Policy: Draft Revised_Use of Facilities and Grounds

Date Revised

August 4, 2020

Date Effective

TBD

Draft Revised_Use of Facilities and Grounds

Responsible University Official: Chancellor

Policy Owner:Vice Chancellor for Administrative Services

1.    Space Assignment Usage

Each facility has been designed for a primary function such as instruction, instruction-related programs, research activities, and public service. The university regulates the use of space to ensure that it is being used for its function and to aid in assuring overall development of program and activity planning. (See Appendix A)

2.    Facility Scheduling

Activities scheduled within facilities will be permitted according to priorities established by the scheduling authorities as presented in Appendix A. The priorities for use of campus facilities vary according to the facility type and may include timelines and calendar restrictions for specific facilities.

3.    Scheduling Authorities

Scheduling of specific facilities at UW-Platteville is delegated by the Chancellor to facility scheduling authorities identified in Appendix B. Scheduling authorities may determine whether to permit use of a facility based on UWS Chapter 21, UWS Chapter 18, RPD 4-21, state and federal laws, and this policy. Determination of facility use should relate to a legitimate university interest and may not be based upon the political, ideological, religious, or philosophical values of a group or individual requesting use of a facility. The designated university officials responsible for each facility shall ensure that this policy is followed, and that each facility develops individualized procedures consistent with this policy.

4.    Spontaneous Expressive Activity

To ensure the safe and appropriate usage of facilities, individuals and groups are encouraged to meet with the appropriate university officials tasked with events management (see Appendix B). The following expectations apply to spontaneous expressive activity:

• Assemblies, rallies, parades, pickets, and demonstrations are normally considered exterior or outdoor activities.
• Exterior university space may be reserved to ensure usage of desired areas. Reserved space is considered an authorized activity and can be afforded additional event protections.
• Contact Event Services for assistance with the organizational and administrative aspects of the event planning.

UW-Platteville students and employees have the freedom to discuss any problem that presents itself, as the First Amendment of the U.S. Constitution and Article I of the Wisconsin Constitution permit. Students and employees are permitted to assemble and engage in spontaneous expressive activity if such activity does not materially and substantively disrupt the functioning of an institution.

UWS 18 provides expectations of conduct and restrictions associated with conduct on or the use of facilities, specifically UWS 18.07(5) and UWS 18.11(4-5). Those expectations include, but may not be limited to:

• No hindering of entrance, exit, or normal use of facilities
• No unauthorized entrance into private office spaces
• No hindering of movement within stairways, corridors, etc.
• No signs supported by sticks or standards
• No intentional noise that interferes with sponsored or authorized activities
• No intentional employment of force or violence against individuals or property

5.    Cost Reimbursement and Rental Fees

Reimbursement costs and rental fees shall be established by the scheduling authorities (see Appendix B) in accordance with UWS Chapter 21, which distinguishes between organizations that are associated and are not associated with the university and whether the activities generate revenue (see UWS 21.03 and UWS 21.04).

A.    Establishment of Fees for Use of Facilities and Grounds

The scheduling authority for a designate space (see Appendix B) shall establish and publish rental rates for a space and shall facilitate invoicing for fees associated with use of the space. Scheduling authorities shall consider the following in establishing fees for use of facilities and grounds:

Academic Buildings and Facilities

1. The base rate ($.01/square foot/hour) for all facilities to cover the cost of heat, electricity, insurance, water, etc., is generally be applied to common classroom type facilities.
2. A special facilities rate is the base rate plus an additional amount to cover costs associated with special facilities such as laboratories, auditoriums, physical education and athletic facilities, etc.
3. The base rate will be reviewed by the Director of Facilities Management and changes will be approved by the Vice Chancellor for Administrative Services.

Auxiliary Buildings and Facilities 

d. Assessed fees for auxiliary facilities shall not exceed the base rate. No student fee funds shall be used to cover the rental fees for space in         auxiliary facilities.

e. Rental rates for auxiliary facilities will be developed by the Executive Director of Student Life and approved by the Vice Chancellor for        Administrative Services.

B.    Determination of Fees Related to Type of Event and Organization Requesting Use

1. Registered student organizations or university departments sponsoring events open to students and staff if the event is part of the regularly scheduled program series of the university will not be assessed reimbursement costs of using the facility, however, set-up, cleanup, and other special charges may be assessed.
2. Events scheduled by registered student organizations or a university department for the sole purpose of conducting an activity relating specifically to their program purpose will not result in charges unless set-up, clean up, staffing, special charges, or off hours involved.
3. Events relating specifically to UW-Platteville classroom instruction and/or administrative operations will generally be allowed without charge for use of state-funded facilities.
4. Events scheduled that do not relate to the specific program purpose of the recognized student organization or the university department may result in rental charges being assessed.

