I:01:06 Use of Campus Property and Facilities Scheduling
The purpose of this policy is to provide a uniform basis upon which Middle Tennessee State University ("MTSU") can regulate and facilitate the use of campus property and/or facilities. This policy is intended to operate consistent with MTSU's purpose and mission, through the implementation of reasonable, content and viewpoint neutral regulations. 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; preserve residential tranquility; and prevent use of campus property and/or facilities contrary to federal, state or local law or the rules and policies of MTSU and the Tennessee Board of Regents ("TBR").
In establishing this policy, MTSU recognizes the importance to the educational process and environment for persons affiliated with MTSU, including officially recognized student organizations and other groups, to have reasonable access to and use of MTSU's educational facilities to hear various views. Simultaneously, MTSU 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, MTSU 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 and MTSU's mission.
This policy applies to proposed uses of property and/or facilities owned by and/or leased to MTSU for non-official reasons. The application procedures required by this policy do not apply to use of property and/or facilities by MTSU for official institutional, administrative and/or normal educational purposes, including University Academic Activities, Official University Events and other official MTSU functions (such as meetings, academic needs, conferences, events). This policy does not apply to any property that is not owned by or leased to MTSU. For instance, the Tennessee Miller Coliseum and the MTSU Foundation Reception House are not owned by MTSU or leased to MTSU and, thus, are not covered by this policy. This policy also does not apply to events that are mandated by MTSU pursuant to contract.
For the purposes of this Policy, potential users and uses of University property fall into the following general categories, which are defined as follows:
A. Affiliated Entities: An officially registered student, student group, or student organization.
B. Affiliated Individuals: Persons officially connected with MTSU including students, faculty, and staff.
C. Non-affiliated Entities: Any person, group, or organization that is not an "Affiliated Entity" or "Affiliated Individual."
D. Non-affiliated Individual: Any person who is not an "Affiliated Individual."
E. Non-University/External Events: Programs and activities organized by any Non-affiliated Entity or Individual.
F. Student: A person who is currently registered for a credit course or courses, non-credit course or program at MTSU, 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.
G. University Academic Activities: Activities directly related to the instructional mission of MTSU. Examples include MTSU academic credit bearing classes and courses related events resulting from academic course work.
H. University Sponsored Events: Activities directly related to the life of the campus community beyond the classroom. Examples include athletics, recreation, student programming activities, and academic camps/conferences/workshops. There are two sub-categories of such events.
1. Official University Events: Programs that are scheduled or sponsored by faculty, staff, administrative offices and departments that are planned primarily for members of the MTSU community. Affiliated Entities, Affiliated Individuals, Guests, Non-affiliated Entities, Non-affiliated Individuals, and Students may attend these programs.
2. Student Events: Programs, activities, and services that are scheduled or sponsored by student clubs or organizations that are officially recognized by MTSU and planned primarily for members of the campus community. It is recognized that Affiliated Entities, Affiliated Individuals, Guests, Non-affiliated Entities, Non-affiliated Individuals, and Students may attend these programs.
I. University Related Events: Match the same criteria as a University Sponsored Event, but also include a charge for registration and/or admission.
J. University Co-sponsored Events: Academic programs, conferences, and/or meetings involving two entities – a MTSU school, academic department, administrative unit, or student organization and an outside organization such as a professional association in which MTSU holds membership or maintains a relationship that directly benefits the MTSU community.
IV. ACCESS TO CAMPUS
In carrying out its mission, MTSU desires to ensure that space is readily available for University activities and functions as well as the functions of its Affiliated Entities and Individuals. In certain, more limited circumstances, MTSU also desires to allow Non-affiliated Entities and Individuals to use certain portions of its property and/or facilities.
A. Identification of property/facilities available for use: A listing of all available MTSU property and/or facilities, including a designation of entities and/or individuals eligible to request use of those properties and/or facilities, is provided in Appendix A. Appendix A also lists the type of events that are suitable for the property (i.e. concerts, athletic events, theatrical presentations, etc.) and any conditions required to obtain permission to use the property and/or facilities. Any property/facility not specifically identified as available for use in Appendix A is specifically unavailable for use other than for normal administrative or educational purposes.
After consultation with the appropriate Responsible Office, the MTSU Event Coordination Department is authorized to make changes to this listing.
B. Access generally reserved for University and Affiliated Individuals/Entities: The campus, facilities, and property of MTSU is restricted to use by MTSU, MTSU administration for official functions, Affiliated Individuals/Entities, and invited or sponsored guests of MTSU except as specifically provided by this policy or when part or all of MTSU campus, buildings, or facilities are open to the general public for a designated time and purpose.
1. Use of property by MTSU for MTSU functions: The application procedures required by this policy do not apply to use of property and/or facilities by MTSU for official institutional, administrative and/or normal educational purposes, including University Academic Activities, Official University Events and other official MTSU functions (such as meetings, academic needs, conferences, events). Depending on the type of event, the cost procedures set forth in Section VII may apply. When assigning space, MTSU functions shall take precedence and have priority over all other proposed uses.
