Policy No. 1:19:00:00

Cleveland State Community College Cleveland, Tennessee

Subject: Policy on Access to and Use of Campus Property and Facilities

Approval: Approved by the Cleveland State Community College Cabinet on June 12, 2012

PURPOSE
Cleveland State Community College (Cleveland State or College) regulates the use of its campus property and facilities in order to be consistent with the College’s and educational purpose through the implementation of reasonable, content/viewpoint neutral regulations. This policy has been developed in compliance with the Tennessee Board of Regents (TBR) policy and 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, regulation, or the rules and policies.
In establishing this policy, Cleveland State 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, Cleveland State 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, Cleveland State 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 this policy.
Priority for the use of college facilities and property is in the following order: 1) credit and non-credit classes and programs, 2) college-sponsored activities, 3) all other requests for usage.
The use of certain Cleveland State Community College facilities by non-affiliated entities/individuals is allowed as prescribed in this policy and in Tennessee Board of Regents (TBR) Policy No.1:03:02:50, TBR Policy No. 1:03:02:10 and TBR Guideline B-026.

  1. DEFINITIONS
    For the purposes of these regulations, the following definitions shall apply:
    1. "Affiliated Entities" - an officially registered student, student group or student organization.
    2. "Affiliated Individuals" - persons officially connected with the institution including students, faculty, and staff.
    3. "Non-affiliated Entities" - any person, group, or organization which is not an "affiliated entity or individual."
    4. "Non-affiliated Individual" - Any person who is not an "affiliated individual."
    5. "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.
  2. ACCESS TO CAMPUSES AND USE OF PROPERTY/FACILITIES
    1. Access to Facilities and Prioritized Users
      1. Access to and use of campuses, facilities, and property of Cleveland State is restricted to the institution, institutional administration for official functions, affiliated individuals/entities, and invited or sponsored guests of the College 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.
      2. Certain facilities are available for rent to the general public at established market rates. This list of facilities and the hours of availability can be obtained from the college’s director of special programs and community relations. Lease/rental agreements not covered by this policy and will be executed subject to appropriate TBR policies and guidelines governing the lease of TBR property, including but not limited to TBR Policy No. 1:03:02:10 and TBR Guideline B-026.
      3. Access/use of campus property or facilities, other than for those scheduled for official institutional, administrative and/or normal educational purposes, shall be through a process of application, review, and administrative approval as established by this policy.
      4. This policy identifies where and how the application for use of campus facilities or property may be filed.
      5. This policy sets forth the priority to be applied to individuals or groups applying to use campus facilities and/or property, consistent with the College mission statement.
      6. Affiliated entities and affiliated individuals who wish to use campus property or facilities for an event other than a regular meeting of its membership that will include an invited guest speaker and/or be open to persons outside group membership must be make application through the procedures set forth in this policy. The sponsoring entity will be responsible for the conduct of both the speaker and non-affiliated guests at the event as well as for compliance with all laws, TBR and campus rules or policies while present on campus or using campus facilities or property. The affiliated individual/entity filing/sponsoring the application, as well as the non-affiliated entity must be clearly identified on the application. The application will be subject to the same procedures and regulations application to all applications for use of campus facilities and properties.
      7. Non-affiliated entities/individuals with approved sponsorship by an affiliated entity or individual may apply for use of, or access to certain campus facilities/properties that have been identified.
      8. The College has identified one (1) space for which non-affiliated entities/individuals, may apply for use or access individually, without sponsorship from an affiliated individual/entity. Such applications shall be subject to the same procedures and requirements.
      9. The application of this policy is limited to one (1) 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 the College does not actually, or effectively, cede occupancy or control of any facility or property. Approval for repeated or intermittent use of any facility or property pursuant to this policy may not exceed four (4) 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 person/entity.
      10. 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.
      11. This policy permits access to and use of facilities consistent with the requirements of T.C.A. 8-50-1001. Meetings or other gatherings conducted pursuant to this statutory provision will be subject to an application for use pursuant to this policy in such a way that ensures that administrative, educational, and/or workplace functions are not interrupted.
    2. Use of Facilities by Affiliated Entities and Affiliated Individuals
      1. Affiliated student groups or student organizations who wish to use campus property or facilities for activities or events must complete the Virtual EMS Reservation Request form which is available online at http://ems.clevelandstatecc.edu/virtualems/ If an individual cannot access the online form, the director of special programs and community relations should be contacted so that a paper form can be provided. Affiliated student groups or student organizations are encouraged to complete the application earlier than ten business days in advance for college and organizational planning purposes.
      2. Affiliated individuals or affiliated entities must complete the Virtual EMS Reservation Request form which is available online at http://ems.clevelandstatecc.edu/virtualems/ in order to use campus property or facilities for activities or events, excluding normal educational activities. If an individual cannot access the online form, the director of special programs and community relations should be contacted so that a paper form can be provided.
