TABLE OF CONTENTS
40.00 POLICY ON USE OF UNIVERSITY PROPERTIES
40.10 University properties shall be used only in accordance with federal, state, and local laws and shall not be used for the purpose of organizing or carrying out unlawful activity.
40.11 University properties shall be used in accordance with university policies and campus regulations, and with the procedures which implement these policies and regulations.
40.12 After 8:00 p.m. and before 7:00 a.m., university properties, including buildings and real property, are not open to the public generally, except for members of the public who are attending events open to the public during those hours, or who are invited guests of university students, faculty, or staff.
40.13 Campus units, other official university units, registered student organizations, and faculty and/or staff organizations may use university properties in accordance with the following:
a. reservations for the property must be made in advance with the officer responsible for the property (e.g., registrar or departments for most classrooms and lecture halls, college administrative officers for college facilities, etc.). Room and space assignments normally shall be on a first come, first served basis. Any expenses incurred for use of properties, including damages, will be charged to the sponsoring organization or unit;
b. use of properties shall be arranged by the Office of Student Activities for registered student organizations, by OPERS for recreational clubs, by Student Media for print and broadcast organizations, and by the college administrative officer or his/her designee for collegiate organizations. During the period before action on an application for registration, a student or college organization may use available university properties for a maximum of two (2) meetings;
c. approval of the use of major campus properties (such as a field house, college dining hall, upper quarry amphitheater, Student Union facilities, playing fields, and other outdoor areas) is contingent upon the fulfillment of specific regulations and/or procedures governing the use of these properties, and may require advance payment of estimated fees for use of the property and equipment (See Section 30.00, Speech and Advocacy);
d. university properties may not be used for personal financial gain or business profit except as defined in the Campus Commercial Activities Policy (See Sections 42.31 and 42.32).
e. In order to secure properties and ensure the safety of students and others, evening events on campus must end no later than 11:00 p.m. on weeknights and 1:00 a.m. on Friday and Saturday nights. Exceptions to this policy must be approved by the appropriate facility manger.
40.14 Events involving use of university properties by organizations other than registered student organizations, campus organizations, campus support groups, collegiate organizations, or campus units must be officially co-sponsored by a campus unit or registered student organization, in accordance with the provisions of university policies and campus regulations and procedures.
a. The co-sponsor relationship between a campus unit or a registered student organization must be approved in advance by the appropriate senior administrative officer: the executive vice chancellor; the vice chancellor, Business and Administrative Services; the vice chancellor, Student Affairs; the vice chancellor, Planning and Budget; vice chancellor, University Advancement; deans; or the assistant chancellor.
b. The responsible senior administrative officer shall consult with the campus Risk Management office regarding potential liability and financial implications if the proposed use of university properties is for business-related or commercial purposes.
c. Campus arrangements (e.g., campus calendar clearance, space reservations, food service, audio-visual equipment, parking security, etc.) for the approved co-sponsored event must be made by the co-sponsoring campus unit or registered student organization. Expenses associated with the use of a university property or university services, including damages, shall be charged to the co-sponsoring campus unit or registered student organization.
d. Co-sponsoring campus units, including registered student organizations, may engage the professional services of Conference Services or the University Events Office to carry out some aspects of a planned event. Use of university properties during the summer months (i.e., between the end of the spring term and the beginning of the fall term) must be managed by Conference Services. Contact Conference Services for the appropriate policies, permits, and/or forms for campus facilities usage. Copies of these forms are also available on the Conference Services website at http://www.ucsc.edu/conference/
e. Promotional literature and other forms of publicity must clearly state the name of the co-sponsoring campus unit or registered student organization.
40.15 Registered student organizations and college organizations may invite non-university speakers to address public meetings, provided the event has been scheduled through the appropriate sponsoring unit (Office of Student Activities, OPERS, Student Union, Student Media, or college) and the following requirements have been met:
a. a Student Organization Event Approval form or equivalent form must be submitted to and approved by the Office of Student Activities, OPERS, Student Media director or college administrative officer or designee at least seven (7) working days before the planned event. Events with complex logistical arrangements (dances, large lectures, conference, etc.) will require a longer time frame. The form must be submitted and approved before the student organization extends a firm invitation to a speaker or performer. The Office of Student Activities, OPERS, Student Union director, Student Media director or college administrative officer is authorized to withhold approval or cancel events that do not appear to be logistically feasible;
b. if the speaker or performer is to receive payment, a Performance Agreement must be executed and signed through the Office of Student Activities, OPERS, Student Union, Student Media or college at least four (4) weeks before the payment can be made;
c. whenever the vice chancellor, Student Affairs considers it appropriate and in the best interest of the educational process, the vice chancellor, Student Affairs may require that the meeting be conducted by a UCSC student, faculty, or staff member who will entertain questions from the audience;
d. should a request for the use of university properties for a speaker be denied,
the office denying the request shall notify the organization requesting use of the appeal procedure (See Section 42.12);
e. Adherence to the "Guidelines for Speakers and Public Events" (See Appendix I).
