POL 07.25.01 - Facilities Use Policy
About this Policy
- Authority:
- Board of Trustees
- Responsible Office:
- Office of Student Affairs
- Date Established:
- 01-01-2009
- Last Revised:
- 11-10-2023
1. PURPOSE
1.1 This policy is to govern the use of facilities and signage at The University of North Carolina at Pembroke (UNCP) campus or those facilities or signage under the operating authority of the university. The purpose is to identify categories of groups to be considered for facilities and signage usage, set priorities for facilities and signage usage, define scheduling procedures, and establish charges associated with event management and facility and signage usage. Activities shall in no way violate the purposes, property, policies, procedures, or regulations of the university or federal and state laws. All organizations are expected to follow the rules and regulations governing the particular facility or grounds being used.
2. SCOPE
2.1 This policy applies to all groups and individuals. This policy imposes limits on the use of university facilities and signage so that these facilities can fulfill their primary mission to serve the university in the areas of teaching, research, and extension.
2.2 The Board of Trustees has delegated to the chancellor the authority to appoint all facility use fees as described herein and as listed in Appendices 1 and 2.
3. DEFINITIONS
3.1 Unaffiliated Group: Group that is legally separate from the university, even though some of the members or participants may be university personnel, alumni, or students. An Unaffiliated Group may be an individual.
3.2 Affiliated Group: Any group established by the chancellor or established by virtue of an explicit delegation of the chancellor's authority to a particular administrator, faculty member, staff member, or to the student body, the faculty, or the staff. These include officially recognized student organizations, departments, divisions, programs, committees, and association.
3.3 Sponsored Unaffiliated Group: An Unaffiliated Group sponsored by an Affiliated Group. A Sponsored Unaffiliated Group shall enjoy the rights and obligations of an Affiliated Group under this policy except with respect to rates charged for the use of university facilities and any additional set-up fees or labor costs. For the purposes of this policy, an Affiliated Group is considered to “sponsor” an Unaffiliated Group only if the following conditions are met:
3.3.1 The Affiliated Group, and not merely a member of an Affiliated Group, determines to invite the Unaffiliated Group to use the facilities for purposes:
3.3.1.1. consistent with the mission of the university; and
3.3.1.2. consistent with the goals and objectives of the Affiliated Group.
3.3.2 The Affiliated Group has substantial participation in and responsibility, including financial responsibility, for planning and executing the planned event or activity, and is not merely lending its endorsement to the Unaffiliated Group. (See item 3.7)
3.4. Political Campaign Activities: Endorsed speaker(s) of an officially registered or nationally recognized local, state, or national candidate, political campaign, or political organization associated with public office voted on by the general public.
3.5 University Facility: Any outdoor space, building, or structure that is owned by the university or operated under university authority.
3.6 University Signage: All university-managed electronic and traditional signage on campus, including marquees, banners and movable signage.
3.7 “Fronting”: Affiliated Groups may not reserve any facility on behalf of or for the use of an Unaffiliated Group. This conduct constitutes “fronting” and is prohibited. The facility manager may deny or rescind permission to use that facility if it is determined that the use is not primarily for the benefit of the Affiliated Group making the reservation. The facility manager may apply the appropriate rate for use of the facility if it is determined that fronting has occurred. The university shall not be held 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.
4. TERMS AND CONDITIONS FOR THE USE OF UNIVERSITY FACILITIES AND SIGNAGE
4.1 Applications for facility use must be submitted at least sixty (60) days prior to the date of requested use and not more than ninety (90) days in advance. The Division of Student Affairs Facility Reservation System (FRS) administrator will confirm that the reserving group meets all required criteria for facility usage and consult with the facility manager to confirm availability of the facility. The vice chancellor for student affairs has final approval of all facility requests.
4.2 Any group requesting use of facilities shall be responsible for all expenses related to the activity.
4.3 Requests for signage use must be made seven (7) days in advance of requested post date. Requests should be done through the electronic request form located at uncp.edu/ucm.
