation to assemble on University property from an affiliated organization.

B. Outdoor Assemblies by Affiliated Organizations and WCU Students, Faculty and Staff (“Affiliated persons of groups”).

Subject to the Special Considerations for Use of Outdoor Facilities described above and other restrictions on the use of facilities prescribed elsewhere in this policy, the University permits outdoor assemblies or gatherings of affiliated persons or groups without prior approval in the outdoor areas of the campus. Use of the picnic grounds, however, requires the filing of a notice of intent to hold an assembly with the University Center Director at least 48 hours in advance of the assembly in order to avoid scheduling conflicts. Affiliated persons and groups are encouraged to verbally notify the Director of University Police at least 24 hours before a planned event so that Police may institute safety measures as necessary for both the speakers and attendees. Affiliated persons and groups may reserve space on Brown Plaza and/or the University Center lawn up to six weeks in advance. Scheduled activities receive priority across campus. Reservation forms are available from the University Center Director.

C. Outdoor Assemblies by Unaffiliated Organizations or Persons Invited to Campus by Affiliated Organizations.

Such persons or organizations shall have the same opportunity to conduct an outdoor assembly as affiliated persons or groups as long as:

1. They are invited by an affiliated group in writing using the Invitation Form available from the University Center Director, they accept the invitation by signing the Invitation Form, and they return the executed form to the University Center Director at least 48 hours before the event. The University Center Director must notify the University Police and Office of Public Relations of an event as soon as possible but no later than 48 hours before the event.
2. A copy of the executed invitation is in the possession of the invited group or individual at all times during the outdoor assembly and is shown to campus officials upon request.
3. At least two members of the inviting organization shall be present at the outdoor assembly at all times. One or more signs will be placed at the outdoor assembly informing the campus community that the outdoor assembly has been brought to campus by the inviting group.
4. The University may disapprove an invitation, or cancel or postpone a scheduled event based upon reasonable time, place and manner concerns.

An unaffiliated group or person with an approved invitation does not become an agent, contractor or representative of the University and remains unaffiliated for all purposes.

D. Outdoor Assemblies by Unaffiliated Groups or Individuals Not Invited to Campus.

Subject to the restrictions on the use of facilities prescribed elsewhere in this policy, the University permits outdoor assemblies of unaffiliated groups or persons as follows:

1. Without a prior reservation -- on the sidewalks adjacent to Centennial Drive, Forest Hills Road and Central Drive.
2. With a prior reservation – on Dodson Plaza and Brown Plaza.

If sidewalk assemblies obstruct normal pedestrian flow or present a traffic hazard, the assembly may be required at any time to move to another nearby location in the sole discretion of the University.

Reservation forms for Dodson Plaza and Brown Plaza are available from the University Center Director. Forms will generally be processed within 48 hours of submission. Review will be limited to reasonable time, place and manner concerns and will include consultation with the food services manager. Previously scheduled users and affiliated groups will have priority in all cases. The University reserves the right to assign the outdoor location taking into account the projected size of the event, noise levels or other elements affecting the educational mission.

E. Mixed groups

For the purpose of determining the access privileges of any assembled group, a mixed group will be categorized by the predominate category of its attendees. The University Police are authorized to determine during an event whether any group or individual is predominately affiliated, unaffiliated but invited, or unaffiliated and uninvited. The University recognizes that such decisions can be difficult and requires no more than the good-faith exercise of professional judgment by its police officers in making the necessary decision.

INDOOR ACTIVITIES

Use of the interior space of any campus building is made available only in accordance with the section of this Policy entitled “Coordination and Scheduling of Facility Use.” Activities of event attendees must not:

• conflict with, disrupt or otherwise interfere with the facility’s normal use or primary function; or
• disrupt any event, program or activity; or
• display objects blocking sight lines; or
• restrict pedestrian flow or otherwise create hazardous or unsafe conditions; or
• otherwise violate law, regulations or University policy.

For purposes of this section, the venue of the event, which includes the lobbies or internal common areas associated with the theatre, hall, room or other event site,, is reserved for use by event attendees. People at the venue may be required to display their tickets, invitations or other indicia of event attendance to remain in the venue.

UNIVERSITY ENDORSEMENTS

Approval for use of any facility at Western Carolina University does not mean that the University in any way supports, sanctions, or agrees with the policies and activities of the user. Western Carolina University reserves the right to limit use of the University's name and other University indicia in connection with promotion or endorsement of events. Except for the purpose of describing location, promotional and advertising materials may not implicitly or explicitly use the University's name, logo or other indicia without prior approval of the University through its Office of Public Information.

Unaffiliated organizations may be required to include in all promotional materials a disclaimer to the effect that use of the University's facility does not imply endorsement of the event by Western Carolina University. Such promotional materials include news releases, handbills, advertisements, television and radio announcements, or other means used to inform the public of an event.

INSURANCE

The Special Programs Agreement and the Facilities Use Agreement require facility users to have general liability insurance naming the University as an additional insured. The amount of the insurance must meet or exceed the State's liability ceiling as established by the N.C. Tort Claims Act. The user must provide a certificate of insurance documenting coverage. This requirement may be modified by the University's risk manager on a case-by-case basis in consultation with the University's legal counsel.

POLITICAL EVENTS ON CAMPUS

The University, while being non-partisan, recognizes that political discussion is an important part of the educational process. Political candidates may be invited to appear on campus by affiliated organizations that have reserved space in accordance with this policy. The Office of the Vice Chancellor for Advancement and External Affairs should be notified of such an appearance. The Vice Chancellor may assist the facility coordinator and the affiliated organization in conducting the event; however, the event remains that of the affiliated organization, not the Vice Chancellor. The event may include the service of refreshments as long as refreshments are provided through the University's food service contractor. Political candidates may also use outdoor facilities without invitation from an affiliated organization as long as the use is in accordance with this policy.

