Facilities & Space Use Policy

Custodian of Policy: VP Finance & Administration

Effective Date: Fall 2022

Last Review: Fall 2022

Next Review: 2029

Relevant Policy: Minnesota State Board Policy 2.1 Campus Student Associations
Minnesota State Board Policy 3.27 Copyrights
Minnesota State Board Policy 5.15 Fund Raising
Minnesota State Board Policy 5.18 Alcohol Beverages or Controlled Substances on Campus
Minnesota State Board Policy 5.21 Possession or Carry of Firearms
Minnesota State Board Procedure 6.7.2 Use of College and University Facilities

I. Rationale and Scope

The primary mission of Minnesota State University Moorhead is to provide educational and support services to its students. MSUM facilities are designed to serve the educational functions associated with accomplishing that mission. This policy covers the use of all University facilities and any other property controlled by the University and provides for its effective and efficient use.

II. Policy

General Principles

MSUM functions take precedence over all other uses of facilities and of any other property controlled by the University. Any use of campus facilities by students or recognized student organizations, non-affiliated organizations or other individuals must not interfere with the educational operations of the University.

Except where MSUM affirmatively opens its facilities for expressive purposes, or as required to do so by law, the University retains the ability to enter into facilities use agreements with individuals, groups or entities at its own discretion.

Scheduled use of a particular area of campus through the campus scheduling system supersedes any unscheduled use, even when scheduling is not a requirement for a particular campus facility. The use of outside areas is controlled and administered by the Director of Public Safety or their designee.

Not all campus facilities or spaces are available for scheduling. The University may deny a scheduling request and reserves the right to change the particular area of campus that was approved and scheduled for use to a different area with the understanding that, if possible, comparable campus facilities will be provided.

MSUM reserves the right to cancel any scheduled use of its facilities due to weather and other emergencies.

Facility general use areas such as lounges, hallways and gathering spaces shall be scheduled only for those activities in which all MSUM campus community members are eligible to participate without restriction (no admission or donations solicited) and which will permit free flow of traffic around and through the area without compromising state fire and safety codes.

Individuals or groups approved to use a particular area of campus will be given a Confirmation of Space document from the campus scheduling system identifying the approved time, date and location of the use. Approved users should have the confirmation available at the time of the use of the facilities. All users of MSUM facilities must comply with all federal, state and local laws.

Advance Arrangements and Facilities Use Agreements

Individuals, groups, organizations and departments who wish to use MSUM facilities should provide a minimum of two (2) weeks’ notice of a desired use. Larger events and usage may require longer lead times to accommodate the needs of the requester.

All non-affiliated organizations will be required to enter a facilities use agreement and provide evidence of insurance prior to being granted access to MSUM facilities with the exception of public expression in specific outdoor areas identified by MSUM Public Safety based on the needs of the event. Recognized student organizations may be required to enter a facilities use agreement. Any facilities use agreement entered into pursuant to this Policy must be consistent with Minnesota State Board Procedure 6.7.2. www.minnstate.edu/board/procedure/607p2.html

Recognized student organizations and departments may reserve campus facilities and sponsor a non-affiliated organization for an event, but as the sponsor, the student organization or department must be the primary planner, implementer and financer of the event. Recognized student organizations or departments may not reserve campus facilities on behalf of a non-affiliated organization in order for that organization to obtain a lower facility use fee and/or priority reservations. Such a practice, known as fronting, is prohibited and may result in disciplinary action being taken against the recognized student organization, department and its members or employees.

The use of MSUM facilities by MSUM faculty, staff or students for personal use is considered a use by a non-affiliated organization or individual. Members of the MSUM community are required to adhere to MSUM policies, including applicable employee or student codes of conduct.

During any scheduled use of space, authorized MSUM staff shall have complete access to all areas at all times. MSUM reserves the right to terminate any scheduled use of its facilities if any incidents occur which might jeopardize the general well-being of the facility, property or campus community.

Election Activities

As a state supported, public institution of higher learning, MSUM is required to remain neutral concerning partisan political activities. MSUM shall make their facilities available for the holding of precinct caucuses and legislative district or county conventions as required by Minnesota Statutes section 202A.19, subd.6 (2015). MSUM will not schedule any event after 6:00 p.m. on the day of a major political party precinct caucus without the permission of the Minnesota State Board of Trustees.

Political recognized student organizations shall have access to campus facilities as described in this policy on the same basis as other recognized student organizations. See Minnesota State system information on Precinct Caucus, Primary and Election Day Requirements: www.minnstate.edu/system/ogc/elections.html

Prohibited Uses

Any activity that is prohibited by federal or state law or local ordinance is prohibited. MSUM facilities cannot be used by a non-affiliated organization or individual in a manner to make it appear that MSUM endorses a sectarian, religious, political or partisan position. Non-affiliated individual or groups may not use the Minnesota State University Moorhead logo on any publicity for the event.

Except as expressly allowed pursuant to this policy or another MSUM policy or agreement, non-affiliated organizations or individuals are prohibited from engaging in commercial activities on campus unless they have entered into a facility use agreement. Failure to abide by federal or state law, local ordinances or MSUM policies can lead to cancellation of the event and prohibition of any further lease of facilities.

