Section 1000: Facilities Usage

 

I.    General Definitions

1.    “Academic or administrative unit” means any office or department of Lake Region State College.

2.    “Amplified sound” means sound whose volume is increased by any electric, electronic, mechanical, or motor-powered means. Shouting, group chanting, and acoustic musical instruments are exempt from this definition and are not subject to the special rules on amplified sound, but are subject to general rules on disruption.

3.    “College/University person or organization” includes academic and administrative units, student, faculty, and staff organizations, and individual students, faculty members, and staff members; this phrase describes the most inclusive category of potential speakers on campus; every person and organization of any kind is either an “off-campus person or organization” or a “College/University person or organization.”

4.     “Day” means 7:45 a.m. to 4:45 p.m. daily and excludes weekends, College/University holidays, and days on which regularly scheduled classes are suspended due to emergency situations. If a deadline defined in this chapter falls on a Saturday, Sunday, or College/University holiday that deadline will be moved to the next day.

5.     “Event” means something that occurs in a certain place during a particular interval of time; events include but are not limited to guest speakers, exhibits, tables, distribution of literature, signs, and public assemblies.

6.    “Faculty member” includes any person teaching credit-bearing courses employed by Lake Region State College.

7.    “Guest speaker” means a speaker or performer who is not a student, faculty member, or staff member, but who is invited to speak by a Lake Region State College person or organization.

8.    “Off-campus person or organization” means any person, organization, or business that is not an academic or administrative unit, a student, faculty, or staff organization, or a student, faculty member, or staff member.

9.    “Publicly assemble” and “public assembly” include any gathering of persons, including discussions, rallies, and demonstrations. 

10.    “Room or space” includes any room or space, indoors or outdoors, owned or controlled by Lake Region State College.

11.    “Staff member” includes any person who is employed by Lake Region State College and does not qualify as a faculty member.

12.    “Student” means an individual enrolled in one or more courses at an institution. For the purposes of this Policy, a student who is acting in a paid role, such as a graduate student instructor or teaching assistant, is not a student for the purpose of this policy while they are engaged in that paid work.

II.    General Provisions.

1.    Lake Region State College (LRSC) recognizes that students and faculty have a fundamental right to free speech and expression under the First Amendment to the United States Constitution and Article I, Section 4 of the North Dakota Constitution, and as a result the SBHE and institutions under its control shall ensure that students have the freedom to speak, write, listen, challenge, learn, and discuss any issue, subject to reasonable and constitutionally-recognized limitations.

a.    Staff members of LRSC are also free to exercise their right to free speech and expression, as set forth above, provided that such activities do not substantially interrupt or inhibit their duties, and such exercise of free speech and expression shall be subject to the Political Activities Policies of the SBHE and LRSC. 

2.    Lake Region State College will not engage in viewpoint- or content-based discrimination or suppression of speech, and will, to the greatest extent possible, permit and facilitate the open discussion and debate of ideas and issues, regardless of the content of those issues.

3.    As a general rule, LRSC will not use the concept of civility or mutual respect as a basis to suppress or limit the discussion of ideas, regardless of content, except as reasonably necessary to an educational activity. 

4.    Lake Region State College and its faculty and employees shall generally not seek to shield individuals from the free speech or expression of others, except as reasonably necessary to an educational activity.

5.    Except as set forth elsewhere in this policy, the generally accessible, open, outdoor areas of the campus are traditional public fora for free speech by both LRSC and off-campus persons and organizations, subject to reasonable and constitutional time, place, and manner restrictions.

6.    Lake Region State College designates the following areas as restricted or designated forums:

a.    those areas inside buildings which have not otherwise been treated as traditional public fora; 

b.    areas within a 100-foot radius from residential buildings during evening and overnight hours; 

c.    areas within a 100-foot radius from academic buildings during times when classes are held in that building; 

d.    areas which must be restricted due to reasonable safety and security concerns, as designated by Vice President of Academic & Student Affairs; 

e.    areas which must be restricted to enable the flow of pedestrian or vehicle traffic, as designated by Vice President of Academic & Student Affairs; 

f.    areas within a 50-foot radius from building entrances and exits to provide for safe and convenient ingress and egress from those buildings; and

g.    areas to include: Leevers Welcome Center, Learning Commons, classrooms/labs, Bergstrom Technical Center lobby, Student Union, Dining Room, Precision Ag Center, courtyard, Robert Fawcett Auditorium, gymnasium, and public meeting rooms.