40.16 Alcoholic beverages may be served on university properties only in accordance with campus policies and regulations regarding the purpose, serving, and consumption of alcoholic beverages. (See Appendix D.)
40.20 All persons on university property are required to abide by university policies and campus regulations and shall identify themselves upon request to university officials acting in the performance of their duties. Violation of university policies or campus regulations may subject a person to possible legal penalties; if the person is a student, faculty member, or staff member of the university, that person may also be subject to disciplinary action in accordance with university policies and campus implementing regulations.
40.30 All use of university properties and services by campus organizations must conform to applicable campus time, place, and manner regulations.
40.40 On university grounds open to the public generally, as may be described in the campus regulations, all persons may exercise the constitutionally protected rights of free expression, speech, assembly, worship, and distribution and sales of noncommercial literature incidental to the exercise of these freedoms; such activities shall not interfere with the orderly operation of the campus and must be conducted in accordance with campus time, place, and manner regulations.
40.41 For the purpose of these regulations, "grounds open to the public generally" are defined as the outdoor areas of the campus (e.g., lawns, patios, plazas) that are at least 10 feet from the entrances/exits of campus buildings, and parking lots, and that are also a safe distance from the curbing of campus roads. McHenry Library and surrounding grounds as well as outdoor recreational areas (e.g., playing fields, courts, swimming pools) are excluded from this definition. All activity in open areas must be conducted in such a way that vehicular and pedestrian traffic is not impeded and normal instructional, research, and administrative activities are not disrupted. Tables (excludes commercial activity Section 42.32) may not be placed in areas where direct passage to or through any entrances, exits, sidewalks, or walkways are blocked. Tables may be no larger than three feet by six feet and may not extend beyond three feet of the perimeter of the table. (Additional safety restrictions may pertain to activities at or near the Quarry Plaza parking lot or campus entries.)
Amplified sound equipment may not be used without prior approval by the college administrative officers for college areas, Quarry Plaza Area Council for the Quarry Plaza (contact the executive director, Student Life) and adjacent areas, Student Media director for the KZSC building, and the executive director, Student Life for all other areas.
40.42 Organizations are encouraged to schedule outside events in one of the designated public expression areas (see Section 30.31) to minimize the possibility of interference with traffic and normal instructional, research, and administrative activities.
41.00 University Support, Sponsorship, or Endorsement
All individuals or organizations using university properties and services must avoid any unauthorized implication that they are sponsored, endorsed, or favored by the university.
41.10 University Neutrality on Religious and Political Matters
As a state instrumentality, the university must remain neutral on religious and political matters. The university cannot sponsor or fund religious activities, and cannot sponsor or fund political activities, except when authorized for university purposes by the Regents or the president or their designees.
41.11 Religious and political campus organizations shall have access to university properties on the same basis as all other campus organizations, according to guidelines set forth in campus regulations.
41.12 In correspondence, statements, or other material relating to religious or political activities or issues, the university title of a faculty or staff member or the title of a student government official shall be used only for identification; if such identification might reasonably be construed as implying the support, endorsement, or opposition of the university with regard to any religious or political activity or issue, the identification shall be accompanied by an explicit statement that the individual is speaking for himself or herself and not as a representative of the university or any of its offices or units.
41.20 Use of University Name, Insignia, Seal, or Address
The name, insignia, seal, or address of the university or any of its offices or units shall not be used for or in connection with religious, political, business, or social purposes or activities except as consistent with university policies and campus regulations. (See also Appendix B, and Section 60.30.)
42.00 Campus Regulations
Chancellors shall develop campus regulations which provide procedures and criteria for the use of university properties by student governments and registered campus organizations. Campus regulations may provide procedures and criteria, based upon benefit to the university, permitting the use of university properties by other persons or organizations and shall specify the conditions under which university property may be used by non-university persons or organizations.
