PRESIDENTIAL MEMORANDUM #60 4th Revision

Original Issue Date:	February 19, 1982
1st Revision Date	July 1, 1983
2nd Revision Date	September 28, 1984
3rd Revision Date	August 26, 1991

April 23, 2001

Subject:  Use of University Property and Facilities

Purpose

The purpose of this memorandum is to establish policy and procedures for implementing Use of University Property and Facilities, Rule 6C5-6.005, Florida Administrative Code.

General Guidelines

This policy applies to all Florida Atlantic University campuses and facilities except events scheduled within the University Center Complex, in meeting rooms or in the auditorium, and except for regularly scheduled athletic games.

In general, priority for the use of University property and facilities will be given to users and activities that advance the mission and purpose of the University to the greatest degree. Scheduled instruction, research and service activities accounted for in the University's budget, in that order, shall have first priority for use of academic facilities. Student-generated activities have first priority for use of facilities designated for student use. All uses of campus property and University facilities, other than scheduled instructional, research and service activities ("non-academic uses"), must be approved by the University Architect and Vice President or designee; primary designee shall be the Director of the Office of Space Utilization and Analysis ("OSUA"). The Vice President, Broward Campuses or designee must approve all uses of Broward County Campus property and facilities. The Vice President, Northern Campuses or designee must approve all uses of property and facilities on the Northern Campuses. Unauthorized use of campus property and University facilities is prohibited.

Non-academic use of campus property and University facilities may be approved by the Director of OSUA provided that such use:

1. contributes to the mission and purposes of the University to more than an incidental degree (such as a use which advances educational or community interests); and
2. is not in competition with University programs; and
3. complies with University rules and charge schedules; and
4. does not interfere with other proper functions of the University; and
5. does not result in the deterioration of University facilities without reimbursement to the University.

Persons using University property and facilities must comply with University rules including lawful directives of University Facility Administrators, University police or other University officials. Violators will be subject to appropriate disciplinary action or removal from campus or both. (See Trespass and Loitering Rule 6C5-7.008, Florida Administrative Code.)

Procedures

1. The University President, through this policy memorandum, delegates to the appropriate University employees responsibility for administration of University facilities in accordance with the rules and procedures of the University. These persons shall be known as "Facility Administrators." See Attachment 1 for a listing of Facility Administrators. The Director of OSUA will administer any space on campus to which a Facility Administrator is not assigned. Attachment 1 will be reviewed and updated by the Director of OSUA at least annually.

2. Requests for use of University property and facilities may be made by individuals and organizations "inside" the University (Schedule A and B users as defined in Attachment 4) and "outside" the University (Schedule C and D users as defined in Attachment 4). Requests are to be submitted to Facility Administrators on the Facilities Use Application, Reservation and Estimated Charge Schedule form, hereinafter referred to as "the Application" (see Attachment 2). Administrators may use a more comprehensive form than Attachment 2, as long as the form is approved by the Director of OSUA.

3. The Facility Administrator will make an initial determination whether the request meets the requirements outlined in this policy memorandum and whether the facility is available for the requested dates, and will advise the applicant accordingly. Each Facility Administrator shall establish procedures, consistent with this policy memorandum, for assigning priorities for competing requests.

4. If the Facility Administrator determines that the requirements are not met, he or she will not forward the request to the Director of OSUA. If the requirements are met, the Facility Administrator will complete Part "A" (Event Information) and Part "B" (Estimated Charges) of the Application and secure the applicant's signature. The Application form will be signed by the Facility Administrator and will be forwarded to the Director of OSUA for determination and completion of Part "C" (Approval) and distribution.

5. Determinations made by the Director of OSUA as to the suitability of a proposed use of campus areas and facilities or user classifications shall be final. The only basis to appeal the Director's decision is a claim that the determination made by the Director violated University rules or state or federal law. Appeals must be submitted in writing to the University Architect and Vice President within seven (7) days of the date of the Director's determination

6. If the request from an outside organization or individual is approved, the Director of OSUA, the Facility Administrator and the applicant will execute a Reservation and Facilities Use Agreement (Attachment 3). If the request is denied by the Director of OSUA, both the applicant and the Facility Administrator will be notified in writing by the Director of OSUA.

7. A Facility Administrator may use a more comprehensive agreement than Attachment 3; however, the alternate agreement format must first be approved by the University General Counsel and the Director of OSUA.

