POLICY REGARDING USE OF UNIVERSITY FACILITIES AND GROUNDS
Clemson University Administrative Policy
Office of Primary Responsibility: Office of Student Affairs
1.0 Purpose: The primary use of any Clemson University facility shall be for purposes related to the University’s missions. The instructional, research and service needs of the University shall take precedence over any other prospective use of University facilities. The purpose of this policy is to set forth the conditions under which Clemson University facilities may be used by persons or organizations for purposes other than their primary function. There may be additional policies specific to certain facilities or for specific events and they may include more restrictive provisions than this policy. Persons or organizations seeking to use any University facility are advised to inquire about the existence of any such additional policies at the time they reserve its use.
2.0 Applies to: This policy applies to any and all facilities owned, leased or under the authority of Clemson University, including all facilities located on the main campus, as well as all facilities located at other locations. “Facilities” shall include all buildings and structures, grounds, sidewalks, recreation areas, and streets considered to be part of the campus of the University. University facilities are divided into two general categories: publicly available facilities and instructional facilities.
2.1 Publicly Available Facilities are those facilities which the University makes available for use by individuals and groups that are not otherwise affiliated with Clemson University. A list of these facilities may be viewed at Appendix A. Any individual or group, including Clemson students, faculty and staff, may reserve and use these facilities for any lawful purpose. There is a fee associated with the use of any publicly available facility. Information regarding fees and reservations for these facilities can be obtained by contacting the individual at the address and number listed in Appendix A. Please note that many of these facilities have specific restrictions as to occupancy, hours of use, etc. and may not be available or suitable for every requested use. Use of alcohol at any event at a publicly available facility is subject to University policies, as stated below in Section 10.0 of this Policy.
2.2 Instructional Facilities are those facilities of the University which are not publicly available and are only available to Clemson University students, faculty, and staff and officially recognized University organizations. Use of these facilities shall be restricted to activities related to the education, research and service missions of the University.
2.3 Procedure for the Use of Clemson University Facilities: Requests for the use of the facilities of Clemson University are to be submitted to the Authorized Designee for that facility. A list of Authorized Designees for University facilities is attached as Appendix A. The Authorized Designee for any facility not included in Appendix A shall be the Vice President for Business Operations. All requests should be in writing on the Use of Clemson University Facilities Form, shown in Appendix B. Additional approvals are required for use of facilities that will entail Sales and Solicitation (see Appendix C) or Events with Alcohol (see Appendix D). As noted in Section 1.0, above, certain facilities have additional registration or use requirements. Please check with the Authorized Designee when making reservations for a specific facility to ensure all requirements are met. The completed Use of Clemson University Facilities Form (Appendix B) should be submitted to the Authorized Designee no later than seventy-two (72) hours prior to the anticipated use. Submission of the Form does not guarantee permission for use of the facilities requested. Generally, competing requests for use of a facility will be resolved on a “first come, first served” basis; however, exceptions may be made at the discretion of the Authorized Designee.
2.4 “Fronting” by University Organizations: Instructional Facilities as defined in section 2.2 above are limited for use by Clemson University faculty, students, staff and officially recognized University organizations for activities related to the University’s education, research and service missions. Clemson University faculty, students, staff and organizations may not reserve an instructional facility on behalf of or for the use of an outside organization. Clemson University faculty, students, staff and organizations also may not reserve publicly available facilities on behalf of or for the use of an outside organization so the outside organization can use the facility at a reduced rate. This conduct constitutes “fronting” and is prohibited. The Authorized Designee of the University for an instructional facility may deny or rescind permission to use that facility if it is determined that the use is not primarily for the benefit of the faculty, student, staff or officially-recognized organization making the reservation. The Authorized Designee of the University for a publicly available facility may apply the public rate for use of the facility if it is determined that the use is not primarily for the benefit of the faculty, student, staff or officially-recognized organization making the reservation. The University shall not be liable or responsible for financial or other damages incurred by an individual or organization whose permission to use a facility is denied, rescinded or modified (including a rate change), pursuant to this Fronting policy.
