The University of Southern Maine, "University," is committed to the provision of quality higher education through teaching, research, and public service. The University, whenever appropriate, and in order to maximize use of existing resources, will make its facilities available for use by University affiliated groups or individuals, and under license agreements by non-University groups or individuals contributing to the welfare of the community or requiring facilities unique to the University and for purposes which are substantially related or complementary to the mission of the University. The University reserves the right to refuse the use of its facilities, grounds, and equipment to any group or individual when it determines such use would be in conflict with or not enhance the mission of the University.

A. System Mission

Activities conducted in University facilities or on University grounds must have a primary purpose which is educational or informational and be carried out so as to benefit the campus in the fulfillment of its mission with sensitivity to the total community.

B. Non-Discrimination

The University, all internal users, and all outside users of its facilities under license must not discriminate and must comply with applicable laws prohibiting discrimination on the grounds of race, color, religion, sex, sexual orientation, national origin or citizenship status, age, disability, or veteran status. No discriminating events will be held in University facilities or on University grounds.

C. Restriction of Use

University facilities, grounds, and equipment will not be used by or licensed to groups or individuals for purposes which are illegal, determined by the University to be potentially harmful to person or property, or which are not substantially related or complementary to the mission of the University.

D. Conduct of Groups/Individuals

All groups, organizations, and individuals using University facilities, grounds, and equipment as internal users or outside licensees must adhere to all applicable University policies, procedures, and requirements relating to use of its facilities. All federal, state, and local statutes, ordinances, and regulations must be observed. All groups and individuals must insure that the rights of personal privacy and freedom of speech are not violated.

E. Security and Safety of Persons and Facilities

The University at its sole discretion reserves the right to require at full expense to a licensed user that its own security, maintenance, and custodial personnel be present at any activity or function in sufficient numbers to provide for the security and safety of persons, facilities, and equipment. Operating procedures and attendance limits for all functions will be determined by the University.

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A. General Policy

There shall be no restrictions placed on the fundamental rights of free speech and assembly except those necessary to preserve the order necessary for the University to function as an institution of higher learning. Students and non students shall be permitted to solicit for contributions and distribute literature for non-commercial purposes (except that requesting a small fee or voluntary contribution to defray the expense of the literature shall be allowed), in the public areas on campus, provided that:

1. Public areas on campus shall be defined as those areas generally open to the public that do not serve a specific educational, administrative, research, health, residential, dining, athletic, or recreational purpose;
    
2. Such public areas shall include, but not necessarily be limited to, corridors and lobbies of student/campus centers, sidewalks, parking lots, and other outdoor public areas of the campus.
    
3. Areas on campus not open to the activities described above shall include, but not be limited to, classroom and laboratory buildings, libraries, cafeterias, residence halls, and faculty, staff, and student offices;
    
4. Activities described in Paragraph A shall not be permitted if human safety is threatened, if vehicular or pedestrian traffic is seriously disrupted, if University property is damaged, if it results in excessive littering, or there is any material interference with any educational or research activity.
    

B. Use of Tables in Public Areas

Students and non-students shall be permitted to use tables (including the use of exhibit booths) in public areas selected by the campus for the sale or distribution of literature and other goods or for free speech activities provided that the tables are used:

1. For noncommercial purposes (see Section V below for policies regarding use for commercial purposes);
    
2. By persons acting individually or on behalf of a nonprofit organization;
    
3. In accordance with reasonable scheduling rules established by the designated campus authority.
    

C. Door-to-Door Solicitation

Students and non-students may not solicit door-to-door in residence halls. The availability and location of space for solicitation in other buildings must be determined by the administrative officer of those buildings.

D. Permission

A license/permit shall be required by all student and non student solicitors and upon approval will be issued by the designated authority on the campus.

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A. Priority of Use

1. First priority use of campus facilities is the regular on-going programs of the University. All other uses must recognize this priority and be compatible with it.
    
2. Second priority use of campus facilities is for University-sponsored programs or events, or those sponsored by approved faculty, staff, or student groups.
    
3. Non-University groups contributing to the welfare of the community or requiring facilities unique to the institution may be permitted to use University facilities in accordance with this document.
    

B. Eligibility of Groups

1. Use by Academic and Administrative Groups
   University facilities and grounds are available free of charge for use by University colleges, schools, academic departments, and administrative units for purposes which are in compliance with the provisions of this document. Facilities shall be reserved through the designated campus authority. Equipment and services needed shall be requisitioned and coordinated by the designated function organizer. Groups may be charged a fee to cover costs of special equipment or services, or for refreshments served.
    
2. Use by Student Groups
   University facilities and grounds are available free of charge for use by recognized student groups for purposes which are in compliance with the provisions of this document. Facilities shall be reserved through the designated campus authority. Equipment and services needed shall be requisitioned and coordinated by the designated function organizer. Unrecognized student groups must be hosted by a recognized student group or University department. Groups may be charged a fee to cover the cost of special equipment or services, or for refreshments served.
    
