APPALACHIAN STATE UNIVERSITY
FACULTY SENATE MINUTES
November 8, 2004
At 3:20 p.m. on November 8, 2004, Chair Moore convened the faculty Senate meeting in the University Conference Room (224 I. G. Greer Hall).
A. Chair Moore welcomed visitors and asked that they introduce themselves.
(See visitors' names after voting sheet.)
B. Chair Moore stated that the Faculty Senate is responsible for setting the terms of the Renewable Energy Initiative faculty members Dennis Scanlan and Chuck Smith, voted in last month, at three year terms which will begin with the first meeting of the REI. He requested a Senate motion regarding this subject. It was so moved.
Senator McGarry moved and Senator Kaenzig seconded.
VOTE-1 Motion to set the terms of the Renewable Energy Initiative faculty members Dennis Scanlan and Chuck Smith to three years, which will begin with the first meeting of the REI.
YES 22 NO 1 ABSTAIN 0
The motion passed.
C. Chair Moore announced that there will be a special meeting of the Faculty Senate for Monday, November 15, 2004 at 3:15 pm in 224 I.G. Greer to meet with Chancellor Peacock to discuss the Provost Search.
D. Chair Moore announced the Chancellor’s Advisory Committee meeting date and asked for volunteers to attend to represent Faculty Senate.
Monday 11/15/04 2-4
Mike Moore, Eric Marland, Gayle Weitz, and Margaret Yaukey, Martha Marking, and Rick McGarry will attend this meeting. Chair Moore also asked if there were other items to add to the agenda? He stated the known agenda items listed in the Advisory Committee report included with the Faculty Senate Nov. 8 agenda and with these minutes.
Senator Marking announced that Health Promotions is working on guidelines to help faculty and staff prevent having flu.
E. An additional announcement was made by Chair Moore that Dr. and Mrs. Peter Petschauer are inviting faculty and staff to visit together at their home Thursday, November 11 from 5-7 PM.
II. VISITORS REPORTS
A. Chair Moore introduced Neva Specht, Campus Coordinator for the UNC in Washington, D.C. program. She handed out brochures and showed their website for reference. She stated that there are fourteen campuses in the UNC system involved in the program and that 3 students from each of the fourteen schools will attend for Spring and Summer semesters.
B. Chair Moore introduced Harry L. Williams, Associate Vice Chancellor for Diversity and Vice Chancellor of Academic Affairs, who talked about off-campus centers in New York and Washington and gave a presentation on student profiles. He stated that Margaret Yaukey, representing the Faculty Senate on the Off-Campus Facilities Advisory Board, is now officially a voting member of that committee. Regarding the New York facility: it has been re-furbished and has wireless Internet access. The Washington facility renovations will be complete in June 2004. Student enrollment was displayed in graphs showing geographic distribution by County, State, Country, and World; SAT score averages; and diversity. ASU is working on an Allied Health Curriculum, as this is an area requested by more prospective students each year.
Chair Moore asked for approval of the October 11, 2004 minutes if there were no corrections or additions.
Senator Kaenzig moved and Senator Smith seconded that these minutes be approved.
VOTE- 2 Motion to approve the October 11, 2004 minutes.
YES 24 NO 0 ABSTAIN 0
The motion passed.
Available online at: <http://www.facsen.appstate.edu/Minutes/oct04minutes.html>
Stan Aeschleman, Interim Provost, discussed the following:
Five-Year Plan for Distance Education
There is a draft policy on Establishing and Reviewing Centers and Institutes. Chair Moore has a copy.
A Task Force has been established for Honors Program.
There is a dire need for space access and redistribution on campus.
Invitations will be sent out for a Task Force on General Education.
He responded to some pending Resolutions submitted by Faculty Senate for approval:
1-FS02-03/01-01- Regarding Review of Administrators as Amended-
Administrators in the Office of Academic Affairs including the Provost, Associate and Assistant Vice Chancellors be reviewed by faculty, beginning in September of administrators third year and every three years thereafter.
RESPONSE: I stand ready to work with members of the Senate to develop an evaluation instrument.
2-FS02-03/01-03 – Motion Regarding Advisory Boards have Written Bylaws (as amended)- All external departmental advisory boards have written bylaws and that these bylaws be included on the department web page.
All college or school advisory boards have written bylaws and that these bylaws be posted on the college or school web page.
