Community Use of College District Facilities
The buildings, classrooms, libraries, facilities, and grounds owned or controlled by the College District are not a traditional public forum open for assembly, debate, demonstrations, or similar activities by members of the general public. The space and facilities of the College District are intended primarily for the support of the instructional programs of the College District and for the support of programs conducted or sponsored by the College District’s academic and administrative departments or organizations affiliated with those departments.
[For use by employees or employee organizations, see DGD. For use by students and registered student organizations, see FLAA.]
Requests
To request permission to meet on College District premises, interested community members or organizations shall file a written application with the Student Leadership and Activities Office and shall be approved by the Vice Chancellor of Student Services or designee 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 shall abide by those rules. The application shall be submitted at least 30 days prior to the proposed use but not more than six months prior to the proposed use.
Requests for community use of College District facilities shall be considered on a first-come, first-served basis. However, requests received on the same days shall be prioritized as follows:
- Classroom instruction and other official College District functions and programs;
- Requests by recognized student organizations and employee organizations;
- Activities sponsored by non-College District, nonprofit organizations that are open to the public;
- Private, noncommercial activities that are not open to the public (e.g., a private reception); and
- Activities that do not fall within the above categories.
Approval
The Vice Chancellor of Student Services or designee shall approve or reject the request in accordance with provisions of and deadlines set out in this policy and administrative procedures, without regard to the religious, political, philosophical, or other content of the speech likely to be associated with the community members’ or organization’s use of the facility. The administration shall approve or deny an application within seven business days of receiving the application.
Approval shall not be granted when the official has reasonable grounds to believe that:
- The College District facility requested is unavailable, inadequate, or inappropriate to accommodate the proposed use at the time requested;
- The applicant is subject to a prior sanction (see Violations of Policy);
- 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;
- The applicant owes a monetary debt to the College District and the debt is considered delinquent;
- The proposed activity would disrupt or disturb the regular academic program or other operations of the College District;
- The proposed use would result in damage to or defacement of property or the applicant has previously damaged College District property;
- The applicant failed to supply the requested information on the application;
- The application contains a material misrepresentation of fact; or
- The proposed use is not a suitable location because the design or dimensions of the event shall substantially interfere with pedestrian access, traffic flow, or public safety in or near the same area as the proposed event.
For-Profit Use
The College District shall not permit individuals or for-profit organizations to use its facilities for financial gain except in accordance with Board Policies and/or Administrative Regulations; however, the College District shall permit third-party 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 Vice Chancellor of Student Services or designee shall provide the applicant a written statement of the grounds for rejection if a request is denied.
Emergency Use
In case of emergencies or disasters, the Chancellor may authorize the use of College District facilities by civil defense, health, or emergency service authorities.
Written Agreement Required
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 any applicable administrative regulations, and acknowledging that the College District is not liable for any personal injury or damages to personal property occurring during the use by the community member or organization.
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, and technology services.
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:
- Conduct business in an orderly manner;
- Provide identification when requested to do so by a College District representative;
- 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]
- Make no alteration, temporary or permanent, to College District property without prior written consent from the Chancellor; and
- 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.
Additionally, community members and organizations using College District facilities shall not:
- Disrupt other events occurring at the same vicinity;
- Interfere with the free entry to or exit from a building, structure, or facility;
- Interfere with the flow of pedestrians or vehicular traffic on sidewalks or streets or at places of ingress or egress to and from property, buildings, or facilities;
- Deny the use of offices or other facilities to students, faculty, staff, or guests of the College District;
- Threaten or endanger the safety of any person on College District premises;
- Badger, coerce, or intimidate another person or force material on an unwilling participant;
- Engage in conduct that is likely to result in damage to or destruction of property or to cause disruption in utilities;
- Create a sustained or repeated noise disturbance that substantially interferes with a speaker’s ability to communicate with others and/or the rights of others to listen; or
- Attempt to prevent a College District event or other lawful assembly by the threat or use of force or violence.
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 nonschool literature distributed by a community member or organization.
[See CHE regarding use of the College District’s internal mail system and FLA regarding distribution of literature by students and registered student organizations]
Nonschool literature shall not be distributed by a community member or organization on College District property if:
- The materials are obscene;
- The materials contain defamatory statements;
- The materials advocate imminent lawless or disruptive action and are likely to incite or produce such action;
- The materials are considered prohibited harassment [see DIA series and FFD series];
- The materials constitute unauthorized solicitation [see Use of College District Facilities, above]; or
- The materials infringe upon intellectual property rights of the College District [see CT].
Time, Place, and Manner Restrictions
A community member or organization that has been approved to rent a campus facility, has signed the required written agreement, and has paid any required fees may distribute literature to its members and guests during the time period covered by the written agreement and in the location covered in the written agreement.
Distribution of nonschool literature shall be conducted in a manner that:
- Is not disruptive [see FLB];
- Does not impede reasonable access to College District facilities;
- Does not result in damage to College District property;
- Does not coerce, badger, or intimidate a person;
- Does not interfere with the rights of others; and
- Does not violate local, state, or federal laws or College District policies and procedures.
The distributor shall clean the area around which the literature was distributed of any literature that was discarded or leftover.
Signs and Posters
For the purposes of this policy, “sign” shall be defined as a billboard, decal, notice, placard, poster, banner, or any kind of handheld 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.
A College District support organization may post a sign with prior approval of the Vice Chancellor of Student Services or designee in accordance with the procedures developed for that purpose.
A “College District support organization” is a College District-recognized organization whose purpose is to benefit or support the College District.
Identification
A community member or organization distributing materials on campus shall provide identification when requested to do so by a College District representative.
Violations of Policy
Failure to comply with the policy and procedures regarding community use of College District facilities or distribution of literature 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.
Appeals
The administration shall maintain a procedure providing for a prompt appeal of a decision denying an application for use of space or placing a sanction on an individual or group for violating these procedures. The procedure shall require that the appeal be heard within seven business days. Additionally, community members may seek review of administrative decisions in accordance with GB(LOCAL).