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

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Table of Contents

I. PURPOSE

Motlow State Community College (Motlow College or College) regulates the use of its campus property and facilities in order to be consistent with the College mission and educational purpose through the implementation of reasonable, content/viewpoint neutral regulations. This policy, and all campus policies developed in compliance with 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 Tennessee Board of Regents (TBR), the institutions, and schools.

In establishing this policy, and the related College policies, Motlow College 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 College 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 College 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.

Priority for the use of College facilities is in the following order:

  1. credit and non-credit classes and programs
  2. college-sponsored activities
  3. all other requests for usage

II. DEFINITIONS

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

  1. "Affiliated Entities" - an officially registered student, student group or student organization funded by and/or sponsored by Motlow College, and/or one of the following groups:
    1. Any alumni association, booster club, foundation, etc., which is organized and operated for the benefit of Motlow State
    2. TBR or TBR Institution
    3. University of Tennessee
    4. K‐12 School Systems in Motlow’s Service Area
    5. Local Governments in Motlow’s Service Area
    6. State of Tennessee
  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 College to visit the campus at a specific time and place.
  8. “Campus” – any land, building, or other property owned, leased, or controlled by Motlow College or the TBR for specific use by Motlow College.

III. ACCESS TO CAMPUSES & USE OF PROPERTY/FACILITIES

A. Access to Facilities and Prioritized Users

Access to and use of campuses, facilities, and property of Motlow College are restricted to the institution, institutional administration for official functions, normal educational activities, 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.

B. Use of Facilities by Affiliated Individuals and Affiliated Entities

  1. Affiliated student groups or student organizations 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 business days in advance for College and organizational planning purposes. Once submitted, the appropriate campus contact as identified in Attachment 2 will issue determinations regarding such applications. Requests for use at site campuses must be approved in writing by the Vice President for Academic Affairs.
  2. The following affiliated individuals or affiliated entities must submit a written request to the appropriate Vice President with jurisdiction for their activities. For employees the request to the Vice President shall be submitted through their reporting supervisor. The Vice President, or a designee, will issue determinations regarding such applications for use of campus property or facilities for activities or events, excluding normal educational activities.
    1. Students working independent of a recognized student organization must obtain written permission from the Vice President of Student Affairs.
    2. Individual faculty must obtain written permission from the Vice President for Academic Affairs.
    3. Staff members must obtain written permission from the Vice President of their respective division.
    4. Requests for activities taking place on the site campuses must be approved by the Vice President for Academic Affairs.
  3. Written permission or disapproval may 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 facility or property requested and rendered in a content/viewpoint neutral manner. See Section III.E.
  4. 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 to the Vice President for Academic Affairs no later than 20 business days prior to the date of the proposed speaking engagement to allow time for processing any payment.
  5. The College President or designee may approve requests to use facilities filed less than five (5) business days, 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.
  6. 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 of fee. Such uses shall be limited to circumstances where the College does not actually, or effectively, cede occupancy or control of any College property. The Vice President, may, at his or her 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 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.
  7. 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.
  8. 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.”
  9. 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 College rules and/or policies while present on campus or using campus facilities or property.
  10. All entities or individuals, and their sponsors, engaging in approved use of campus facilities or property are subject to all Motlow College and TBR rules and/or policies and federal, state and local laws. Further, they must adhere to any conditions of facility usage as outlined in this policy or stated by the approving Vice President.
  11. It shall be the responsibility of the applicant to obtain written approval or denial of any application submitted pursuant to this policy.

C. 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. Main Campus— Regions Bank parking lot area near the baseball field
  2. Fayetteville Campus— Lower parking lot area near the basketball goal
  3. McMinnville Campus— Parking lot area near the former Department of Safety Motor Vehicle License building
  4. Smyrna Site— Upper parking lot area closest to the water tower

The above identified facilities will not be available for use, other than by the College, during final exam week in any semester. Requested use may not take place on Saturdays, Sundays, or when the College 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 College policy applicable to such lease/rental agreements. Areas available on a rental/lease basis and the appropriate campus contacts are identified in Attachment 3.

D. Facilities/Areas Designated Available for Use by Affiliated Individuals/Entities:

  1. Copperweld Arena
  2. Wellness Center
  3. Tennis Courts
  4. Gymnasium Classrooms
  5. Dressing Rooms in Gym
  6. Powers Auditorium
  7. Eoff Hall Lobby and Patio
  8. Sverdrup Exhibition Hall (EH-122)
  9. Library (all areas)
  10. General Classrooms (including MT-155 for ITV)
  11. Marcum Technology Center (MT 105A, 105B, 105C, 112, 118, 119, 133, 141, 147 and 152)
  12. Forrester Lobby and Patio
  13. Jack Daniel’s Dining Room(s)
  14. Lincoln Co. Dining Hall
  15. Parking Lots
  16. Campus Courtyards and Lobbies

The above identified facilities will not be available for use, other than by the College, during final exam week in any semester. Requested use may not take place when the College is officially closed.

