Use of Campus Property and Facilities Policy : 3:02:02:00

Responsible Executive: Executive Vice President for Business and Finance

I. PURPOSE

1. Motlow State Community College (Motlow State) regulates the use of its campus property and facilities in order to be consistent with Motlow State’s mission and educational purpose through the implementation of reasonable content/viewpoint neutral regulations.  This policy, Tennessee Board of Regents (TBR) Policy 1.03.02.50, and all campus policies developed in compliance with the policy, shall be implemented and construed so as to ensure no undue disruption of that mission; promote an educational atmosphere on campus; prevent commercial exploitation of students; and prevent use of campus property and facilities contrary to federal, state, or local law, regulation, or the rules and policies of the TBR.
2. In establishing this policy, and the related college policies, Motlow 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, Motlow 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, Motlow 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 and institutional policy and mission.
3. Priority for the use of college facilities is in the following order:
   1. Credit and non-credit classes and programs;
   2. College-sponsored activities; and
   3. All other requests for usage.

II. DEFINITIONS

For the purposes of these regulations, the following definitions 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, noncredit 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.
6. Normal Educational Activities – Activities that occur outside of the classroom to enhance and continue student learning and project completion.  They include, but are not limited to, the following: small group study sessions (whether organized by students, tutors, supplemental instructors or teachers), review sessions, open labs, student-teacher conferences, and students working together on class projects.
7. Guest – a person invited by a student or employee of Motlow State to visit the campus at a specific time and place.
8. Campus – any land, building, or other property owned, leased, or controlled by Motlow State or the TBR for specific use by Motlow State.

III. ACCESS TO CAMPUSES & USE OF PROPERTY/FACILITIES

1. Access to Facilities and Prioritized Users
   Access to and use of campuses, facilities, and property of Motlow State are restricted to the institution, institutional administration for official functions, affiliated individuals/entities, and invited or sponsored guests of Motlow State 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. Use of Facilities by Affiliated Individuals and Affiliated Entities
   1. Affiliated student groups, student organizations, individuals, and entities who wish to use campus property or facilities for activities or events must complete the electronic Facility Request/Student Event/Visiting Speaker Form.  Requests must be made no less than five (5) business days in advance of the proposed activity or event.  Affiliated student groups or student organizations are encouraged to complete the request earlier than five (5) business days in advance for Motlow State and organizational planning purposes.  Once submitted, the appropriate campus contact will issue determinations regarding such applications.  Requests for campus facility use must be approved in writing by the Executive Vice President for Business and Finance (EVPBF).
      1. Employees should submit their request through their reporting supervisor or department lead, and/or the Executive Vice President of their respective division;
      2. Students working independent of a recognized student organization must obtain written permission from the Executive Vice President for Student Success; and
      3. Requests for activities taking place on campuses must be approved by the EVPBF.
   2. Written permission or disapproval shall be issued in the form of an email message.  Disapproval of a request will include a statement regarding the basis for disapproval.  Written approval or disapproval of a request will be provided to the applicant within a reasonable time, usually within five (5) business days.  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 facilities or property requested and rendered in a content/viewpoint neutral manner. See Section III.E.
   3. When an application for a proposed outside speaker involves payment of a total fee and/or expenses in excess of $2,500 from institutional funds, the request must be submitted to the appropriate Executive Vice President no later than 20 business days prior to the date of the proposed speaking engagement to allow time for processing any payment.
   4. Motlow State’s President or designee may approve requests to use facilities filed less than five (5) business days before the event (or 20 business days for events where a speaker is paid from institutional or school funds), if it is determined that the use of property requested can be reasonably accommodated and that adequate cause exists for late filing of the application for usage.  Approval of late requests shall be within the sole discretion of the President or designee.  The decision of the President or designee will be final.
   5. Use of facilities is limited to one-time only events, short term, intermittent, and/or repeat use of campus facilities where access/use of facilities/property are permitted without an associated rental/lease or fee.  Such uses shall be limited to circumstances where Motlow State does not actually, or effectively, cede occupancy or control of any Motlow State property.  The EVPBF may, at their discretion, give permission to affiliated entities in cases where the meetings are limited to members of the organization, for the repeated use of facilities.  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.
   6. 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.
   7. Affiliated individuals and affiliated entities who wish to invite a guest speaker or reserve space for an event other than a regular class session, normal educational activity, or college-sponsored meeting must apply through the electronic Facility Request/Student Event/Visiting Speaker Form.
   8. An affiliated individual(s) or affiliated entity or entities sponsoring a guest speaker or event will be responsible for the conduct of both the speaker and the non-affiliated guests at the event as well as compliance with all laws, TBR and Motlow State rules and/or policies while present on campus or using campus facilities or property.
   9. All entities or individuals, and their sponsors, engaging in approved use of campus facilities or property are subject to all Motlow 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 Executive Vice President.
   10. 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 Individuals and Non-Affiliated Entities
   Unaffiliated persons or entities may not apply to access/use campus facilities independently except as applied to the use of:
   1. Moore County Campus –Traders Bank parking lot area near the baseball field;
   2. Fayetteville Campus – Lower parking lot area;
   3. McMinnville Campus – Parking lot area close to the hospital; or
   4. Smyrna Campus – Upper parking lot area closest to the water tower.
      
