08:14:01 Use of Facilities by Non-Affiliated Entities/Individuals (Facility Rentals)

Purpose

Walters State Community College (WSCC or College) regulates the use of its campus property and facilities in order to be consistent with the college’s mission and educational purpose through the implementation of reasonable, content/viewpoint neutral regulations. This policy, and all associated policies, shall be implemented and construed so as to ensure no undue disruption of that mission; promote an educational atmosphere on campus; prevent commercial exploitation of students; and, prevent the use of campus property and facilities contrary to federal, state or local law, regulation, or the rules and policies of the Tennessee Board of Regents (TBR) and its institutions.

In establishing this policy, and the related college policies, WSCC recognizes the importance to the educational process and environment for persons affiliated with the college including officially recognized student organizations and other groups to have reasonable access to, and use of, the educational facilities on campus, to hear various views. Simultaneously, WSCC also makes clear that its facilities are not open public forums, but are instead intended solely for use consistent with the advancement and orderly administration of its educational mission for the benefit of its students, staff, and affiliated entities. As such, WSCC does not ordinarily make its buildings or other facilities available to outside individuals or outside groups. Exceptions may be made only if the proposed use is consistent with the institution’s policies and mission.

Policy

I. General Guidelines

1. A list of the facilities available for rental and the rental charges are shown in section IV. Any facility not listed is unavailable for rental.
    
2. To apply for use of facilities at any campus location, individuals must submit a completed Facility Usage Application to the director for facilities scheduling as indicated on the application. Requests for use of facilities at the Great Smoky Mountains Expo Center must be coordinated through the executive director of that facility.
    
3. Unless otherwise stated, applications must be received at least 20 business days prior to the requested rental date(s). The college will consider applications received less than 20 business days prior to the requested date(s), but may not be able to accommodate late-filed requests.
    
4. When applying to use any of the college’s facilities:
    
   1. All non-profit groups will be required to provide proof of non-profit status.
       
   2. Local business and civic organizations may use college facilities for group activities that serve the community or are not of a profit-making nature.
       
   3. Any activity that is scheduled must be consistent with college policies.
       
   4. Approval of a request for use of any WSCC facility is at the sole discretion of the college.
       
5. If the space is available, college facilities may be reserved during times when the appropriate college staff are available to provide access to the facilities.
    
6. Priorities for the use of college facilities:
    
   1. Credit classes,
       
   2. Non-credit classes and programs,
       
   3. College-sponsored activities,
       
   4. All other requests.
       
7. Costs: Exceptions to this policy can be made upon approval of the President of WSCC. All groups, both profit and non-profit, must compensate the college for such products and services (at the rates listed in section IV) as, but not limited to, the following:
    
   1. Room rental.
       
   2. Damages to equipment or facilities.
       
   3. Additional college personnel needed for the event, including technical, custodial, electrical, and security staff.
       
   4. Technical equipment and supplies.
       
8. Scheduling of Facilities:
    
   1. The director of facilities scheduling is responsible for receiving and processing all applications for use of any campus facilities except the Expo Center, by businesses and organizations not affiliated with the college, and will make all necessary arrangements regarding security and cleaning.
       
   2. Requests for use of the facilities will be reviewed by the executive director of the Expo Center and/or appropriate vice president(s) and recommendations relative to approval or denial of the request will be made to the president, who is the final approving authority.
       
   3. All applicants will be notified via the email address provided on the application within seven business days of the completed application’s receipt. If an application is denied, the reason will be provided and will be one or more of the reasons detailed in section III, Denial of the Use of Facilities. Any denial of a request will be based solely on factors related to reasonable regulations in light of the college’s mission and the nature of the facility or property requested and rendered in a content/viewpoint neutral manner.
       
   4. In all cases where an application for access or use of campus facilities or property is approved, such use will be subject to the execution of an appropriate written agreement regarding the conditions applicable to the approved access/use, which shall include, but not be limited to, the terms and conditions set forth in this policy.
       
9. Payment Policy:
   Unless stated otherwise herein, all fixed (non-variable) fees of approved requests for facilities must be received at least five business days prior to the rental date. If payment is not received at least five business days prior to the rental date, the renting group may be denied access to the facility. All variable fees (e.g. those dependent on variables such as number of hours, etc.) must be remitted to the college within 30 days upon receipt of invoice from the college.
    
