Facility Use Policy

The purpose of this policy is to set forth the conditions under which Clemson University Facilities may be used by persons or organizations for purposes other than their primary function.  The primary use of any Clemson University Facility shall be for activities carried out by or organized by the University or those of formally affiliated units and organizations. . Clemson University supports the right of students, faculty, staff, and groups that are affiliated with Clemson University to discuss, express, advocate or examine issues or ideas within constitutionally valid limitations.   Except as provided by South Carolina statutory law, University property is not a place of unrestricted public access. The instructional, research, and service needs of the University shall take precedence over any other prospective use of University Facilities. There may be additional policies specific to certain Facilities or for specific events and they may include more restrictive provisions than this policy. Persons or organizations seeking to use any University Facility are advised to inquire about the existence of any such additional policies at the time they reserve its use.

2.1   Scope:   This policy applies to any and all Facilities owned, leased, or under the authority of Clemson University, including all Facilities located on the main campus, as well as all Facilities located at other locations.

2.2   Definitions:

2.2.1       “Facilities”  shall include all buildings and structures, grounds, sidewalks, recreation areas, and streets considered to be part of the campus of the University. University Facilities are divided into two general categories: Publicly Available Facilities and Non- Publicly Available Facilities.

2.2.2     “Publicly Available Facilities”  are those Facilities which the University makes available for use by individuals and groups that are not otherwise affiliated with Clemson University. A list of these Facilities may be viewed at Appendix A.

2.2.3     “Non-Publicly Available Facilities”  are those Facilities of the University which are not publicly available and are only available to Clemson University students, faculty, and staff and officially recognized University organizations.

2.2.4       “Use”  shall mean any events or activities, including an individual’s or group’s presence or occupancy, in or upon the University’s Facilities when such event, activity, presence, or occupancy is not organized or conducted by the University itself or does not involve a service expressly made available by the University to individuals or groups.

Examples of events and activities that constitute “use” under this Policy include, but are not limited to:

• Meetings and activities of students and student organizations;
• Solicitations, sales, and other commercial activities;
• Conducting polls, surveys, or interviews;
• Display of signs, message boards, or similar items;
• Photography or video or audio recordings;
• Demonstrations, protests, rallies, vigils, and assemblies; and
• Meetings, activities, conferences, speeches, performances, and other events by non-University affiliated groups or individuals. 

2.3.         Publicly Available Facilities:  Any individual or group, including Clemson students, faculty and staff, may reserve and use these Facilities for any lawful purpose. Subject to Section 3 below, reservation of indoor locations is required for any use by individuals or groups whether affiliated or non-affiliated with the University. Some outdoor areas and some indoor locations listed on Appendix A  may be open to ordinary pedestrian traffic. However, if those areas are to be used for scheduled events, reservations are required. There may be fees associated with the reservation and use of any Publicly Available Facility (fees may differ for affiliated vs. non- affiliated individuals and groups), which shall be objectively determined based on content- neutral criteria including, but not limited to, the anticipated attendance and maintenance, staffing, cleaning and equipment requirements. Any affiliated or non-affiliated group that requires security, EMS, Fire or other safety staffing for its registered event, is responsible for paying reasonable costs for that security, EMS, Fire or other safety staffing. Information regarding fees and reservations for these Facilities can be obtained by contacting the Authorized Designee at the address and number listed in Appendix A. Please note thatmany of these Facilities have specific restrictions as to occupancy, hours of use, etc. and may not be available or suitable for every requested use. Use of alcohol at any event at a PubliclyAvailable Facility is subject to University policies, as stated below in Section 9.0 of this policy

• All Facilities not identified in Appendix A.
• All private offices and laboratories.

During summer sessions only, some Non-Publicly Available Facilities may be used (on a space available basis) by non-affiliated groups holding summer programs on campus provided such use is jointly approved by the Office of Summer Programs and the Dean of Undergraduate Studies.  All arrangements must be made through the Office of Summer Programs for overnight summer programs or through the Office of the Dean of Undergraduate Studies for day summer programs.

2.5.         Procedures for the Use of Clemson University Facilities:  Requests for the use of the Facilities of Clemson University are to be submitted to the Authorized Designee for that Facility.  A list of Authorized Designees for Publicly Available University Facilities is attached as Appendix A.  The Authorized Designee for any Facility not included in Appendix A shall be the Chief Business Officer, except for academic rooms.  Affiliated individuals/groups that want to reserve academic rooms should use the contacts found here.  All requests should be in writing on the Clemson University Facility Use Request Form, shown in Appendix B unless a specific location requires an alternate form.  Additional approvals are required for use of Facilities that will entail Sales and Solicitation (see   Appendix C) or Events with Alcohol (see Appendix D).  As noted in Section 1.0 above, certain Facilities have additional registration or use requirements.  Please check with the Authorized Designee when making reservations for a specific Facility to ensure all requirements are met.  

