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Executive Policy 10.201 Executive Policy 10.201



Title

Use of University-Owned Facilities

Header

Executive Policy Chapter 10, Land and Physical Facilities
Executive Policy EP 10.201, Use of University-Owned Facilities
Effective Date:  October 2014
Dates Amended:  November 2012; July 1983
Responsible Office:  Office of the Vice President for Administration
Governing Board of Regents Policy:  RP 10.205, Use of University-Owned Facilities and Hawai‘i Administrative Rules Section 20-13
Review Date:  August 2019

I. Purpose

To provide guidance relating to the implementation of Board of Regents Policy RP 10.205, Use of University Owned Facilities.

II. Definitions

No policy specific or unique definitions apply.

III. Executive Policy

A. Responsibilities and Priorities

    1. Chancellors are responsible for developing and implementing procedures governing the application and reservation for use of designated facilities under their respective jurisdictions (see Delegation of Authority EP 10.101).

    2. In order to implement the Regents Policy in the spirit with which it was adopted, the Chancellors shall seek input from campus organizations. Chancellors responsible for multiple campuses need to coordinate procedures and have them applied uniformly.

    3. User Categories:  The Chancellor of the institution must define University affiliated organization and non-university affiliated organization. Written procedures must be developed to allow non-affiliated organizations to apply for affiliation.

    4. Facilities Use Agreement:  The Chancellor of the institution is responsible for developing a facilities use agreement form and use rates.  Use rates must cover the cost to operate and maintain the facilities during its use.

    5. Use Priorities:  Use priorities must be consistent with the Board policy. First priority is given to regular educational functions followed by registered student, faculty & staff organizations and other University-affiliated organizations. Lower priority would be provided organizations without University affiliation. Priorities must be developed as part of the facilities use procedures for each campus.

    6. A University program should not make outgoing payments under an agreement for the use of a University-owned facility by a non- University affiliated organization.  If a situation exists involving such use of a University-owned facility whereby a University program is also required to remit payment for goods and/or services to the non-University affiliated organization, the Administrative Procedures for Procurement shall apply and such payment shall be processed under a separate agreement. Exceptions to this procedure must be approved by the respective campus chancellor and the President.

B. Organizations without University affiliation which have obtained approval to use campus facilities shall be required to:

    1. Observe established University and campus rules and policies.

    2. Indemnify, defend, and hold harmless the University and the State of Hawai‘i from any liability arising out of the actions of the organization or its agents incidental to the use of the facilities by the organization.

    3. Reimburse the University for any damage (beyond normal wear and tear) to the facilities resulting from their use.

    4. Compensate the University according to the terms provided in the agreement for use of University owned facilities.

    5. Provide evidence of appropriate and adequate insurance protection covering property damage, personal injury, or death arising out of the use of University owned facilities.  The Chancellor may waive this requirement upon an adequate showing of responsibility by the organization.

    6. Remit to the University the full amount of the flat rate use fee prior to the event.  If the facilities use agreement includes a flat rate fee amount plus a percentage of sales for the event, the full amount of the flat rate fee shall be paid to the University prior to the event.  The percentage of sales shall be paid to the University within THIRTY (30) consecutive calendar days following the event.

    These rules should be included in the Facilities Use Procedures for each campus.

C. Public Forum Area

    1. The Chancellor shall designate one or more appropriate public forum areas on their respective campuses where individuals may assemble and engage in public speech activities.

    2. Individuals utilizing a designated public forum area on campus must comply with University and campus rules and policies.

    3. Procedures governing time, place, and manner of public speech activities and manner of such activities, including the location and use of sound amplification equipment, distribution of newspapers, notices, pamphlets and other printed or written material and posting of notices, posters, and other printed or written material.  As determined by the Chancellor, consultations may be initiated with the Office of the General Counsel, as it relates to legal interpretations and other legal services, as appropriate.

D. Solicitation:  Procedures must be developed governing solicitation activities as well as excepted activities as provided in Hawai‘i Administrative Rules Section 20-13-7.

E. Violation:  Rules governing violation of the procedure must also be developed.

F. Sponsorship:  University affiliated organizations can sponsor other organizations and thereby qualify for use of University facilities. The Chancellor of the institution must stipulate these rules for sponsorship.

G. Denial of Use:  Organizations seeking use of University facilities should have an appeal process to follow if denied use.  If organizations seeking approval are denied use, an appeal process must be available to hear the appeal of the organization. The appeal process must identify the individual position within the University of Hawai‘i who has the authority to render a final decision on the appeal.

H. Enforcement:  Chancellors shall designate an individual to enforce the policies and procedures, governing the use of campus facilities.

IV. Delegation of Authority

There is no policy specific delegation of authority.

V. Contact Information

Subject Matter Experts
 Jan Gouveia
 jgouveia@hawaii.edu
 956-6405
 
Vice President for Administration Jan Gouveia
956-6405 or jgouveia@hawaii.edu

VI. References

    A. Link to superseded Executive Policies in old format https://www.hawaii.edu/policy/archives/ep/

    B. Link to Administrative Procedures in old format https://www.hawaii.edu/policy/archives/apm/sysap.php

VII. Exhibits and Appendices

No Exhibits and Appendices found

Approved

    Signed    
    David Lassner    
    October 31, 2014    
    Date    
    President

Topics

No Topics found.


Attachments

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