08:14:00 Access to and Use of Campus Property and Facilities (Non-Rental)

Revision Responsibility:	Vice President for Business & Finance
Responsible Executive Officer:	Vice President for Business & Finance

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 mission and educational purpose through the implementation of reasonable, content/viewpoint neutral regulations. This policy, and all campus policies developed in compliance with this policy, 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 use of campus property and facilities contrary to federal, state or local law or regulation, or the rules and policies of the Tennessee Board of Regents (TBR) and WSCC.

In establishing this policy, 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, and 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 TBR policy and institutional policy and mission.

Policy

I. Definitions

For the purposes of these regulations, the following definitions shall apply:

Affiliated Entities - an officially registered student group or student organization.
Affiliated Individuals - persons officially connected with the institution including faculty, staff, and officially registered students.
Non-affiliated Entities - any person, group, or organization which is not an “affiliated entity or individual.”
Non-affiliated Individual - Any person who is not an “affiliated individual.”
Student - a person who is currently registered for a credit course or courses, non-credit course or program at the institution, 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.
Normal Educational Activities- Activities that occur outside of the classroom to enhance and continue student learning and project completion. They include, but are not limited to, the following: small group study sessions (whether organized by students, tutors, college administrators or faculty), review sessions, open labs, student-teacher conferences and students working together on class projects.

II. Access to Campuses and Use of Property/Facilities

Access to Facilities and Prioritized Users
Access to and use of campuses, facilities, and property of WSCC are restricted to the institution, institutional administration for official functions, normal educational activities, affiliated individuals/entities, and invited or sponsored guests of WSCC except as specifically provided by this policy, or when part or all of a campus, its buildings or facilities are open to the general public for a designated time and purpose.

All requests/applications for use of campus facilities or property should be submitted to the Assistant Director of Facilities Scheduling and Auxiliary Services. It shall be the responsibility of the requester and/or applicant to obtain notice of approval or denial of any application submitted. Notices of approval/disapproval will be available from the Assistant Director of Facilities Scheduling and Auxiliary Services.

Priority for the use of college facilities is in the following order: 1) credit classes 2) non-credit classes and programs, 2) college-sponsored activities, 3) all other requests for usage.
Use of Facilities by Affiliated Entities and Affiliated Individuals
1. Use of facilities is limited to one time only events, short term, intermittent, and/or repeat use of campus facilities where access/use of facilities/property are permitted without an associated rental/lease fee. Such uses shall be limited to circumstances where WSCC does not actually, or effectively, cede occupancy or control of any WSCC property. The vice president, or campus dean/director, may, at his or her discretion, give permission to affiliated entities for the repeated use of facilities without requiring requests/applications for each occurrence, when the use of facilities is limited to members of the student group or student organization. Approval for repeated or intermittent use of any facility or property pursuant to this policy may not exceed four months in length and may only be renewed or repeated after review to determine that such use does not conflict with an institutional need, or another request for access/use of the facility/space by another eligible individual/entity.
2. Affiliated student groups or student organizations (clubs) who wish to use campus property or facilities for activities or events must submit a request through the online facilities system. This request must be submitted at least five business days prior to the event through the group’s club sponsor. Affiliated student groups or student organizations are encouraged to complete the request earlier than five business days in advance for college and organizational planning purposes.
  