Although individuals or entities seeking to use space under this paragraph are not required to follow the formal application procedures set forth in this policy, the University entity responsible for scheduling of any particular space may implement certain scheduling procedures to ensure that the space is effectively reserved.
2. Use of property by Affiliated Individuals/Entities: Before being allowed to use MTSU property and/or facilities, Affiliated Individuals/Entities shall file an application as set forth in this policy. Affiliated Entities shall comply with all other applicable provisions of this policy. Affiliated Entities/Individuals shall have priority over all uses by Non-affiliated Entities/Individuals.
a. Regular membership meetings: Affiliated Individuals and Entities may submit an application to use MTSU property and/or facilities for its regular membership meetings only if the meetings are limited to members of the organization. Affiliated Entities also may request authorization for the repeated use of the particular campus facility or space to conduct such meetings subject to the provisions of Section IV.E. below.
b. Activities involving non-members: Access to or use of campus facilities or property by Affiliated Entities and Individuals for an event other than a regular meeting of its membership that will either include an invited Non-affiliated guest speaker and/or be open to persons outside group membership will be considered a use by a Sponsored Non-affiliated Entity as set forth below.
C. Limited access allowed for Non-affiliated Individuals/Entities:
1. Use of property by Sponsored Non-affiliated Individuals/Entities: Affiliated Entities/Individuals may, subject to the provisions below, sponsor Non-affiliated Individuals/Entities to use MTSU facilities or property. Uses by Sponsored Non-affiliated Entities shall take priority over uses by Non-sponsored, Non-affiliated Entities.
a. Sponsor's Responsibilities: In the event that a Non-affiliated Entity or Individual is permitted use of MTSU property and/or facilities, in conjunction with a University-affiliated group, the sponsoring individual/group will be held responsible for ensuring: (1) that the Non-affiliated Individual/Entity complies with the terms of this policy, other MTSU and/or TBR policies, and all local, state, and federal laws; (2) that any and all costs or fees associated with the event are paid; and (3) that in all advertising or reporting of the event or meeting, the name and/or mark of MTSU is used only to indicate location and in no way implies sponsorship or endorsement of the activity or the individual's/group's objectives or candidacy. In addition, the sponsor is responsible for all communication including reservation and event arrangements with the venue scheduling staff and must be present at and actively participate in the event.
b. Enforcement: Any violation of the above could result in canceling of any scheduled use and the right of the individual/group to schedule future use. In such cases the manager of each facility will be responsible for enforcing all facilities use policies, ensuring that an appropriate investigation takes place into any alleged violations, determining if a violation has occurred, and making a recommendation to the appropriate University official, as designated below:
(1) Vice President for Student Affairs – events sponsored by students and/or student organizations;
(2) Provost – events sponsored by faculty;
(3) Assistant Vice President for Human Resource Services – events sponsored by classified employees; or
(4) Appropriate division head – events sponsored by administrative employees.
c. Activities of Affiliated Entity/Individual that Involve Non-members: Access to or use of campus facilities and/or property by Affiliated Entities and Individuals for an event other than a regular meeting of its membership that will either include an invited guest speaker and/or be open to persons outside group membership must be made through the procedures set forth in this policy and subject to the following provisions:
(1) A separate application must be submitted for each event under this paragraph (i.e., no recurring events);
(2) The sponsoring individual or entity will be responsible for the conduct of both the non-affiliated speaker and non-affiliated guests at the event as well as compliance with all laws, TBR and MTSU policies and rules; and
(3) The application for such access or use of campus property and/or facilities must clearly set forth the identities of both the Affiliated Individual/Entity that is sponsoring/filing the application as well as the Non-affiliated Entity being sponsored.
2. Use of property/facilities by Non-sponsored, Non-affiliated Entities: MTSU has opened the property and/or facilities designated in Appendix A for application for use or access by a Non-affiliated Entity/Individual without sponsorship from an Affiliated Individual or Entity.
As indicated in Appendix A, the Student Union Commons is available for use by a Non-sponsored, Non-affiliated Entity without payment of a rental or lease fee. All other facilities designated as available for Non-sponsored, Non-affiliated Entities in Appendix A are available to such entities only by rental or lease.
Use by Non-sponsored, Non-affiliated Entities shall have the lowest priority.
3. Facilities designated as restricted: Certain property and/or facilities on MTSU's campus may be made available for use under this policy on a "restricted" basis when certain restrictions are necessary to protect the health, safety and welfare of the campus community and property. For instance, a science lab may be made available for an event by an MTSU science department, but due to the nature of the lab and its contents, may be inappropriate for use by an entity or individual without the necessary scientific training.
D. Applicability of Rules and Regulations: All persons on the campus of MTSU shall be subject to all rules and regulations of MTSU and TBR that are applicable to the conduct of students on campus and to all applicable federal and state laws and regulations. In addition, all persons who operate motor vehicles shall be subject to MTSU and TBR rules, regulations, policies and procedures on traffic and parking, which can be located at mtsu.edu/parking. MTSU shall have the right to terminate the use of campus property and/or facilities by any group, organization or individual which violates any provision of MTSU or TBR policy, local, state, or federal law or regulation.
