Guidelines for Non-Credit Use of Campus Facilities

Policy Information
Policy Title	Guidelines for Non-Credit Use of Campus Facilities
Responsible Office	Vice President for Student Affairs
Policy Type	Facilities and Property
Policy Number	410
Last Revision Date	7/27/2016

Purpose

The intent of this statement is to provide guidelines for use of Binghamton University facilities and services for non-credit activities consistent with the purposes, policies, and mission of the University: teaching, research, student life and public service.

For non-credit use of facilities, Binghamton University will ordinarily charge non-University organizations a Facilities Use fee and other associated costs designed to cover the extra costs of services provided by the University for such events held in University facilities or on University grounds. Examples of such costs include but are not limited to Conference & Event Services office expenses, maintenance and repair, food service, equipment replacement, damages, University Police, parking services, and the Income Fund Reimbursable (IFR) administrative charge.

Generally, no facility charges will be made to Binghamton University departments, offices or authorized student activities for use of facilities. Charges may, however, be levied when such activities generate additional costs.

Policy

General
Use of Binghamton University facilities is intended primarily for official University units and officially recognized faculty, staff, and student groups conducting programs consistent with the University mission and objectives. However, to further its commitment to education and public service, Binghamton University supports the use of University facilities by non-University organizations where such use does not infringe upon, compete, delay or conflict with the normal operation of the University. In making its facilities available to non-University organizations, it is not the intent of the University to compete with private business enterprises having similar facilities of adequate capacity to accommodate the needs of the organizations.
Definitions
1. University facilities include University land, grounds, structures, buildings, equipment and furniture.
2. Non-University organizations shall be deemed to include:
  1. Federal, State or local government units, departments and agencies.
  2. Business, charitable, civic, community, cultural, educational, entertainment, industrial, labor, political, professional, recreational and religious organizations, operating on a not-for-profit basis and whose activities are consistent with and in furtherance of University purposes. Commercial enterprises may use University facilities with appropriate approval(s) pursuant to applicable portions of this policy.
  3. The University will permit the use of its facilities for events such as weddings, receptions, bar mitzvahs, etc. provided approval by the University has been granted, liability insurance requirements are met, and appropriate expense recovery is enforced.
  4. However, organizations of the following nature shall not be governed by the terms of this policy:
    - Auxiliary services corporations;
    - Recognized University or campus student government organizations;
    - University or campus alumni organizations;
    - University or campus-related foundations;
    - Inter-campus organizations composed primarily of University employees such as the business officers, purchasing agents, personnel officers, continuing education directors and librarian organizations; and
    - Cultural, recreational or social groups comprised of University or campus faculty and staff members or, subject to the approval of the campus president, members of their immediate families.
Restrictions
1. Business or commercial enterprises may be authorized by the President or his designee to operate on the campus or in facilities furnished by the University, but only to provide for food, legal beverages, campus bookstore, vending, linen supply, laundry, dry cleaning, banking, barber and beautician services, child care, cultural events, delivery of goods or services to campus residents, or to provide a few other contract services such as:
  1. Telecommunications;
  2. Copying equipment, and
  3. The maintenance and repair of facilities, in support of the operating needs of the campus or incidental to the needs of the non-university organizations authorized to use campus facilities.
2. Outside food caterers are not permitted to conduct business on campus other than as authorized by the President or his designee.
3. Business or commercial enterprises may only utilize University facilities for the conduct of internal training, educational programs if it is part of a joint program sponsored with a recognized school or department, business shows and fairs.
4. In accordance with University Policy, Binghamton University Police Department is the sole provider of police services on University property.
Fund Raising
1. Chartered student organizations and other recognized University organizations may utilize University facilities for the purpose of fund raising, providing the student organizations follow the Student Association at Binghamton University and/or Graduate Student Organization guidelines as well as the University guidelines. Other recognized University organizations must follow University guidelines. University guidelines include the adherence to local, state and federal statutes and the prohibition of door-to-door solicitations and the restriction of such fund raising efforts to "public" areas (i.e. University Union lobby, walkways, roadways, etc.) unless otherwise specified by the University. All such fund raising events are subject to approval by the University. Student organizations may raise funds for educational, cultural, social and recreational purposes.
2. Non-University organizations as defined in Section B.2.b above may also raise funds or solicit donations, providing the activity conforms to University guidelines, local, state and federal statutes and is conducted in "public" areas, unless otherwise specified by the University. Such events must not interfere with ongoing activities of the University. In addition, such funds solicitations must be combined with an appropriate distribution of literature or information of educational value to the recipient.
  
