GD(LOCAL) - COMMUNITY EXPRESSION AND USE OF COLLEGE FACILITIES

Note: For expression and use of College District facilities and distribution of literature by students and registered student organizations, see FLA. For expression and use of College District facilities by employees and employee organizations, see DGC. For use of the College District's internal mail system, see CHE.

Use of College District Facilities

The buildings, facilities, and grounds (other than common outdoor areas) are not traditional public forums open for assembly or speech and are intended primarily for educational instruction and for programs of the College District. The grounds and facilities of the College District shall be made available to members of the College District community and community organizations, including College District support organizations, when such use is for educational, recreational, civic, or social activities and the use does not conflict with use by, or any of the policies and procedures of, the College District.

Requests

To request permission to meet in College District facilities, interested community members or organizations shall submit an online request in accordance with administrative procedures.

The community members or organization making the request shall indicate that they have read and understand the policies and rules governing use of College District facilities and that they will abide by those rules.

Approval

Requests for community use of College District facilities shall be considered on a first-come, first-served basis. Requests recorded on the same day shall be prioritized by giving preference to College District programs, functions, employees, students, and student organizations, and then to those activities sponsored by other governmental entities or nonprofit organizations that are open to the public.

The request shall be approved or rejected in accordance with provisions of and deadlines set out in this policy and administrative procedures, without regard to the religious, political, philosophical, ideological, academic viewpoint, or other content of the speech likely to be associated with the community members' or organization's use of the facility.

Approval shall not be granted when the official has reasonable grounds to believe that:

  1. The College District facility requested is unavailable, inadequate, or inappropriate to accommodate the proposed use at the time requested;
  2. The applicant is subject to a sanction [see Violations of Policy, below] prohibiting the use of the facility;
  3. The proposed use would constitute an immediate and actual danger to the peace or security of the College District that available law enforcement officials could not control with reasonable efforts;
  4. The applicant owes a monetary debt to the College District and the debt is considered delinquent;
  5. The proposed activity would disrupt or disturb the regular academic program;
  6. The proposed use would result in damage to or defacement of property or the applicant has previously damaged College District property;
  7. The application is not complete or contains false information; or
  8. The proposed use would obstruct or restrain passage into or out of buildings.

Common Outdoor Area Exception

Common outdoor areas are traditional public forums and are not subject to the approval procedures. Community members and organizations may engage in expressive activities in common outdoor areas, unless:

  1. The person's conduct is unlawful;
  2. The use would constitute an immediate and actual danger to the peace or security of the College District that available law enforcement officials could not control with reasonable efforts;
  3. The use would materially or substantially disrupt or disturb the regular academic program;
  4. The use would result in damage to or defacement of property; or
  5. The speaker uses amplified sound that disrupts College District business, classes, meetings, or other functions.

For-Profit Use

The College District shall not permit individuals or for-profit organizations to use its facilities for financial gain; however, the College District shall permit private academic instruction, as well as public performances or presentations so long as no admission fee is charged, when these activities do not conflict with College District use or with this policy.

Nonprofit Use

The College District shall permit nonprofit organizations to conduct fundraising events on College District property when these activities do not conflict with College District use or with this policy.

Campaign-Related Use

Except to the extent a College District facility is used as an official polling place, College District facilities shall not be available for use by individuals or groups for political advertising, campaign communications, or electioneering, as those terms are used in state law.

No Approval Required

No approval shall be required for nonschool-related recreational use of the College District's unlocked, outdoor recreational facilities, such as the track, tennis courts, and the like, when the facilities are not in use by the College District or for another scheduled purpose.

Written Notice if Request Rejected

The applicant shall be provided a written statement via email of the grounds for rejection if a request is denied.

Emergency Use

In case of emergencies or disasters, the vice president for operations, chief operations officer may authorize the use of College District facilities by civil defense, health, or emergency service authorities.

Repeated Use

The College District shall permit repeated use by any community member or organization in accordance with administrative procedures.

Exception

Any limitations on repeated use by a community member or organization shall not apply to any group or organization when the primary participants in the activities are College District students, faculty, or staff.

Scheduling

Academic and extracurricular activities sponsored by the College District shall always have priority when any use is scheduled. The College District shall have authority to cancel a scheduled use by a community member or organization if an unexpected conflict arises with a College District activity.

Use Agreement for Facilities

Any community member or organization approved for a nonschool use of College District facilities shall be required to complete a written agreement indicating receipt and understanding of this policy and compliance with all College District policies and any applicable administrative regulations, and acknowledging that the College District is not liable for any personal injury or damages to personal property related to the nonschool use.

