Facilities Use Policy

 

Purpose

The purpose of this policy is to provide a uniform basis upon which the University of Tennessee at Chattanooga (“UTC”) can regulate the use of University facilities and/or property. University facilities are intended for official events of the Institution sponsored by student organizations and academic and administrative departments. These events cover a range of sponsorships and, according to the purpose and sponsorship, are 1) assigned a priority in scheduling and 2) charged for services and rental depending on the event. Outside individuals and agencies must be sponsored through a University unit in order to use University facilities when they are available, and these facilities usages will incur a reasonable rental fee and a fee for services. UTC reserves the right to withhold approval of any requested space and/or equipment, establish financial charges for said use, reassign any space, or impose any requirements related to insurance, safety, security, or maintenance. Facilities requests may be made on a space-available basis, as determined by the University and in accordance with event priority. A list of University facilities and property available for reservation is available online at reservations.utc.edu.

In establishing this policy, UTC recognizes the importance to the educational process and environment for persons affiliated with UTC, including officially recognized student organizations and other groups, to have reasonable access to and use of UTC’s educational facilities to hear various views. Simultaneously, UTC 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.

 

Policy

In carrying out its mission, UTC desires to ensure that space is readily available for University activities and functions as well as the functions of its Affiliated Entities.  In certain, more limited circumstances, UTC also desires to allow Non-affiliated Entities to use certain portions of its property and/or facilities.

The conditions outlined in the procedures section, which seek to preserve UTC’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. UTC 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 UTC or UT policy, local, state, or federal law or regulation.

UTC 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 in the procedures section. All fees and costs shall be assessed to all similar uses on a content/viewpoint neutral basis. These fees will include but are not limited to rental fees, set-up fees, security fees, custodial fees, food service fees, building attendant fees, technical attendant fees, production service fees, meeting management service fees, and parking fees.

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.

The UTC Chancellor’s Office 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 Chancellor of UTC subject to UTC and UT policy and state law.

 

Definitions

For the purposes of this policy, potential users and uses of University property are classified in the following general categories, which are defined as below:

 a. Affiliated Entities: A University unit, student, student organization, employee, or volunteer.

b. Non-affiliated Entities: Any person, group, or organization that is not an “Affiliated Entity.”

c. Student: A person admitted, enrolled, or registered for study at the University of Tennessee at Chattanooga, either full-time or part-time, pursuing undergraduate, graduate, or professional studies, as well as non-degree students. Persons not officially registered or enrolled for a particular term but who have a continuing relationship with the University are also considered students for the purposes of this policy.

d. Student Organization: A student organization registered with the University in accordance with University rules.

e. Employee: A University employee, whether faculty or staff, regular, temporary, student, or any other employee classification subsequently established, and whether full-time or part-time.

f. University Unit: Any academic, administrative, or auxiliary department or division of the University or any other official entity of the University functioning through University employees acting within the scope of their University employment.

g. Guest: A non-affiliated person invited by a student, student organization, or employee (in his/her personal capacity) to participate in the use of University-controlled property by the student, student organization, or employee (in his/her personal capacity).

h. Invitee: A non-affiliated person invited by a University unit to participate in the use of University-controlled property as part of the official activities of the University unit in furtherance of the University’s educational mission, or a non-affiliated person with whom the University has a commercial relationship pursuant to a written contract.

i. Chancellor(s): means the Chancellor of the University of Tennessee at Chattanooga, or his/her designees.

j. University: The campuses, centers, and institutes of the University of Tennessee and all their constituent parts, and the University of Tennessee system administration.

k. UTC: The University of Tennessee at Chattanooga and all its constituent parts.

l. 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:

a. Official University Events: Programs that are scheduled or sponsored by faculty, staff, administrative offices, and departments that are planned primarily for members of the UTC community. Affiliated Entities, Guests, Invitees, and Non-Affiliated Entities may attend these programs.