E. Repeated/Intermittent Events: Affiliated Entities may request permission for the repeated or intermittent use of a particular campus facility or space to conduct regular meetings using campus property and/or facilities without requiring repeated application and approval for each occurrence of the event only if the meetings are limited to members of the organization. Approval for repeated or intermittent use of any facility or property pursuant to this policy may not exceed one semester 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. For purposes of this paragraph, the summer term shall count as one semester beginning on the first day of the May summer term and ending on the last day of the June/July summer term.
A listing of all facilities and/or property that are eligible for repeated or intermittent use is provided in Appendix A.
F. Limited frequency for Non-sponsored/Non-affiliated users: Non-sponsored/Non-affiliated users can reserve space up to four (4) times per semester. Each reservation shall not last more than one (1) day.
G. Access pursuant to TENN. CODE ANN. § 8-50-1001: Access to and use of facilities consistent with the requirements of TENN. CODE ANN. § 8-50-1001 is permitted. Meetings or gatherings conducted pursuant to this section are subject to the application procedure set forth in this policy for the sole purpose of ensuring that administrative, educational, and/or workplace functions are not interrupted.
H. Identification: All persons on the campus of MTSU shall provide adequate identification to appropriate officials and security personnel of MTSU upon request. Personnel and students of MTSU who refuse to provide such identification may be subject to disciplinary action. Other persons who refuse to provide such identification shall be requested to leave the campus, and if they refuse, may be subject to lawful removal and prosecution.
V. APPLICATION & PERMITTING PROCESS
Access to/use of MTSU property and/or facilities, other than for those scheduled for official institutional, administrative and/or normal educational purpose, shall be through the application process set forth below:
A. Where to Make Request: Individuals and/or entities seeking to access/use MTSU property facilities shall complete an application. Applications may be obtained from and all completed applications shall be submitted to:
The Event Coordination Department will route the application to the appropriate Responsible Office for the requested venue. A list of the Responsible Offices for all available MTSU property and/or facilities is provided in Appendix A.
In the event that a request to use space is made to the Responsible Office instead of Event Coordination, the Responsible Office shall immediately inform Event Coordination of the request. The Responsible Office may proceed to process the request per the terms of this policy.
B. Deadline for Making Request: All applications for events involving an outside speaker that involves the payment of a total fee and/or expenses to the speaker in excess of $2,500 from MTSU funds must be submitted at least twenty (20) working days prior to the date of the proposed speaking engagement. All other applications must be submitted in writing at least five (5) working days in advance of the proposed use.
The President, or his or her designee, may approve applications for registration filed at a later time upon a determination from the Responsible Office that the use of property requested can be reasonably accommodated and that adequate cause exists for late filing of the application for registration. Approval of late applications shall be within the sole discretion of the President, or his or her designee. The decision of such official is final. Applications shall be submitted on a form designated by the Chancellor of the Board of Regents, or his or her designee.
A blank application form may be obtained from the Event Coordination Department.
C. Disposition of Application: Upon receiving any request for use of MTSU facilities or property, the Responsible Office shall provide written notice of approval or disapproval of the proposed use of campus property and/or facilities to the applicant within a reasonable time from when the application is received.
Notices of approval/disapproval will be made available at the Responsible Office and Event Coordination. It shall be the responsibility of the applicant to obtain notice of the approval/disapproval of any application submitted pursuant to this policy. As a courtesy, however, once a decision to approve/disapprove an application has been made, the Responsible Office will attempt to notify the applicant of the decision through the means indicated on the application.
A notice of approval shall state the time and location in which the activity is allowed. A notice of disapproval of the proposed use shall also state the grounds for disapproval.
D. Written agreement required: In all cases where an application for access or use of MTSU 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.
E. Considerations: Any denial of a request to access/use MTSU property and/or facilities shall be based solely on factors related to reasonable regulations in light of MTSU's mission and the nature of the facility or property requested. Decisions to approve/disapprove any application shall be rendered in a content/viewpoint neutral manner. The Responsible Office shall consider and may deny an application based on the following criteria:
1. The property and/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 and/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 MTSU 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 property and/or facility 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. The size and/or location of the requested use would cause substantial disruption or interference with the normal activities of MTSU, 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 MTSU;
12. The activity presents a clear and present danger for physical harm, coercion, intimidation, or other invasion of lawful rights of MTSU's officials, faculty members, or students, the damage or destruction, or seizure and subversion, of MTSU'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 Office 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 TBR or MTSU.
The following conditions, which seek to preserve MTSU's mission and take into account the nature of its facilities or property, shall govern activities conducted pursuant to approved applications for access to or use of campus property and/or facilities. These conditions shall be enforced uniformly to all uses of campus facilities and/or property in a content and viewpoint neutral manner. MTSU shall have the right to terminate the use of campus facilities and/or property by any group, organization or individual which violates any provision of this policy, other MTSU or TBR policy, local, state, or federal law or regulation.