The completed Clemson University Facility Use Request Form (Appendix B) or other location specific form should be submitted in accordance with the time frames set by the particular facility.  If no time frame is set for the facility, Clemson University requests submission of the form to the Authorized Designee at least seven (7) days prior to the anticipated use to allow sufficient time to review and respond to the request.  Submission of the Form does not guarantee permission for use of the Facilities requested if the time, place, or manner of the requested use is not compatible with the Facility.  Competing requests for use of a Facility will be resolved on a “first come, first served” basis, with preference given to individuals or groups affiliated with the University.

2.7          Scheduling Priorities:   Generally, facilities will be reserved on a first come, first serve basis. However, official activities of the University itself have precedence over all extracurricular events and all activities of other users. Activities of recognized student organizations and groups have scheduling priority overthose of other users except the University.Occasions may arise when, in order to accommodate official University activities and functions, an official University activity takes precedence for use of an already scheduled space. In the event rescheduling is necessary, the Vice President for Student Affairs (or his or her designee) will work with the sponsors or organizers of the displaced activity to find suitable alternative locations and times, and otherwise to provide all assistance that is reasonable under the circumstances.

In the event of conflict with multiple or competing individuals or groups desiring to use the same space at the same time, the University reserves the right to resolve the conflict in a peaceable and orderly manner. While reasonable effort will be made to allow each individual or group to use the space at their desired time, if the space cannot reasonably accommodate such use, the University reserves the right to require one or more individuals or groups to use adifferent permissible space or to use the space at a different time. Individuals or groups whoregistered to use the space will be allowed a higher priority over those who did not register. If multiple individuals or entities register to use the same space at the same time, priority will be granted in the order of registration.

2.8          Responsibility to Comply with Laws, Regulations, and Policies:  Each individual or group that uses University Facilities assumes a responsibility to comply with all applicable laws, regulations, and policies. All events and activities must comply with all applicable University policies and rules. Failure to adhere to these requirements is a basis for revoking permission to use Facilities and space and may result in disciplinary action.

In the event any activity or event in or upon a University Facility is causing damage or destruction of property, or imminently threatening to cause such damage or destruction, the Vice President for Student Affairs (or his or her designee) or a member of the Clemson University Police Department may require the activity or event to be relocated to an alternative space at the University.  If it is not possible or appropriate to relocate the activity or event, the Vice President for Student Affairs (or his or her designee) or a member of the Clemson University Police Department may require the activity or event to be ceased immediately, and the individual(s) or group(s) participating in the activity or event may seek to reschedule it as long as the activity or event complies with all applicable laws and University policies. 

2.9          Refusing to Leave Clemson University Facilities During Hours When They Are Regularly Closed:  Any person who continues to occupy any Clemson University Facility without prior permission of the Authorized Designee during hours when that Facility is regularly closed to the public may be subject to all civil and criminal penalties under South Carolina law, including but not limited to those set forth in S.C. Code Ann. § 16-11-630 (2015).

2.10.       Fronting:  

2.10.1     For Non-Affiliated Individuals/Groups:  Non-Publicly Available Facilities, as defined in Section 2.4 above, are limited for use by Clemson University faculty, students, staff and officially registered University organizations for activities related to the University’s education, research and service missions.  Clemson University faculty, students, staff and organizations may not reserve a Non-Publicly Available Facility on behalf of or for the use of an outside organization.  Clemson University faculty, students, staff and organizations also may not reserve Publicly Available Facilities on behalf of or for the use of an outside organization so the outside organization can use the Facility at a reduced rate.  This conduct constitutes “fronting” and is prohibited.  The Authorized Designee of the University for a Non-Publicly Available Facility may deny or rescind permission to use that Facility if it is determined that the use is not primarily for the benefit of the faculty, student, staff or officially-registered organization making the reservation.  The Authorized Designee of the University for a Publicly Available Facility may apply the public rate for use of the Facility if it is determined that the use is not primarily for the benefit of the faculty, student, staff or officially-registered organization making the reservation.  The University shall not be liable or responsible for financial or other damages incurred by an individual or organization whose permission to use a Facility is denied, rescinded or modified (including a rate change), pursuant to this fronting policy.