10. Cancellation Policy:
    Unless stated otherwise, all cancellations of approved requests for facilities must be cancelled at least seven days prior to the event, or a $25 administrative fee will be charged.
     
11. Miscellaneous:
     
    1. The use and/or possession of alcoholic beverages on college owned or controlled property is prohibited.
        
    2. The college’s Office of Communications & Marketing must review all press releases and advertisements prior to release regarding events scheduled using college facilities to ensure accuracy of the information being provided as it relates to the college.
        
    3. If there are technical needs for the event (e.g. special software, wireless access, etc.), the group requesting use of the facility must meet with a representative from the Office of Information & Educational Technologies to determine technical requirements at least two weeks prior to the date of the scheduled event. If it is determined more technical assistance is required above what is included in the facility rental rate, additional charges will apply.
        
    4. If rental is of outdoor spaces, and power is needed and available in the area, the group requesting use of the facility must meet with the college’s electrician to determine electrical requirements at least two weeks prior to the date of the scheduled event. Working with the college’s electrician is mandatory for all stage rentals requiring electrical set-up of more than a 110-volt receptacle. Any electrical installation must comply with all applicable codes.
        
    5. WSCC has food service providers on the Greeneville, Morristown, and Sevierville campuses, as well as, the Expo Center. WSCC requires that the food service provider at each respective campus have the first right of refusal for all on-campus catering. Any food service needs must be arranged through the vendor’s catering manager at least two weeks prior to the event. All arrangements for catering (including payment terms) will be between the renter and the food services vendor.

II. General Conditions for Use of Property or Facilities

Once an affiliated or non-affiliated individual or entity has permission to use college property or facilities, including open access areas, the requirements outlined in this section, as well as all other requirements put forth in this policy, must be met. Violation of, or failure to comply with, these requirements set forth in this policy or other college policies may result in the immediate revocation of previously granted approval for access/use of campus facilities or property.

1. Building codes, fire codes, and safety standards applicable to a particular facility and/or property must be met.
    
2. All WSCC and TBR rules and/or policies must be followed.
    
3. Sound amplification equipment may be used only when prior approval has been given by the appropriate official, taking into account the college mission and the nature of the facility or property requested, location, and time of day.
    
4. Any rental of college equipment must follow the appropriate college policy and/or procedure.
    
5. All individuals and/or entities using college property and/or facilities must agree to indemnify the college and hold it harmless from any and all liabilities arising out of such use of the property and/or facilities, including, but not limited to, personal injury, property damage, theft, court costs and attorney’s fees. The renting organization will be liable for any damages to the college’s facilities and equipment and will be required to reimburse WSCC for all related expenses incurred, including but not limited to, cost of repair or replacement.
    
6. All individuals and/or entities using college facilities pursuant to this policy indemnify WSCC, and understand that the college may require:
    
   1. Adequate bond or other security for damage to the property or facilities;
       
   2. Personal injury and property damage insurance coverage;
       
   3. A performance bond or insurance guaranteeing performance of its obligations under the contract; and/or
       
   4. Other types of insurance in such amounts as are designated by WSCC.
       
7. All persons operating motor vehicles in conjunction with an approved use/access of campus facilities and/or property shall be subject to college and TBR rules, regulations, policies and procedures regarding traffic and parking.
    
8. Users of facilities or property and/or their sponsor(s) are responsible for all activities associated with the event.
    
9. Use of the requested facility and/or property shall be limited to the declared purpose in the application for use/access to campus facilities and/or property.
    
10. Access to, or use of, campus facilities shall not be permitted overnight unless specifically requested in writing and approved by the president or designee pursuant to the requirements of this policy and/or other applicable college policies. Such use shall be limited to the specific time and location set forth in the notice of approval/registration document.
     
11. All persons on campus in conjunction with an approved application for use/access shall provide adequate identification upon request to appropriate officials and security personnel of the institution. Persons or groups who refuse to provide such identification may be subject to immediate removal from campus and/or disciplinary action. In appropriate circumstances, such persons may become subject to arrest and/or prosecution, and students will be subject to WSCC disciplinary sanctions.
     