  Finally, non-University organizations whose purposes are to provide charitable or public benefit services may charge admission, again, subject to the pertinent local, state, and federal statutes. Where admission fees are charged, the organization shall make it known in all publicity that the proceeds are for the benefit of the organization and not the State University of New York, State of New York, or Binghamton University.
  
  All non-University organizations utilizing facilities for such fund raising ventures may be requested to provide a proposed budget for the venture indicating anticipated revenues and expenditures, and may also be requested to provide a financial statement of the activity subsequent to the event.
Religious Activities
Religious organizations may be authorized to utilize University facilities for the conduct of conferences or meetings. However, authorization may not be given for the express purpose of a religious service other than at the request of a group of University students, per Item 076, Policy Handbook, State University of New York. (See Appendix D)
Fees Charged
Fees will be charged for use of University facilities. Revenues generated from such fees will be utilized to defray in part the costs of the Conference & Event Services office, maintenance, repairs and equipment replacement and the IFR administrative fee.
Non-Discrimination Clause
There shall be no discriminatory practices in connection with any event because of race, color, creed, national origin, age, sex, religion, disability or sexual preference.
Implementation
The Conference & Event Services Office together with the endorsing department will be responsible for implementing these guidelines for use by non-University organizations, and for all conferences; the University Union Office will be responsible for implementation for all other use related to students.
Campus Events Coordinating Committee
The University President shall appoint a Campus Events Coordinating Committee to act in an advisory capacity to the all event-endorsing departments. In addition, the Committee will be charged with the periodic review and update of these guidelines, subject to the approval of the campus President.

Procedures

Requests for non-credit use of any University facility by a non-University organization or a University organization sponsoring a conference must be made to either the Conference & Event Services Office or appropriate endorsing department administrative office, e.g. Sports Camps to Athletics, On-Stage Performing Arts to Anderson Center, etc. All student group requests for non-credit use of University facilities must be made to the University Union Office.

Scheduling of Events
In order to insure appropriate scheduling of facilities and the observance of regulations concerning use and financial responsibility requirements, all requests for non-credit use of University facilities must be made in writing to the Conference & Event Services Office, endorsing department, or the University Union Office based on the following schedule:
1. Meetings, information tables, etc.--At least four (4) weeks prior, but no sooner than six (6) weeks prior to the event.
2. Conferences (not involving dormitory facilities), tournaments, seminars, athletic events, workshops, etc.--At least eight (8) weeks prior.
3. Annual University conferences or conferences involving dormitory facilities--At least three (3) months prior.
  