42.05 DEFINITION OF CAMPUS ORGANIZATIONS
REGISTERED STUDENT ORGANIZATION
A campus-wide organization with at least four (4) members whose officers, leadership, and membership are UCSC students. Although activities are primarily for students, participants may include non-students. The organization must be registered with the office of Student Activities, OPERS for sports and recreation organizations, or Student Media for print and broadcast organizations. (See Section 60.00)
COLLEGE ORGANIZATION
An organization specific to a college and/or using the name of a college. Each college has its own approval process.
FACULTY AND/OR STAFF ORGANIZATION
An organization whose leadership is composed of UCSC faculty and/or staff. Although activities are primarily for faculty and/or staff, participants may include students. Although there is no formal registration process, the organization must be sponsored by a campus unit that takes responsibility for the activities of the organization.
UNIVERSITY SUPPORT GROUP
An organization that is independent of the campus, but that is created and operated in support of institutional interests, and has as its sole purpose the raising of funds and the providing of financial or other support for activities of the campus. (Contact University Advancement for more information regarding university support groups.)
42.10 Denial of Requests for Use
A request for use of university properties may be denied if the request is not in accordance with campus regulations implementing these Policies, and shall be denied if circumstances are such that the event will present a clear and present danger to the orderly operation of the campus. The applicant shall be accorded a review of any denial of a request for use of university properties. If a request is denied on the basis of a clear and present danger to the orderly operation of the campus, the applicant shall be accorded a prompt appeal to the chancellor, who shall recognize the university's heavy burden in justifying such a denial. The review processes shall be set out in campus regulations.
42.11 Registered student or collegiate organizations may be denied use of university properties by the Office of Student Activities, OPERS, Student Activities director, Student Media director, Student Judicial Affairs director, or the college administrative officer (see Section 42.10).
42.12 Any campus organization (see Section 42.05) denied use of a university property may file a written appeal for reconsideration with the chancellor's designee who is the vice chancellor, Student Affairs, based upon (a) failure by the administration to follow the policies and procedures set herein; (b) arbitrary or capricious justification for the decision to deny use; or (c) the absence of a clear and present danger.
42.20 Posting of Noncommercial Materials
Campus regulations shall permit university students, faculty, staff, registered campus organizations, and university units to post and exhibit noncommercial materials at locations designated in campus regulations for that purpose; posting and exhibiting of noncommercial materials by others also may be permitted by campus regulations. All such materials shall clearly indicate the name of the sponsoring campus, individual, registered campus organization, university unit, or other individuals or organizations permitted to post and exhibit pursuant to campus regulations.
42.21 For the purpose of these regulations, commercial literature is defined as any material published primarily to generate income for individuals or businesses.
42.22 Literature incidental to the exercise of the freedom of expression, speech, assembly, or worship may be distributed on university grounds open to the public generally, as long as such activities do not interfere with the orderly operation of the campus.
42.23 Non-university organizations and individuals may post and distribute materials only on bulletin boards designated for public use, outdoor kiosks, and the interior of bus shelters. These areas will be cleared of all materials on a regular basis.
42.24 Commercial and non-commercial posters and announcements may be placed on public access bulletin boards not designated for specific use.
a. distribution and posting in each college is controlled by the college administrative officer and must be in accordance with guidelines established by the college administrative officers (See Section 30.34);
b. distribution and posting on non-college bulletin boards, including designated public access bulletin boards, is controlled by the campus unit responsible for the bulletin board and must be in accordance with the guidelines established by the unit for the use of the bulletin board;
c. where posting is permitted, each individual or group is limited to one poster per board, kiosk, or bus shelter, and there may be no posting over announcements that are current;
d. all posted materials must clearly indicate the name of the person(s), group(s), university unit(s), or campus organization(s) responsible for posting them and the day by which they are to be removed. Posters shall not exceed 17" X 22" (or equivalent area);
e. university students, faculty and staff with computer logins may post non-commercial messages and announcements through UCSC’s electronic news server. Users are responsible for knowing and applying Usenet or other electronic rules and etiquette and shall be held accountable for any and all messages posted from their login. No steps can be taken to conceal the user's identity.
f. Commercial or non-commercial literature may not be placed on cars.