7.    Lake Region State College requires reservations or permits for the exercise of free speech or expression, including assemblies, within these restricted or designated forums.

8.    Lake Region State College designates the following areas as closed to free speech, expressive activity, and public assembly: Gilliland Hall, North Hall, South Hall, wind turbine location and surrounding property within 1,000 feet of the wind turbine. Receiving and within 100 feet of loading dock area, weight room, faculty and staff offices, restrooms, and hallways in all LRSC buildings are also closed.

III.    Prohibited Items at Assemblies

1.    Dangerous weapons, as defined by N.D.C.C. § 62.1-01-01(1) as any switchblade or gravity knife, machete, scimitar, stiletto, sword, dagger, or knife with a blade of five inches or more; any throwing star, nunchaku, or other martial arts weapon; any billy, blackjack, sap, bludgeon, cudgel, metal knuckles, or sand club; any slingshot; any bow and arrow, crossbow, or spear; any weapon that will expel, or is readily capable of expelling, a projectile by the action of a spring, compressed air, or compressed gas, including any such weapon, loaded or unloaded, commonly referred to as a BB gun, air rifle, or CO2 gun; and any projector of a bomb or any object containing or capable of producing and emitting any noxious liquid, gas, or substance.

2.    Firearms, except as permitted by law. See N.D.C.C. § 62.1-02-05.

3.    Body-armor or makeshift body-armor, helmets and other garments, such as sporting protective gear, that alone or in combination could be reasonably construed as weapons or body-armor, without written permission from Vice President of Academic & Student Affairs

4.    Open flame, unless approved in advance by Vice President of Academic & Student Affairs.

IV.    General Rules on Means of Expression

1.    Disruption

a.    No speech, expression, or assembly may be conducted in a way that disrupts or interferes with any teaching, research, administration, or other authorized activities on the campus; free and unimpeded flow of pedestrian and vehicular traffic on the campus; or signs, tables, exhibits, public assemblies, distribution of literature, guest speakers, or use of amplified sound by another person or organization acting under the rules in this chapter.

2.    Except in the most extreme cases, interference and disruption are unavoidably contextual. Intentional physical interference with other persons is nearly always disruptive in any context. Interfering with traffic depends on the relation between the volume of traffic and the size of the passageway left open. Disruptive noise is the most contextual of all, because it depends on the activity disrupted. Any distracting sound may disrupt a memorial service. Any sound sufficiently loud or persistent to make concentration difficult may disrupt a class or library. Occasional heckling in the speaker’s pauses may not disrupt a political speech, but persistent heckling that prevents listeners from hearing the speaker does disrupt a political speech. These illustrations may be helpful, but none of them includes enough context to be taken as a rule. We cannot escape relying on the judgment and fairness of LRSC authorities in particular cases. In this context where difficult enforcement judgments are unavoidable, it is especially important for administrators to remember that their judgments must not be influenced by the viewpoint of those claiming disruption or of those allegedly disrupting.

3.    Potentially disruptive events can often proceed without disruption if participants and administrators cooperate to avoid disruption without stopping the event. In cases of marginal or unintentional disruption, administrators should clearly state what they consider disruptive and seek voluntary compliance before stopping the event or resorting to disciplinary charges.

V.    Damage to Property

1.    No speech, expression, or assembly may be conducted in a way that damages, defaces, marks, discolors, or alters in any way property of LRSC or of any person who has not authorized the speaker to damage or deface their property.

VI.    Amplified Sound

1.    General Rule on Amplified Sound

a.    Lake Region State College academic or administrative units and student, faculty, or staff organizations may use amplified sound on campus at designated times and locations, with advance permission from Vice President of Academic and Student Affairs, subject to the following restrictions. 