Minors unaccompanied by adults or MSUM students will not be allowed to use the facilities or campus spaces unless they are attending a scheduled event, are invited guests, or are currently enrolled MSUM students. Minors are defined by state law as persons under the age of 18.

Smoking, tobacco use, and tobacco sales (including the use or sales of smokeless tobacco products) are prohibited in University facilities or on any other property controlled by the University. Exceptions for instructional, research, educational, cultural, ceremonial and/or artistic purposes must be approved by MSUM Public Safety prior to its actual use. Such use must be preceded by reasonable advance notice to the public. Smoking, tobacco use, and tobacco sales are covered by MSUM’s Smoking and Tobacco Use/Sale Policy.

Facilities and Space Use Fees

Any fees charged will be consistent with Minnesota State Board Procedure 6.7.2, Part 7. A deposit, space use fee and/or labor charges may be assessed to the sponsoring group. Separate fees may be charged for the use and/or operation of special equipment.

MSUM Public Safety will determine if security is required for an event in consultation with the sponsoring group. The security requirements will be based on the following considerations: (1) the number of anticipated attendees; (2) the type of event; (3) whether alcohol is served at the event; (4) the locale of the event; and (5) other relevant factors.

Pursuant to Minn. Stat. § 202A.192, MSUM may only charge a facility use fee in conjunction with the holding of precinct caucuses and legislative district or county conventions for an amount that does not exceed the lowest amount charged to any public or private group.

Non-affiliated organizations engaged in a commercial enterprise must be charged the current market rate when using MSUM property.

Personal Property, Losses or Damages

The University has the right to develop deadlines and to charge cancellation fees as it deems appropriate. MSUM will not be liable for any personal property or equipment lost in University facilities or on any other property controlled by the University, even if attendants are on duty. MSUM reserves the right to assess the cost of labor and materials for cleanup and for any damage done to University equipment, facilities and any other property controlled by the University which are a direct result of the scheduled activity or event.

Food and Alcohol

If food will be served, MSUM’s contracted food service provider has exclusive rights to provide catering services unless they have granted a right of first refusal with the exception for events or activities in Nemzek Hall and Stadium. Alcohol and/or controlled substances may only be made available on campus in accordance with Minnesota State Board Policy 5.18 and Minnesota State Board Procedure 5.18.1 www.minnstate.edu/board/policy/518.html

Noise and Lighting

The University reserves the right to control the use of lighting and/or amplified sound devices on campus and any other property controlled by the University to ensure it doesn’t interfere with the University’s primary mission to provide educational and support services to its students. The user of MSUM facilities wishing to use sound amplification must obtain MSUM Public Safety approval prior to its actual use. Requests can be made to Public Safety mnstate.edu/globalassets/public-safety/public-safety-special-event-request-form.pdf

If the amplification of sound will be heard in surrounding neighborhoods, organizers need to acquire a City of Moorhead sound amplification permit prior to the event and adhere to city ordinances and applicable state and federal law. www.cityofmoorhead.com/home/showdocument?id=2376

Music, Film, or Video Games

The purchase of music, film, or video games does not provide for the right to play or show the music, film or video game as part of a public performance. Any individual, organization or group wishing to do so must obtain a public performance license. This includes video rentals as well as shows and movies on online paid subscription services. It also applies whether or not an admission fee is charged. See the Minnesota State Board Policy 3.27 www.minnstate.edu/board/policy/327.html

Dissemination of Written Material

Individuals and groups affiliated with MSUM are permitted to disseminate non-commercial written material via hand distribution in open space on campus provided they do not otherwise obstruct the flow of traffic on campus. Non-affiliated individual or groups may only distribute written materials via hand distribution in specific areas expressly identified by MSUM Public Safety based on the needs of the group.

Bulletin Board, Advertising, Graffiti and Publicity Policy

Within buildings, materials are to be posted on bulletin boards only, not on walls, windows, doors or furnishings and they may not disguise, cover or interfere with any safety device, including fire safety equipment such as fire extinguishers, fire alarm pulls, exit signs and sprinkler heads and piping. Non-affiliated individual or groups may not use the Minnesota State University Moorhead logo on any publicity for the event. The use of bulletin boards, signage, banners and other postings is covered by MSUM’s Bulletin Board, Advertising, Graffiti and Publicity Policy. See the Bulletin Board, Advertising, Graffiti and Publicity Policy mnstate.edu/about/policies-procedures/list/advertising/

Chalking

Chalking with water-based chalk is permitted on campus sidewalks with approval from MSUM Public Safety prior to its actual use. Requests can be made to Public Safety: mnstate.edu/globalassets/public-safety/public-safety-special-event-request-form.pdf. All requesters are responsible for removing and cleaning the areas used for their chalking. MSUM Physical Plant can be requested to remove the chalking for a fee. The use of paint on sidewalks is prohibited.