RESPONSE: At the November 17, 2004 meeting with the Deans, the Deans were asked and agreed to comply with both of these motions by the end of the 2004-05 academic year. Please see included memo.
3-Senator Rardin's motion from the floor on course repeats and late drops (as amended & revised)- Whereas the Faculty Senate believes that the current policy on course repeats and late drops is too liberal, the Faculty Senate requests AP&P to re-visit the current policy on course repeats and late drops.
RESPONSE: Dr. Tim Burwell has formed a committee to evaluate the current course repeat and late drops policy, and a report will be submitted to the Senate before the end of the 2004-05 academic year.
4-FS03-04/09-01- Resolution on teaching load (as amended)-
RESPONSE: Because the resolution on teaching load contains no explicit expectation regarding scholarly productivity for faculty members on a 9 hour teaching load, I do not approve the resolution. However, I am committed to working with members of the Senate to draft a resolution that includes this provision as part of a “9 hour standard load.”
5-FS03-04/09-03- Resolution on office hours-
RESPONSE: Response pending until survey data have been submitted
6-Motion to approve Faculty Handbook changes in text as written in #3 of the Faculty Handbook Committee report-(Please note that the wording of this motion is subject to change.)
RESPONSE: Response pending outcome of discussion with Council of Chairs.
7-Motion to approve Faculty Handbook changes in #4 of the Faculty Handbook Committee report (as amended)-
RESPONSE: Response pending outcome of discussion with Council of Chairs
8-FS03-04/10-03-Resolution on Cooperation in Campus Planning (as amended)-
RESPONSE: The Chancellor has approved the creation of a Space Management position, and a search to fill this position will begin in January 2005. The position will be contained in the Office of Institutional Research, Assessment and Planning. The creation of this position should address the concern expressed in this resolution.
9-FS03-04/12-01-Require the Chair of the Academic Policy and Procedure Committee (AP&P) be a faculty member and not the Provost (or his/her designee)
RESPONSE: Motion approved
10-FS03-04/12-03- Establishment of ad-hoc Committee on Graduate Education
RESPONSE: An Ad-hoc committee to evaluate Graduate Education has been established, and a report will be submitted to the Senate before the end of the fall semester 2005.
11- FS01-02/03-06a-Motion Regarding Students’ Freedom of Speech
RESPONSE: Meetings with leaders of the Student Government Association resulted in charges to university policy to emphasize the free exchange of ideas on campus and to include Sanford Mall and Durham Park as unscheduled public speaking areas. Please see attached changes in facility use, solicitation, distribution of printed materials, unscheduled public speaking areas, and peaceful assembly.
V. COMMITTEE REPORTS:
A. Senator McGarry presented the report of the Ad hoc Committee on Faculty Elections (McGARRY/Staub, Cramer, Felkel, Harris, Kaenzig. Malloy). (Included) He explained that the committee action conforms to the Faculty Constitution.
B. Chair Moore presented the report for the Agenda Committee (MOORE, Aeschleman, Cramer, Gates, McGarry/Staub). (Included)
C. In the absence of Senator Lambert, Chair Moore presented the report of The Budget Committee (LAMBERT, Pier, Simon, Strazicich) (Included) Senator Simon pointed out that students could also attend the open Foundation Board meetings.
D. Senator Yaukey presented the Campus Planning Committee (YAUKEY, Jamison, Scherlen, Smith) report. (Included) Senator Yaukey reported having a brief telephone discussion with Jane Helms. Helms discussed removing bike lanes on Rivers Street and adding a median, but the issue is not yet resolved. A decision is to be made after further discussion with the Department of Transportation, the City of Boone, and ASU. Senator Rardin pointed out that Hardin Street is also dangerous. Senator McGarry reminded us that ASU may not have the final say on construction or stoplights but does have power in utilizing ASU police to patrol the streets. Senator Jamison spoke of town-gown relations in such matters and reminded senators of the Town of Boone public hearings.
E. Senator McCaughey presented the Academic Policies Committee (McCAUGHEY, Hueslman, McGarry/Staub, Marland) report. (Included)
F. Committee on Committees (WEITZ, Cramer, Harris, Jones, Kaenzig)
No Report
G. Senator Marking presented the Faculty Handbook Committee (MARKING, Anderson, Gates, Moore) report. (Included) She explained that she has extended the deadline to receive reports from the Assistant Chairs and she has heard from all but one.