8. Payments for use of facilities by individuals and organizations outside the University must be made in advance of such use, unless another arrangement for payment has been approved by the Facility Administrator. Facility Administrators may require advanced payment from University departments and student organizations as well.

9. Upon approval, the Application, outlining estimated charges, will be returned to all C and D users with a standard University invoice form attached. A non-refundable deposit equal to ten percent of the base rental fee will be collected at the time the Agreement is executed. The Facility Administrator may recommend that the collection of the non-refundable deposit be waived using criteria such as previous use or upon receipt of other adequate written justification by the applicant for such waiver. The recommendation to waive the deposit must be reviewed and approved by the Director of OSUA.

10. Estimated charges, as outlined on the approved Application, are to be paid no later than 30 days prior to the reservation date. The University will calculate final charges upon completion of the activity and bill the user for additional charges or reimburse the user for excess payment.

11. Payments for the use of facilities are to be made by check, payable to Florida Atlantic University and mailed directly to the University Cashier's Office with a copy of the Application attached. Payments will be deposited in University accounts by the University Controller according to state procedures. In the event of overpayment by the applicant, the Facility Administrator will process a request for a refund of the overpayment through the University Controller's Office.

12. All C and D users must furnish to the University, at least ten days prior to the activity, proof of public liability insurance coverage in the amount of $500,000 each claim (Property Damage & Bodily Injury) and $1,000,000 each occurrence (Property Damage & Bodily Injury) or $1,000,000 combined single limit (Property Damage & Bodily Injury), naming the University, the Florida Board of Regents, the State of Florida and their officers, agents and employees as added insureds, issued in form and by a company which is acceptable to the University.

    Additionally, B users utilizing an outside vendor to provide a service, which is operated under the vendor's control, must require the vendor to furnish to the Director of OSUA proof of public liability insurance coverage as outlined above.

Fees and Other Charges

1. Use fees and other charges for use of University facilities are based on the type of user as outlined in the Facilities Use Charge Schedule (Attachment 4). "Use fees" refers to charges for the use of space; it does not include related charges, such as material, labor or any special services needed.

2. In consultation with appropriate University personnel, including the Director of OSUA, Facility Administrators will prepare schedules of costs to be charged for the use of their respective facilities in accordance with the Facilities Use Charge Schedule (Attachment 4). Recommended changes to cost schedules must be submitted to the Director of OSUA for approval and shall not be implemented until approved.

3. University departments and the Student Government will not be charged use fees for University facilities except under certain circumstances where an admission is charged or monetary donation is accepted or for events that take place at a facility which is an auxiliary operation. All persons or groups other than University departments and the Student Government will be assessed use fees as noted in Paragraph 1 of this section. This does not preclude charges for any special services for the event.

4. Charges for material, labor and special services required for an event are assessed to the user on the basis of the established cost schedules prepared for each facility. Where the appropriate charge for a service is not specified on the applicable cost schedule, the charge will be negotiated with the user.

5. Event sponsors must clean up and remove all decorations, trash and other items associated with their event, immediately after the event is over. Failure to do so will result in the assessment of a clean-up charge.

6. All ticketed events on the Boca Raton Campus are administered through the University Center Box Office. An applicable administrative fee is added to the price of each ticket. This fee may not be waived or reduced, unless a written request for waiver or reduction is approved by the University President or his/her designee, the University Architect and Vice President. The University Center Box Office will assist the partner campuses with their ticketing needs if desired.

7. The University President may waive the fee for the use of any University property or facility or may reclassify a user from one charge schedule to another. Applicants seeking a waiver must submit written documentation specifying the basis for waiver request to the Facility Administrator with the Application.

8. Such requests, if approved, may need to be subsidized in order to reimburse the facility for expenditures. In order to be reimbursed, the Facility Administrator must provide documentation of all expenditures to the University Architect and Vice President.

Refusal, Reassignment or Cancellation of Requests to Use University Property or Facilities

The reservation and use of University property and facilities is a privilege and not a right. The University reserves the right to refuse a request for use of University facilities or to reassign or cancel any space reserved by any person or group. The Facility Administrator or Director of OSUA will notify the applicant in writing, as soon as practicable, of any decision refusing the request for use of space or the reassignment or cancellation of a reservation.

