THE CITY UNIVERSITY OF NEW YORK
POLICY REGARDING USE OF COLLEGE FACILITIES
ADOPTED BY THE CUNY BOARD OF TRUSTEES 2/28/2005
I. INTRODUCTION
The principal function of the facilities of The City University of
New York is to provide a setting to enable the University to carry out
its primary mission of education and research. These facilities should
not be put to any use that may conflict with, or impede, this mission.
However, in recognition of its role as an urban public university, the
University takes upon itself a special responsibility to permit
responsible individuals and groups not affiliated with the University
the use of its facilities, at such times as they are not in use for the
University's primary education and research mission, within the
parameters of this policy. In making available its space to
non-affiliated users, the University in no way takes responsibility for
the contents of any program or any controversy engendered by any
program presented at its facilities by such users.
II. RESPONSIBILITIES AND PRIORITIES
The use and scheduling of college facilities shall be under the
control and supervision of the chief administrative officer, or his or
her designee(s), of each college, including the University's central
office, law school, and graduate school and university center, as well
as its senior and community colleges.
First priority of use of a college's facilities shall be given to
college departments, divisions, programs and offices for curricular,
administrative and other college purposes. Thereafter, priority shall
be in the order set forth below. Colleges are not required to make
their facilities available under all five categories, but shall permit
use under categories 1 through 4, subject to the provisions of this
policy.
1. Users affiliated with the college, including:
a. recognized student organizations;
b. academic or professional organizations made up of persons on the
college staff, provided each such organization is open to all members
of the staff of such rank or ranks as are admitted to membership;
c. other recognized organizations drawing membership without restriction from the membership of the college staff; and
d. auxiliary enterprise corporations, college associations, child
care centers, arts centers, foundations and alumni associations.
2. Sister colleges at the University.
3. Other academic or professional organizations.
4. Government agencies and non-profit organizations of an
educational, scientific, cultural, social, civic, religious, or similar
nature.
5. All commercial, partisan political and other users.
Users in each category shall be treated on a uniform basis. Use by
union organizations shall be governed by the applicable collective
bargaining agreement with the University.
C. The University shall deny use of college facilities to:
1. Users that refuse to employ at their event the security personnel
required by the host college. Users of college facilities must abide by
the University's Private Security Policy (adopted by the Board of
Trustees on March 21, 1994, Cal. No. 4), as it may be amended, which is
incorporated into this policy.
2. Users that previously submitted a false application or that have previously violated the terms of a use agreement.
3. Users that plan to use college facilities in a manner that
obstructs or disrupts college operations, interferes with freedom of
movement on campus, exposes persons or property to safety hazards or
risk of injury, or is unlawful.
D. Fees for the use of college facilities shall be determined as follows:
1. Each college shall establish and make available a fee schedule,
approved by the chief administrative officer of the college, for those
facilities on its premises that it makes available for use by others.
2. Colleges may vary the fee for a particular facility based on the
category of user, e.g., affiliated users, non-affiliated non-profit
users, commercial users, partisan political users.
3. Additional services, such as extra housekeeping, special
security, catering, technicians, and equipment shall be charged to the
user at cost.
4. The amount charged to affiliated users and sister colleges should
not exceed the host college's direct costs for use of the facility. If
the affiliated user or sister college is co-sponsoring an event with
one or more outside organizations, the amount charged should be limited
to that which may be apportioned to the outside organizations and which
the host college would charge if it were the co-sponsoring college.
5. Fair market value must be charged for partisan political use.
E. Use of college facilities may be subject to reasonable time, place and manner restrictions.
III. PROCEDURES
A. Applicants for use of a college's facilities shall provide the
college with the following information: the name, address and telephone
number of the individual or group making the request; whether it is a
non-profit or commercial entity; the facilities (and any attendant
college services) requested; a detailed description of the proposed
use; the number of persons expected to use the facility; the time(s)
and date(s) for the requested use; and the amount of any admission fee
to be charged and its intended use.
B. Individuals and groups that have received approval to use a college facility are required to:
1. Comply with all applicable University and college rules and
policies, and applicable local, state and federal laws, including but
not limited to the Fiscal Handbook for Control and Accountability of
Student Activity Fees, the July 14, 2003 regulations issued by the
Office of the Senior Vice Chancellor regarding outside groups holding
graduation ceremonies at college facilities, the October 14, 2004
Administrative Advisory Memorandum issued by the Office of the General
Counsel regarding use of college facilities by candidates for public
office, and fire, health and safety regulations.
2. Assume full responsibility for any loss, damage or claims arising out of their use of the facility.
3. Pay the appropriate use fee and other charges for the use of the facility and related services.
4. Indemnify, defend and hold harmless the University, the college,
the Dormitory Authority of the State of New York, State of New York,
the City of New York and the appropriate University related entity
(where applicable), as well as their officers and employees, from any
liability arising out of the actions of the user, its agents, employees
and invitees, incidental to the use of the facility by the user.
5. Provide evidence of appropriate and adequate insurance protection
covering property damage, personal injury, or death arising out of the
use of the facility. The chief administrative officer of the college
may waive this requirement for government agencies and not-for-profit
users upon a determination that there is minimal risk exposure to the
college from the event.
6. Execute a written agreement with the University setting forth
these requirements as well as any additional requirements pertaining to
the use of the facility.
C. In all cases, the University and the colleges reserve the right
to require and provide, at the user's expense, such security personnel
and technical experts as may be needed to insure order and safely on
its premises.
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