  All requests for reservations more than twelve (12) months prior to the event shall be subject to approval by the Campus Events Coordinating Committee. Requests for use of facilities made after the minimum deadlines may be accepted by the University if workload allows.
Priority of Scheduling
1. Official University use of all facilities shall have first priority.
2. Requests for use of facilities for official purposes by Binghamton University affiliated groups, SUNY-Central administration and New York State Government agencies will be given approval over other non-University organizations as defined in Policy, Section B of these Guidelines.
3. Once a commitment for facility usage has been made to a non-University organization, the organization will not be cancelled or displaced other than as provided for in paragraph F (cancellation) of this Procedures section.
Application
Requests should be made on forms or in other approved correspondence provided by the Conference & Event Services Office, University Union Office, or endorsing department and should contain all necessary information including but not limited to:
1. name and function of the group;
2. name of individual responsible for the event;
3. purpose of the meeting;
4. preferred meeting date;
5. University facilities (rooms, spaces, parking, etc.) , food service, electronic media equipment, personnel required and other special needs;
6. budget and sources of funds;
7. number of attendees;
8. Liability statement, including certificate of insurance with declarations page naming the State of New York, State University of New York, and Binghamton University as additional insured.
Eligibility
1. All requests will be reviewed by the Conference & Event Services Office or University Union Office for conformity with State University regulations and Binghamton University policy, including the following conditions:
  1. Eligibility of the group;
  2. Consistency of the purposes of the event with the general objectives of the University;
  3. Filing and executing the necessary documents.
2. Both the reserving organization and the purpose of the proposed event will be subject to approval by the Conference & Event Services Office or University Union Office as being compatible with these guidelines. When a clear determination of eligibility cannot be made by the Conference & Event Services Office, the request will be forwarded to the Campus Events Coordinating Committee for a final determination.
Notification
Reserving organizations and facility managers will be notified by the endorsing department of the determination of eligibility and available dates. Scheduling and detailed service request arrangements will be the responsibility of the endorsing department.
Cancellation
Binghamton University reserves the right to cancel any prior facility use authorization for extraordinary circumstances such as, but not limited to, those involving consideration of public health, welfare and safety. In addition, any individual or group of individuals who fail to comply with the University regulations, any special regulation which may apply to a particular facility or these Guidelines may suffer cancellation of the facility use authorization and also may be denied any subsequent authorization. A fully executed Revocable Permit must be in effect prior to the event.
Publicity
All information and promotional materials prepared by a reserving organization in conjunction with an event scheduled on the campus must state who the sponsoring group is and must not in any way imply sponsorship by Binghamton University unless specifically approved by the University. Prior approval of the material may be required by the University. Public advertisements, press conferences, and press releases for non-University organization activities shall be subject to approval by the conference coordinator as the University President's designee.
Sponsorship
1. Faculty or Staff Requests: The proposed use of space by faculty or staff for non-credit use will be subject to endorsement by the appropriate academic department chair, administrative office or other officially recognized University unit. No authorization will be given to an individual faculty or staff member to utilize University facilities for an event which is solely for the personal gain of the individuals (i.e., private benefit parties, etc.). This provision does not apply to individual or family use of facilities for attendance at programs taking place in such locations as gymnasiums, or other recreational areas. The endorsing department is responsible for all damages, losses, or unrecovered expenses incurred during or as a result of the activity.
2. Student or Student Group Requests: The proposed use of space by students and student groups will be subject to endorsement by an organization recognized by the Student Association at Binghamton University, the Graduate Student Organization at Binghamton University, or Binghamton University and must meet criteria established by the University Union Office and this policy.
3. Non-University Groups:
  1. The proposed use of space by non-University groups will be subject to endorsement by the Campus Conference officer.
  2. Commitments regarding use of Binghamton University facilities may be made only by the Conference & Event Services Office and only after consideration of a formal application.
  3. Individuals with room or building responsibility responding to personal or telephone inquiries concerning the type of facilities and/or services available should not convey any impression that a commitment of facilities or services has been or will be made. The individual or organization should be referred to the Conference & Event Services Office to complete a formal application for use of facilities.
Indemnification
It shall be understood and agreed to by a requesting individual or organization that said individual or organization shall be solely responsible for compliance with all applicable laws, rules, orders, regulations, codes, and requirements of federal, state and local governments. In addition, the individual or organization shall indemnify and hold harmless the State University of New York, the State of New York, and Binghamton University from and against any damage, fine, judgment, expense or charge suffered, imposed, assessed or incurred for any violation or occasion by any act, neglect, or omission of the organization, its servants, employees, or agents.

In the event of any damage or injury to the equipment or facilities provided by the University under these guidelines caused by the negligence or improper conduct of the individual or organization, its agents or employees, the individual or organization shall cause the said damage or injury to be repaired or remedied as speedily as possible at its own cost and expense. Notwithstanding the above, if any loss is the result of negligence on the part of the University, the individual or organization shall be released of its responsibility for replacement of lost or damaged equipment or facilities.
Financial Arrangements
1. Billing: The endorsing department will be responsible for billing appropriate users for utilization of University facilities.
2. Food Service: All required food service will be provided by the Binghamton University Dining Services. The organization requesting food service shall be financially liable for the number of meals and food requested, and shall guarantee to have guests appear for food service promptly as scheduled. A guaranteed number of guests may be required for each meal. Additional costs incurred by the University Dining Service due to failure to meet these arrangements shall be paid by the reserving organization.
3. Deposits: Any University group may be required to make a deposit for services. For non-University groups, a deposit will be required at the time the reservation is confirmed by the Conference & Event Services Office. Normally, conferences or events for which billing of $500 or more is anticipated must have a deposit equal to 5% of projected billings on file with the Conference & Event Services Office 60 days prior to the event. This deposit will be held intact by the Conference & Event Services Office until the conclusion of the event and assessment of charges. Should there be any damages not covered by appropriate insurance, if applicable, the cost of such damages will be deducted from this deposit, or billed to the group if damages exceed the deposit.
  Should the event be cancelled, through no fault of the contracting party, the deposit will be refunded less any expenses incurred by the University. However, should the contracting party default on the scheduled event, the deposit will be retained by the University. Any exceptions to this policy will be subject to approval by the Campus Events Coordinating Committee.
4. Insurance: Non-University organizations must carry adequate insurance covering their interests as well as naming the State University of New York, New York State, and Binghamton University as an “additional named insured" for the dates University facilities are to be used.
5. Reporting Requirements: If admission is charged or donations are solicited by an organization for an event held at Binghamton University and proceeds are not received and disbursed by an authorized University fiscal and disbursing agent, a financial report showing gross income, itemized expenses, and proposed use of net income may be required by the Conference & Event Services Office.