b. Student Events: Programs, activities, and services that are scheduled or sponsored by student clubs or organizations that are officially recognized by the University and planned primarily for members of the campus community. It is recognized that Affiliated Entities, Guests, and Invitees, Non-affiliated Entities, and Students may attend these programs.

m. University Related Events: Match the same criteria as a University Sponsored Event but also include a charge for registration and/or admission.

n. University Co-sponsored Events: Academic programs, conferences, and/or meetings involving two entities: a UTC academic department, administrative unit, college, or student organization and an outside organization such as a professional association in which UTC holds membership or maintains a relationship that directly benefits the UTC community.

o. Non-University/External Events: Programs and activities organized by any Non-affiliated Entity.

p. University-controlled Property or Campus: All land, grounds, structures, and any other property in Tennessee owned, controlled, or operated by the University of Tennessee, the University of Tennessee Chattanooga Foundation, Inc., or the State of Tennessee.

q. Fronting: The act of 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.

r. Responsible Office: The University unit that manages a given property/facility.

Procedures

I. Access to Campus

a. Identification of property/facilities available for use:

i. A list of University facilities and property available for reservation is available online at reservations.utc.edu. Any property/facility not specifically identified as available for use in this listing is specifically unavailable for use other than for normal administrative or educational purposes.

ii. After consultation with the appropriate responsible office, the Chancellor is authorized to make changes to this listing.

b. Access generally reserved for University and Affiliated Entities:

i. The campus, facilities, and property of UTC are restricted to use by UTC, UTC administration for official functions, Affiliated Entities, and invited or sponsored guests of UTC except as specifically provided by this policy or when part or all of UTC campus, buildings, or facilities are open to the general public for a designated time and purpose.

1. Use of property by UTC for UTC functions:

a. When assigning space, UTC functions shall take precedence and have priority over all other proposed uses. The application procedures required by this policy do not apply to use of property and/or facilities by UTC for official institutional, administrative and/or normal educational purposes, including University Academic Activities, Official University Events and other official UTC functions (such as meetings, academic needs, conferences, events). Depending on the type of event and the location where the event will take place, the cost procedures set forth for that event type and location may apply.

b. 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 Entities: Before being allowed to use UTC property and/or facilities, Affiliated 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 shall have priority over all uses by Non-affiliated Entities.

a. Regular membership meetings: Affiliated Individuals and Entities may submit an application to use UTC 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 set forth by the policies and regulations for that specific property and/or facility.

b. Activities involving non-members: Access to or use of campus facilities or property by Affiliated Entities 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 Entities:

i. Use of property by Sponsored Non-affiliated Entities:

1. Non-affiliated Entities must be sponsored by Affiliated Entities in order to use UTC facilities or property.

a. Sponsor’s Responsibilities: In the event that a Non-affiliated Entity or Individual is permitted use of UTC 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 UTC and/or UT 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 UTC 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 for the duration of 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 Chancellor’s Office.

c. Activities of Affiliated Entity that Involve Non-members: Access to or use of campus facilities and/or property by Affiliated Entities 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:

i. 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, UTC and UT policies and rules

ii. The application for such access or use of campus property and/or facilities must clearly set forth the identities of both the Affiliated Entity that is sponsoring/filing the application as well as the Non-affiliated Entity being sponsored.

d. Applicability of Rules and Regulations:

i. All persons on the campus of UTC shall be subject to all rules and regulations of UTC and UT 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 UTC and UT rules, regulations, policies and procedures on traffic and parking. UTC 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 UTC or UT policy, local, state, or federal law or regulation.

e. Repeated/Intermittent Events:

i. 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 year 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.

ii. A listing of all facilities and/or property that are eligible for repeated or intermittent use is available online at reservations.utc.edu.

f. Limited frequency for Non-sponsored/Non-affiliated users:

i. Non-sponsored/Non-affiliated users can reserve space up to four (4) times per year.

g. Identification:

i. All persons on the campus of UTC shall provide adequate identification to appropriate officials and security personnel of UTC upon request. Personnel and students of UTC 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.