        Electronic or written requests must be submitted at least five business days in advance of the proposed activity or event. Where an application for a proposed outside speaker involves 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 to allow time for processing any payment.
        The director of special programs and community relations may approve requests to use facilities filed less than five business days, or less than 20 business days in the case of a speaker paid from institutional or school funds, 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 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. 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.
      4. 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.
      5. Faculty 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.
      6. Affiliated individuals and affiliated entities who wish to invite a guest speaker or reserve space for an event other than a regular class session, or college-sponsored meeting must go through the approval process outlined by the Special Programs and Community Relations Office. Additionally all requests for usage of the theater located in the George R. Johnson Cultural Heritage Building and classrooms 113, 114, 115, and 117 in the George R. Johnson Cultural Heritage Building and the hallway and alcove/art gallery space of the George R. Johnson Cultural Heritage Building must go through this process.
      7. Affiliated entities or affiliated individuals approved to use campus facilities or property are subject to all Cleveland State 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 individual.
      8. It shall be the responsibility of the applicant to obtain written approval or denial of any application submitted pursuant to this policy.
    3. Use of Facilities by Non-Affiliated Entities and Non-Affiliated Individuals
      1. Non-affiliated entities or non-affiliated individuals who wish to use campus property or facilities for activities or events must schedule an appointment with the director of special programs and community relations at least fifteen business days in advance of the proposed event date. The Facility Usage Application will be completed at the meeting.
      2. Non-affiliate entities or non-affiliated individuals must provide the College’s director of special programs and community relations written and signed documentation from the affiliated individual or affiliated entity who has agreed to sponsor the non-affiliated entity or individual. This documentation can be in the form of an e-mail.
      3. 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.
      4. Non-affiliated entities or non-affiliated individuals approved to use campus facilities or property are subject to all Cleveland State 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 individual.
    4. Unassigned Areas
      Any affiliated entity or affiliated individual or non-affiliated entity or individual wishing to assemble, demonstrate, distribute literature or engage in similar public activity on one of the Cleveland State campuses must complete an online request form at least five business days in advance of the desired date of the activity. The president or designee will review the requests that relate to or will take place on the Cleveland Campus. The Site Director will review the request for the Athens Campus. 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 unassigned areas will include a statement regarding the basis for the disapproval. See Section E for examples of reasons for denial.
      Upon written approval the requesting individual or entity must adhere to the following guidelines:
      1. The activity must be held in the following unassigned areas, unless otherwise specified:
        1. Cleveland Campus—Lawn in front of the technology building, lawn between the George R. Johnson Cultural Heritage Center and the Career Education Building.
        2. Athens Campus—Gravel area between the business located at 2582 Ingleside Avenue #100 Athens, Tn 37303 and Athens Main Building
      2. Participants in the activity must remain in the unassigned 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 Cleveland State 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.
      11. No Cleveland State equipment is to be used during the activity.
      12. The activity must not interfere with scheduled Cleveland State-sponsored activities.
      13. All Cleveland State 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. Cleveland State is not responsible for equipment used by the participants in the activity.
    5. 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. Cleveland State may deny affiliated entities or affiliated individuals or non-affiliated entities or non-affiliated individuals the use of college facilities, including unassigned areas. 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 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 the College.
    6. 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 unassigned 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, the requirements set forth in this policy or any 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 Cleveland State 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 approval has been requested and approved by the director of special programs and community relations who will take into account the college mission and the nature of the facility or property requested, location, and time of day.
      5. Sound amplification is not permitted in the unassigned areas.
      6. Any rental of college equipment must follow the appropriate college policy and procedure. College equipment is not permitted to be used in the unassigned areas, unless the event is college-sponsored.
      7. All individuals and/or entities, by making application for registration of an activity and by subsequent use after approval by the College, 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.
      8. Individuals/entities using college facilities pursuant to this policy indemnify the College, and 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 or insuring performance of its obligations under the contract; and/or
        4. Other types of insurance in such amounts as are designated by the College.
      9. The College 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.
      10. 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.
      11. Users of facilities or property and/or their sponsor(s) are responsible for all activities associated with the event.
      12. 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.
      13. Access to, or use of, campus facilities shall not be permitted overnight unless specifically requested and approved 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.