      The above identified facilities will not be available for use, other than by Motlow State, during final exam week in any semester.  Requested use may not take place on Saturdays, Sundays, or when Motlow State is officially closed.
      
      For access/use of any other facility or space a non-affiliated person/entity may only apply through sponsorship by an affiliated person/entity.  Use of property or facilities by non-affiliated entities or individuals will be subject to the same content/viewpoint neutral, time, place, manner and campus policies as are in place for affiliated entities/individuals.
      
      Non-affiliated individuals/entities may apply to lease campus facilities/property designated as available for that purpose subject to TBR and Motlow State policy applicable to such lease/rental agreements.  Areas available on a rental/lease basis and the appropriate campus contracts are identified on the Facility Request Form.
4. D. Facilities/Areas Designated Available for Use by Affiliated Individuals/Entities are listed in the Facility Request Form.
   
   All facilities will be unavailable for use, other than by Motlow State, during final exam week in any semester.  Requested use may not take place when Motlow State is officially closed.
5. Denial of Application for Access/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.  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 Motlow State 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. Invasion of lawful rights of the institution’s officials, faculty members, or students, the damage or destruction, or seizure and subversion, of the institution’s buildings, other property, or for other campus disorder of a violent or destructive nature.  In determining the existence of a clear and present danger, the responsible official may consider all relevant factors;
   13. A determination that the requested use would be contrary to local, state, or federal law, regulation, or the policies or regulations of the TBR, or Motlow State.  The EVPBF 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; or
   14. The event/usage is requested at a time when facilities and security staff are not available.
6. General Conditions for Use of Property or Facilities
   Once permission to use Motlow State property or facilities has been granted, 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, other Motlow State policies, state or federal law/regulation may result in the immediate revocation of previously granted approval for access/use of campus facilities or property with employment and/or student disciplinary sanctions, if appropriate.
   1. Building, fire codes, and safety standards applicable to particular facilities and/or property must be met.
   2. All Motlow 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 appropriate official taking into account the college mission and the nature of the facility or property requested, location, and time of day.  Sound amplification is not permitted in the unassigned areas.
   5. College equipment is not permitted to be used in the unassigned areas.
   6. All individuals and/or entities, by making application for registration of an activity and by subsequent use after approval by Motlow State, agree to indemnify Motlow State and hold it harmless from any and all liabilities arising out of such use of the property and/or facilities of the institution, including, but not limited to, personal injury, property damage, court costs and attorney’s fees.
   7. Individuals/entities using college facilities pursuant to this policy indemnify Motlow State, and Motlow State 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 ensuring performance of its obligations under the contract; and/or
      4. Other types of insurance in such amounts as are designated by Motlow State.
   8. Motlow State 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, Motlow State may consider the nature and uses of particular facilities and/or locations on campus and the anticipated event size or attendance for any use of campus facilities and/or property.  Proof of compliance with this provision may be required in advance of an event.  This provision shall be applied and enforced in a content/viewpoint neutral manner.
   9. All persons operating motor vehicles in conjunction with an approved use/access of campus facilities and/or property shall be subject to Motlow State and TBR rules, regulations, policies, and procedures regarding traffic and parking.
   10. Users of facilities or property and/or their sponsor(s) are responsible for all activities associated with the event.
   11. Use of the requested facility and/or property shall be limited to the declared purpose in the application for use/access to campus facilities and/or property.
   12. Access to, or use of, campus facilities shall not be permitted overnight unless specifically requested and approved pursuant to the requirements of this policy and/or other applicable Motlow State policies.  Such use shall be limited to the specific time and location set forth in the notice of approval/registration document.