A. Users of MTSU property and/or facilities shall comply with the limitations as to the number of persons that may attend in accordance with appropriate building and fire codes and safety standards applicable to particular facility and/or property at issue. These limitations are specified for each property in Appendix A;
B. Users of MTSU property and/or facilities shall comply with state and federal law and all MTSU and TBR regulations, policies, or rules for the conduct of assemblies, meetings and demonstrations;
C. MTSU Student Events, as defined above, must comply with all guidelines set forth by MTSU Policy III:01:01 Student Organizations and the Rights and Responsibility handbook;
D. 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;
E. MTSU may deny the use of its property and/or facilities to any applicant who has an outstanding debt to MTSU or has previously violated the terms of its use of MTSU property and/or facilities;
F. Sound amplification equipment may be used only when prior approval has been requested and granted by the Responsible Office taking into account MTSU's mission and the nature of the facility and/or property requested, location, time of day, etc. A copy of MTSU's sound amplification guidelines can be obtained here;
G. Users of facilities and/or property and/or their sponsor(s) are responsible for all activities associated with the event;
H. Users of facilities and/or property and/or their sponsor(s) are responsible for all fees and costs assessed by MTSU for the event as set forth in Section VI below (entitled "Fees and Costs");
I. All groups, organizations and individuals, by applying for registration of an activity and by subsequent use after approval by MTSU, agree to indemnify MTSU and hold it harmless from any and all liabilities arising out of such use of the property and/or facilities of MTSU, including, but not limited to, personal injury, property damage, court costs and attorney's fees. In addition, in certain situations as set forth in Section VII below (entitled "Insurance and Bonds") certain users may be required to provide additional bonds and insurance;
J. All persons operating motor vehicles in conjunction with an approved use/access of campus facilities and/or property shall be subject to MTSU and TBR rules, regulations, policies and procedures regarding traffic and parking. The MTSU rules regulations and procedures can be obtained from the MTSU Parking and Transportation Services website;
K. The hours in which facilities are generally available are listed in Appendix A. The hours of use may vary during holidays, final exam weeks, "week of welcome" dates and the summer semesters. Except as provided in Section VIII.F below (entitled "Camping"), access to, or use of, campus facilities and/or shall not be permitted overnight;
L. All persons on MTSU's campus in conjunction with an approved application for use/access shall provide adequate identification upon request to appropriate officials and security personnel of MTSU. 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;
M. Fronting is prohibited. Fronting is defined as permitting a non-University individual or organization to use University property and/or services under the guise that the activity is a University-Sponsored or University Co-Sponsored Event in order to avoid fees. Fronting is prohibited by University policy. Anyone wanting to schedule MTSU property must follow the instructions and guidelines (as outlined by the MTSU Event Coordination Department) to request usage, follow the solicitation and fundraising guidelines and pay all fees as outlined by University policy.
N. All persons shall be subject to all MTSU, Tennessee Department of Environment and Conservation and Environmental Protection Agency rules and regulations related to environmental protection, including illicit spills covered by MTSU's MS4 stormwater permit. Questions related to these rules and regulations can be directed to MTSU's environmental engineer in Environmental Health and Safety Services.
MTSU will assess certain fees or charges for specific costs and/or services provided to campus users (e.g., maintenance, janitorial, utilities, and/or security). These fees will be assessed as set forth below. All fees and costs shall be assessed to all similar uses on a content/viewpoint neutral basis.
In addition, for properties that are available for rent/lease, facility use fees will be established by the Facility/Venue Manager, in association with the appropriate Department Chairperson, Dean, or Director. The amount of facility use fees will be based on the type of space, the length of usage, and the competitive market rates for comparable square footage.
Notwithstanding any fee obligations designated below, the evening and weekend charge at the Foundation House shall apply to all users.
All fees and rates shall be presented for approval to the MTSU Vice President Council and will be reviewed and adjusted annually prior to the start of the fiscal year.
A. Fee Definitions and Amounts: The following fees, which are defined below, may be assessed to users of MTSU property and/or facilities.
1. Support Services Fees: Any cost that is incurred as a direct result of the event occupying the facility. These fees include but are not limited to Additional Set-Ups, Security, Custodial, Food Services, Building Attendant, Technical Attendant, and Production Services. The amounts of these fees are set forth in Appendix B.
2. Facility Use Fee: Is a room occupancy fee (i.e., rental or lease rate). The amount of these fees are set forth in Appendix B.
3. Administrative Fee: Is a fee for the University Event Coordinator's time spent processing/facilitating each request.
B. Events subject to fee assessment: Not all events/activities occurring on MTSU property will be subject to a fee. Fees will be assessed in accordance with the following:
Event Type/Fee Required Support Services
Facility Use Administrative
University Academic Activities No No No
Official University Events Yes No No
Student Events Yes No No
University Co-Sponsored Yes No Yes
University Related Yes No Yes
Non-University/External Yes Yes Yes
Pursuant to TBR Policy 1:03:02:10 Approval of Agreements and TBR Guideline B-026 Lease Procedures and Guidelines, a lease agreement will also be required for Non-University/External Events.