 

 II. Application and Permitting Process

a. Deadline for Making Request:

i. All applications must be submitted at least 12 working days in advance of the proposed use. The Responsible Office may approve applications for registration filed at a later time upon determination that the use of the 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 discretion of the Responsible Office. The Responsible Office’s decision is final.

b. Considerations:

i. Any denial of a request to access/use UTC property and/or facilities shall be based solely on factors related to reasonable regulations in light of UTC’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

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 UTC or UT 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 UTC, 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 UTC

12. The activity presents a clear and present danger for physical harm, coercion, intimidation, or other invasion of lawful rights of UTC’s officials, faculty members, or students, the damage or destruction, or seizure and subversion, of UTC’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 UTC or UT

c. University Center Requests:

i. To reserve space inside the University Center, one must complete an Application for Use of Facilities for the University Center and submit it to the University Center Office (UC 226). This Application is available at http://www.utc.edu/university-center/pdfs/uc-facilities-request.pdf or in person in the University Center Office.

d. Fine Arts Center Requests:

i. To reserve space inside the Fine Arts Center, one must contact the center directly at (423) 425-4371.

e. McKenzie Arena Requests:

i. To reserve space inside McKenzie Arena, one must contact the arena directly at (423) 425-4706.

f. Aquatics and Recreation Center, Maclellan Gym, Tennis Courts, Racquet Center, and Recreation Fields Requests:

i. To reserve any of the above mentioned Campus Recreation facilities, one must complete an Application for Use of Facilities for Campus Recreation and submit it to the ARC. This Application is available at http://www.utc.edu/campus-recreation/facilities/rental-rates.php 

g. Patten Chapel Requests:

i. To reserve space inside Patten Chapel, one must contact the Wedding Coordinator at (423) 425-2115 or in person in Room 302 in McKenzie Arena.

h. Danforth Chapel Requests:

i. To reserve space inside Danforth Chapel, one must contact the Wedding Coordinator at (423) 425-2115 or in person in Room 302 in McKenzie Arena.

i. Patten House Requests:

i. To reserve space inside Patten House, one must complete the Patten House Rental Application. This Application is available at http://www.utc.edu/auxiliary-services/patten-house.php.

j. Continuing Education Requests:

i. Inquiries for workshops, seminars, training, and conferences will be referred to Continuing Education. Continuing Education can be contacted by calling (423) 425-4344 or in person in 103 Hooper Hall.

k. Outdoor Space Requests:

i. To reserve any outdoor space on UTC’s campus, an Application for Use of Facilities for Exterior Spaces must be completed and submitted to the Event & Program Specialist in the Chancellor’s Office in Founders Hall, Room 104 or via email to the Event & Program Specialist. This application can be found at www.utc.edu/university-center/pdfs/exterior-space-request.pdf.

 

III. General Conditions for Use of Property or Facilities

a. Users of UTC 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 online at reservations.utc.edu;

b. Users of UTC property and/or facilities shall comply with state and federal law and all UTC and UT regulations, policies, or rules for the conduct of assemblies, meetings and demonstrations;

c. UTC Student Events must comply with all guidelines set forth by the UTC Student 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. UTC may deny the use of its property and/or facilities to any applicant who has an outstanding debt to UTC or has previously violated the terms of its use of UTC property and/or facilities;

f. Sound amplification may be permitted by prior consent. Consent issued shall specify the time, duration, location, and manner for which proposed use of sound amplification device is authorized. Any use thereof which deviates from the permit as to time, duration, location, or manner shall cause the revocation by the University of said permission. It shall be the general policy of the University that the academic programs be given maximum protection from intrusion of sound created outside University structures. While the interpretation of the sound level may be subjective, the University and its representatives must err on the side of caution in order to reasonably protect the University’s operations. Since UTC students reside in an academic community, approval of sound amplification will be granted based on the following criteria:

i. When the time, location, manner, and extent of amplification will not unreasonably interfere with or distract the students, faculty, employees, and guests of the university from their University-scheduled academic programs or business activities.