Areas available on a rental/lease basis and the appropriate contact person are identified in Attachment 3. Any facilities/spaces not specifically identified are not available for use.

E. 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 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.

F. General Conditions for Use of Property or Facilities

Once permission to use College 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 College 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. 6. 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.
  7. 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.
  8. 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.
  9. 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.
  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 College policies. Such use shall be limited to the specific time and location set forth in the notice of approval/registration document.
  13. All persons on campus in conjunction with an approved application for use/access shall provide adequate identification upon request to appropriate officials and security personnel of the institution. Persons or groups who refuse to provide such identification may be subject to immediate removal from campus and/or disciplinary action. In appropriate circumstances, such persons may become subject to arrest and/or prosecution, and students will be subject to disciplinary sanctions.
  14. College property and facilities may not be used by any non-affiliated entity/individual for the conduct of profit-making activities except when engaged in a business relationship, pursuant to a contract, with the College and/or when a rental or lease agreement is in place specifically for such temporary purpose.
  15. Participants in the activity must remain in the assigned area.
  16. The activity may not take place in a classroom, library, or other academic building or facility.
  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 College 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 College 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. Sound amplification is not permitted.
  24. No Motlow State equipment is to be used during the activity.
  25. The activity must not interfere with scheduled Motlow College-sponsored activities.
  26. All Motlow College and TBR policies and procedures and local, state and federal laws must be obeyed.
  27. 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.
  28. Motlow State is not responsible for equipment used by the participants in the activity.

G. 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. Literature and/or advertisements may not be distributed within:
    1. Classroom, library or other academic buildings or facilities; 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.

NOTE: Some or all of the following five attachments may be required before use of facilities is granted.

ATTACHMENT 1:  EVENT REMINDERS

(To be completed prior to the date of the event)

  • Determine Cost of the Event
  • Verify Date Availability (Campus Facility and the Contractor)
  • Department Chair/Budgetary Head Approval (Includes Approval to Expend Funds)
  • President/VP Approval (Includes Approval to Expend Funds)
  • Facilities Setup Determined 
  • Complete Electronic Facilities Request Form
  • Complete Contract if Required with Appropriate Signatures
  • Receive Director of Workforce Developments Approval
  • Obtain Contractors Signature on Contract
  • Deliver Contractor Signed Contract to the MSCC Contracts Officer– Contracts Officer Must Receive at Least Two, Four or Six Weeks before the Date of the Event (See Below)
    • Only MSCC Approval Required – At Least 2 Weeks Before the Event
    • MSCC and TBR Approval Required – At Least 6 Weeks Before the Event
    • MSCC, TBR and Commissioner of Finance and Administration – At Least 8 Weeks Before the Event
  • MWOs Generated (If Needed)
  • Copy Received of the Fully Executed Contract
  • Requisitions /P.O.s for Purchases (refreshments, handouts)
  • Community Relations Library Displays (News releases, photographs taken, graphic artist designing handouts, etc.
  • Requisitions for Payment to Performer, Speaker, Artist

ATTACHMENT 2: On Campus (Internal) Contacts for Room/Facilities Requests

The Director of Workforce Development will be the contact for off-campus (outside) calls and will subsequently coordinate requests. This will provide a single community contact to request rooms or facilities. Persons who wish to use campus property or facilities for activities or events must complete the electronic “Facility Request/Student Event/Visiting Speaker Form.” For questions regarding the facilities request procedure, please contact the Director of Workforce Development at (931) 393-1760.

Facility Requested Facility Contact
Copperweld Arena Athletic Director
Wellness Center Athletic Director
Softball Field Athletic Director
Baseball Field Athletic Director
Tennis Courts Athletic Director
Gymnasium Classrooms Athletic Director
Dressing Rooms in Gym Athletic Director
Powers Auditorium Dean of Moore County Campus
Eoff Hall Lobby and Patio Dean of Moore County Campus
Sverdrup Exhibition Hall (EH-122) Dean of Moore County Campus
Library (all areas) Director of Libraries
General Classrooms (including MT 155 for ITV)

Nursing Administrative Secretary

Marcum Technology Center (MT 112, 118, 119, 133, 141, 141, 152)

 Dean of Allied Health & Director of Nursing
Marcum Technology Center (MT 147) Chief Information Officer
Marcum Technology Center (MT 105A, 105B, 105C) Director of Workforce Development
Forrester Lobby & Patio Director of Workforce Development
Jack Daniel’s Dining Room(s) Director of Workforce Development
Lincoln Co. Dining Hall Director of Workforce Development
Parking Lots Director of Workforce Development
Fayetteville Campus Asst. Dean of Fayetteville Campus
McMinnville Campus Dean of McMinnville Campus
Smyrna Campus Dean of Smyrna Campus

