Use of University Facilities
Authority:
Vice Chancellor for Finance and Business.
History:
First Issued: September 2, 2003. Last Revised: April 16, 2008. Additional History Information.
Related Policies:
NCSU
REG01.20.2 - Procedure for Delegation of Authority to Sign Contracts
NCSU REG07.25.12 - Solicitation, Assemblies, and Public Addresses Regulation
NCSU REG07.25.13 - Facilities Use Poster/Painting Policy
Additional References:
Facilities Use Agreement Form
Student Development Website
Delegations of Signature Authority for Contracts
Facilities Operations Website
Contact Info:
Facilities Operations Director
1. Purpose
and Scope
This regulation governs the use of facilities located on the
University's campuses or under the University's operating authority. It
applies to University and non-University groups and individuals. This
regulation imposes limits on the use of University facilities so that these
facilities can fulfill their primary missions of teaching, research, and
extension.
Permission to use a University facility is a form of "license." In
contrast, a "lease" of university realty requires a separate approval through
the NC State Real Estate Office. In general, a lease will be necessary
for long-term use of a facility in which the user has continuous, exclusive
use and may secure or restrict its use or access by others including the
University. Any proposed use that
lasts longer than one week should be referred to Legal or Real Estate to
determine if it is a use license or a lease.
This regulation does not apply to scheduling of "general
use academic space" (primarily classrooms) for NC State academic purposes. That
function is handled by the office of Registration and Records and has priority
over all other uses.
2. Definitions
2.1 University
Group: an administrative or academic unit within the University, staffed
by State employees acting within the scope of their employment.
2.2 Student
Group: a group that has been accepted by Student Organization Resource
Center as a "registered student group" under the rules of that office. The
rules and a list of currently registered groups are available at Student Development Website.
2.3 Non-University
Groups: groups other than Student Groups that are legally separate entities
from the University, even though some of the members or participants may
be University personnel, alumni, or students. "Non-University Group" may
be an individual.
2.4 University
Function: an activity performed by the University or a University Group.
2.5 Non-University
Function: any event, function, or activity that is not a University Function.
2.6 University
Facility: any outdoor space, building, or structure that is owned by the
University or operated under University authority, except for the Brickyard,
walkways, and other outdoor spaces that are not dedicated to particular
uses. However, the Brickyard, walkways, and other outdoor spaces remain
subject to the "Solicitation, Assemblies, and Public Addresses" regulation.
2.7 Classroom: any
space routinely used for instruction of credit-bearing courses; not the
McKimmon Center or other Extension facilities.
3. Authority
to Schedule Use of Facilities
3.1 Authority
to schedule the use of a University facility consistent with this regulation
is vested in the Dean or Vice Chancellor with administrative responsibility
for the facility. Authority to schedule athletic facilities is vested in the Athletic Director. This authority may be further delegated to other University
administrators.
3.2 When
more than one Dean or Vice Chancellor has responsibility for a facility,
they must agree on a procedure for scheduling the use of that facility.
3.3 When
a Standard Use Agreement or other approved contract or agreement is used,
the agreement may be signed only by an administrator with signatory authority
delegated by the Chancellor. A list of administrators with signatory authority
may be found at
the Delegations of Signature Authority for Contracts document.
4. Terms
and Conditions for the Use of University Facilities
4.1 Priorities
for Scheduling
4.1.1 Consistent
with the University's mission, academic classes, research, and extension
activities will have the highest priority for facilities use. (See reference
in section 1 above to scheduling by the office of Registration and Records.) However,
units funded from sources other than state appropriations may set their
own priorities for non-classroom space. The
University unit that is primarily assigned to the facility has priority
over other groups and functions.
4.1.2 Other
University Groups and University Functions will have next highest priority
in the scheduling and assignment of facilities.
4.1.3 Student
Groups and Centennial Campus affiliates will have the next highest priority.
4.1.4 Non-University Groups will have the lowest priority.
4.1.5 Once scheduled, groups and functions will
generally not be rescheduled or moved. However, the University reserves
the right to move any group to another facility or reschedule that event
to accommodate the needs of groups assigned a higher use priority by this
policy.
4.2 Requirements
for the Use of Facilities
4.2.1 Academic
classes, research, extension activities, and the activities of faculty
and staff groups are central to the mission of the University. Use
of University facilities must not interfere with these activities.
4.2.2 Scheduling
of use must conform to First Amendment requirements. For public forums
(areas consistently open to public speech
and assembly by tradition or by administrative approval), administrators
may place reasonable time, place, and manner restrictions on public speech
and assembly if they are not based on the content of speech (except that
unlawful speech is prohibited) or the viewpoint of participants. For
areas not traditionally open for public speech or assembly, administrators
may
also limit use so that it is consistent with University purpose(s) of
the facility.
4.2.3 A
fee for use of the facility may be charged, where allowed by State law
and where there is a written use agreement per section 4.3 below.
4.2.4 At
the discretion of the administrator responsible for the facility, groups
may be required to provide assurance of financial responsibility and insurance
where functions appear to carry some risk of damage to property, injury
to persons, or substantial costs. The Office of Insurance and Risk Management
may assist in this regard.
4.2.5 Use
of University facilities must comply with the Administrative Regulation
on "Solicitation, Addresses, and Public Assemblies," including written
permission from Student Organization Resource Center before facilities
may be used for solicitation, addresses, or public assemblies.
4.3 Written use agreements
are required if the University is imposing a fee for use of the facility,
if the proposed use of the facility involves charges, fees, or sales to participants,
or if the proposed use creates a potential for damage to the facility or
injury to participants. The "Standard Use Agreement" should be used without
change unless modifications or a different agreement have been pre-approved
by Legal Affairs or Contract Management.
4.4 Use of University
Facilities by Non-University Groups or for Non-University Functions.
4.4.1 Groups
that use University facilities for Non-University Functions must be responsible
for all clean-up, security, and repair costs arising from the use.
4.4.2 Written
use agreements are required for
all Non-University Functions.
4.4.3 A
University Group or Student Group must apply for and sponsor any use by Non-University
Groups in classroom, laboratory, or office space.
4.5 Administrators may issue other rules for the use of facilities
under their administrative control. Such rules must be consistent in all
respects with this policy, and must be made available to prospective users
on a University website and in hard copy form in the administrator's office. All
rules are subject to the Chancellor's administrative regulations and the
policies of the NCSU Board of Trustees and the UNC Board of Governors.