ii. When the time, location, manner, and extent of amplification will not unreasonably interfere with, distract, or otherwise cause unreasonable congestion of students, faculty, employees, and guest of the University in going to and from University-scheduled academic activities or business affairs.

iii. When the time, location, manner, and extent of amplification will not unreasonably interfere, distract or hamper the University, its faculty, and staff from fulfilling its obligations and missions by providing an educational institution for the benefit and enhancement of all students in attendance.

iv. Volume must be limited so as to cover only the reserved space.

v. Noise levels should not interfere with classes, meetings, campus events or operations and activities in progress.

vi. Event noise heard within building may be determined disruptive and in violation of this policy

vii. Sound reinforcement of live music may not include subwoofers, long-throw speakers, woofers larger than fifteen inches, or heavy percussion, including large drums and heavy bass.

viii. City ordinances may also apply.

Complaints regarding sound amplification devices and interference with the stated guidelines shall be reported to Event & Program Specialist in the Chancellor’s Office for exterior space events and to the Responsible Office Building Manager for interior space events. Any use of sound amplification devices without prior permission may result in removal of sound equipment or device and/or revocation of permission to use approved space;

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 UTC for the event as set forth in Section VI below (entitled “Fees and Costs”), including all costs of repairs, maintenance, or clean-up as a result of the event. This may include a rental fee, depending on the planned function and University affiliation;

i. All groups, organizations and individuals, by applying for registration of an activity and by subsequent use after approval by UTC, agree to indemnify UTC and hold it harmless from any and all liabilities arising out of such use of the property and/or facilities of UTC, including, but not limited to, personal injury, property damage, court costs and attorney’s fees. In addition, in certain situations, 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 UTC and UT rules, regulations, policies and procedures regarding traffic and parking. Vehicle access and movement will be very limited and must be coordinated with Facilities Planning & Management (423-425-4521) at least 24 hours prior to the event or 48 hours prior for weekend events;

k. Set up on hard surface areas will be the preferred location, provided pedestrian movement is not inhibited, including accessible routes. Set up of chairs, tents, awnings, signs, etc. on the lawn must receive prior approval. Request for setup approval must be made when the initial request for the use of the facility/property is made;

l. Prior arrangements must be made with Facilities Planning & Management at the time of the request for approval for the use of the flame monument, power, and lighting;

m. No device or equipment which would in any way mar or penetrate the concrete, pavers, or sidewalks is allowed;

n. No defacing of any paving, pavers, seating, columns, or any surface in the Chamberlain Pavilion area is allowed;

o. No moving of any furnishings, including tables, chairs, benches, or planters, is allowed;

p. No climbing on tables, chairs, light posts, trash cans, columns, planters, or trees is allowed;

q. Debris/litter must be cleaned up immediately following the event for which the area was used, including emptying of trash cans into dumpsters if they are overflowing. Any costs incurred by the university for clean-up that is not completed will be the responsibility of the user of the facilities and/or property and/or their sponsor(s);

r. Event set up and use cannot impede pedestrian traffic and public use of adjacent areas;

s. No hanging or affixing decorations, fliers, signs, or ropes/cables from lamp posts, columns, trees, or other site improvements is allowed. Facilities Planning & Management will make arrangements to allow for these types of temporary installations in designated locations if approved by the Facility/Venue Manager;

t. No grills or open flame food preparation or warming is allowed unless provided by University Food Service Contractor. Location of food service operations must receive prior approval;

u. University official, approved attendant, or organization representative must be in attendance throughout the event;

v. East – West 14ft. fire lane must be maintained at Heritage Plaza with any exceptions pre-approved by Safety & Risk Management;