2.10.2      For Faculty, Staff or University Departments:  A student organization may not place a reservation for faculty, staff or university department in order to receive free or reduced fees.  A faculty or staff member or university department may not use the name of a student/student organization to place a reservation in order to receive free or reduced fees.  The person making the reservation must be a current student and/or active member of the student organization, all communication regarding event plans and preparation must be completed by student members and the student organization must be listed as a sponsor on all publicity.

2.11        Electrical and/or Technical Connections:  No individual or group may use a Facility’s electrical and/or technical connections without prior approval of the Authorized Designee.

3.1.         Free Speech or Expressive Activities or Events:    For purposes of this Section 3, expressive activities or events shall include any activity, presence, or messaging, other than individual, consensual conversations, that is intended to or does convey, express, receive, or exchange ideas or information with the general public or with specific individuals, including but not limited to sharing, requesting, or expressing information or opinions. Such activities or events may occur verbally or through artistic or other expressive means, including but not limited to expressive conduct, documents, signs, flyers, photos, or other materials regarding political, religious, or academic matters. Such activities or events most commonly involve information or opinions regarding political, religious, or academic matters but may involve any subject matter. This includes, but is not limited to, demonstrations or protests.

3.2.         Speech, Expression, and Assembly for University Students, Staff, Faculty, and Affiliated Groups:   Clemson University supports the right of individuals (student, faculty, and staff) and groups that are affiliated with Clemson University to discuss, express, advocate or examine issues or ideas within constitutionally valid limitations. Expressive activities and inquiry are fundamental to the academic endeavor. However, with this right to free expression comes a responsibility to consider and accommodate the rights of other members of the campus community. Therefore, Clemson University affiliated individuals and groups may expressive activities or events subject to content-neutral time, place, and manner restrictions, including but not limited to those set forth in section 3.4 below.

Although prior registration of demonstrations and protests by students, faculty, or staff or affiliated groups is not mandatory, it is strongly recommended.  Prior registration and planning ensures that the desired space will be available on the appropriate date and time.  Prior registration should be handled in accordance with the provisions set forth in section 2.5 above.

Nothing in this policy is intended to infringe upon any legal rights regarding freedom of speech.  Application of the policy shall not be arbitrary or capricious and shall not be based upon the content of the proposed speech and nothing in this policy shall be interpreted in such a way as to discriminate on the basis of political, religious, social or other content. 

3.3.         Speech, Expression, and Assembly for Non-Affiliated Individuals and Groups :  The freedom to engage in free speech is protected by federal law, state law and University policy. Clemson University enforces its right to place reasonable restrictions on the time, place, and manner that Free Speech or Expressive Activities or Events shall occur on its Facilities, including but not limited to those set forth in section 3.4 below.

The University will designate areas on campus for Free Speech or Expressive Activities or Events by affiliated and non-affiliated individuals or groups, as designated on Speech and Assembly Areas Map. Non-affiliated individuals or groups wishing to engage in Free Speech or Expressive Activities or Events in these areas must submit a NON-AFFILIATED SPEECH & ASSEMBLY RESERVATION REQUEST FORM to the Hendrix Student Center at least seventy-two (72) hours in advance of the activity to reserve these spaces. Reservations will be approved on a space available basis. Priority will be given to Clemson University affiliated individuals and groups including departments, registered student organizations, students, faculty and staff that submit requests to reserve these locations. The University reserves the right to have appropriate personnel and/or security present to preserve order and protect the safety of its students, employees and property. Speech and assembly shall be confined to the designated area and must not disrupt the normal or previously scheduled activities of the University or University affiliated entities, violate the free speech, assembly or movement of other individuals or organizations, damage property or create an unsafe situation for any individual, group or organization.

3.4          Time, Place, and Manner Restrictions:  All Free Speech or Expressive Activities or Events shall be subject to reasonable content-neutral time, place, and manner restrictions, including but not limited to the following:

a.  Time Restrictions:

b.  Place Restrictions:

c.  Manner Restrictions:

    i.  The activities or events must comply with all provisions of this Facility Use Policy, all other applicable University policies, and all applicable laws;

    ii.  The activities or events shall not disturb the orderly conduct of University business or the use of residences;

    iii.  The activities or events shall not interfere with pedestrian or vehicular traffic;

    iv.  The activities or events shall not interfere with or disrupt previously scheduled University activities or events;
         The activities or events shall not interfere with or disrupt meetings;

    v.  The activities or events shall not cause or threaten physical injury to persons or property;

    vi. No open flames shall be allowed inside enclosed or covered structures or in places without adequate ventilation. No moveable open flames (such as tiki torches or candles) or bonfires are allowed. Any other open flame requires an approved special event permit from the Clemson University Fire Department (CUFD).