USE FEES AND COSTS SECTION

In order to help ensure that state resources are not used for private gain by groups or individuals, organizations or individuals holding events in University facilities will be assessed fees and charges in accordance with the assessment policies set forth below. Groups contracting for use through the Division of Continuing Education may obtain a summary sheet of services and the fees associated with such services from that Division located in the University Outreach Center.

University affiliated organizations may be assessed custodial and utility charges, administrative fees, or out-of-pocket expenses incurred in connection with the program.

Unaffiliated organizations are responsible for payment of fees and charges as identified below. In addition, unaffiliated for-profit organizations that generate revenue associated with the use of WCU facilities will be assessed a percentage of gross income generated in relation to the event or a per person charge. Such organizations must make their financial information available to WCU upon request. The Administrative fee will be set by the Division of Continuing Education. Other fees will be set by the Division of Administration and Finance after consultation with appropriate university units.

Definition of Terms Used in Use Fees and Costs Section

Administrative Fee - A fee paid to the Division of Continuing Education for services rendered by that division's personnel to process required scheduling documents, and to make necessary arrangements with facility coordinators, Auxiliary Services, Police, and Facilities Management.

Custodial and Utility Expenses - Custodial and utility expenses are those expenses incurred by the University's Facilities Management Department for an event associated with cleaning, heating and/or cooling, electrical, water, and sewage services.

Out-of-Pocket Expenses - All other identifiable costs incurred by WCU related to an organization's use of facilities. Such expenses may include, but are not limited to, University contracted services, cost of consumable materials and supplies, necessary equipment, compensation for salary and fringe benefit expenses for salaried employees, as well as wages and fringe benefits paid to casual labor engaged for event support activities.

No Revenue Generated - An event for which an organization does not charge admission, or collect advance fees, and does not accept donations, offerings, or sponsorships from any individual or organization.

Revenue Generated - An event for which an organization (charitable or not) charges admission, collects advance fees, accepts donations, offerings, or sponsorships. These events shall be considered as generating revenue.

Application of Fees and Charges

1. The Hinds University Center and Ramsey Regional Activity Center each have use fees, which are charged for events held by unaffiliated organizations in these facilities. Use fees and procedures for use of these two facilities may be obtained from the Office of Continuing Education.
2. Charitable groups that do not generate revenues associated with their use of University facilities are responsible for the University's custodial and utility expenses, plus any out-of-pocket expenses. The custodial and utility expenses may not apply, however, in certain facilities if use occurs during the normal operating hours of the University and no additional requirements are necessary and/or the University incurs no extraordinary expense.
3. Charitable groups that generate revenues (including donations or offerings) associated with their use of University facilities are responsible for an administrative fee, the University's custodial and utility expenses, plus any out-of-pocket expenses.
4. Non-charitable organizations that do not generate revenues associated with their use of University facilities are responsible for an administrative fee, the University's custodial and utility expenses, plus any out-of-pocket expenses.
5. Non-charitable organizations that generate revenues associated with their use of University facilities are expected to pay the University an administrative fee, the University's custodial and utility expenses, and any out-of-pocket expenses. In addition, such use requires payment of a percentage of the gross income derived from the event or a per person charge in addition to payment of all applicable fees and charges.

Activity Fees for Participants in Conferences, Camps, and Other Non-Credit Activities

The following guidelines govern assessment of University Center, Recreation and Culture, and Health Services fees for participants in conferences, camps, and other non-credit activities, at Western Carolina University.

1. All overnight summer camps, conferences, and similar noncredit activities will be charged these fees on a per-person, per-day basis. Athletic day-camps will be subject to the Health Services fee only.
2. The total per-person, per-day charge for the academic year is available from the Division of Administration and Finance.
3. Charges may be reduced or waived for groups that will not access the services and facilities supported by the fees. Requests to reduce or waive fees should be submitted two (2) weeks in advance to the Vice Chancellor for Administration and Finance who will then consult with appropriate University officials and respond to the request
4. Payment of these fees gives participants access to the same on-campus facilities and services that regularly enrolled students receive for their University Center, Recreation and Culture, and Health Service fees. Please be aware that off-campus University Center programs such as rafting trips and other special outdoor programs require payment of an additional fee to cover direct costs of the specific program. These off-campus programs must be scheduled a minimum of two weeks in advance of the program date.
5. Charges for groups requesting special services at Reid Gym must be negotiated on an ad hoc basis with the Department of Health and Human Performance, the Recreation Department Head, and/or the director's of intramurals and fitness as appropriate.
6. Participants in conferences, camps and similar noncredit activities will be charged admission fees to attend events for which regularly enrolled students pay admission fees.
7. It will be the responsibility of the conference or group coordinator to establish with the University Controller an account for receiving and disbursing conference-generated funds, including these fees.

Deposit

Group(s) using facilities through the Division of Continuing Education must deposit $15 at the Division of Continuing Education before space is to be reserved. After an event, facilities will be inspected. If left in disarray or damaged, deposit or a part thereof will be forfeited. If repairs from misuse are greater than $15, responsible user organization(s) will be billed for additional charges. Organization(s) will be placed on probation and informed of this action. During the same academic year, repeated offense will result in prohibited use of facility. The deposited amount will be returned in full if space is in satisfactory condition. The Division of Continuing Education approves all refunds.