5.06—Reserved Use of Designated University Outside Grounds

Effective: 04/13/2015
Senate Proposal: No
Responsible University Officer: General Counsel
Responsible Office: Student Leadership and Involvement Office and Department of Public Safety and Police Services

Policy Statement

Michigan Technological University promotes freedom of speech, freedom of inquiry,  freedom of dissent and freedom to speak, organize and communicate  in a peaceful manner without University pre-approval, control or supervision except as provided below.  Any use of University outside grounds by affiliated and/or non-affiliated groups and persons must not substantially interfere with normal University activities at the site and must be in conformity with the requirements indicated below and applicable law.

Exclusions

No prior registration or approval is required for individuals or groups who intend to speak on campus grounds generally open to the public who:

• Require no amplification, specific equipment or setup needs; and
• Will not unreasonably block or interfere with the normal flow of pedestrian or other traffic at the location; and
• Will not create a safety hazard to other persons or damage to property of the University or third parties; and
• Will not unreasonably interfere by noise or activity level with other scheduled or normal University activities (including but not limited to classes, laboratory or office activities)  at or reasonably near the location; and
• Will not create litter as a direct result of the distribution of  written  non-commercial promotional material; and
• Will not involve food/drink distribution or sales or commercial promotion or advertising.

Notwithstanding the absence of any need for space reservation or prior approval if all of the above exclusion criteria are satisfied, all other Board of Trustees Policies (including 7.7, 12.2, and 12.3) must still be complied with by all users. 

Areas and Uses Where Prior Reservation and Approval is Required

The University will make various outside grounds available for reserved use by groups and individuals desiring to conduct other than the excluded activities listed above in a manner that is consistent with its educational mission and related research, service, and outreach activities.  The University will cooperate with all applicants (groups or individuals) who desire to conduct other than the excluded activities listed above to attempt to find a suitable outside location for their activity/event on campus subject to considerations of public safety, suitability of the site for the needs of the event and the absence of an unreasonable prevention or disruption of the customary University uses and activities at the location by the requested activity.

Approval through this reservation process is required for all non-excluded (see Exclusions above) events/space requests that involve  the following:

• Vehicles on sidewalks or other campus grounds other than traveling normally on roadways usually used for vehicular travel or legally parked in designated parking lots.
• Sandwich boards / signs / banners left unattended on sidewalks or public ways or being carried thereon by more than one person and which interfere with the normal flow of pedestrian or other traffic at or near the location.
• Musical instruments and/or sound amplification equipment that carries further than normal speech and discourse so as to interfere with normal activities (including but not limited to classes, laboratories or office activities) at nearby locations or in nearby buildings.
• Any individual or group of individuals requesting to distribute or distributing or displaying  non-commercial promotional material, or congregating at the same location, in a manner which could be reasonably expected to or does interfere with the normal flow of pedestrian or other traffic or regularly scheduled University activities at the location or will create litter as a direct result of the distribution of written promotional material.
• Any food/drink distribution or sales.
• Tables, tents, chairs, or any other setup requiring equipment/furniture.

Persons or groups intending to engage in the above non excluded activities must receive confirmation of approval – reservation from the Student Leadership and Involvement Office or the Department of Public Safety and Police Services prior to conducting any such activity. 

Approval for such reserved use of University  outside grounds must  be obtained by University affiliated persons or groups through the Student Leadership and Involvement Office;  or by non-affiliated persons or groups through the Department of Public Safety and Police Services.

In no event will subject matter or speech content be a factor in the granting or denial of a reservation or the evaluation or applicability of the above exclusions  unless the subject matter or manner of  discourse is illegal under federal or state law, including committing, advocating, threatening or urging violence, physical harm, damage  or injury to persons or property or trespassing, or threatens an unreasonable prevention of or disruption of the customary and lawful functions of the University by force,  threat of force or intentional level of activity. 

Any student organization or student violating the provisions of this policy and procedure, or failing to comply with University rules and regulations, is subject to action through the Office of Academic and Community Conduct.  The University also reserves the right to take appropriate action for violation University Policy, or local, state, or federal law.

The Department of Public Safety and Police Services reserves the right to ticket, escort persons off-campus, and/or ban individuals or groups for violating the provisions of this policy and procedure.

Reason for the Policy

This policy supports Board of Trustees Policy 7.7 Outside Public Speakers, Board of Trustees Policy 12.2 Building and Property Rules and Regulations, items 3.a and 5, and Board of Trustees Policy 12.3 Prohibiting Disruption of University Activities.

Related Policy Information

The sponsoring organizations must make full arrangements in advance for required reservation of space using a form provided for this purpose. The form must be completed in full and submitted at least five business days prior to the proposed reservation date. Exceptions to the five business day advance reservation requirement may be made by the Student Affairs office or Department of Public Safety upon request if special circumstances require an earlier approval so as to not curtail the effectiveness of the requested activity by the five day period.

Non-commercial advertising or promotion of events is permitted only on designated bulletin boards, as permitted by, or in other locations as authorized by the manager of the building in which the advertising occurs.

Student organizations registered with the Vice President for Student Affairs and Advancement may also sell tickets or conduct limited sales of goods, promotions, solicitations, and use grounds to the extent authorized in writing by the manager of the building or grounds in or on which the activity occurs.

All events on campus which include food or beverages must comply with University Policy 2.1008 – University Food Policy.

Contacts

Definitions

Reserved use areas – Areas determined by the University where  the requested uses do not impede the holding of classes, the carry-forward of University business, the arrangements for properly organized and scheduled events on campus, the reasonable movement of vehicular or pedestrian traffic or the discharge of responsibility by any University office or employee.

 Affiliated Persons or Groups – Persons or groups that are members of the University community, such as students, registered student organizations, campus departments, and/or faculty or staff. 

Non-Affiliated Persons or Groups – The general public and/or persons or groups not affiliated with the University. 

Responsibilities

Affiliated Persons or Groups – At least five business days prior to the date of the proposed reserved grounds use, the affiliated persons or group will submit an outside grounds use request to the Student Leadership and Involvement Office.  Upon receiving approval from the Student Leadership and Involvement Office, the affiliated persons or group may proceed with their plans.  Upon receiving denial of the request, the affiliated group may meet with the Student Leadership and Involvement Office to review the request and/or propose changes in order for it to be approved. 

Non-Affiliated Persons or Groups – At least five business days prior to the date of the proposed grounds use, the non-affiliated persons or group will submit an outside grounds use request to Public Safety and Police Services.  Upon receiving approval from Public Safety and Police Services, the affiliated persons or group may proceed with their plans.  Upon receiving denial of the request, the affiliated group may meet with Public Safety and Police Services to review the request and/or propose changes in order for it to be approved. 

Public Safety and Police Services – Receives an outside grounds use request form, reviews the request, and within two business days of receiving the request will respond to the persons or group submitting and inform them of the decision. 

Student Leadership and Involvement – Receives an outside grounds use request form, reviews the request, and within two business days of receiving the request will respond to the persons or group submitting and inform them of the decision. 

Procedures

In support of this policy, the following procedures are included:

Please note these procedures do not apply to individuals or small groups as noted in the Exclusions section of this policy.

Forms

In support of this policy, the following forms/instructions are included:

Adoption Date

Revisions