C. Additional Services: In addition, users who require additional services shall use services provided by MTSU or its affiliates, unless written permission is granted in advance. Absent such written permission, outside services are absolutely prohibited. These services include, but are not limited to: Production Services, Custodial Services, Grounds Services, University Police, and Parking Services. The user will be required to execute a separate agreement applying to this use and shall pay the fees and costs associated with such services. A schedule of fees for certain commonly-used services is provided in Appendix B.
D. Food Service: Food and Catering shall be permitted for all event type definitions and is subject to the provisions of MTSU Policy IV:04:13 Purchasing of Meals and Refreshments for Both on and Off-Campus and MTSU Policy IV:04:20 Food Service Self Catered or Off-Campus Vendor.
E. Payment of Fees: Unless stated otherwise in Appendix B, the following shall apply to all fee payments under this policy.
1. University Sponsored, Related, and Co-sponsored events: The MTSU department/organization sponsoring the event/activity will accept responsibility for all applicable fees. A security deposit to ensure fiscal responsibility will be required by the facility manager utilizing these general guidelines.
a. Estimated support services charges under $50 are due at receipt of confirmation to hold reservation and are non-refundable.
b. Estimated support services charges under $500 require a non-refundable reservation deposit of $50 due at receipt of confirmation to hold reservation.
c. Estimated support services charges more than $500 require a non-refundable reservation deposit of 10% of charges due at receipt of confirmation to hold reservation.
2. Non-University/External Events: A non-refundable 10% deposit is required at receipt of confirmation to hold the reservation. All User Fees and estimated Support Services Fees, and Administrative Fees must be paid prior to the beginning of the event.
Insurance may be waived for any non-University/external group using a campus facility if the use is for a meeting such as a conference, dinner, presentation, speaker, etc., lasting no longer than one day. MTSU reserves the right in its sole discretion to require insurance and/or a performance bond if it determines there may be a concern for personal or public health or safety. Factors used to determine the requirement of insurance and/or a performance bond include, but are not limited to, the nature and uses of particular facilities, the age of event participants, and the anticipated event size or attendance for any use of campus facilities and/or property. If insurance and/or a performance bond will be required, appropriate levels of coverage and minimum limits shall be enumerated pursuant to contract. 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.
IX. PARTICULAR USES
1. Any proposed distribution of literature or advertising material by an Affiliated or Non-affiliated Entity or Individual must be approved through the application procedures set forth above. Such applications shall be evaluated by the same standards established under this policy for the associated use/access of campus facilities and/or property.
2. Restrictions on Distribution:
a. Any literature that is distributed or sold and any advertisement shall comply with all applicable local, state, and federal laws and regulations, as well as the rules and policies of MTSU and TBR;
b. No obscene literature or material, as defined by law, shall be distributed on any property owned or used by MTSU;
c. Campus property and/or 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 MTSU and/or when a rental or lease agreement is in place specifically for such temporary purpose;
d. No literature, advertising material or other printed matter shall be distributed in the following locations:
(1) Classrooms, library, or other academic building or facilities;
(2) Administrative and employee offices and work areas;
(3) Student residence halls, dormitories, or apartment buildings;
(4) By placing it on vehicles parked on the MTSU campus; or
(5) By placing it on utility poles, trees, walls, buildings, or other objects on campus.
This shall not restrict a faculty member from distributing within the classroom non-commercial material related to the particular course or subject matter.
3. Upon approval of an application to use MTSU property and/or facilities, MTSU will permit the sale or distribution of literature, non-commercial solicitations, or advertising in designated locations within the lobbies or other general use areas of the above-noted buildings or other campus facilities designated for placement of literature for distribution or sale.
4. MTSU shall have the right to terminate the distribution or sale of literature by any group, organization or individual that violates the provisions of this policy.
5. Nothing in this section should be construed to limit the rights of access to state employees set forth in TENN. CODE ANN. § 8-50-1001.
Unless otherwise provided, solicitation for the purpose of entering or consummating a commercial transaction on any property owned or used by MTSU is prohibited. Solicitation for other than a commercial purpose is prohibited unless expressly provided for by MTSU policy or approved by the President or his/her designee.
1. General Requirements:
a. MTSU may require any group, organization or individual to verify the use, application or disposition of funds solicited on campus property.
b. Solicitations shall be permitted only in those areas designated for such activity by MTSU.