   13. All persons on campus in conjunction with an approved application for use/access shall provide adequate identification upon request to appropriate officials and security personnel of the institution.  Persons or groups who refuse to provide such identification may be subject to immediate removal from campus and/or disciplinary action.  In appropriate circumstances, such persons may become subject to arrest and/or prosecution, and students will be subject to disciplinary sanctions.
   14. College property and facilities may not be used by any non-affiliated entity/individual for the conduct of profit-making activities except when engaged in a business relationship, pursuant to a contract, with Motlow State and/or when a rental or lease agreement is in place specifically for such temporary purpose.
   15. Participants in the activity must remain in the assigned area.
   16. The activity may not take place in a classroom or library.
   17. The activity may not take place in an administrative area, employee office or work area during business hours or when otherwise in use for Motlow State purposes.
   18. Any literature distributed on campus must comply with all applicable local, state, and federal laws and regulations, as well as rules and policies of Motlow State and TBR.
   19. No obscene literature or material, as defined by law, shall be distributed on campus.
   20. The activity may not block the flow of pedestrian or vehicular traffic.
   21. Participants may not make physical contact with others.
   22. Participants must leave the area free of debris and litter.
   23. Motlow State equipment may be used as approved by the appropriate institutional official.
   24. The activity must not interfere with scheduled Motlow State sponsored activities.
   25. All Motlow State and TBR policies and procedures and local, state and federal laws must be obeyed.
   26. Activities are limited to a total of four per month for any individual or entity.  Children under the age of 18 are not permitted to participate in the activity without being accompanied by an adult, unless otherwise approved by the appropriate institutional official.  For more information regarding procedures related to minors on Motlow State’s campuses, please review TBR Policy 7.04.00.00.
   27. Motlow State is not responsible for equipment used by the participants in the activity.
7. Distribution of Leaflets, Literature, Pamphlets, etc. – Commercial Use/Solicitation Prohibited
   1. Literature and/or advertisements may only be sold or distributed in conjunction with an approved application for use of campus facilities.  Requests to distribute or sell literature shall be included with the underlying application to use campus facilities and/or property, using the same form utilized for use of campus facilities or property.  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. Commercial solicitation and/or the distribution or sale of literature associated with commercial solicitations, or advertising is specifically prohibited except when engaged in a business relationship, pursuant to a contract, with the institution and/or when a rental or lease agreement is in place specifically for such temporary purpose.
   3. 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 contract, with the institution and/or when a rental or lease agreement is in place specifically for such temporary purpose.
   4. Unless otherwise approved, literature and/or advertisements may not be distributed within:
      1. Classrooms or libraries; or
      2. Administrative and employee offices and work areas.
   5. Any literature which 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 the institution and TBR.
   6. Distribution of obscene literature or material, as defined by law, shall not be distributed on any property owned or used by a TBR institution.

IV. FEES FOR THE USE OF MOTLOW STATE OWNED AND OPERATED PROPERTY AND FACILITIES

Generally, there will be no fee assessed to an affiliated group, organization or individual for use of campus property and facilities for events that are non-profit making activities and which follow the procedures already established related to standard room set-ups.

The use of certain Motlow State facilities by non-affiliated entities/individuals is allowed under the policies and guidelines prescribed in Motlow State’s policy and in TBR Policy 1.03.02.50, 1.03.02.10, and TBR Guideline B-026.

When applying to use any of the college’s facilities, please be aware that:
a. All non-profit groups will be required to provide proof of non-profit status.

1. Local business and civic organizations may use college facilities for group activities that serve the community or are not of a profit making nature.
2. Any activity that is scheduled must be consistent with college policies.
3. Approval of a request for use of any Motlow State facility is at the sole discretion of the college.

All fees must be paid prior to the event occurring, unless other arrangements have been made with the EVPBF or the President of Motlow State or the fees are not known at the time of the activity.

The President of Motlow State, or designee, can make exceptions to the fees associated with the use of Motlow State property and facilities.

SOURCES

CORRESPONDING POLICY

TBR Policy 1:03:02:50

HISTORY

Leadership Council Approved: September 3, 2013

Revised: editorial changes made September 4, 2017; June 1, 2023

Institutional Oversight Committee Approved: August 15, 2023

President’s Cabinet Approved: August 23, 2023

Effective Date: September 3, 2013; August 23, 2023