12. WSCC shall have the right to terminate the use of campus facilities or property by any group, organization or individual in violation of any provision of this policy, college policy, local, state, or federal law or regulation.

III. Denial of the Use of Facilities

WSCC may deny affiliated entities or individuals or non-affiliated entities or individuals the use of college facilities, including open access areas, for any one of the following reasons:

1. The property or facilities have been previously reserved by another group, organization or individual with equal or higher priority;
    
2. Frequency of previous use during an academic period in comparison to that of a contemporaneous applicant;
    
3. Use of the property or facilities requested would be impractical due to scheduled usage prior to or following the requested use, or due to other extenuating circumstances;
    
4. The applicant or sponsor of the activity has not provided accurate or complete information required on the application for registration;
    
5. The applicant or sponsor of the activity has been responsible for violation of college or TBR policy during a previously registered use of campus property or facilities;
    
6. The applicant has previously violated any conditions or assurances specified in a previous registration application;
    
7. The facility or property requested has not been designated as available for use for the time/date;
    
8. The anticipated size or attendance for the event will exceed building/fire codes, established safety standards, and/or the physical or other limitations for the facility or property requested;
    
9. The activity is of such nature or duration that it cannot reasonably be accommodated in the particular facility or area for which application is made;
    
10. A determination that the size and/or location of the requested use would cause substantial disruption or interference with the normal activities of the institution, the educational use of other facilities or services on campus, or the flow of vehicular or pedestrian traffic;
     
11. The activity conflicts with existing contractual obligations of the institution;
     
12. The activity presents a clear and present danger for physical harm, coercion, intimidation, or other invasion of lawful rights of the institution’s officials, faculty members, or students, the damage or destruction, or seizure and subversion, of the institution’s buildings, other property, or for other campus disorder of a violent or destructive nature. In determining the existence of a clear and present danger, the responsible official may consider all relevant factors;
     
13. A determination that the requested use would be contrary to local, state, or federal law, regulation, or the policies or regulations of the TBR or WSCC;
     
14. A determination that software required for an event cannot be provided or installed by the college;
     
15. The college cannot accommodate the activity within the requested timeframe.

IV. Facility Rental Rates

1. Walters State Community College events are given priority over all other requests. Unused facilities may be available for rental.
    
2. The following list is provided as a guideline for charges for use of facilities.
    
3. User must comply all applicable state, federal or city laws and regulations, and with the policies and guidelines of the TBR and WSCC.
    
4. Extra charges for post event clean up may be imposed if necessary.
    
5. Smart classrooms include the use of the technical equipment in room and a 15-minute training session on how to use the equipment. (Training sessions should be scheduled during regular WSCC working hours of 8:00 a.m. - 4:30 p.m. Access to equipment may not be allowed without training session.)
    
6. Technical requirements for non-classroom locations must be negotiated in advance. If technical equipment is requested an IT technician is required to be on site during the event.
    
7. Only campus licensed software already installed in computer labs may be used. No other software may be installed.
    
8. If you have any questions, please call 423-318-2723.
    

V. Guidelines: General Waiver Of Fees

When an external organization, in requesting the use of a Walters State Community College facility, meets all of the following conditions, part of the regular college rental fees may be waived if the organization:

1. Is a non-profit requester (e.g. 501-3c or tax exempt government organization - proof of non-profit status will be required).
    
2. Has no admission fee and will not be asking for donations from the audience (unless the requester is a member of the Institution’s United Giving Campaign).
    
3. Has activities that are closely aligned to the mission of the college, such as an educational organization.
    
4. Is making an infrequent request.
    
5. Requires no extra college staff such as maintenance, technical or security. (The Institution will charge for these services, if needed.)
    
6. Requires little or no college equipment. (The college will charge for these services, if needed.)
    
7. Is requesting a time during regular Walters State Community College operating hours of 8:00 a.m. to 4:30 p.m. (Monday through Friday).

In certain situations, fees may be waived for organizations that do not meet the above criteria. Any such requests for approval will be forwarded to the Vice President for Business & Finance.

Walters State Community College will not waive set up or clean up fees for events when such services are required. Walters State must charge for all direct expenses incurred for each event. 05/12; 05/16