H. Faculty Welfare and Morale Committee (WARING, Felkel, Lintott, Olson)
No Report
I. Senator Rardin presented the Welfare of Students Committee (RARDIN, Ehnenn, Malloy, Ramsey) report. (Included)
J. Chair Moore presented the Chancellor’s Advisory Committee (10-18-04) report. (Included) He was asked to clarify OP in # 9: Office of the President.
VI. UNFINISHED BUSINESS:
There was no unfinished business.
VII. NEW BUSINESS:
There was no new business.
VIII. ADJOURN THE MEETING:
Senator Ehnenn moved and Senator McGarry seconded to adjourn the meeting.
VOTE –4 Adjourn the November 8, 2004 meeting.
YES 23 NO 0 ABSTAIN 0
The motion passed.
The meeting adjourned at a record time of 4:40 PM.
Respectfully submitted,
Beth Cramer
Faculty Senate Secretary
APPALACHIAN STATE UNIVERSITY
FACULTY PRESENT AND VOTING SHEET
SENATORS |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
CRAMER, BETH |
Y |
Y |
Y |
|
|
|
|
|
|
|
|
EHNENN, JILL |
|
Y |
Y |
|
|
|
|
|
|
|
|
FELKEL, BRIAN |
Y |
Y |
Y |
|
|
|
|
|
|
|
|
HARRIS. TIM |
Y |
Y |
Y |
|
|
|
|
|
|
|
|
HUELSMAN, TIM |
Y |
Y |
Y |
|
|
|
|
|
|
|
|
JAMISON, TOM |
Y |
Y |
Y |
|
|
|
|
|
|
|
|
JONES, BILL |
Y |
Y |
Y |
|
|
|
|
|
|
|
|
KAENZIG, REBECCA |
Y |
Y |
Y |
|
|
|
|
|
|
|
|
LAMBERT, MONICA (EXCUSED) |
|
|
|
|
|
|
|
|
|
|
|
LINTOTT, SHEILA |
Y |
Y |
Y |
|
|
|
|
|
|
|
|
MALLOY, MARK |
Y |
Y |
Y |
|
|
|
|
|
|
|
|
MARLAND, ERIC |
Y |
Y |
Y |
|
|
|
|
|
|
|
|
MARKING, MARTHA |
Y |
Y |
Y |
|
|
|
|
|
|
|
|
MCCAUGHEY, MARTHA |
Y |
Y |
Y |
|
|
|
|
|
|
|
|
MCGARRY, RICK |
Y |
Y |
Y |
|
|
|
|
|
|
|
|
MOORE, MICHAEL (CHAIR) |
|
|
|
|
|
|
|
|
|
|
|
OLSON, GEORGE |
Y |
Y |
Y |
|
|
|
|
|
|
|
|
PIER, CHUCK |
Y |
Y |
|
|
|
|
|
|
|
|
|
RAMSEY, COLIN |
Y |
Y |
Y |
|
|
|
|
|
|
|
|
RARDIN, PATRICK |
N |
Y |
Y |
|
|
|
|
|
|
|
|
SCHERLEN, ALLAN |
Y |
Y |
Y |
|
|
|
|
|
|
|
|
SIMON, KATHLEEN |
Y |
Y |
Y |
|
|
|
|
|
|
|
|
SMITH, STEVE |
Y |
Y |
Y |
|
|
|
|
|
|
|
|
STRAZICICH, MARK |
Y |
Y |
Y |
|
|
|
|
|
|
|
|
STAUB, SUSAN (SPRING) |
|
|
|
|
|
|
|
|
|
|
|
WARING, DOUG |
Y |
Y |
Y |
|
|
|
|
|
|
|
|
WEITZ, GAYLE (ABSENT) |
|
|
|
|
|
|
|
|
|
|
|
YAUKEY, MARGARET |
Y |
Y |
Y |
|
|
|
|
|
|
|
|
Vote Totals 22Y 24Y 23Y
1N
VOTE-1 Motion to set the terms of the Renewable Energy Initiative faculty members Dennis Scanlan and Chuck Smith to three years, which will begin with the first meeting of the REI.
VOTE –2 Motion to approve the October 11, 2004 minutes.
VOTE –3 Adjourn the November 8, 2004 meeting.
VISITORS: Neva Specht, History and UNC in Washington; Harry L. Williams, Academic Affairs;Tim Burwell, Academic Affairs; Bill Ward, Academic Affairs; Peter Petschauer, Hubbard Center and History; and Dave Haney, Council of Chairs.