  The college president or designee may approve requests to use facilities filed less than five business days before the event, if it is determined that the use of property requested can be reasonably accommodated and that adequate cause exists for late filing of the request for usage. Approval of late requests shall be within the sole discretion of the president or designee. The decision of the president or designee will be final.
3. Where appropriate, affiliated individuals or affiliated entities wishing to use campus property or facilities for activities or events, other than for official institutional, administrative, or normal educational activities, must submit a written request to their vice president through their reporting supervisor to obtain written permission for the activity.
  1. Students working independent of a recognized student organization must obtain written permission from the vice president for Student Services.
  2. Individual faculty must obtain written permission from the vice president for Academic Affairs.
  3. Staff members must obtain written permission from the vice president of their respective department.
  4. Requests for activities taking place on the Greeneville, Sevierville, or Claiborne campuses must be approved in writing by the respective campus dean/director, rather than a vice president.
  5. Requests for activities taking place at the Great Smoky Mountains Exposition Center must be approved in writing by the center’s executive director.
    Written requests and approvals or disapprovals may be in the form of an email message. Written disapproval of a request will include a statement regarding the basis for disapproval. Written approval or disapproval of a request will be provided to the applicant within a reasonable time. Copies of all written requests, along with approvals or disapprovals, shall be kept by the coordinator of Facilities Scheduling.
4. Affiliated entities or affiliated individuals approved to use campus facilities or property are subject to all WSCC and TBR rules and/or policies and federal, state, and local laws. Further, they must adhere to any conditions of facility usage as outlined in this policy or stated by the approving vice president.
5. Use of property or facilities by affiliated entities or individuals will be subject to the same time, place, and other guidelines as are in place for non-affiliated entities/individuals.
Guest Speakers and Sponsored Groups
1. Faculty and/or affiliated entities may invite uncompensated, unaffiliated guest speakers for regular class sessions and/or meetings without prior application or approval where attendance at the class session or meeting will be limited to members of the class and where no fee or compensation from state funds will be paid to the speaker.
2. Where a request for use of campus facilities includes a proposed outside speaker involving payment of a total fee and/or expenses in excess of $2,500.00 from institutional funds, the request must be submitted no later than 20 business days prior to the date of the proposed speaking engagement.
  
  The college president or designee may approve requests to use facilities filed less than 20 business days in advance of the event in the case of a speaker paid from institutional or school funds, if it is determined that the use of property requested can be reasonably accommodated and that adequate cause exists for late filing of the application for usage. Approval of late requests shall be within the sole discretion of the president or designee. The decision of the president or designee will be final.
3. Affiliated individuals and affiliated entities who wish to invite a guest speaker or reserve space for an event other than a regular class session, normal educational activity, or college-sponsored meeting must submit an application for use of campus facilities through their reporting supervisor and vice president to the coordinator of Facilities Scheduling.
4. The affiliated individual(s) or affiliated entity or entities sponsoring a guest speaker or event will be responsible for the conduct of both the speaker and the non-affiliated guests at the event as well as compliance with WSCC and TBR rules and/or policies and federal, state, and local laws while present on campus or using campus facilities or property.
Areas for Public Assembly
Any affiliated entity or affiliated individual wishing to assemble, demonstrate, distribute literature or engage in similar public activity on one of the WSCC campuses is encouraged to submit a request through the online facilities system at least five business days in advance of the desired date of the activity.

Any non-affiliated individual or entity wishing to assemble, demonstrate, distribute literature or engage in similar public activity on one of the WSCC campuses must complete and submit an “Application for Use of Facilities” form at least five business days in advance of the desired date of the activity to the coordinator of Facilities Scheduling.

Requests and/or applications will be reviewed by the appropriate vice president or campus dean/director. Approval or denial of the request will be in writing and may take the form of an email message. Disapproval of the request to use the assigned areas will include a statement regarding the basis for the disapproval. See Section III.E. for examples of reasons for denial.

Upon written approval the requesting individual or entity must adhere to the following guidelines in addition to the applicable conditions listed in Section III.
1. The activity must be held in the following assigned areas, unless otherwise specified:
  1. Morristown Campus - College Center Building - Lobby-first floor
  2. Claiborne County Campus - Parking Lot
  3. Expo Center - Covered Warm-Up Ring
  4. Greenville Campus - College Street Parking Lot
  5. Sevier County Campus - Maples Marshall Hall Patio
    