2. Permitted Activities: Subject to the application and approval process set forth above, the following solicitations are permitted on MTSU's property and/or facilities.
a. Fundraising by Affiliated Individuals/Entities: Activities or events engaged in by Affiliated Entities/Individuals or by registered student organizations for the purpose of raising funds to meet expenses of the group, organization, or individual are permitted, provided that funds raised by such activities or events shall be used for the benefit of the group, individual, or organization, and no funds shall be distributed to the officers, members, or any individual for personal profit or use. Fundraising by students and student organizations shall also be subject to the student Rights and Responsibilities Handbook.
b. Solicitation of Membership by Affiliated Individuals/Entities: Solicitation of dues and/or membership in an organization by affiliated groups or individuals or by registered student organizations. Solicitation by students and student organizations shall also be subject to the student rights and responsibilities handbook.
c. Distribution of Literature by Non-affiliated Individual/Entity: Distributing literature by a non-affiliated group containing general information about their organization. Such distribution shall be in compliance with the provisions of Section IX.A above (Distribution of Literature or Advertising Material).
d. Sales and Solicitation by Non-affiliated Individual/Entity: MTSU property and/or facilities may not be used by any Non-affiliated Entity or Individual for the conduct of commercial solicitation, on-site sales, or other profit-making activities except when (1) a license or lease agreement exists; (2) the activity is conducted in accordance with any other valid contract or agreement with MTSU; (3) the commercial solicitation, on-site sales or other profit-making activity takes place pursuant to an agreement and is sponsored by a registered student organization for the purpose of raising funds to support the organization's activities. No sales or solicitation will be approved under this policy if activity conflicts with any contractual obligations of MTSU.
Agreements between non-affiliated vendors sponsored by MTSU, or a registered student organization to engage in commercial solicitations, on-site sales, or other profit-making activities are subject to the following conditions:
(1) No student organization will be permitted to sponsor the same non-affiliated vendor more than two days per month.
(2) Requests from student organizations to sponsor a non-affiliated vendor must be approved by the Assistant Vice President for Student Affairs.
(3) Permission to sponsor a non-affiliated vendor may be denied if the presence of such vendor would be disruptive, would interfere with any aspect of MTSU's operation, or would detract from the orderly and aesthetic appearance of the campus.
(4) All non-affiliated vendors sponsored by a student organization will be charged a per diem fee to be paid at the time the activity is registered. This fee will be assessed apart from any financial arrangement made between the sponsoring student organization and the non-affiliated vendor. Any fee associated with these activities is provided in Appendix B.
(5) Non-affiliated vendors sponsored by MTSU or a student organization are strictly prohibited from engaging in conduct that is unduly intrusive in their interactions with students, staff, or faculty, or otherwise harasses, disturbs, or interferes with the rights of students, staff, and faculty to the use and enjoyment of institutional facilities or property.
(6) Non-affiliated vendors sponsored by student organizations may be required to show proof of compliance with all state and local laws and ordinances governing their activities.
e. Solicitation of charitable funds shall be governed by the provisions of MTSU Policy I:01:11 Charitable Solicitations.
1. No advertising signs, posters, or other material may be placed on any campus property or facility by any Non-affiliated Individual/Entity, except that MTSU may permit advertising on specifically designated bulletin boards, digital signage, and other designated locations on campus. Affiliated Entities/Individuals may place advertising materials on campus property but only in such places as are designated by MTSU.
2. MTSU may authorize the inclusion of advertisements in appropriate campus publications or on other campus property (i.e., scoreboards, busses, etc.) for a reasonable fee.
3. MTSU may permit limited advertising by groups, organizations or individuals when incidental to a donation of property or services to MTSU or pursuant to a contract with MTSU.
D. Bulletin Boards/Digital Signage
All postings of advertising or other material on utility poles, trees, walls, buildings, or other objects on campus is strictly prohibited. To facilitate posting of information and material where permitted, MTSU has installed certain bulletin boards designated as "Community Bulletin Boards" across campus that may to be used by members of the campus community for postings unrelated to official MTSU business. All other bulletin boards are reserved for official MTSU business and are not available for postings by any other individual or entity. Designated digital signs in certain campus multiple-use locations may be available to post event announcements.
The specific rules applicable to a Community Bulletin Board will be conspicuously posted on each board and will control all postings on that board. Any posting that does not comply with the stated rules is subject to immediate removal without warning.
1. At a minimum, each Community Bulletin Board shall comply with the following:
a. Prominently display a sign above the board indicating that it is a "Community Bulletin Board."
b. Prominently display on a sheet of paper at least 8 ½" by 14" the Rules for Posting on the Community Bulletin Board, including, at a minimum, the following:
c. A listing of the specific individuals and/or entities that are permitted to post on that bulletin board;
d. Whether permission is required in advance of posting on that board and, if so, from whom;
e. Any limitations of the types of messages that may be posted on the board;
f. The maximum size of any message that may be posted on that board;
g. That no obscene material or material that violates state, federal or local law, or MTSU or TBR policy may be posted on the board;
h. A regularly scheduled date on which all material will be removed from the board. For instance, the individuals/offices authorizing the use of the board may wish to remove all material from the board on the first day each month or the day following Graduation, etc.
2. All individuals/offices requiring prior permission to use a Community Bulletin Board may deny a request on the basis of one or more of the following. The denial of the request shall be in writing and shall state the reason for the denial.
a. The person or group is not authorized to use the board in question;
b. The material is not the type authorized to be on the board in question or fails to meet any of the rules for posting on the board;
c. The material is obscene or otherwise violates any federal or state law or regulation of MTSU or TBR; or
d. There is insufficient space for the material on the board due to the previous posting of other materials.