2.    Location and Times of Weekday Amplified Sound Areas

a.    The Vice President of Academic & Student Affairs may prescribe rules concerning scheduling, sound levels, the location of speakers and the direction in which they are pointed, and other rules to facilitate the use of amplified sound areas, to mediate any conflict with LRSC functions and other nearby activities, and to manage environmental impact. All such rules will be reasonable and nondiscriminatory.

b.    The Vice President of Academic & Student Affairs may limit the number or frequency of reservations for each student, faculty, or staff organization or academic or administrative unit to ensure reasonable access for all persons and organizations desiring to use amplified sound.

c.    Lake Region State College persons and organizations using amplified sound are responsible for maintaining a passageway for pedestrians that is adequate to the volume of pedestrian traffic passing through the area. 

VII.    Public Assemblies without Amplified Sound

1.    General Rule on Public Assemblies

a.    Lake Region State College persons and organizations may publicly assemble on campus in any place where, at the time of the assembly, the persons assembling are permitted to be. No advance permission is required. If the expected attendance at an event with a program, guest speaker, or performer is twenty-five or more people, advance notice of no less than two weeks is required. 

b.    The buildings owned or controlled by LRSC are not open for demonstrations, assembly, or speech. In furtherance of LRSC’s educational mission, the buildings owned or controlled by LRSC are limited for and open only to faculty, staff, and students and their organizations. 

c.    Off-campus persons and organizations may not engage in expressive activities at LRSC except in accordance with these rules.

2.    Reservation of Space

a.    Persons, organizations, and academic or administrative units who wish to publicly assemble in a particular room or space at a particular time may reserve the room or space by following the established procedure. Individual faculty, staff, and students may not reserve an indoor space, except as related to an educational activity. Off-campus persons or organizations may only reserve a particular room or space for a public assembly by following the established procedure.

b.    Reservation requests from recognized student, faculty, and staff organizations or academic or administrative units shall receive precedence over requests from individual persons, unrecognized organizations, or any off-campus persons or organizations.

c.    An LRSC person, organization, or academic or administrative unit with a reservation has the right to the reserved room or space for the time covered by the reservation. Any person or organization using or occupying the room or space without a reservation must yield control of the room or space in time to permit any person, organization, or academic or administrative unit with a reservation to begin using the room or space promptly at the beginning of its reserved time. Reservations for outdoor spaces are not required but are strongly encouraged. Reservations for indoor spaces are required, although this requirement may be waived by the President, Vice President of Academic and Student Affairs, Vice President of Administrative Affairs, and program directors with responsibility for specific campus locations.

3.    Fees for Reserving Space. 

a.    Lake Region State College prescribes a fee schedule for reserving specified campus spaces. The schedule shall be made available at the information window on request, and shall be based on the actual expenses incurred by the campus in making the space available. The schedule must not be wholly or partially based on viewpoint- or content-based criteria, but may include security and logistic fees based on the venue, the anticipated attendance, historical protest activity at events of similar attendance, and other content-neutral factors. The criteria used to establish the fee schedule shall be made publicly available.

b.    Lake Region State College does not retain funds beyond its actual expenses unless the reserving party or group charges admission to the event. The fee schedule must be applied equally to all persons or organizations, without reference to the content or viewpoint of the proposed assembly, except as otherwise governed by campus policies. 

c.    The President may waive any applicable fee for an assembly contributing to the educational mission of the institution or engaging in charitable work. 

d.    Academic and administrative units are not subject to the fee schedule.

e.    LRSC may not impose fees on students, faculty, or student organizations, including with respect to invited guest speakers or groups, for the use of campus facilities based on the anticipated content or viewpoint of speech, expression, or the anticipated reaction thereto, but LRSC is not required to subsidize the free speech and expression of students, faculty, or student organizations or their guests. As a result, LRSC may, in its discretion, impose facility use fees based on venue, anticipated attendance, and other non-content-based factors. Such fees may not exceed the actual costs incurred by LRSC, and LRSC must refund any overpayment. LRSC shall set forth empirical and objective criteria for calculating such fees, and such criteria shall be made publicly available. LRSC may not consider the potential reaction to speech, including but not limited by potential protest activity, when calculating facility use fees.