    vii.  Participants shall not construct any structure on top of or into University grounds, including objects requiring penetration in concrete or grass without prior written authorization from the Authorized Designee. For purposes of this provision, “structure” means the framework of and the space enclosed by any building, booth, tent, canopy, vehicle, trailer, fence, wall, or similar object or enclosure;

    viii.  The activities or events shall not use electrical cords or appliances without prior written permission of the Authorized Designee;

    ix.  Participants shall not engage in speech or conduct that is obscene, defamatory, or incites the imminent violation of law;

    x.  Participants shall not continue to engage in behaviors or activities prohibited in this policy after a University Official or representative of the Clemson University Police Department or Fire Department asks for these behaviors or activities to stop;

    xi.  The use of public address systems or loudspeakers must comply with the requirements of section 8.0 below;

    xii.  The activities or events shall not use flashing or rotating lights or illuminated signs; and

    xiii.  The activities or events shall not use weapons including, but not limited to, clubs, knives or firearms used to injure, defeat, damage or destroy.

3.5.         Civil Disobedience:  Clemson University recognizes and upholds the right of individuals to conduct legal protests and dissent. In addition, the University encourages and requires all persons who use University Facilities to recognize and respect the distinction between such legal protests and dissents and conduct constituting civil disobedience.  Civil disobedience is public, non-violent, and conscientious violation of law undertaken for the purpose of bringing about a change in law, government policies, or society. Because deliberate acts that violate the laws, rules, and policies applicable to free expression may constitute civil disobedience, those who commit such civil disobedience should be willing to and must expect to suffer the disciplinary and remedial consequences of their actions as provided by law, rule, or policy.

4.0 Commercial Sales, Solicitations and other Activity:  All commercial sales, solicitations, advertising or other commercial activity of any kind related to an unaffiliated organization or business on University Facilities is strictly prohibited without prior authorization from the University.  “Commercial sales, solicitations, advertising or other commercial activity” shall mean any activity whose purpose is to inform, induce or encourage individuals or groups to purchase, rent, lease, or use (or not purchase, rent, lease, or use) any goods or services or to participate in some commercial enterprise.  Individuals or groups wishing to engage in commercial sales, solicitations or activity must submit a Commercial Sales, Solicitations and other Activity Form (Appendix C) to the Hendrix Student Center within the time frame required by Authorized Designee.  If no time fame is provided the form must be submitted to the authorized designee at least seven (7) days in advance of the requested event.  All authorized commercial sales, solicitations and other activity shall be subject to applicable local, state, and federal laws.  No commercial sales, solicitations and other activity shall interfere or conflict with the normal conduct of the activities and missions of the University and its students and employees.

The University has designated certain Facilities and areas for authorized commercial sales, solicitations and other activity.  Activities may be further restricted to specific times and dates as determined by the University.  Failure to comply with any such restrictions shall subject the individual or group to immediate revocation of authorization to engage in the activity and may further result in disciplinary action, including criminal prosecution for trespass.

Door-to-door solicitation and sales is strictly forbidden on any University Facility for any reason.  Sales and solicitation in any student residential Facility and any classroom or work area is prohibited unless such sales and solicitation is requested by a resident (in the case of student residential Facilities) or employee (in the case of a classroom or office area) and the resident or employee must sign the Commercial Sales, Solicitations and other Activity Form (Appendix C).  In such cases, approval shall generally be restricted to that resident or employee’s room or work area.

4.1.       Athletic Events:  Commercial sales and solicitations, advertising or other commercial activity on the day of an on-campus athletic event are outlined on the Athletics Department Materials Distribution at Athletics Events Policy. 

5.0 Bulletin Boards and Other Postings:  The University prohibits posting of bills, advertisements or other materials on any University property other than in designated areas.  Only students, faculty, staff and registered University organizations can post on University Facilities.  Commercial posting by individuals or groups is prohibited unless sponsored by a registered University organization or unit.  A list of designated areas for postings (Appendix E) is available for individuals or groups who wish to post materials at one or more designated bulletin boards on campus.  Individuals or groups are responsible for providing copies of the materials and placing them on the designated boards.  Additionally, individuals or groups may be required to remove postings not in compliance with this policy.  Postings that have expired or do not comply with the requirements of this policy may be removed by University personnel.  The cost of such removal may be billed to the sponsoring organization.  Until the bill is paid, the sponsoring organization will not be permitted to make any additional postings. 