Bonfires, Open Burning or Recreational Fires

Bonfires, open burning or recreational fires are permitted on campus with approval from MSUM Public Safety prior to its actual use. Requests can be made to Public Safety: mnstate.edu/globalassets/public-safety/public-safety-special-event-request-form.pdf

Organizers also need to acquire a permit from the City of Moorhead Fire Department prior to the event and adhere to city ordinances and applicable state and federal codes and law. https://www.cityofmoorhead.com/departments/fire/recreational-fires

Protests & Demonstrations

Protest & demonstration activities are covered by MSUM’s Protests & Demonstrations Policy. See the Protests & Demonstrations policy mnstate.edu/about/policies-procedures/list/protests-demonstrations/

Charitable Fundraising

Charitable and other fundraising activities are covered by MSUM’s Charitable Fundraising Policy. See the Charitable Fundraising policy mnstate.edu/about/policies-procedures/list/charitable-fundraising/

Gambling & Raffles

Gambling and raffles that are in compliance with federal, state and local laws is allowed. See the Minnesota State Board Policy 5.15 www.minnstate.edu/board/policy/515.html

Animals on Campus

Regulations established for animals on campus are detailed in MSUM’s Animals on Campus Policy. See the Animals on Campus policy mnstate.edu/about/policies-procedures/list/animals-on-campus/

Possession or Carry of Firearms

Firearms are generally prohibited on campus. See the Minnesota State Board Policy 5.21 www.minnstate.edu/board/policy/521.html Certain exceptions apply in accordance with the Minnesota Citizens’ Personal Protection Act of 2003 (MCPPA).

Skateboard, In-line Skate, Bicycle and Hoverboard Use

Skateboards, in-line skates, bicycles, scooters and hoverboards are permitted on property controlled by the University for the purpose of transportation only and are prohibited from use inside any University facilities, unless approved during sponsored campus events. Jumping, stunts, use on structures or ramps and/or imprudent operations are prohibited. Pedestrians have the right-of-way on all sidewalks. Only hoverboards manufactured in 2018 or later AND stamped with an Underwriters Laboratories (UL) 2272 certification will be allowed to be stored in University buildings, including residence halls. The use, possession, charging or storage of any non-certified hoverboard in University buildings and residence halls is strictly prohibited. Hoverboard use may be permitted inside University facilities ONLY during approved sponsored campus events.

Displaying Flags

The MSUM flagpole near the campus main gates is reserved for the United States Flag, Prisoner of War (POW)/Missing in Action (MIA) Flag, and the State of Minnesota Flag. No other flags will be displayed on the MSUM flagpole. Displaying the national flag and attendant flags will be done in a manner consistent with official national policy and practice.

Displaying flags from MSUM Buildings must adhere to the following guidelines:

• Must be approved by the Director of Public Safety by submitting an event request form more than 14 days prior to display.
• Must be sponsored by an approved MSUM Department and/or MSUM Organization and identified on the event request form.
• Must comply with any Minnesota State or University policy, procedure, or codes of conduct or federal, state, or local laws. Flags promoting or advertising alcohol, other drugs, controlled substances and drug paraphernalia in violation of Minnesota State Board Policy 5.18 or the University Alcohol and Other Drug Policy are prohibited.
• Must be professionally manufactured (no “homemade” flags) with a quality to withstand severe weather conditions for a prolonged amount of time.
• Must be equipped and sized to be compatible with the brackets on MSUM buildings and the flag(s) must have necessary grommets for proper display of the flag from the brackets.

Approved flags will be displayed on the west side of the Library building with up to three (3) flags at the same time.

Approved flags will be allowed to be displayed for approximately seven (7) days and will be removed and returned to the appropriate department and/or organization after the seven (7) days and when resources are available to return the flag. MSUM is not responsible for damage to the flags while displayed or in the process of installing or removing the flags.

Extensions beyond seven (7) days can be requested for up to thirty (30) days for situations deemed appropriate by the Director of Public Safety.

If more than one organization applies for the flag display at the same time, discretion on the amount and time will be determined by the Director of Public Safety.

III. APPEALS

Any decision made pursuant to this policy may be appealed to the Vice President of Finance and Administration whose decision is final. The appeal must clearly identify where the previous decision was incorrect.

IV. DISCLAIMER

MSUM does not assume any responsibility or obligation resulting from its decision to make its facilities and any other property controlled by the University available pursuant to this policy nor does such a decision implicate support for an individual or organization’s objectives.

V. Definitions

For purposes of this Policy, the following definitions apply:

1. “Individuals and groups affiliated with MSUM” means an official department, recognized student organization, employee or enrolled student of MSUM.
2. “Recognized student organization” means a student group officially recognized by MSUM. See Minnesota State Board Policy 2.1 www.minnstate.edu/board/policy/201.html
3. “Enrolled student” means a student enrolled in one or more classes during the academic term in which use of the facilities is sought.
4. “Non-affiliated individual or organization” means an individual or organization not affiliated with MSUM and includes, but is not limited to:
   1. community organizations
   2. community governmental organizations and associations
   3. regional, state or national organizations
   4. non-profit groups
   5. related state and federal government agencies
5. “Commercial activities” means selling or offering to sell any goods or services as well as the solicitation or promotion of any goods or services.