      14. 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 disciplinary sanctions.
      15. 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.
      16. Cleveland State shall have the right to terminate the use of campus facilities or property by any group, organization or individual which violates any provision of Tennessee Board of Regents policy, college policy, local, state, or federal law or regulation.
    7. Certain Facilities, Fees, and Costs
      1. All non-affiliate entities or individuals must compensate the College for services and products used.
      2. The list of services and products includes, but is not limited to the following: room rental, equipment rental, lighting and heating and additional college personnel needed for the event, including technical, custodial, maintenance, and security staff.
      3. If the facility or property is damaged during the event, additional fees may be accessed and future use of the campus facilities and/or properties may be denied.
    8. Insurance/Indemnity
      1. Adequate bond or other security for damage to the property or facilities may be required.
      2. 2. Personal injury and property damage insurance may be required.
      3. 3. A performance bond or insurance guaranteeing or insuring performance of the obligations under a contract may be required.
      4. 4. Proof of insurance must be provided for any lease/rental event held in the theater located in the George R. Johnson, Cultural Heritage Building, the L. Quentin Lane Gymnasium, the George R. Mathis Student Center Commons Area or any outdoor space, including but not limited to the athletic facilities.
    9. Distribution of Leaflets, Literature, Pamphlets, etc.
      1. Literature, leaflets or pamphlets cannot be distributed in any building or posted or hung on any bulletin board or kiosk at the College without prior approval by the vice president of Student Affairs or his/her designee. The exception to this policy is materials that have been produced by the Office of Marketing and Public Relations.
      2. Posting of leaflets, literature, pamphlets, signs, etc. on walls, windows and building doors is prohibited.
      3. Authorization to post messages on classroom doors must be obtained from the vice president of academic affairs or his/her designee.
      4. Information on the electronic sign is monitored by the vice president of finance and administration or his/her designee.
      5. Items that are approved will have the approval on the front side of the document.
      6. Items posted without appropriate approval will be removed and discarded.
      7. The sale or distribution of leaflets, literature, pamphlets, etc. is prohibited 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 substantially impair the use of facilities or services of the College or the flow or vehicular or pedestrian traffic.
      8. Any literature which is distributed or sold shall comply with all applicable local, state, federal laws and regulations, as well as all policies and rules of TBR and this College.
      9. No obscene literature or material, as defined by law, shall be distributed at the College.
      10. The campus 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 rental or lease contract with the College.
    10. Miscellaneous
      1. Bulletin Boards and Kiosk Postings
        1. Materials that were not created by the Office of Marketing and Public Relations must be approved by the Vice President of Student Services or his/her designee before they can be hung.
        2. The approval notice will be placed on the front side of the document that has been approved.
        3. Items posted without appropriate approval will be removed and discarded.
        4. No more than one (1) copy can be placed on each bulletin board or kiosk.
        5. Areas not specifically identified and/or authorized for posting are not available for such purpose by any individual or entity, whether affiliated or unaffiliated.
      2. Yard Signs
        1. Authorization to post signage on the grounds of the College must be obtained from the director of maintenance and facilities or his/her designee. The exception to this policy is materials that have been produced by the Office of Marketing and Public Relations.
        2. Items posted without appropriate approval will be removed and discarded.
      3. Food/Catering Policies
        1. Cleveland State’s food services contract requires that all on-campus catering for be provided by the college’s food services vendor.
        2. Any food service needs should be arranged through the vendor’s catering manager at least two weeks prior to the event.
        3. All arrangements for catering (including payment terms) will be between the renter and the food services vendor.
      4. Campus Displays and/or Exhibitions
        1. Affiliated entities and affiliated individuals who wish to place a display or exhibition in a campus facility or property must complete the Virtual EMS Reservation Request form which is available online at http://ems.clevelandstatecc.edu/virtualems/ If an individual cannot access the online form, the director of special programs and community relations should be contacted so that a paper form can be provided. A meeting will be required with the director of special programs and the director of maintenance and facilities to discuss the request in greater detail.
        2. Non-affiliated entities and non-affiliated individuals who wish to place a display or exhibition in a campus facility or property must schedule an appointment with the director of special programs and community relations at least fifteen business days in advance of the proposed event date. The Facility Usage Application will be completed at the meeting.
        3. Non-affiliate entities or non-affiliated individuals must provide the director of special programs and community relations written and signed documentation from the affiliated individual or affiliated entity who has agreed to sponsor the non-affiliated entity or individual. This documentation can be in the form of an e-mail.
        4. The sponsoring entity will be responsible for the conduct of the non-affiliated guests and any invited speaker(s)/performer(s) at the event as well as for compliance with all laws, TBR and campus rules or policies while present on campus or using campus facilities or property.
        5. 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.
        6. At the end of the display and/or exhibition, the person responsible for the display/exhibition is responsible for scheduling an appointment with the director of maintenance and facilities prior to disassembling and removing the display and/or exhibit.