Fees for Use

A community member or organization authorized to use College District facilities shall be charged a fee for the use of designated facilities.

The Board shall establish and publish a schedule of fees based on the cost of the physical operation of the facilities, as well as any applicable personnel costs for supervision, custodial services, food services, security, insurance costs, and technology services. The charges shall be paid directly to the College District at least three business days before the event/use of the facility.

Exception

Fees shall not be charged when College District buildings are used for public meetings sponsored by state or local governmental agencies.

Required Conduct

Community members and organizations using College District facilities shall:

  1. Conduct business in an orderly manner;
  2. Provide identification when requested to do so by a College District representative;
  3. Abide by all laws, policies, and procedures, including, but not limited to, those prohibiting the use, sale, or possession of alcoholic beverages, illegal drugs, and firearms, and the use of tobacco products or e-cigarettes on College District property; [See CHF and GDA]
  4. Make no alteration, temporary or permanent, to College District property without prior written consent from the vice president for operations, chief operations officer; and
  5. Be responsible for the cost of repairing any damages incurred during use and shall be required to indemnify the College District for the cost of any such repairs.

Further, community members and organizations using College District facilities shall not:

  1. Disrupt College District activities;
  2. Interfere with or obstruct passage of persons in an exit or entrance from a building; or
  3. Threaten or endanger the safety of any person on the College District premises.

Distribution of Literature

Written or printed materials, handbills, photographs, pictures, films, tapes, or other visual or auditory materials not sponsored by the College District shall not be sold, circulated, distributed, or posted on any College District premises by any community member or organization, including a College District support organization except in accordance with this policy.

The College District shall not be responsible for, nor shall the College District endorse, the contents of any materials distributed by a community member or organization.

Limitations on Content

Materials shall not be distributed by a community member or organization on College District property if:

  1. The materials are obscene;
  2. The materials contain defamatory statements about public figures or others;
  3. The materials advocate imminent lawless or disruptive action and are likely to incite or produce such action;
  4. The materials are considered prohibited harassment [see DIA series and FFD series];
  5. The materials constitute unauthorized solicitation [see Use of College District Facilities, above]; or
  6. The materials infringe upon intellectual property rights of the College District [see CT].

Time, Place, and Manner Restrictions

Distribution of materials shall be conducted in a manner that:

  1. Is not disruptive [see FLB];
  2. Does not impede reasonable access to College District facilities;
  3. Does not result in damage to College District property;
  4. Does not coerce, badger, or intimidate a person;
  5. Does not interfere with the rights of others;
  6. Does not violate local, state, or federal laws or College District policies and procedures; and
  7. Does not use amplified sound that disrupts College District business, classes, meetings, or other functions.

The distributor shall clean the area around which the literature was distributed of any materials that were discarded or leftover.

The College District shall designate times, locations, and means by which materials that are appropriate for distribution, as provided in this policy, may be made available or distributed by community members or organizations to others in College District facilities and in areas that are not considered common outdoor areas.

Posting of Signs

For the purposes of this policy, "sign" shall be defined as a billboard, decal, notice, placard, poster, banner, or any kind of hand-held sign; and "posting" shall be defined as any means used for displaying a sign.

No signs may be posted on College District property by a community member or organization unless the posting qualifies as a permitted campaign-related use or is in a common outdoor area subject to administrative procedures.

Exception

A College District support organization may post a sign in College District facilities with prior approval of the College District in accordance with the procedures developed for that purpose.

Identification

A community member or organization using campus facilities or distributing materials on campus shall provide identification when requested to do so by a College District representative.

Violations of Policy

Failure to comply with this policy and associated procedures shall result in appropriate administrative action, including but not limited to, the suspension of the individual's or organization's use of College District facilities and the confiscation of nonconforming materials.

Interference with Expression

Faculty members, students, or student organizations that interfere with the expressive activities permitted by this policy shall be subject to disciplinary action in accordance with the College District's discipline policies and procedures.

Appeals

Decisions made by the administration in accordance with this policy may be appealed in accordance with GB(LOCAL), DGBA(LOCAL), and FLD(LOCAL) as applicable.

Publication

This policy and associated procedures must be posted on the College District's website and distributed in the employee and student handbooks and other appropriate publications.

Tyler Junior College

GD(LOCAL)-X

LDU 2020.10

DATE ISSUED: 8/24/2020