Included:
MEMORANDUM TO: Dr. Neal Lineback
Dr. Lyle Schoenfeldt
Dr. Charles Duke
Dr. Mark Estepp
Dr. Bill Harbinson
Dr. Mary Reichel
FROM: Stan Aeschleman
DATE: November 24, 2004
SUBJECT: Faculty Senate Resolution
Last year the Faculty Senate submitted to Dr. Peacock a resolution regarding written bylaws as follows:
“All external departmental advisory boards have written bylaws and that these bylaws be included on the department web page.”
“All college or school advisory boards have written bylaws and that these bylaws be posted on the college or school web page.”
This resolution was approved by Interim Chancellor Durham, and I am requesting that you bring this to the attention of your respective chairs and that this resolution be implemented by the end of this academic year. Thank you.
Report of the Ad-hoc Committee on Elections
The elections chair, the Vice Chair of the Faculty Senate, will send out a general call for nominations on November 9. Nominations will be received by representatives from each college (members of the Ad-Hoc Committee representing each of the colleges) no later than December 7
(last day of fall semester classes). The list will be compiled, nominees contacted by the election chair, and a slate of nominees, including at-large nominees, will be drawn up no later than December 15. The ballots will be sent to faculty on or before January 12 (with a return date of no later than January 19). The results will be tabulated and electees contacted by January 20.
The following is the open seats on the Senate:
College of Arts & Sciences - 2 open seats
Fine & Applied Arts - 2 open seats
College of Education - 1 open seat
College of Music - 1 open seat
At large - 2 open seats
If we receive nominations from the College of Business, I would suggest placing these nominees in the At-large category on the ballot. If we receive two nominees from the same department, one will go in the college representative category and the other in the At-large category. We can also solicit At-large nominees.
We need to elect 2 delegates and an alternate to the Faculty Assembly. Calls for nomination and election will follow the suggested procedures above.
The rationale for conducting the elections within this time frame is to enable faculty and department chairs to efficiently plan the 2005-2006 academic year, freeing Senate and Faculty Assembly electees to serve without class conflicts.
Report of the Agenda Committee
The committee has had difficulty getting the agenda published on time. This is partially due to the amount of ongoing business that just keeps coming up. The committee requests that Senate committee chairs make monthly written reports to Senate and faculty on what business has been done, etc. These reports should be submitted at least one week before a Senate meeting, and sooner if the committee is presenting action items. It is unfair to Senate and faculty to not be kept up-to-date with our business. If a committee is not meeting and/or not taking up business, then it should say so. The agenda committee will take up rewriting the Senate Guidebook to reflect present practices, such as new election procedures, during the spring semester.
Mike Moore, chair
Report of the Budget Committee
We met with Jerry Hutchens on October the 18th. He informed the committee that anyone can sit in on the Appalachian Foundation Board meetings. They are held quarterly with the winter meeting in Charlotte. If we would like to have a voting member on the Appalachian Foundation Board they would have to rewrite the bylaws. He is willing to bring this to the board if that is what the faculty senate wants. The person selected would have to be an active participant with a committment to meet 2-3 times per month and during the summer. He also explained what the Foundation does for Appalachian State University.
Monica Lambert, Budget Committee Chair
The Committee met October 18th.
We have been looking at the effectiveness of the shepherding structure which was developed in response to FS03-04/10-03 Resolution on Cooperation in Campus Planning, passed by the Senate Oct. 13, 2003. We are soliciting evaluations of the shepherd process from individuals who have acted as shepherds. We are also contacting faculty and staff that have been involved in construction and renovation projects on campus for their input concerning the effectiveness of communications with Business Affairs. The CPC is working toward a proposal that would provide for greater and more productive faculty/staff involvement in campus planning, construction and renovation. Once we have generated a first draft of this process, we will request a CPC meeting with Jane Helm.
Report of the Academic Policies Committee
The Academic Policies Committee met to continue our discussion of the feasibility of College-level P&T committees, and will have a recommendation at the December Senate meeting.
Martha McCaughey, Chair
Report of the Faculty Handbook Committee
Committee work includes:
Duties of Assistant Chairs remains the biggest agenda item for this committee.
Martha has received a copy of the survey Ken Muir developed regarding Assistant Chairs. She has contacted the seven persons who hold Assistant Chairs positions and has asked them for any written documentation regarding their duties. Some have no written documentation of any kind and some have written guidelines that they have provided. A few Assistant Chairs have not
responded as of yet. Martha asked for the information by Nov. 5th.