Appendix A

The SUNY Board of Trustees, University Policy on the Use of University Facilities by Non-Commercial Organizations dated June 27, 1979 required, among other things, the following action at the campus level:

The council of each University campus shall establish policies and procedures on the use of local facilities by non- commercial organizations consistent with the SUNY Board of Trustees policy (Article 7), and
Occasional users (using facilities less than 29 days in a year) shall compensate the University for any additional costs, over and above the normal operating costs, if any, incurred in providing facilities (Article 10), and
Other users (using the facilities for 30 or more days) shall compensate the University for facilities in accordance with charges determined by the Vice Chancellor for Capital Facilities or his designee pursuant to standards established by the Office of Capital Facilities (Article 10).

Accordingly, to defray, in part, the costs of the Conference & Event Services Office, maintenance, repairs, equipment replacement and the IFR administrative fee, the following charges have been developed for use of SUNY-Binghamton facilities. Additional costs such as special set-ups, additional security personnel, student managers, maintenance personnel required on an overtime basis, utilities, air conditioning, or heat required during a period when the campus is observing a shut-down or reduction of service for energy conservation purposes, or other costs required as a result of specifications for the scheduled event will also be billed to the participating organization.

Where organizations are given permission to utilize facilities for an extended time period (weekly meetings, conferences, etc.) or under other unusual circumstances, the Conference & Event Services Office or University Union Office may develop a composite rate for the entire event. Such rates must be reviewed and will be subject to approval by the Vice President for Administration.

An exception to the standard schedule of charges will be made for University groups, including student organizations, when events are held in lecture hall or classroom facilities. When such events require the hiring of a projectionist and/or sound technician, this individual will assume the additional responsibility of house manager. This individual will assess the condition of the facility both before and after the event. If possible, this will always be done in conjunction with a member of the sponsoring organization. A report will be filed by the person acting as house manager to the appropriate administrative office. If damage has been done, or extraordinary cleaning has been required, the sponsoring organization will be billed for such expense and will be responsible for reimbursing the University.

When University groups, including student organizations, use such lecture hall or classroom facilities for fund raising events and neither a projectionist nor sound technician is needed, the group will be responsible for paying for an approved house manager who will conduct the required inventory and assessment, if possible, in conjunction with a representative of the sponsoring group.

Charges

Generally, charges will be applied to University and non-University groups as follows:

Type of Facility Usage	Fee to be Charged (exclusive of direct costs)

Normal Academic and Staff Program	No Charge
University Related Activities	No Charge
— Binghamton University Council
— University Women
— Dept Offerings for Members of University Community
— Binghamton University Foundation
— Binghamton University Alumni Meetings
— Student Organization Meetings & Events
University Sponsored Conferences	No Charge
(fee charged to cover incidental expenses)
— For Binghamton University Community Only
University Sponsored Conferences	No Charge
(fee charged to cover incidental expenses)
— For Benefit of Local and Sister Campus Participants
University Sponsored Activities (fee charged)	$5 per participant per day in lieu of facility charge, or facility charge if less; except a $1 per participant charge may or may not be levied against BU participants.
— Primarily for benefit of non-Binghamton University members
— Public Service Programs PACE
— Nursing Seminars
— SOM-Industry Related Activities
— Athletic Clinics
Non-University Affiliated Usage	Full Fee
University Groups, Organizations or Activities Which Create Additional Workload	Will be responsible for personnel, damage, cleaning required and all direct costs

Appendix B

Statement of Use of University Facilities

(Based on a Report of a Committee on Use of University Facilities,
Endorsed by the University Administrative Conference),
(Resolution #56-88)

Every college or university has a responsibility to develop its students as fully participating citizens; this includes the development of political literacy. The University has a definite responsibility for sponsoring some kind of non-partisan forum for the exchange of political ideas and for encouraging the formation of students own partisan organizations.
Student partisan political organizations are not different from any other student organizations as to regulations governing recognition, membership, sponsorship, and use of facilities. The college, in permitting such groups to use its facilities, is responsible to see that there is equal opportunity for meetings of the various student groups either for those groups’ own membership or for students generally.
When students sponsor activities which include the general public, they should bear in mind that in each case the institution is being represented to the public and that the institution must, therefore, be assured that the activity is in conformity with its purposes. These purposes will largely determine the type and extent of faculty or administrative control over the scheduling of such events.
Assemblies and convocations focused on political matters are appropriate means for augmenting curriculum offerings, enriching the cultural background of the students, and providing contacts with leaders outside the college faculty. Therefore, the University should welcome and encourage meetings of this kind. To the extent that space permits, the college-sponsored meetings for students should be open to interested members of the public.