3.0 Use of facilities for Speech and Assembly
3.1 Speech and Assembly for University Students, Staff, Faculty, and Affiliated Groups: Clemson University supports the right of individuals (students, faculty, and staff) and groups that are affiliated with Clemson University to discuss, express, advocate or examine issues or ideas within constitutionally valid limitations. Expressive activities and inquiry are fundamental to the academic endeavor. However, with this right to free expression comes a responsibility to consider and accommodate the rights of other members of the campus community. Therefore, Clemson University affiliated individuals and groups may conduct orderly demonstrations or protests if they do not disrupt the normal or previously scheduled activities of the University or University affiliated entities, violate the free speech, assembly or movement of other individuals or organizations, damage property, or create an unsafe situation for any individual, group or organization. The use of public address systems or loudspeakers must comply with the requirements of section 7.0 below. Although prior registration of demonstrations and protests by students, faculty, or staff or affiliated groups is not mandatory, it is strongly recommended. Prior registration and planning ensures that the desired space will be available on the appropriate date and time. Prior registration should be handled in accordance with the provisions set forth in section 2.3 above.
Nothing in this policy is intended to infringe upon any legal rights regarding freedom of speech. Application of the policy shall not be arbitrary or capricious and shall not be based upon the content of the proposed speech and nothing in this policy shall be interpreted in such a way as to discriminate on the basis of political, religious, social or other content.
3.2 Speech and Assembly for Non-Affiliated Individuals and Groups: The freedom to engage in free speech is protected by federal law, state law and University policy. Clemson enforces its right to place reasonable restrictions on the time, place and manner that free speech activities shall occur on its facilities. The University has designated two areas on campus for free speech activities by non-affiliated individuals and groups: Hendrix Plaza and Cox Plaza. Non-affiliated Individuals or groups wishing to engage in free speech activities in these areas must submit a reservation form (Appendix B) to the University Union at least 72 hours in advance of the activity to reserve these spaces. Reservations will be approved on a space available basis. Priority will be given to Clemson University affiliated individuals and groups including departments, recognized student organizations, students, faculty and staff that submit requests to reserve these locations. The University reserves the right to have appropriate security present to preserve order and protect the safety of its students, employees and property. Speech and assembly shall be confined to the designated area and must not disrupt the normal or previously scheduled activities of the University or University affiliated entities, violate the free speech, assembly or movement of other individuals or organizations, damage property or create an unsafe situation for any individual, group or organization. The use of public address systems or loudspeakers must comply with the requirements of section 7.0 below.
Violations of section 3.2 of this policy could result in revocation of an approved reservation and the non-affiliated individual or group may be required to leave the campus.
Nothing in this policy is intended to infringe upon any legal rights regarding freedom of speech. Application of the policy shall not be arbitrary or capricious and shall not be based upon the content of the proposed speech and nothing in this policy shall be interpreted in such a way as to discriminate on the basis of political, religious, social or other content.
4.0 Sales and Solicitations: All commercial sales, solicitations, advertising or other commercial activity on University facilities is strictly prohibited without prior authorization from the University. “Commercial sales, solicitations, advertising or other commercial activity” shall mean any activity whose purpose is to inform, induce or encourage individuals or groups to purchase, rent, lease, or use (or not purchase, rent, lease or use) any goods or services. Individuals or groups wishing to engage in sales and solicitations must submit a Sales and Solicitations form (Appendix C) to the University Union no later than 72 hours in advance of the requested event. All authorized sales and solicitations shall be subject to applicable local, state and federal laws. No sales and solicitation shall interfere or conflict with the normal conduct of the activities and missions of the University and its students and employees.
The University has designated certain facilities and areas for authorized sales and solicitations. Activities may be further restricted to specific times and dates as determined by the University. Failure to comply with any such restrictions shall subject the individual or group to immediate revocation of authorization to engage in the activity and may further result in disciplinary action, including criminal prosecution for trespass. Door-to-door solicitation and sales is strictly forbidden on any University facility, for any reason. Sales and solicitation in any student residential facility and any classroom or work area is prohibited unless such sales and solicitation is requested by a resident (in the case of student residential facilities) or employee (in the case of a classroom or office area) and the resident or employee must sign the Sales and Solicitations form (Appendix C). In such cases, approval shall generally be restricted to that resident or employee’s room or work area.
4.1 Athletic Events. Commercial sales and solicitations, advertising or other commercial activity on the day of an on-campus athletic event are not permitted within 100 feet of the venue of the athletic event or in the area described as the area east of Lake Hartwell, south of highway 93, and west and north of Silas Pearman Boulevard (Perimeter Road). Exceptions to these limitations may be granted by the Athletic Department and requests for an exception should be submitted on a Sales and Solicitations form (Appendix C) and submitted to the Athletic Department no later than 72 hours before the proposed event.