4.4 All Unaffiliated Groups, using university facilities shall provide a Certificate of General Liability Insurance listing the university as an “additional insured.”
4.4.1. Any exceptions must be approved by the university's general counsel.
4.4.2. Coverage will not be less than:
4.4.2.1. One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) aggregate; and,
4.4.2.2. $500,000 property damage each occurrence; and,
4.4.2.3. Worker's compensation insurance, where required by North Carolina law; and,
4.4.2.4. Such insurance as required by federal, state or local laws, codes or regulations.
4.4.3. All agreements with Unaffiliated Groups will include a section requiring that the university be indemnified and held harmless from all liability, loss, damage, costs, and all other claims for expenses asserted against the university that may arise during or resulting from approved use.
4.5 Considerations of application for facility and/or signage use are restricted to one of the following categories:
4.5.1. groups involved in academic programs and/or programs promoting the understanding of the arts and sciences and/or economic development;
4.5.2. local, state, and federal governmental agencies;
4.5.3. organizations established by and/or financially supported by governmental entities;
4.5.4. private organizations providing programs that are consistent with the educational, research, and public service missions of the university and that are co-sponsored by the university;
4.5.5. nonprofit organizations whose purpose is of an educational charitable nature. A letter of exemption from the IRS with an employer identification number must be attached to the application when submitted; and,
4.5.6. officially registered or nationally recognized local, state, and national candidates, political campaigns, or political organizations associated with public offices voted on by the general public only if the following conditions are met:
4.5.6.1. they are sponsored by registered Affiliated student organization(s) to conduct Political Campaign Activities;
4.5.6.2. all expenses related to the activity, if any, are borne by the candidate, political campaign, political organization, or student organization; and
4.5.6.3. limited to locations in specified in 4.23 below.
4.6 Under no circumstances will university facilities or signage be used for personal gain or commercial use.
4.7 University programs will take precedence and no groups program or signage request will conflict with any campus function.
4.7.1 No signs or banners may be hung, attached or taped to, affixed to or suspending from any building or building exteriors unless the item is placed pursuant to a University program or business and has prior approval.
4.8 The rights to all concessions are reserved by the university and the group or individual will not be permitted to sell any soft drinks, confections, tobacco, or food for consumption on the premises. If souvenirs, records, programs, etc. are sold, the reserving group must obtain permission in writing from the university and the university will receive 15% of all gross sales.
4.9 any group who plan to include vendors as part of the event must receive written permission to do so and must provide a list of participating vendors at least ten (10) days prior to the event.
4.10 The chancellor, vice chancellor for student affairs, vice chancellor for finance and administration, facilities manager, or other delegated university official(s) shall have free access at all times to all space occupied by the reserving group.
4.11 The reserving group shall not sell more tickets or seat more spectators than provided by the facility. (Appendix 1)
4.12 All equipment, materials, props, etc., brought to the facility shall be removed immediately after the program unless prior arrangement has been made in writing. All above equipment, etc., not removed at the scheduled time will be removed by employees of UNCP at the expense of the reserving group.
4.13 The university reserves the right to deny use of its facilities and/ or signage to any applicant when in the judgment of a university official such use is not in the best interest of the university.
4.14 The individual representing the organization or group whose signature appears on the contract must be present for the entire event(s) and is financially liable for all costs associated with the signed contract.
4.15 Each facility may have additional requirements, terms, conditions, and specific costs associated with the use of those facilities.
4.16 Unaffiliated Groups may not use university phone numbers as a contact number for any event without expressed written authorization from The University of North Carolina at Pembroke.
4.17 Unaffiliated Groups requiring audio/visual equipment must contact the UNCP Division of Information Technology (DoIT) to make appropriate arrangements for the use of such equipment. Charges may be assessed for rental of equipment as well as labor costs for the set-up and break-down of equipment. A damage deposit may be required.
4.18 Unaffiliated Groups may not appropriate or make use of the university's name or any of the university's trade or service marks or property in violation of copyright laws in their advertising materials. Use of such material must be requested and prior written authorization must be given before any use of such material regardless of the mode of transmission.