C.    Additional Charges for Use of Facilities and Grounds

1. Security-related charges may be applied to large-scale events (defined by this policy) and/or events requiring the Large Event Advanced Planning (LEAP) process. The University may charge the organizer/sponsor/individual for additional costs and expenses incurred for reasons such as security, staffing, equipment or property.  Such charges will be assessed in advance, if possible. The University and the party will sign a separate agreement to identify the additional needs and estimated additional costs prior to the event or activity.
2. Charges may be assessed when equipment is moved from a location from which it is typically stored.
3. Charges may be assessed for damages beyond wear and tear, and for repair or replacement of items.
4. Rental fees will be reviewed annually by the department administrator and/or the Vice-Chancellor of Administrative Services.

Funds collected through the implementation of this policy are to be placed in the appropriate general or program revenue account. Funds from the program revenue account should be used in the following ways:

1. Direct personnel support charges that were involved in the rental should be made against the account.
2. Scheduling authorities may request to use funds to replace equipment, repair damages, make renovations, etc.
3. Direct pay to custodial, maintenance, or security staff members is not permitted.

1. Activities scheduled during times when the facility is not ordinarily open or staffed require special coordination efforts with the appropriate scheduling authority, physical plant, and university police personnel.
2. Use must take into consideration the university’s overall resources and concerns for campus security.
3. Sponsorship by a recognized university organization is required for non-university-related individuals or groups.
4. Outside groups or organizations using university facilities or grounds must designate a person to be accountable for payment of all charges, and who will be responsible for signing the facility use contract.
5. A facility use agreement is required for non-university-related individuals or groups.
6. The university shall recover appropriate costs associated with the use of a university facility and may charge additional rental charges.

          This policy shall be reviewed and revised as needed with approval of the Chancellor or designee.

8.    Risk and Liability

The university shall manage the risks and potential liability associated with the use of each university facility, using the risk management techniques of avoidance, mitigation, transfer and acceptance. Depending on the nature of the group or organization (i.e. affiliated, sponsored, third party) utilizing the space as well as the planned activity a different technique or several techniques may be used.

Potential Required Documents:

• Hold Harmless Form
• Facility Use Agreement
• Certificate of Insurance

The above requires the user or participants to indemnify and hold harmless the Board of Regents, University and its officers and employees from any course of action or liability for injuries, illness, or death of persons in the employment or guest of the sponsored organization or group for the damage, loss or theft of property of such persons.

9.    Cancellation of Event

The University reserves the right to cancel, delay or change the date and time of any event or activity that will be held on campus property if there are legitimate reasons that warrant this action, such as illness, accident, or a force majeure event, including, but not limited to, acts of God, acts of nature, severe weather, epidemic, pandemic, public health order, quarantine restrictions, acts of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, and strikes. If such action is taken, the University will notify the sponsoring party or entity as soon as possible prior to the scheduled event, depending on the specific circumstances.  The University will also determine whether the situation warrants the reimbursement of any costs or expenses that have been incurred by either the University or sponsoring party or entity.

In addition to the above, the Vice Chancellor for Administrative Services shall have the authority to cancel an event upon receiving credible information that the prior or current statements or conduct of a group that plans to use and/or is using university facilities or grounds are direct to inciting or producing imminent lawless action and are likely to incite or produce such action or that the group has made "true threats" as that term is defined by law against members of the campus community. The determination shall not be made based on the political, ideological, religious, or philosophical values of the user groups.

The Chancellor or designee may take any final or official action to ensure the health and safety of the campus community in accordance with Wis. Stat. Chapter 36, UW System Board of Regent policy, UW System Administrative policy or University of Wisconsin-Platteville policy.

Requesting Use of University Facilities and Grounds

1. Requests for use of university facilities and grounds directly related to academic use shall be submitted to the Office of the Registrar.
2. Requests for non-academic use of university facilities shall contact Event Services to initiate the request.
3. Depending on the location of the facility or grounds being requested, Event Services may direct the requestee to the appropriate scheduling authority. Examples include requests for use of the University Farm, Pioneer Field House, and facilities and grounds at branch campus locations.