3. Use by Employee Representative Organizations
   Any non-recognized group which seeks to represent employees with respect to wages, hours, or conditions of employment must have its request for use approved in advance through the University of Maine System Office of Human Resources, and subsequent reservation made through the designated campus authority.
    
4. Use by Non-University Groups
   University facilities and grounds are available for use under license agreements by non-University groups and individuals contributing to the welfare of the community or requiring facilities unique to the University, and for purposes which enhance or are complementary to the mission of the University, and are in compliance with the provisions of this document (see Section V for policies regarding commercial activities). Facilities, equipment, and services needed shall be coordinated through the designated campus authority. Services rendered to non-University groups or individuals are limited to those that are typically or customarily connected with the licensed use of conference rooms and related space. Non-University related groups or individuals will be charged for use of facilities, grounds, equipment, and services in order to reimburse the university for all direct and indirect costs. Charges and fees will be described in the license agreements.
    
5. Scheduling
   In the event of a scheduling conflict, decisions regarding resolution of the conflict will be made only after careful analysis and communication with the affected parties has occurred. Sensitivity to special circumstances of both University and non-University groups and individuals shall be considered in this process.
    
6. Cancellation
   The University will not be liable to a licensed user in case it must cancel licensed use because of an emergency closing, act of God, or other similar event rendering facilities non-usable for the purpose intended. The licensed user may be required to provide a reservation deposit. In the event of cancellation by the licensed user, expenses incurred by the University may be deducted from the reservation deposit or otherwise charged to the licensed user.
    
7. Appeals Process
   Appeals by University-affiliated groups, recognized organizations, and licensed users on all matters regarding facilities use decisions and interpretation shall be made to the Provost.
    

C. Contracts, Fees, Insurance

1. License Agreements
   A written license agreement will be executed between the University and all outside users which describes all fees, services, and relevant information regarding the activity. A written license agreement may be required of University groups. All license agreements will be signed by both parties in a timely fashion preceding the event.
    
2. Fees and Charges
   University license fees and charges will be determined annually by June 1 and become effective in the next fiscal year beginning July 1. The schedule of fees and charges to be applied to licensed users will be determined by the Chief Financial Officer. Off-campus center directors or site coordinators may adjust fees and charges as appropriate.
    
3. Insurance
   The University may require a non-University group or individual to submit to the University a certificate of insurance showing general liability coverage with a minimum of one million dollars ($1,000,000) per occurrence. The certificate shall list the University as an additional insured for the function which is to use University facilities, grounds, or equipment. Higher insurance limits may be required if the activity presents unusual hazards.
    
4. Public Advertising
   When an event is being sponsored by the University (college, school, academic department, administrative unit, or officially recognized student group), the organizer of the event may publicly indicate that the event is a function of, or is being sponsored by, the University. When an event is not being sponsored by the University, promotion or advertising in any form cannot imply directly or indirectly that the event is being sponsored by, or is a function of, the University. All advertising must clearly indicate the appropriate sponsor. When a University location is referred to in promotion and advertising, the name of the University must be listed in a context which is not misleading. At the request of the University, the sponsoring group or individual may be required to distribute and circulate a correction or a disclaimer for any misleading promotion/advertising for the event stating that it is not endorsed/sponsored by the University.
    

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V. Commercial Activities on University Property

A. General Policy

The conducting of any commercial activity, which shall be defined as proposing or conducting a commercial transaction, for the profit of any person or business is not permitted on the campuses of the University of Maine System, with the following conditions and exceptions:

1. The sale of records, tapes, programs, and other items immediately before, during, or after concerts and other performances sponsored by the University or conducted under a valid license agreement shall be permitted provided that all such items are directly related to the person or group performing.
    
2. Vendors will be allowed to rent tables for commercial purposes in public areas (as defined in Section III-A of this document) selected by the campus, provided that:
    
1. A designated rental fee is paid to the campus;
    
2. The items sold or offered for sale are not in conflict with existing services already provided and are approved by the designated campus authority;
    
3. Sales generally begin after 8:30 a.m. and end by 5:00 p.m. unless otherwise provided for in the license agreement;
    
4. Space generally is not reserved for more than a three-day period and not more than two times a month, unless otherwise provided for in the license agreement.
    
3. Nothing in this policy shall prohibit the sale of goods and/or services to the University community by the University.
    
4. Nothing in this policy shall prohibit a person or business engaged in commercial activities from conducting private sales presentations on campus if so requested by a student, from advertising in student and local newspapers, from distributing leaflets in public areas, from telephoning students, from interviewing students as prospective employees, or from posting information on general use bulletin boards.
    
5. A license shall be required for all persons or groups conducting commercial sales activities on University property.
    

VI. Severability

Should any provision or application of this document be held invalid or unenforceable, the remainder of this policy shall not be affected and shall continue to be valid and enforceable to the fullest extent permitted by law or equity.

Prepared August 1992; operative March 1, 1994

Per Samuel G. Andrews, chief financial officer, February 15, 1994

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