The number, form, and time of such programs are matters for the discretion of the college. This should, however, include partisan as well as non-partisan subjects and leaders and should promote interest in, and understanding of, our political governmental system, especially the responsibilities and opportunities of the citizen through our party system. The college accepts responsibility for insuring that any partisan program be part of a scheduled series which represents a balance of views.
Upon proper application to an administrative officer, non-partisan groups ordinarily may be permitted to use the facilities of the college for discussion of political or civic issues. Approval, however, will be granted subject to such conditions as the College Council or administrative officer may require, and only if the desired facilities are available without interference with regular student or faculty activities.
Partisan Political organizations may be permitted to use the University facilities under the following conditions already noted and additionally subject to the following conditions:
1. That the proposed meeting give promise of contributing to the educational purposes of the Institution;
2. That the institution sees a reasonable possibility of making the facilities available for other viewpoints to be presented.
Persons who advocate the overthrow of our government by violence will be denied the privilege of use of university facilities.

Appendix C

Policy on Use of University Facilities
By Commercial Enterprises
(Trustees' Resolution 79-99)

Board of Trustees Resolution No. 66-156 as amended by Resolution 73-56 adopted February 28, 1973, and further amended by Resolution 79-99 adopted May 23, 1979, reads as follows:

No authorization will be given to private commercial enterprises to operate on State University campuses or in facilities furnished by the University other than to provide for food, legal beverages, campus bookstore, vending, linen supply, laundry, dry cleaning, banking, barber, and beautician services and cultural events. This resolution shall not be deemed to apply to Auxiliary Service Corporation activities approved by the University.

Appendix D

Religious Services on Campus
(Item 076, Policy Handbook, State University of New York)

The issue of the validity of religious services on campuses of the University has been the subject of an opinion of the Attorney General given on 16 October 1969.

The opinion stresses that there may be difficulty for some students in getting to churches of their choice and "to the extent, by virtue of their attendance at these State institutions, some students may be deprived of their right to practice their religion." It was held that to make facilities available to them for this purpose was an accommodation of that right which did not transgress prohibitions against public support of denominational religion. It was suggested that failure to grant permission to use "available" facilities in the same way permission is granted for other purposes "might well be regarded" as a denial of equal protection.

The opinion notes that the state may not support or establish religion "either financially or by law." It is clear, therefore, that the University could not incur expense to furnish special facilities or equipment and that the extent of its authority (and duty) is to furnish space at student request which is otherwise in existence and available without interference with regular college work where students may have religious services conducted for them in the same way, for instance, as rooms are furnished for meetings of student religious clubs, which has always been done without question. Since the conclusion rests on the particular needs and situation of the students, it is clear that such services may not be held for the benefit of the general public.

Counsel has had informal discussions with the Attorney Generals' office concerning the implications of the opinion. These indicate no disposition to modify the opinion. While no further official rulings have been made, they also indicate that there was no intention to sanction the furnishings of chapels, as such, or expenditure of public funds for religious purposes. Facilities which would otherwise be available may be furnished to students in which they may arrange to have services conducted. It is not believed that the opinion requires facilities to be made available for such peculiarly personal religious rites as baptisms and weddings divorced from a student's need or desire while in attendance at college to pursue the usual professional and pursuit of his religious persuasion and in which all of like mind may participate. It should be noted that impartiality in granting the privilege must be observed.

Appendix E

Computer Services
(Item 081, Policy Handbook, State University of New York)

All computer equipment, leased or purchased, is to be used primarily for the internal needs of the University. This would include administrative processing, student instruction, problem solving and academic uses by the faculty and students, and research activities sponsored or contracted by the University.

Computer services will not be provided, free or at a fee, to any commercial or industrial organization.
No employee of the University will be permitted the use of any campus computer facilities to develop systems or to run programs which are prepared by him in a capacity as consultant or part-time employee of an outside firm or agency.
a) Occasional, periodic support services may be offered to other education, government, or nonprofit organizations as a public service. However, this type of service may not be used to justify an increase in staff or equipment.

b) With prior approval from the Chancellor or the Vice Chancellor for Finance, Management, and Business, cooperative programs may be developed with other educational institutions to provide continuing services. In these cases increases in staff or equipment can be approved.
No services will be provided to outside organizations or agencies which would normally be provided by other public or private agencies.
Any funds received as compensation for legitimate services must accrue to the State University Fund (Comptroller's Fund No. 345). Normal budgeting procedures must be followed to regain these funds through an Income Fund Reimbursable request.
Inter-institutional, collaborative efforts of benefit to the campus would be appropriate.