ATTACHMENT 3: RENTAL FEES Associated WITH THE USE OF MOTLOW COLLEGE OWNED AND OPERATED PROPERTY AND FACILITIES

  1. 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 (Attachment 4).
  2. The use of certain Motlow State Community College facilities by non-affiliated entities/individuals is allowed under the policies and guidelines prescribed in Motlow State’s policy and in Tennessee Board of Regents (TBR) Policy No. l:03:02:50, TBR Policy No. 1:03:02:10 and TBR guideline B-026.
  3. When applying to use any of the college’s facilities, please be aware that:
    1. All non-profit groups will be required to provide proof of non-profit status
    2. Local business and civic organizations may use college facilities for group activities that serve the community or are not of a profit making nature.
    3. Any activity that is scheduled must be consistent with college policies.
    4. Approval of a request for use of any Motlow College facility is at the sole discretion of the college.
  4. Any affiliated or non-affiliated group, organization or individual requesting a change in the standard room set-up will be assessed the following fees: Facilities Service Personnel- $15 per hour per person with a minimum charge of $60. No more than one teardown and set-up per event will be permitted.
  5. Non-affiliated groups, organizations or individuals or affiliated groups, organizations or individuals sponsoring non-affiliated groups, organizations or individuals requesting the use of facilities for a profit-making activity shall be assessed the following charges:
    1. Rent per day (no prorating for partial days or by the hour unless otherwise noted) (if applicable, these fees are in addition to the fee in II above). Note: Generally, the cost of utilities is included in the fee for rent. However, if there is a sponsored event that will require a demand in utilities in excess of what is normally required by the institution on a day-to- day basis, a fee for utilities will be calculated and assessed.
      1. Jack Daniel’s Dining Room (large side) $125
      2. Jack Daniel’s Dining Room (small side) $ 75
      3. Jack Daniel’s Dining Room (both sides) $200
      4. Sverdrup (E-122) $350
      5. General Classrooms (all locations, except those listed below) $ 70
      6. Powers Auditorium $1050
      7. Marcum Center Room 105A $200
      8. Marcum Center Room 105B $200
      9. Marcum Center Room 105C $200
      10. Marcum Center Room 105 A,B and C $650
      11. Sverdrup Symposium Hall $400
      12. Classrooms in Marcum $220
      13. Gymnasium $800
      14. Wellness Center $ 20/hr per person
      15. Softball Field $100
      16. Baseball Field & Driver Complex $200
      17. Dressing Rooms in Gym $ 125 per dressing rm.
      18. Rental of Parking Lots Negotiable
      19. Sundquist Center-Fayetteville: Classrooms $170; Room #46 & #48 $320 Welding Room #44 $320
      20. Smyrna Site single classrooms except SM112 $ 70 SM112 $ 50; SM 122 & 124 (as single room) $100 SM 125 & 127 (as single room) $100
      21. Lincoln Co. Bank Dining Hall $500
      22. McMinnville Room 114 $120
    2. Additional Services (optional)
      1. Security $ 20 per hr (4 hr min.)
      2. Technician $ 25 per hr
      3. Monitor $ 10 per hr
      4. Distance Learning Support
        Non-profit Individuals / Groups $ 50 per hr
        Profit Individuals / Groups $100 per hr
      5. Gym Floor (cover, uncover) $100
      6. Large Stage (set up & take down) $ 80
      7. Microphones and Speakers (set up) $ 50
      8. Podium and Speakers $ 15
      9. Other Equipment (A/V technical support, etc.) $ 15
      10. Tables (set up & take down) $ 3 (less than 4, free)
      11. Chairs (set up & take down) $ 1 (less than 12, free)
      12. Room Set Up (when different furniture arrangement is required) $ 20
  6. If the general public is required to pay admission to enter an event, the College may charge a percentage of the gate receipts in addition to the rental fee for the activity.
  7. Any fees not listed for use of computer equipment, media equipment, conferencing and communication line charges will be established by the Chief Information Officer (393-1588).
  8. All fees must be paid prior to the event occurring, unless other arrangements have been made with the Director of Workforce Development or the President of Motlow College or the fees are not known at the time of the activity (in which case the known fees must be paid prior to the event occurring and the balance within 5 working days after the event.)
  9. The President of Motlow State, or designee, can make exceptions to the fees associated with the use of Motlow State property and facilities.

Attachment 4

Facilities Use Agreement

Sources

Corresponding Policies

TBR Policy 1:03:02:50; TBR Guideline G-010

History

Leadership Council Approved: September 3, 2013 Effective Date/Approved: September 3, 2013 Revised: editorial changes made September 14, 2017

Responsible Party

Director of Workforce Development

 

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