42.30 Noncommercial Fund Raising
Noncommercial fund raising by student governments and by registered campus organizations shall be permitted pursuant to university policies and campus regulations; noncommercial fund raising by individuals or by other groups also may be permitted under regulations developed by the campus, consistent with university policy. Provisions may be made governing the collection of donations, sale of materials, admission charges, and financial accountability.
42.31 University properties may not be used for income-producing activities which are commercial in nature or for the purpose of realizing personal financial gain except for approved educational or training programs, or as defined by the Campus Commercial Activities Policy, or as required by law.
42.32 For the purpose of these regulations, a commercial activity is defined as the sale of any object or the sponsorship of any program conducted primarily to generate income for individuals or businesses. This category of activity is not intended to include the hiring of speakers or performers by the university.
Copies of the Campus Commercial Activities Policy may be obtained from the executive director, Bay Tree Bookstore at 459-4544 or via the web at http://www2.ucsc.edu/judicial/
42.33 Campus organizations, and student governments may raise funds on campus in accordance with the following definitions and regulations.
a. Fundraising is defined as the collection of money by means of sales, contributions, donations and/or admission charges to events or meetings on a regular or occasional basis.
b. All fundraising events and activities by registered student organizations must be scheduled through and approved by the Office of Student Activities, OPERS, Student Media, or the college.
c. The purpose for which funds are raised must be described clearly and be consistent with the stated purpose of the sponsoring organization.
d. Financial and in-kind support of student programs and activities or campus organizations by for-profit organizations is not considered a commercial activity under these guidelines and therefore may be permitted, provided that the primary purpose of such support is to underwrite a program or activity, as opposed to the promotion or endorsement of a commercial product or service. Examples might include the financial underwriting of a crafts fair, a lecture or a sports event. A campus organization may publicly acknowledge such support but shall not endorse any commercial products or services including not providing advertising on university websites. Prior to any solicitation, all plans for business for-profit support involving registered student organizations must receive prior approval from the Office of Student Activities, OPERS or Student Media. The Office of Student Activities, OPERS, or Student Media will consult with the Risk Management office and University Advancement to ensure consistency with the university's solicitation policy. Faculty and staff organizations should also consult with those offices.
e. Advertising for any on-campus event program for which a donation is requested must make it clear that such a donation is not required as a condition of admission, nor may a specific amount of donation be indicated.
f. Raffles are illegal under the California Penal Code 330. A raffle is the sale of a chance at a prize. Prize drawings are permitted only when tickets/chances are given away. The fact that the tickets are available free of charge must be disclosed on the ticket and on any advertising. Voluntary donations may be accepted but cannot be "required" in order to have a chance at a prize.
g. Campus units/organizations may raise funds on campus with the approval of the appropriate vice chancellor, dean, or college administrative officer in accordance with these policies and regulations, and in consultation with the offices of Risk Management and University Advancement.
42.34 Campus organizations (see Section 42.05) must be financially accountable and operate within the following guidelines:
a. all of the regulations governing the allocation and expenditure of university funds relating to student governance also apply to registered student organizations, with the exception of Section 85.04a-d;
b. standard Performance Agreement forms (available from the campus sponsor) must be used when entering into agreements with off-campus entertainment groups or agencies, and the sponsoring organization must make clear that the university is not a contracting party, and is in no way responsible for the acts or omissions of the campus organization;
c. all ticket sales to events in the Performing Arts complex must be coordinated through the Campus Ticket office. Campus units/organizations sponsoring events in the Performing Arts complex will be required to hire cashiers employed by that office. Student organizations that need to sell tickets to events not held in Performing Arts must arrange for a cash box through the Office of Student Activities, OPERS or Student Media;
d. all funds raised on campus must be expended in accordance with the original fundraising purposes after all expenses incurred during the event have been paid. Funds collected must be placed in accounts approved by the university, to which the university has access, and processed pursuant to university fiscal policies. This does not include the collection of initiation or membership fees;
e. the university reserves the right to audit financial records of a campus organization that has been allowed to raise funds on campus to determine if the funds were used for the purpose for which they were raised.
42.40 Use of University Property for Commercial Purposes
Except as otherwise provided in these Policies, campus regulations may adopt narrowly defined restrictions on the use of university properties for commercial purposes and personal financial gain.
42.41 See Sections 40.13d., 42.31 and 42.32 regarding use of campus properties for commercial activities.