    These areas are highlighted on the appropriate site map.
2. Participants in the activity must remain in the assigned area.
3. The activity may not take place in a classroom, library, or other academic building or facility.
4. The activity may not take place in an administrative area, employee office or work area.
5. Any literature distributed on campus must comply with all applicable local, state, and federal laws and regulations, as well as rules and policies of WSCC and TBR.
6. No obscene literature or material, as defined by law, shall be distributed on campus.
7. The activity may not block the flow of pedestrian or vehicular traffic.
8. Participants may not make physical contact with others.
9. Participants must leave the area free of debris and litter.
10. Sound amplification is not permitted, unless expressly authorized per WSCC 08:14:01.
11. No WSCC equipment is to be used during the activity.
12. The activity must not interfere with scheduled WSCC-sponsored activities.
13. All WSCC and TBR policies and procedures and local, state and federal laws must be obeyed.
14. Activities may not take place during final exam week in any semester.
15. Activities may not take place before 9:00 a.m. or after 6:00 p.m. Activities may not take place on Saturdays, Sundays or when the college is closed.
16. Activities are limited to a total of four per month for any individual or entity requesting usage. The college will consider additional requests for activities.
17. Children under the age of 18 are not permitted to participate in the activity without being accompanied by an adult.
18. WSCC is not responsible for equipment used by the participants in the activity.

None of the guidelines set forth herein are intended to impede the rights of students and faculty provided under policy number 00:00:00.

Denial of the Use of Facilities Denial of a request to access/use campus facilities and/or property shall be based solely on factors related to reasonable regulations in light of the institution’s mission and the nature of the facility or property requested and rendered in a content/viewpoint neutral manner. WSCC may deny affiliated entities or affiliated individuals or non-affiliated entities or non-affiliated individuals the use of college facilities, including areas assigned for public assembly. Such reasons may include, but are not limited to, the following:
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 or school’s buildings, other property, or 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.
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 areas assigned for public assembly, 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, the 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 and student disciplinary sanctions, if appropriate.
1. Building, fire codes, and safety standards applicable to particular facilities and/or property must be met.
2. All WSCC and TBR rules and/or policies must be followed.
3. Buildings, facilities, and/or property, not specifically identified as available for use are specifically unavailable for use other than for normal administrative or educational purposes.
4. Sound amplification equipment may be used only when prior request has been submitted and approved by the appropriate vice president taking into account the college mission and the nature of the facility or property requested, location, and time of day. Sound amplification is not permitted in the assigned areas.
5. Any use of college equipment must follow the appropriate college policy and procedure. College equipment is not permitted to be used in the assigned areas, unless the event is college-sponsored.
6. All individuals and/or entities, by making a request/application for registration of an activity and by subsequent use after approval by WSCC, 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 of the institution, including, but not limited to, personal injury, property damage, court costs and attorney’s fees.
7. Individuals/entities using college facilities pursuant to this policy indemnify WSCC, and understand that the College may require:
  1. Other types of insurance in such amounts as are designated by WSCC.
  2. A performance bond or insurance guaranteeing or insuring performance of its obligations under the contract and/or
  3. Personal injury and property damage insurance coverage;
  4. Adequate bond or other security for damage to the property or facilities;
8. WSCC reserves the right to identify specific facilities, uses, or events for which bond, security, and/or liability insurance will be required. In setting its policy, the College may consider the nature and uses of particular facilities and/or locations on campus and the anticipated event size or attendance for any use of campus facilities and/or property. Proof of compliance with this provision may be required in advance of an event. This provision shall be applied and enforced in a content/viewpoint neutral manner.
9. All persons operating motor vehicles in conjunction with an approved use/access of campus facilities and/or property shall be subject to WSCC and TBR rules, regulations, policies and procedures regarding traffic and parking.
10. Users of facilities or property and/or their sponsor(s) are responsible for all activities associated with the event.
11. 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.
12. 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.
13. 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.
14. College property and facilities may not be used by any non-affiliated entity/individual for the conduct of profit-making activities except when engaged in a business relationship, pursuant to a contract, with the College and/or when a rental or lease agreement is in place specifically for such temporary purpose.
15. WSCC shall have the right to terminate the use of campus facilities or property by any group, organization, or individual which violates any provision of TBR policy, WSCC policy, local, state, or federal law or regulation. 05/12; 05/16; 12/18.