The individual/office responsible for any bulletin board on campus, in conjunction with the MTSU Fire Marshal, shall confirm that the placement of the bulletin board complies with the local fire code.
3. Digital signage in certain campus locations is available to be used in conjunction with meetings/events. Specifics of digital signage use guidelines are located at mtsu.edu/digital-signs.
4. Nothing in this section should be construed to limit the rights for access to state employees set forth in Tenn. Code Ann. § 8-50-1001.
Except as specified below, banners or other large printed material may not be placed or hung on any MTSU property or structure.
1. Keathley University Center: MTSU has made a limited amount of space on the patio rails and the columns at the Keathley University Center ("KUC") available for Affiliated Entities and MTSU Departments to hang banners for limited purposes of advertising their events and/or promoting their organization. No other groups will be allowed to hang banners on MTSU's property or facilities. The following restrictions shall apply to all banners displayed under this policy:
a. Banners may be displayed a maximum of two (2) consecutive weeks unless additional time is approved by the Dean of Students or his/her designee.
b. Banners are limited to one per organization unless approved by the Dean of Students or his/her designee.
c. Banners made for the KUC patio rails will be hung and taken down by MT Unions staff. Please drop off banners to the KUC Information Desk (located on the 2nd floor of the KUC) no later than the day before your reservation.
d. Banners for SGA Elections and Homecoming must be displayed horizontally in front of the KUC and may not exceed 3' x 5' (feet). Check the SGA Election Packets for more information.
e. Banners made for the KUC columns must be professionally made and have metal grommets. A University account must be provided in order to get the banner hung. The organization/department will incur a cost from Facilities Services to hang and remove the banner. Banners to be hung on the columns must be turned into MT Unions staff no later than 5 business days prior to the first date of the reservation so that a work order can be placed with Facilities Services to provide the banner hanging service. Bungee cords are provided by MT Unions for the purpose of hanging banners. Banners that do not meet this criterion will not be hung. Please note: The banner hanging service provided by Facilities Services is weather dependent, so the banner may or may not be hung by the first day of the reservation. Banners must be no bigger than 12 ft. in width for the main column and 6 ft. for the side columns.
f. Banners hung at the KUC must be retrieved from the KUC Information Desk no later than five (5) business days following the removal date. MT Unions is NOT responsible for banners left after 5 days, and is not responsible for the loss or damage to any banner.
g. Banner space is available on a first come, first serve basis.
2. Greek Row: Subject to approval by the appropriate MTSU office, residents of the houses located on MTSU's Greek Row may hang appropriate exterior banners, posters, and signs (collectively "banners") that promote student organization or campus events. The dimensions of banners on the exterior of Greek Row houses may not exceed 8 feet by 6 feet. Houses that are leased from MTSU by Greek organizations must obtain approval from the Office of Fraternity and Sorority Life prior to hanging the banner. Houses that are occupied by individuals pursuant to a Housing License Agreement with the Office of Housing and Residential Life must obtain approval from this office prior to hanging the banner.
In evaluating a request for approval, the appropriate office shall confirm that the sign promotes student organization or campus events and that it is of a quality that does not detract from the appearance of Greek Row. In addition, the appropriate office can also determine if safety concerns require that Facilities Services hang and remove the sign. All charges for the hanging and removal of the sign shall be paid in advance by the applicant.
Faculty and/or Affiliated Entities are authorized to extend invitations to uncompensated, unaffiliated guest speakers for regular class sessions and/or meetings, without prior application as set forth in this policy as long as the following conditions are met:
1. Attendance at the class session or meeting will be limited to members of the class or Affiliated Entity; and
2. No fee or compensation from state funds will be paid to the speaker.
Except in the circumstances provided below, all individuals or groups engaging in activities covered under this policy are prohibited from constructing or erecting any permanent or semi-permanent structure(s) on MTSU property and from erecting, maintaining, or occupying any temporary sleeping equipment, including but not limited to tents, sleeping bags, hammocks, and other non-permanent structures, sleeping quarters, or apparatus.
The above prohibitions shall not apply in the following circumstances:
1. Erecting, maintaining, and occupying temporary sleeping equipment between the hours of 7:00 a.m. and 11:00 p.m.;
2. Maintaining or occupying a motor vehicle or trailer equipped with living space and amenities found in a home, such as a recreational vehicle, camper van, motor home, or the like, provided that: (1) the vehicle or trailer is licensed for use and operation and a license plate demonstrating this fact is affixed to the vehicle; (2) the use of the vehicle or trailer has been approved in advance by either the Blue Raider Athletic Association, Tennessee Livestock Center, or the Tennessee Miller Coliseum (collectively the "approving entity") in a manner consistent with the existing policies of the approving entity and all required fees have been paid; and (3) the vehicle or trailer is parked in a space for such vehicles or trailers as designated by the approving entity;
3. Maintaining or occupying motor vehicles or trailers equipped with office space or living space and amenities found in a home, such as a recreational vehicle, camper van, motor home, or the like, on MTSU property that has been leased by MTSU to another entity or on property assigned to, and under the control of, a contractor of MTSU. Activities under this paragraph must specifically be permitted by contract and/or lease and be conducted in accordance with the terms of the contract or lease;
4. Participants in events being held in unsecured or open buildings or structures, including specifically the animal barns at the Tennessee Livestock Center and the Tennessee Miller Coliseum, may erect, maintain or occupy overnight sleeping equipment to stay overnight with belongings, including livestock, for purposes of protecting or securing said belongings. Participants shall notify the organizer of the event of their intent to remain on the premises overnight.