Posted materials may not jeopardize campus safety.  Alcoholic beverage consumption may not be the primary message of any posted materials.  Materials must clearly promote the activity or event publicized.  Postings whose primary purpose is the promotion of commercial goods or services will not be allowed and the name, logo, mark of a commercial entity may not appear as the primary message in any posting.

The maximum size for postings is 11 x 17.  No material should be placed over existing, approved materials. Individuals and groups posting are responsible for removing their own postings.  All postings shall be with tacks; adhesive affixtures are not permitted.  

The expiration date of all posted materials shall be a maximum of two weeks from the date of approval. 

The use of sidewalk chalk or similar material on campus is not permitted.  If used, the responsible party will be held responsible for the cost of cleaning which may include, but not be limited to, labor, supplies and equipment costs.

Banners, yard signs and A-frames may be approved for display with permission of the Hendrix Student Center.  Banners, yard signs and A-frames shall only be allowed in those locations approved by the University and the University may impose restrictions on the size, location and duration of any banner, yard sign, or A-frame displayed (see Appendix E).

Postings or solicitations (commercial and non-commercial) on motor vehicles parked on Clemson property are not allowed.

Postings for student government elections are not governed by this policy.  See the Student Handbook for student government election posting rules and requirements. 

6.0  Camping Prohibited in or upon University Facilities:  Camping in or upon University Facilities is deemed to be a safety, health, and sanitation risk and is therefore prohibited by any individual or group, unless otherwise specifically authorized by a written University policy.  “Camping” means setting up or remaining in or at a campsite for the purpose of establishing or maintaining a temporary place to live, regardless of duration.  "Campsite" means any place where any bedding, sleeping bag, or other sleeping matter, or any stove or fire is placed, established, or maintained, whether or not such place incorporates the use of any tent, lean-to, shack, or any other structure, or any vehicle or part thereof. 

This section does not apply to: (1) University activities for the purpose of acquiring athletic or other event tickets or passes; (2) events of pre-established duration for which advance registration is required during athletic event weekends, athletic tournaments, or special events; or (3) other special circumstances as decided in advance by the Division of Student Affairs.

7.0 Use of Non-Publicly Available Facilities for Religious Purposes:  As a public entity, Clemson University is governed by State and Federal laws prohibiting both the establishment of any religion and discrimination against any individual or organization on the basis of religion.  In accordance with these legal principles, Clemson University does not allow the use of its Non-Publicly Available Facilities for any religious event or by any religious organization not officially recognized by the University.  “Religious organizations” include traditional religious organizations of all denominations as well as any organization recognized as a charitable religious organization by the U.S. Internal Revenue Service, including organizations which advocate atheism.

 This restriction does not apply to any faculty or student organization recognized by the University and which organization has a religious affiliation.  These organizations may use any Non-Publicly Available Facility that is available to faculty or student organizations in accordance with the terms and conditions of this policy and any specific restrictions applicable to the specific Facility.  Publicly Available Facilities may be used by religious groups, including University registered organizations, subject only to the terms of this policy and any additional restrictions particular to that Facility. 

9.0      Use of Alcohol:

9.1.       Publicly Available Facilities:  The use of alcohol at Publicly Available Facilities is allowed on a case-by-case basis.  Use of alcohol is prohibited at certain Publicly Available Facilities.  Individuals or groups who wish to consume alcohol at any event at a Publicly Available Facility must complete and submit a Registration for Events with Alcohol form, Appendix D, and submit at least 14 days in advance of the requested use.  All registrations must be approved by the Authorized Designee, the University Police Department and the Vice President for the area where the event will be held.  There may be an additional fee for use of a Publicly Available Facility where alcohol will be consumed.  The University Police Department shall determine the appropriate level of security and any additional costs to the University associated with providing security at the event will be the responsibility of the person or group requesting the Facility. 

9.2.       Non-Publicly Available Facilities:  The use of alcohol by faculty, staff, and their guests at Non-Publicly Available Facilities of the University is permitted subject to State laws and existing guidelines for use of these Facilities provided (1) the University approved food and beverage vendor is used, and (2) prior written approval is obtained as shown on Appendix D, Registration for Events with Alcohol.  Violations of this policy may result in disciplinary action. 

Appendices can be found below:

Appendix A: Clemson University Facilities Available for Use by Individuals and Groups not affiliated with Clemson University.

Appendix B: Clemson University Facility Use Request Form.

Appendix C: Sales and Solicitation Form.

Appendix D: Registration for Events with Alcohol.

Appendix E: General Posting/Publicity Locations.