4.    Notice and Consultation

a.    Lake Region State College persons or organizations may publicly assemble on campus in any place where, at the time of the assembly, the persons assembling are permitted to be.

b.    Students or student organizations planning a public assembly with a guest speaker and expected attendance of more than twenty-five participants, including potential counter-demonstrators, are required to provide advance notice of no less than two weeks to the Vice President of Academic & Student Affairs. Students or student organizations planning smaller assemblies or large assemblies without a guest speaker are encouraged to consult the Vice President of Academic & Student Affairs if there is uncertainty about applicable LRSC rules, the appropriateness of the planned location, or possible conflict with other events. The Vice President of Academic & Student Affairs can help the planners avoid unintended disruption or other violations that may result in subsequent discipline or subsequent interference with the assembly by campus authorities.

c.    Faculty, staff, and related organizations that are planning a public assembly with a guest speaker and an expected attendance of more than twenty-five participants, including potential counter-demonstrators, are required to provide notice of no less than two weeks to the Vice President of Academic & Student Affairs.

d.    The notice and consultation requirements of this subchapter do not apply to academic or administrative units. 

e.    The notice and consultation requirements of this subchapter may be waived by the President.

VIII.    Guest Speakers

1.    Who May Present

a.    Lake Region State College persons and organizations and academic and administrative units may present guest speakers on LRSC property with advance permission from the Vice President of Academic & Student Affairs. 

2.    Location and Form of Presentation

a.    A guest speaker may present a speech or performance, or lead a discussion of specified duration, at a time announced in advance, in a fixed indoor location or in a fixed outdoor location approved by the Vice President of Academic & Student Affairs.

b.    A guest speaker may not accost potential listeners who have not chosen to attend the speech, performance, or discussion.

3.    Application

a.    All students, faculty members, staff members, student organizations, faculty organizations, and staff organizations that wish to present a guest speaker must request permission from the Vice President of Academic and Student Affairs at least two weeks before the scheduled event or prior to the publication of any planned advertising for the event, whichever is earlier.

b.    Students, faculty, and student organizations shall be permitted to invite guest speakers or groups to campus regardless of the anticipated content or viewpoint of the speaker or group’s speech or expression. LRSC may not prohibit any invited speaker or group from speaking on campus and may not retract (or pressure or require students, faculty, or a student organization to retract) an invitation to speak based on the anticipated content or viewpoint of the speech or expression.

4.    Obligations of Presenting Person or Organization

a.    An LRSC person or organization that presents a guest speaker must make clear that:

i.    the person or organization, and not LRSC, invited the speaker; and

ii.    the views expressed by the speaker are their own and do not necessarily represent the views of LRSC, the North Dakota University System, or the State of North Dakota. 

b.    The person or organization that presents a guest speaker is responsible for paying any fees. 

c.    Institutional funds provided to a recognized LRSC organization may not be used to pay for any costs or expenses related to the presentation of a politically-oriented guest speaker unless approved in advance by an organization’s faculty advisor and the President in consultation with LRSC’s legal counsel.

5.    Equal Treatment

a.    Guest speakers reserving space at LRSC facilities may be subject to the same terms and conditions governing the use of the facilities for other outside groups. If a room, space, or facility is made available to any guest speaker invited by an LRSC person or organization, then that room, space, or facility must be made equally available to all such speakers or groups.

b.    If an LRSC person or organization complies with this policy when presenting a guest speaker, LRSC may not prohibit or disinvite that guest speaker based on the anticipated content or viewpoint of the guest speaker’s speech, performance, presentation, or other form of expression.

IX.    Responding to Speech, Expression, and Assembly

1.    General Rule on Responding

a.    Lake Region State College persons and organizations may respond to the speech, expression, or assembly of others, subject to all the rules herein.

b.    Responders may not damage or deface signs or exhibits, disrupt public assemblies, block the view of participants, or prevent speakers from being heard.

2.    Means of response that are permitted in many locations and without advance permission or reservation, such as signs, tables, distribution of literature, and public assembly without amplified sound, may be used immediately and in any location authorized in this policy.

3.    Means of response that require advance permission or reservation, such as banners, exhibits, and amplified sound, may be used as soon as the needed permission or reservation may be arranged. Banner space and some amplified sound areas may be unavailable on short notice because of earlier reservations, but the Vice President of Academic & Student Affairs will expedite approval of exhibits and available banner space and amplified sound areas where necessary to permit appropriate response to other speech, assembly, or expression.