Martha Marking, Chair
Report of the Welfare of Students Committee
The Welfare of Students committee met November 4. Discussions included the Textbook Rental Program, the creation of University Bookstore Committee, the student advising check sheets, student fees, and the SPARC Steering Committee and its focus on environment management.
Report of the Chancellor’s Advisory Committee meeting October 18, 2004
Senators present: Rick McGarry, Martha Marking, Eric Marland, Michael Moore. Also present Bill Ward, Academic Affairs
We prepared the following agenda for discussion.
Agenda for 10-18-04 Chancellor’s Advisory Committee
1. What are ways in which you can envision an expanded role for faculty in governance? What are your views about leadership by rank and status and democratic representation of faculty at Appalachian, especially in personnel matters?
2. What are your thoughts about how the university, especially faculty, can improve its quality and participate more fully in governance?
3. What is being done to improve Appalachian's funding formula for the Continuation budget? What impact would the $1million adjustment have and for how long? How would it be divided among academic affairs and other areas of the university?
4. What plans do you have to increase the strength and visibility of female involvement in leadership at Appalachian? What roles for faculty do you see in this as well as for administration?
5. What plans are being developed to control possible influenza outbreaks on campus this fall and winter?
6. What thoughts might there be to elevate Appalachian to a doctoral level university within the system?
7. What plans are there for improving Appalachian's relations with the town and county?
8. Is it necessary that Appalachian's policies appear "to be like everyone else's"? What are our unique strengths that make us different and better? Are there issues that might show possible weaknesses in our situation? How can we use our unique strengths and differences to advance the university?
9. How well does OP understand the advantages of a diverse university system and Appalachian's role in that?
Finally, the suggestions has arisen that makes sense. That is, since this is the chancellor’s Advisory Committee, what issues, questions, concerns does the Chancellor have for us to consider prior to the meetings. This seems a reasonable point-of-view, which we can’t probably implement at this meeting, but could do so for the November or other meetings.
The only questions we did not discuss were numbers 5, 6 and 7. They will be on the November agenda, although the flu issue at Appalachian may have changed by then.
We had extensive discussions of personnel issues and faculty governance, which ran through nearly all the other questions, as well. It seems fair to say that by listening and participating in these discussions the Chancellor was brought quickly up-to-speed on faculty and Senate thinking about issues such as DPC revision, college-level personnel review committees, and faculty workload concerns. He encouraged our work and noted that it is central to improving the professional quality of life for Appalachian’s faculty.
The Chancellor emphasized his commitment to openness and transparency in the operations of the university and he welcomes thorough discussion of major issues to reveal what are faculty viewpoints.
The Chancellor confirmed that the Board of Governors has recommended a $1.4 million increase in Appalachian’s continuation budget, as was noted in the News and Observer article the Senate chair previously sent to Senators. He said that the changes, which affected Appalachian, UNC-W, and UNC-C, would have to be approved by the Legislature in its next session. As for the on-campus use of the increased funds, the Chancellor said they would be given to Academic Affairs. This increase would be a permanent part of our continuation budget.
The Chancellor noted that he had asked for a $100 increase in Appalachian’s E & T fees, from the present $118 per student. Appalachian’s fee was considerably below that charged at other universities in the system (WCU, for instance, charges $270) and has posed problems for us in keeping current with technology on campus. For instance, we desperately need new university servers.
The Chancellor noted that he will be an active liaison between Appalachian and the Legislature, attempting to improve Appalachian’s image in Raleigh. In this regard, he has been heartened by the positive response to the Appalachian Caravan program now in operation to traverse the state promoting Appalachian.
In response to the question about female leadership, he noted that we were presently working on sponsorship of a Women in Leadership series of meetings and speakers at Appalachian that will begin this year. He is committed to improving the status of women at this university.