w. The hours in which facilities are generally available are listed online at reservations.utc.edu. The hours of use may vary during holidays, final exam weeks, “week of welcome” dates and the summer semesters. Access to or use of campus facilities shall not be permitted overnight unless specifically approved by the responsible office;

x. All persons on UTC’s campus in conjunction with an approved application for use/access shall provide adequate identification upon request to appropriate officials and security personnel of UTC. 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;

y. Fronting is prohibited. Anyone wanting to schedule UTC property must follow the instructions and guidelines as outlined by this Facilities Use policy;

z. All persons shall be subject to all UTC, Tennessee Department of Environment and Conservation and Environmental Protection Agency rules and regulations related to environmental protection, including illicit spills covered by UTC’s MS4 stormwater permit. Questions related to these rules and regulations can be directed to UTC’s Office of Safety and Risk Management.

 

IV. Fees and Costs

a. Fee Definitions and Amounts: The following fees, which are defined below, may be assessed to users of UTC property and/or facilities.

i. 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, Production Services, and Meeting Management Services.

ii. Facility Use Fee: Is a room rental fee (i.e., common maintenance or rental rate).

b. Events subject to fee assessment: Not all events/activities occurring on UTC property will be subject to a fee. Fees will be assessed in accordance with the following:

i. Additional Services: In addition, users who require additional services shall use services provided by UTC 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, Public Safety, 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.

ii. Food Service: Any foods and beverages served at any programs or activities at UTC must be coordinated through Dining Services. No outside food or beverage is permitted.

c. Payment of Fees: Unless stated otherwise in the facility usage terms that are agreed upon, the following shall apply to all fee payments under this policy.

i. University Sponsored, Related, and Co-sponsored events: The UTC department/organization sponsoring the event/activity will accept responsibility for all applicable fees.

 

V. Particular Uses

a. Distribution of Literature or Advertising Material:

i. Any proposed distribution of literature or advertising material by an Affiliated or Non-affiliated Entity 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.

ii. Restrictions on Distribution:

1. 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 UTC and UT

2. No obscene literature or material, as defined by law, shall be distributed on any property owned or used by UTC

3. Campus property and/or facilities may not be used by any Non-Affiliated Entity/ for the conduct of profit-making activities except when engaged in a business relationship, pursuant to a contract, with UTC and/or when a rental or lease agreement is in place specifically for such temporary purpose

4. No literature, advertising material or other printed matter shall be distributed in the following locations:

a. Classrooms, library, or other academic building or facilities

b. Administrative and employee offices and work areas

c. Student residence halls

d. By placing it on vehicles parked on the UTC campus

e. By placing it on utility poles, trees, walls, buildings, glass doors, windows, 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.

iii. Upon approval of an application to use UTC property and/or facilities, UTC will permit the sale or distribution of literature, non-commercial solicitations, advertising, books, or approved merchandise 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.

iv. UTC 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.

v. 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.

b. Solicitations:

Unless otherwise provided, solicitation for the purpose of entering or consummating a commercial transaction on any property owned or used by UTC is prohibited. Solicitation for other than a commercial purpose is prohibited unless expressly provided for by UTC policy or approved by the Chancellor.

i. General Requirements:

1. UTC may require any group, organization, or individual to verify the use, application, or disposition of funds solicited on campus property.

2. Solicitations shall be permitted only in those areas designated as such by the University.

ii. Permitted Activities: Subject to the application and approval process set forth above, the following solicitations are permitted on UTC’s property and/or facilities:

1. Fundraising by Affiliated Entities: Activities or events engaged in by Affiliated Entities 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 UTC Student Handbook.

2. Solicitation of Membership by Affiliated 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 UTC Student Handbook.

3. Distribution of Literature by Non-affiliated 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).

4. Sales and Solicitation by Non-affiliated Entity: UTC property and/or facilities may not be used by any Non-affiliated Entity 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 UTC; (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 UTC.