4.    Means of response that are confined to authorized locations, such as banners and amplified sound, may be used only in those locations. It is not permissible to respond to amplified sound with amplified sound in the same location; similarly, if an exhibit or public assembly is in a location where amplified sound is not permitted, it is not permissible to respond with amplified sound in that location. In either case, it is permissible to respond with amplified sound in another location and to use signs or distribution of literature to advertise the response at the other location.

History

Revised   08/26/2019

1. Approval for use of all College Facilities is the prerogative of the President.
2. The primary purpose of College Facilities is for College functions which shall be given first priority.
3. A “Facilities Usage Contract” form must be completed and authorization obtained prior to usage. This contract is applicable to all college groups and outside organizations wishing to use College facilities for other than defined instructional or related activities.
4. All requests or use of College facilities must be made ten (10) working days prior to the desired date(s) so that necessary arrangements and adjustments can be made. Arrangements should also be made at this time for special equipment needs, e.g. cords, overheads, special lights.)
5. A written copy of this “Facilities Usage Contract” specifying the scheduled dates(s), arrangements, and fees shall be provided to the organizations or group making the request. The event will be posted on the Happen Schedule located in the College ‘public’ file.
6. The Physical Plant Director shall be informed of all events scheduled in any College facility.
7. Fees may be assessed for use of College facilities and equipment (See “Rental Charges” Article 1000.04.4)

History
Administrative Council Approved 08/26/2019
Administrative Council Approved 06/30/2021

All scheduled College and non-College events, activities and facilities usage must be recorded on the official College Master Schedule. This Schedule is maintained by the Administrative Assistant to the President. The primary purpose of the Schedule is to prevent conflicts as well as unauthorized use of facilities.

History

1. Liability Insurance: When appropriate, rental agreements for use of College facilities shall require the renter to provide evidence of liability insurance for personal or property injury. If this is not possible, the person responsible for the event, by signing the rental agreement, agrees to indemnify and hold harmless Lake Region State College regarding any and all claims for loss, injury, or damage.
2. Damage to College Property: Organizations or groups utilizing the facilities shall agree to reimburse the College for the cost of any damage that occurs. The College administration is authorized to assess and charge the responsible party for repair and replacement.
3. College Liability: Lake Region State College assumes no responsibility for theft, injuries, or damages of any kind suffered by any groups (or individuals) using College facilities at any time.
4. Rental Charges: The College shall periodically establish, and the Vice President of Administrative Services and the Physical Plant Director shall administer, a “Schedule of Rental Fees and Other Charges” for use of College facilities and equipment. This “Schedule” is available in the Administrative Services Office. Waivers may be negotiated with the President.
5. All concessions shall be operated by the College.
6. Security Provisions/Additional Service
   
   1. Security personnel must be on duty when any College facility is used after normal working hours and on weekends. The Physical Plant Director will make the necessary job assignments. If the activity is a College-sponsored event held after hours, a staff member may substitute for the security person
   2. When additional security is required security personnel will be remunerated at a rate specified by the Physical Plant Director. Should it be necessary for the College to provide additional maintenance/custodial personnel or other qualified personnel to operate special equipment, it shall be necessary for the renter to pay for services at the prevailing College rate in addition to any other fees.
   3. The College reserved the right to furnish these services and personnel at its discretion. The Physical Plan Director shall be responsible for administering these provisions.
7. Posting of Policy: All organization requesting use of College facilities shall be provided with a copy of this policy document and the Schedule of Rental Fees and Other Charges. This document shall be deemed to be incorporated in all facilities usage contracts.
8. Regulations Regarding Signs, Posters, Handbills, and Other Promotional Material: All bulletin boards are under jurisdiction of designated departments or administrative offices. No posters or publicly distributed materials shall contain obscene, vulgar or libelous material. All items should be placed only on bulletin boards, free-standing display boards, or wall tack strips. Do not use sticking tape or adhesive on painted surfaces. All items must be removed the day following the event.