Submitted by
Mike Moore
Attached:
FACILITY USE, SOLICITATION, DISTRIBUTION OF PRINTED MATERIALS, UNSCHEDULED PUBLIC SPEAKING AREAS, AND PEACEFUL ASSEMBLY
Policy 1
Table of Contents
1 Purpose of Policy
2 Definitions
3 General Policy
4 Criteria for University Facility Usage
5 Use of University Grounds and Exterior Facilities
6 Use of Facilities by University Departments and Divisions
7 Use of Facilities by Recognized Student Clubs and Organizations and University Affiliated Organizations
8 Use of University Facilities by Not for Profit, Non University Affiliated Organizations
9 Use of Selected University Facilities by Non University Affiliated Organizations, University Departments and Divisions, and University Affiliated Organizations
10 Distribution of Printed Materials
11 Solicitation and Solicitors
12 Unscheduled Public Speaking Areas and Peaceful Assembly
13 List of User Charges Maintained at Business Affairs Office
14 Scheduling of University Facilities
15 Authority to Enter Into Contracts
_
1.1
This policy is adopted for the orderly use of University facilities and property by University departments, recognized student clubs and organizations, University affiliated groups and persons, and non_University affiliated groups and organizations and persons, as well as to establish parameters and procedures governing the distribution of printed materials on property owned or controlled by Appalachian State University.
1.2
Recognizing that its support derives in large part from public funds, Appalachian State University is committed to making its facilities and property as readily available for use by groups and individuals as is consistent with its educational mission, its duties as a custodian of State resources, and its responsibility to consider the welfare of its students, faculty, staff, and visitors. Consistent with its educational mission, the University encourages the free exchange of ideas on campus, while assuring that other important University interests and activities are not infringed upon or disrupted.
Practical as well as legal considerations dictate the formulation and publication of a written policy detailing the conditions of such availability. The intent of the document which follows is to provide for access on a basis which is both clearly defined and in the best interests of each of the constituencies to whom Appalachian State University is obligated by law and tradition.
2 Definitions _
2.1 University refers to Appalachian State University.
2.2 Student clubs and organizations are organizations comprised of Appalachian State University students and recognized by the University through its formal recognition procedures.
2.3 University departments are budgetary units of Appalachian State University.
2.4 University affiliated organizations include all official University committees, special committees, groups, and task forces supported directly by the University; the Appalachian State University Foundation, Inc. and the Appalachian State University Alumni Association.
2.5 Non University affiliated organizations include all groups or organizations which are not directly supported by the University or are not recognized student organizations.
2.6 Fund raising includes the charging of admission, solicitation for funds, sales, or donations in any form by a recognized student club or organization, University affiliated organization, or a non University affiliated organization.
2.7 Solicitation is defined as any effort or attempt to: (a) importune, entreat, implore, ask, attempt to try to obtain an order or to invite business transaction for a product offered or being sold; (b) seek orders, subscriptions, political or charitable contributions, or any other kind of financial support; or (3) distribute literature, hand_bills, samples, or other printed material for the purpose of advertising products, services, or other commercial enterprises to members of the University community.
2.8 A solicitor is defined as any person or entity who engages or attempts or seeks to engage in solicitation, as defined above.
2.9 Peaceful Assembly is the use of university facilities for the purpose of conducting a lawful assembly, rally, or demonstration not involving conduct or the encouragement of conduct that violates or would violate the law or policies of the University.
2.10 Public speaking is the use of University facilities for the purpose of orally and publicly communicating, informing, educating, or conveying an idea, concept, principle, belief, etc., to one or more other persons, other than in conversation.
2.11 Public speaker is a person who engages in or seeks to engage in public speaking, as defined above.
2.12 Public is defined as open to attendance by any individual or group and not limited solely to members of a recognized student club or organization, University department, or University affiliated organization.
2.13 Not for profit organizations are non University affiliated organizations for which contributions are tax deductible.
2.14 Facilities are defined as buildings and grounds owned or controlled by the University. Excluded from this policy are properties owned or controlled by the Appalachian State University Foundation, Inc. or the Board of Trustees of the Endowment Fund of Appalachian State University unless these facilities are in use principally for support of student activities or academic programs.
2.15 Division of the University is a group of University departments organized around a particular function. There are four divisions of the University: Academic Affairs, Business Affairs, Student Development, and University Advancement.
2.16 Unscheduled Public Speaking Areas are areas on campus at which the University permits assemblies and gatherings of affiliated and non_affiliated persons and groups without prior approval, for noncommercial purposes, on a first_come first_served basis, unless the use of such area(s) has been previously scheduled pursuant to other provisions of this Policy. Currently, such Unscheduled Public Speaking Areas include Sanford Mall, Durham Park, the Duck Pond Field behind Trivette Hall, and the open_air amphitheater adjacent to the Plemmons Student Union.