Agreements between non-affiliated vendors sponsored by UTC, or a registered student organization to engage in commercial solicitations, on-site sales, or other profit-making activities are subject to the following conditions:

a. No student organization will be permitted to sponsor the same non-affiliated vendor more than two days per month.

b. Requests from student organizations to sponsor a non-affiliated vendor must be approved by the Dean of Students Office.

c. 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 UTC’s operation, or would detract from the orderly and aesthetic appearance of the campus.

d. Non-affiliated vendors sponsored by UTC 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.

e. 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.

c. Advertising:

i. No advertising signs, posters, or other material may be placed on any campus property or facility by any Non-affiliated Entity, except that UTC may permit advertising on specifically designated bulletin boards, digital signage, and other designated locations on campus. Affiliated Entities may place advertising materials on campus property but only in such places as are designated by UTC.

ii. UTC may authorize the inclusion of advertisements in appropriate campus publications or on other campus property (i.e., scoreboards, busses, etc.) for a reasonable fee.

iii. UTC may permit limited advertising by groups, organizations or individuals when incidental to a donation of property or services to UTC or pursuant to a contract with UTC.

d. Banners:

Except as specified below, banners or other large printed materials may not be placed or hung on any UTC property or structure unless prior approval is granted to do so.

i. University Center:

a. In order to reserve banner space in the University Center, a University Center Banner Request must be completed and submitted to the University Center Office. This form can be found at http://www.utc.edu/university-center/pdfs/banner-request.pdf. The guidelines for banners in the University Center can be found at http://www.utc.edu/university-center/pdfs/banner-guidelines.pdf and at http://www.utc.edu/university-center/pdfs/banner-making-guidelines.pdf.

e. Speakers:

i. 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 sessions or meeting will be limited to members of the class or Affiliated Entity

2. No fee or compensation from state funds will be paid to the speaker

 VI. Events Involving Unaccompanied Minors

a. Additional requirements shall apply to uses of the UTC 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). These requirements and specific policies can be found at http://www.utc.edu/safety-risk-management/minors-on-campus.php.

 

VII. Cancellation

a. If the sponsor of an event wishes to cancel the event, the sponsor must give 48 hours’ notice of the cancellation. Otherwise, the sponsor may still be responsible for all costs and fees associated with the event.

b. The University reserves the right to cancel an event in the case of inclement weather, natural disasters, emergency situations, war or threat of terrorism, inability to provide approved services for reasons outside the University's reasonable control, as the result of University priorities as defined in this policy, or if fees are not paid according to deadlines identified by the Facility Use Policy and Procedures, in the events agreement, or in the Conference Services Contract. The University also reserves the right to cancel an event if those responsible for it do not comply with relevant University policies and procedures, the directions of University officials including Campus Safety Officers, or if University officials cannot ensure the safety of students, faculty, staff members, and/or visitors in relation to an event.  These cancellation criteria are evaluated at the sole discretion of University officials and may be applied without prior written or verbal notice to any event, including an event that is in progress.

c. Every reasonable effort will be made to provide facilities and services as approved through the facility use request process. However, circumstances may create the need for the University to reschedule or cancel an approved event with or without prior verbal or written notice, and at the sole discretion and judgment of University officials. Circumstances which might require event cancellation include but are not limited to inclement weather, natural disasters, emergency situations, war or threat of terrorism, inability to provide approved services for reasons outside the University's reasonable control, or as the result of University priorities as defined in this policy. The Responsible Office will make every reasonable effort to notify affected parties in as timely a fashion as is practically possible under the circumstances existing at the time of the decision. The Responsible Office will make every reasonable effort to find an alternative location, or to reschedule a previously scheduled event into the same location on an alternative date.

d. As a condition of scheduling approved events, parties accept the possibility that their activity could be rescheduled with little or no notice, and agree that the University will not bear financial or other responsibilities due to this policy.