History

1. Scheduling responsibility: Administrative Assistant to the President.
2. There shall be no charge for any recognized College group for approved activities. This applies to clubs or organizations recognized by the Student Senate.
3. All posted rules and regulations must be followed, and food and drink are not permitted in the auditorium.
4. Utilization of the auditorium by non-College organizations for the express purpose of making money shall pay a fee.
5. In no case will unauthorized personnel be permitted to access to the sound system, state rigging, light control panels or dressing rooms without approval of the Physical Plant Director/designee.
6. Non-profit organizations or groups requesting use of the auditorium may be required to pay a fee.
7. Groups that require access to the facility to build scenery, rehearse or perform any other advance preparation shall do so in a manner that does not interfere with normal operations of the College.
8. The stage area of the auditorium is reserved for actual performances/rehearsals and for the set construction immediately before a performance for both College and non-College groups.
9. In no case will access to the costume and make-up room be permitted without approval of the College Director of Drama.

History

1. Scheduling responsibility: Administrative Assistant to President
2. There shall be no charge for any recognized College group for approved activities. This applies to clubs or organizations recognized by the Student Senate.
3. Non-profit organizations or groups requesting the use of the Students Chautauqua Gallery, Heritage Hall Conference Room or the Colonial Room may be required to pay a fee. Requests will be considered on a case-by-case basis.

History

1. Scheduling responsibility: Administrative Assistant to the Vice President of Academic and Student Affairs.
2. There shall be no charge for any recognized College group for approved activities. This applies to clubs or organizations recognized by the Student Senate.
3. Non-profit organizations or groups requesting use of classrooms and Computer Labs may be required to pay a fee. Requests will be considered on a case-by-case basis.

History

1. Scheduling responsibility: Athletic Director
2. There shall be no charge for any recognized College group for approved activities. This applies to clubs or organizations recognized by the Student Senate.
3. Requests for facility use by groups not affiliated with the College will be considered on a case-by-case basis.
4. All posted rules and regulations must be followed.
5. For use of the gymnasium for tournaments in which a renter sponsors the tournament and retains the profits, a rental feel will be charged along with a fee for custodial/security personnel.
6. For rental of the gymnasium by organizations or groups for the express purpose of making money through gate receipts at an athletic event, a rental fee will be charged along with a fee for custodial/security personnel.
7. For use of the gymnasium for other than athletic events, the rental policy will depend on the organization putting on the event and the purpose for which the money so obtained will be used. This will be determined by the President.

History

1. Scheduling responsibility: Athletic Director
2. There shall be no charge for any recognized College group for approved activities. This applies to clubs or organizations recognized by the Student Senate.
3. The weight room will not be rented to individuals for any purpose. Requests for the weight room use by groups not affiliated with the College will be considered on a case-by-case basis.
4. All posted rules and regulations must be followed.
5. For rental of the weight room for tournaments in which a renter sponsors the tournament and retains the profits, a rental fee will be charged along with a fee for custodial/security personnel.
6. For rental of the weight room by organizations or groups for the express purpose of making money through gate receipts at an athletic event, a rental fee will be charged along with a fee for custodial/security personnel.
7. For additional information about the weight room, see Chapter 800.27.

History

1. Residence Halls may not be rented to individuals for any functions or external events during the months the College is in session without approval of the Vice President of Academic and Student Affairs and the President.
2. Vacant space in the Residence Hall may, however, be leased to groups by the Vice President of Academic and Student Affairs and the President upon approval of the North Dakota University System of Higher Education.
3. Residence Halls or sections thereof may be rented to groups or individuals during summer months.
4. Authorization and rental rates will be determined by the Vice President of Academic and Student Affairs.

History

1. There shall be no rental charge for groups using the facilities for banquets catered by the College Food Service operations.
2. Scheduling of banquets and other such functions shall be handled by the Director of Food Services. The Director of Food Services shall inform the President’s Administrative Assistant about such event for inclusion in the College Master Schedule.
3. For additional information about Food and Vending Services, See Chapter 400.31.

History

1. No alterations or modification work of any kind may be carried out on College facility/property without permission from the Physical Plant Director.
2. Any requests for alterations or modification work must be submitted to the Physical Plant Director. Exceptions are routine repairs such as maintenance and custodial operations.

History

Administrative Council Approved to move from 400.19 to 1000.12 04/21/16