Participants in events being held in unsecured or open buildings or structures, including:
H. Events involving unaccompanied minors:
The following additional requirements shall apply to uses of the MTSU campus and facilities that will involve participants who are minors not accompanied by a parent/guardian. For purposes of this section, "minor" shall mean any individual under the age of eighteen (18).
1. University Sponsored, Related, and Co-Sponsored Events: The campus department or business unit responsible for overseeing any long term use (as defined below) of the MTSU campus or a facility shall be responsible for obtaining and maintaining:
a. Liability Waivers: Liability waivers for all minor participants must be completed and signed by the parent or legal guardian. Sample waivers are available from the Office of the University Counsel website.
b. Background Checks: Background checks must be run for all event staff members, both paid and volunteer, who will be involved in the use, who will have teaching, coaching, supervisory or similar responsibilities for the minor participants. The background checks shall be paid for by the campus department or business unit responsible for the event. Any individual with a criminal history relating to children or violence, including but not limited to, child abuse, neglect or sex offenses shall not be allowed to be involved with the event.
(1) Non-MTSU employees: Event staff members who are not current MTSU employees shall provide a release to the hiring department or business unit allowing a background check to be run. Human Resource Services ("HRS") will obtain the background checks. For unpaid personnel, in addition to obtaining a background check, the department or business unit shall ensure that a volunteer form is completed and submitted to HRS.
(2) Current MTSU employees: If the event staff member is a current University employee who had a background check at the time of hire, no additional background check is required. The responsible department or business unit will provide a roster of MTSU-employed event staff members who will have teaching, coaching, supervisory or similar responsibilities for minor participants to HRS which will confirm that the employees have received an appropriate background check. If a background check was not done at the time of hire, one will be required before the employee may assist with the event in a capacity in which the employee will have teaching, coaching, supervisory or similar responsibilities for minor participants.
In addition, the MTSU-employed event staff member will complete a Criminal History Attestation stating whether he/she has been arrested and/or convicted of any criminal offenses during the intervening time period since the time of the background check. If any such offense(s) involve offenses relating to children or violence, including but not limited to, child abuse, neglect or sex offenses, that employee shall not be allowed to be involved in the event.
c. Long-term use: Long term use, as referenced in this Policy, shall include:
(1) Any use in which the minor participant will participate in a particular activity on more than five (5) consecutive days;
(2) Any use in which the minor participant will be housed overnight in MTSU housing facilities;
(3) For purposes of this policy, long term uses shall not include formal campus visits by prospective students, student orientation activities, or athletics recruiting visits.
d. Notwithstanding anything referenced above, MTSU reserves the right in its sole discretion to require liability waivers for all minor participants and/or background checks for all event staff members involved in any university sponsored, related, and co-sponsored event.
2. Non-university/External Events: Individuals or entities hosting any non-university or external events shall enter into an appropriate facilities use agreement which shall require:
a. Indemnity: The individual or entity agree to indemnify MTSU and hold it harmless from any and all liabilities arising out of such use of the property and/or facilities of MTSU, including, but not limited to, personal injury, property damage, court costs and attorney's fees. Such indemnity agreement shall specifically include any and all claims brought against the University for any injury to the minor participants including but not limited to child abuse and child sexual abuse/molestation.
b. Insurance: The individual or entity may also be required to carry insurance as set forth in Section VIII of this policy. If required, such insurance shall also specifically include coverage for injury to the minor participants including but not limited to coverage for child abuse and child sexual abuse/molestation. Proof of such coverage shall be provided to MTSU along with the certificate of insurance as set forth in Section VIII.
c. Additional Obligations May be Imposed by Contract: Notwithstanding anything referenced above, MTSU may impose additional requirements for non-university and external events involving minors pursuant to contract.
X. NOTICE OF POLICY
The MTSU Event Coordination Department and all Responsible Offices set forth in this policy shall maintain a copy of this policy for inspection by groups, organizations, and individuals interested in the use of campus property and/or facilities and shall provide a copy of such policy upon request.
Exceptions to this policy can be made upon approval of the President of MTSU subject to TBR policy and state law.
Revisions: July 6, 1993; September 16, 1997; December 8, 2011; May 30, 2012; June 27, 2013; November 11, 2013.
Cross References: TBR Policy 1:03:02:10 Approval of Agreements; TBR Guideline B-026 Lease Procedures and Guidelines; MTSU Policy IV:04:13 Purchasing of Meals and Refreshments for Both on and Off-Campus; MTSU Policy IV:04:20 Food Service Self Catered or Off Campus Vendor; MTSU Policy I:01:11 Charitable Solicitations.