1. A refusal of a request for the use of University property may be based upon lack of available space or suitable facilities; lack of substantial contribution of the proposed activity to the mission and purposes of the University; previous misuse of property or facilities by the user; previous failure to abide by the terms and conditions of the facility's use by the user; previous conduct of the user or other circumstances deemed appropriate by the Facility Administrator or Director of OSUA.

2. Reassignment of a space reservation may be based upon needs of University programs, maintenance and repair requirements, inadequate staffing or other reasons related to the orderly conduct of the affairs of the University.

3. Cancellation of a reservation may occur when the reservation has been accomplished through an inappropriate means, the use of a facility is not in conformity with the stated use, in contravention of established rules or for other circumstances deemed appropriate by the Facility Administrator or Director of OSUA.

4. The Facility Administrator or Director of OSUA may place reasonable restrictions or requirements on the use of a facility.

Use of University Facilities, Services and Equipment by University Employees

If a University employee wants to use University facilities, services and/or equipment for the purposes of conducting an outside activity, several factors require consideration and compliance.

1. A University employee cannot normally expect to use University facilities, services or equipment to engage in an outside activity.

2. A University employee may rent facilities for outside activities under the same terms, conditions and contractual agreements that apply to external Schedule D users (Attachment 4).

   1. The use of University resources will be allowed only on a non-interference basis to the extent that no more than normal depreciation of University equipment is experienced and to the extent that the use of University services and equipment will not result in added expense to the University.

   2. In those instances where added expenses will occur, the user will be charged an appropriate fee for services and equipment.

3. In order to allow for uniformity in application of the process of charging for the use of facilities, services and/or equipment, the Report of Outside Business or Professional Activity and the University Equipment, Facilities and Services (for use in outside activities) form (Attachment 6) must be completed. University employees desiring to use University facilities, services and/or equipment must complete this form and have it authorized as indicated, prior to commencing such activity. Each approval will be limited to dates that are within the University's fiscal year, and therefore each request must be renewed if it spans more than one fiscal year.

4. The amount that constitutes an appropriate reimbursement for use of University resources can be determined by using the Guidelines for Establishing Rates for Reimbursement by University Employees for Use of University Facilities, Equipment and Services (Attachment 5).

5. Payment for use of University resources must be made by the employee on at least a monthly basis and must be submitted along with a copy of the authorization form (Attachment 6) to the University Cashier. Verbal authorization to proceed with an activity prior to execution of the authorization form should only be granted on an exception basis. Such exception must be documented and the documentation must be kept on file. A copy of the documentation must be sent with the payment, when made.

6. If the amount submitted requires adjustment at the closure of the activity, an amended form and a copy of the original form (along with payment, if applicable) shall be submitted to the Controller for processing. Reference should always be made to the appropriate University department number.

Special Provisions

1. Event sponsors are responsible for providing and bearing the costs of adequate security and traffic control for their events.

   1. Security and traffic control for all events held on the Boca Raton Campus are under the jurisdiction of the Director, University Police Department. All event attendees are subject to the University Traffic Rules, a copy of which can be obtained from the Traffic and Parking Department.

   2. For events held on all other Florida Atlantic University campuses, the event sponsor must abide by the security and traffic control regulations of the authority having jurisdiction.

2. The possession or use of unsafe items and materials or the creation of conditions on campus that are potentially injurious to life, property or are disruptive to the essential operation of the University are prohibited. This prohibition encompasses, but is not limited to, firearms, explosive devices, aircraft, parachutes, potentially dangerous animals, unsafe vehicles and unsafe mechanical or electrical devices. The Director, University Police Department, or other designated official on each campus is responsible for enforcing this provision.

3. Policy Memorandum #19X specifies the use of alcoholic beverages and is incorporated by reference into this policy statement.

4. Policy Memorandum #78 describes University policy, prohibitions and provisions for a Drug-Free Workplace and is incorporated by reference into this policy statement.

5. Policy Memorandum #80, Regulations for Posters, Notices, Temporary Ground Signs and Banners describes University policy relating to event advertising on campus and is incorporated by reference into this policy statement.

6. The University has designated certain areas as public areas. These areas may be used for lawful and non-commercial speech. Use of these public areas must not interfere with the orderly operations of the University or adversely affect the safety and welfare of persons on campus (see Policy Memorandum #89).

Anthony James Catanese
President and Professor

Distribution:  Vice Presidents, Deans, Department Chairpersons, and Directors

Contact Area:  Office of Space Utilization and Analysis

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