5.0 Bulletin Boards and Other Postings: The University prohibits posting of bills, advertisements or other materials on any University property other than in designated areas. Only students, faculty, staff and recognized University organizations can post on University facilities. Commercial posting by individuals or groups is prohibited unless sponsored by a recognized University organization or unit. A list of designated areas for postings (Appendix E) is available for Individuals or groups who wish to post materials at one or more designated bulletin boards on campus. Individuals or groups are responsible for providing copies of the materials and placing them on the designated boards. Additionally, individuals or groups may be required to remove postings not in compliance with this policy. Posted materials may not jeopardize campus safety. Alcoholic beverage consumption may not be the primary message of any posted materials. Materials must clearly promote the activity or event publicized. Postings whose primary purpose is the promotion of commercial goods or services will not be allowed and the name, logo or mark of a commercial entity may not appear as the primary message in any posting.
The maximum size for postings is 11 x 17 and the layout should be vertical. No material should be placed over existing, approved materials. Individuals and groups posting are responsible for removing their own postings. All postings shall be with tacks; adhesive affixtures are not permitted. The use of chalk for on University facilities is not permitted. The expiration date of all posted materials shall be a maximum of two weeks from the date of approval.
Banners may be approved for display with permission of the Student Union. Banners shall only be allowed in those locations approved by the University and the University may impose restrictions on the size, location and duration of any banner displayed. Postings or solicitations (commercial and non-commercial) on motor vehicles parked on Clemson property are not allowed.
6.0 Use of Instructional Facilities for Religious Purposes. As a public entity, Clemson University is governed by State and Federal laws prohibiting both the establishment of any religion and discrimination against any individual or organization on the basis of religion. In accordance with these legal principles, Clemson does not allow the use of its instructional facilities for any religious event or by any religious organization not officially recognized by the University. “Religious organizations” include traditional religious organizations of all denominations, as well as any organization recognized as a charitable religious organization by the U.S. Internal Revenue Service, including organizations which advocate atheism. This restriction does not apply to any faculty or student organization recognized by the University and which organization has a religious affiliation. These organizations may use any University instructional facility in accordance with the terms and conditions of this Policy. Publicly available facilities may be used by religious groups, including University recognized organizations, subject only to the terms of this policy and any additional restrictions particular to that facility.
7.0 Amplified Sound and Visual Aids. Amplified sound or any visual aids may only be used at any campus facility with prior authorization of the University. Use of these devices is restricted to specific areas. Any use of sound at University facilities during the hours of 8:00 a.m. to 9:00 p.m. on Mondays through Thursdays, and during the hours of 8:00 a.m. to 4:30 p.m. on Fridays must not exceed 80 decibels at a distance of fifty (50) feet from the speaker. Additional decibel limits may be imposed on the use of amplified sound at events outside of these days and times. Any event exceeding any specified sound limit will be first asked to turn the sound down. If the problem persists, the University reserves the right to immediately terminate the event.
8.0 Use of Alcohol.
Publicly Available Facilities: The use of alcohol at publicly available facilities is allowed on a case-by-case basis. Use of alcohol is prohibited at certain publicly available facilities. Individuals or groups who wish to consume alcohol at an event at a publicly available facility must complete and submit a Registration for Events with Alcohol form, Appendix D, and submit it at least 14 days in advance of the requested use. All registrations must be approved by the Authorized Designee, the University Police Department and the Vice President for the area where the event will be held. There may be an additional fee for use of a publicly available facility where alcohol will be consumed. The University Police Department shall determine the appropriate level of security and any additional costs to the University associated with providing security at the event will be the responsibility of the person or group requesting the facility. Instructional Facilities: The use of alcohol at instructional facilities of the University is not allowed except upon the prior approval of the President. Violations of this policy may result in disciplinary action.
9.0 Smoking and Use of Tobacco
No smoking or other use of tobacco products will be permitted in the indoor areas of any University building, facility or vehicle at any time. Smoking is not permitted within fifteen (15) feet of any entrance to a University building or covered walkway. Smoking and use of tobacco products is allowed in the following University areas: (1) those locations where food and/or alcoholic beverages are commercially sold, provided the location has a separate ventilation system installed for the smoking area; (2) hotel rooms; (3) private residences; and (4) private living areas of student residence halls where authorized by the Authorized Designee.
For more information on the Facility Use Policy, contact the Hendrix Student Union at 656.HELP