4.19 All university visitors must abide by the rules, regulations, and policies of the university as well as all federal, state, and local laws.
4.20 The use of alcohol is prohibited.
4.21 Sodexo Dining Services, as per university contract, has the exclusive privilege of first right of refusal to perform food service on or from the premises of UNCP. Therefore, if food items are to be served at an event, Sodexo must be asked to cater it. Sodexo requires fourteen (14) days' notice for planning and preparation. Should a client receive written documentation from Sodexo that states they cannot cater the event, external caterers may be allowed.
4.22 The university will post approved information to signage as it is submitted in the electronic request form and is not responsible for errors resulting from inaccurate submission.
4.23 If special parking needs or requests are indicated, please contact university police at 910-521-6235.
4.24 The following facilities may be used for Political Campaign Activities, per 4.4.6. above, on the University campus: Givens Performing Arts Center, University Center Annex, Jones Athletic Center and Moore Hall.
4.25 The University logo and/or any other registered trademarks shall not be used in association with any Political Campaign Activities including but not limited to political campaign literature.
4.26 The University does not endorse any political party, candidate or ideological position.
4.27 No items determined to be a health or safety risk will be permitted in reservable spaces, including but not limited to open fires/flames, water pools, or other items determined by the university in its sole discretion to be a health or safety risk.
4.28 Where an outdoor event is planned to exceed 50 people OR was not initially expected to have more than 50 people, but evolves to exceed 50 people, the responsible sponsor(s), as applicable, shall make reasonable efforts to inform Campus Police (910-521-6235) of the activity with as much lead time as possible under the circumstances.
5. PROCEDURES FOR FACILITY USE
5.1 Applications for the use of any university facility must be made through the Facilities Reservation System (FRS) and approved by the FRS Administrator in consultation with the appropriate facilities manager (Appendix 1). The FRS Administrator must review all requests and supporting documents for all new and existing reserving groups.
5.2 FRS can be accessed as follows:
5.2.1. create an account on UNCP's online reservation site;
5.2.2. click on ‘Create An Account' and complete the User Information section;
5.2.3. once the account request has been submitted, the FRS administrator will review and approve account;
5.2.4. once the account has been approved, the requestor will have FRS access to submit facility requests to the FRS Administrator, and, if deemed necessary, to the vice chancellor for student affairs and/or university counsel for final review and approval; and
5.2.5. the requestor will be notified by the Facility Manager of the status of the request within three (3) business days.
6. PROCEDURES FOR SIGNAGE USE
6.1 Requests for use of university signage should be made no less than seven (7) days prior to the requested posting date. It is strongly encouraged that requests be made well in advance to ensure space availability.
6.2 Signage use will be granted on a first-come, first-serve, space-available basis. As such, no request can be guaranteed to run during or at a particular time. Requests should be made using the appropriate internal or external form.
6.2.1 External groups should request posting through the External Signage Use Form.
6.2.2 Internal groups should request posting through the Internal Signage Use Form.
6.3 Approved requests will be posted as received. The university may proceed to posting without providing confirmation of receipt.
6.4 Approved requests will be allowed for a maximum of seven (7) days.
6.5 Marketing materials that mention UNCP or the campus location should not be shared publicly until the UNCP space reservation has been confirmed.
6.6 Marketing material should list the sponsoring group(s) in such a way as to clearly demonstrate they are hosting the event “at UNCP” and that UNCP is not the sponsor. Any student groups should have their materials reviewed and approved by the organizations registered Faculty/Staff Advisor.
7. USAGE FEES
7.1 The actual cost of use by an Unaffiliated Group must be borne by that group or individual rather than paid by student fees or other university (state) funds. Rental fees will be charged to Unaffiliated Groups or individuals to cover the direct as well as indirect costs of operating the facilities and services supporting the rental activity.
7.2 Specific costs for space, equipment rental, and other costs associated with facilities use can be provided by the appropriate facility manager.
7.3 All events must be staffed with appropriate security. All necessary UNCP security costs will be assumed by the Unaffiliated Group. Charges for security varies dependent upon number of officers required for event coverage. The facilities manager must consult with UNCP Police and Public Safety to determine the security requirements of the event. Security will be assigned based on maximum capacity of the facility (indoor and/or outdoor) and high risk. The requestor is required to meet with UNCP Police and Public Safety Department to arrange security coverage before facility requests will be approved. Charges will be assessed accordingly.
7.4 With the exception of the Givens Performing Arts Center, which requires a nonrefundable facility use deposit of 50% or more of the total estimated charges, all facilities are subject to payment in full ten (10) days prior to the event according to the schedule of fees for each facility (Appendix 1). Fees are subject to change without notice.
7.5 At the discretion of the facility manager, a damage deposit and/or breakage deposit may also be required before the facility is used.
7.6 Cancellation fees may apply if the request is not canceled within 48 hours. Cancellation fees can be provided by the appropriate facility manager.
7.7 The facility manager is responsible for preparing a usage invoice to include rental, setup, personnel, security, and audio-visual fees.
7.8 Items left after an event will be stored by the university at a daily rate of $100.
7.9 Some campus signage requests may be included with requested use of facilities. Additional requests or extended postings may incur added costs and will be detailed in the facility use agreement.
8. EVENT SETUP FEES
8.1 Event setup fees pertain to all external requests for university setups for events or activities that require specific manpower/assistance from the Facilities Operations Department.
8.2 All requests for event support should be made through the Facilities Reservation System and requires the approval of the appropriate facility manager and vice chancellor for student affairs or university counsel.
8.3 Requests for services should be received in the Facilities Operations Department office a minimum of one week prior to the event.
8.4 All information must be completed through FRS.
8.5 External setup fees will be charged to cover Facilities Operations' labor cost.
8.6 Events requiring services outside the normal 8:00 a.m. – 5:00 p.m. Monday-Friday time period will be charged 1.5 times the basic rate.
8.7 Facilities Operations has established rate fees and will assume the responsibility for labor inefficiencies associated with event setups. (Appendix 2)
8.8 Exceptions to this include: actual trade labor hours will be charged for events requiring monitoring services during an event such as electrical support for sound systems or housekeeping services.
8.9 A $50 minimum will be charged for each setup.
8.10 All payments are to be deposited into 180860-14190.
8.11 Affiliated groups will not generally be charged for use of the Annex or Chavis Center spaces but may be charged for additional set up changes or for outdoor set ups.
9. HOLIDAYS
9.1 Increased rates for holiday rentals will apply for any facility usage during holidays. Rates are available from the facility managers. (Appendix 3)
9.2 All holidays falling on a Monday or Friday will include Saturday and Sunday as part of that holiday. Example: If Independence Day (July 4th) falls on a Monday, the Saturday and Sunday prior to Independence Day will be considered part of the holiday weekend and pricing for facilities and staff will be billed at the holiday rate.
Related Policies:
- UNC Policy Manual 300.5.1 – Political Activities of Employees
- Guidelines Concerning Use Of University Of North Carolina Resources For Political Campaign Activities
- UNC Policy Manual 1300.8 – Free Speech and Free Expression Within the University of North Carolina
- POL 04.05.01 - Free Speech Event Policy
- POL 03.00.02 - Alcohol Use at University Events
Additional References:
- Facilities Reservations System
- UCM External Signage Use Form
- UCM Internal Signage Use Form
- North Carolina General Statute, § 126-13
- North Carolina General Statute §14-132 - Disorderly conduct in and injuries to public buildings and facilities
- North Carolina General Statute §116-300
- North Carolina General Statute §66-58 – Sale of merchandise or services by governmental units (Umstead Act)
- Appendix 1 - Facilities, Facility Manager, Capacity, and Rental Cost
- Appendix 2 - Facilities Setup Fees
- Appendix 3 - Facilities Holiday Schedule