2.17 Unlawful conduct is conduct that is prohibited by Federal, State, or local law or regulation, or that violates one or more rights of a person or entity under the common law of North Carolina.
2.18 State law for purposes of this Policy is North Carolina law potentially applicable to expressive conduct, both common law (including, but not limited to, the law of defamation and infliction of emotional distress) and statutory law, including, but not limited to: N.C.G.S. § 14_190.1 (obscene literature and exhibitions); N.C.G.S. § 14_190_13 (definitions for certain offenses concerning minors); N.C.G.S. § 14_190.14 (distributing material harmful to minors); N.C.G.S. § 14_190.15 (disseminating harmful material to minors); N.C.G.S. § 14_288.4 (disorderly conduct); N.C.G.S. § 14_144 (defacing buildings); N.C.G.S. § 14_132 (disorderly conduct in and injuries to public buildings and facilities); N.C.G.S. § 14_145 (unlawful posting of advertisements); N.C.G.S. § 14_159.12 (first degree trespass); N.C.G.S. § 14_159.13 (second degree trespass); N.C.G.S. § 14_10 (prohibiting disguises in certain circumstances); N.C.G.S. § 14_394 (anonymous threatening or disgrace_causing writings); and N.C.G.S. § 14_35 (hazing).
2.19 Graffiti, for purposes of this policy, includes all forms of writing, lettering, drawing, tagging, marking, or painting on objects, buildings, walls, or any other surfaces, whether mobile or stationary.
3 General Policy
3.1 Use of University facilities and grounds is governed by the laws of the State of North Carolina. Policies and guidelines have been established to ensure compliance with these laws, their consistent application, and the orderly use of these facilities within the resources and mission of the University. University facilities exist to accomplish the educational objectives and programs of the University. University departments, divisions of the University, University affiliated organizations and recognized student organizations are granted use of these facilities for educational, cultural, developmental, and social programs and activities within the guidelines of this policy. Departments and divisions of the University shall have priority in the use of University facilities. Recognized student organizations and University affiliated organizations shall have priority in use over non University organizations and persons.
3.2 Appalachian State University recognizes the value of providing students, faculty, staff and others the opportunity to assemble and communicate with one another outside the classroom setting, as well as to distribute informative printed material to members of the University community. The University is committed to protecting First Amendment rights of individuals and will afford reasonable opportunity for people to distribute printed materials and to engage in other forms of expression and assembly on campus. Except with respect to commercial expression, and expression (e.g., obscenity, defamation, fighting words, harassment) which the Supreme Court has held constitutes "constitutionally proscribable content," see, e.g., R. A. V. v. City of St. Paul, 505 U.S. 377, 382_86, 390_92 (1992), the University will not make decisions or take actions based on the content of printed materials distributed on campus. However, the University reserves the right to place restrictions, unrelated to the content of non_commercial expression, on the time, place and manner of the use of campus facilities, including the distribution of printed material on campus.
3.3 Normally no fee is charged for the use of facilities by University departments or divisions of the University, University related organizations, or recognized student clubs and organizations, except for facilities that are receipt supported. In these facilities, a user fee may be charged, (e.g., Broyhill Inn, Legends).
3.4 Non University affiliated groups that are educational, governmental, community, or charitable organizations may be granted permission to use University facilities to sponsor educational, governmental, community, or charitable programs on a single event basis.
3.4.1 Programs by these organizations must be co_sponsored by a University affiliated organization or department with a logical relationship to the sponsored program. In all cases, these organizations are required to reimburse the University for the costs of utilities, custodial services, and other direct and indirect costs, except where the function serves the primary purpose of recruiting new students to the University.
3.5 No person associated with the University in any capacity shall use for his or her own financial benefit or any other personal purposes University facilities or property, except as specifically authorized by this policy. No University facilities or property may be used by a commercial enterprise or other non University affiliated organization for profit except as provided for in Section 9 of this policy. No person affiliated with the University in any capacity shall sponsor or act as an agent for any non University affiliated commercial enterprise or individual to gain for that organization or individual benefits or access limited to University affiliated organizations, University departments, or recognized student clubs and organizations. Except as provided in Section 9 of this policy, University facilities are normally not made available for private use by individuals or commercial enterprises.
3.6 Facilities utilized shall be appropriate to the requirements of the function concerning staging, anticipated audience, and similar concerns. Administrative offices responsible for the facility to be used will exercise caution in long_range advanced scheduling that may pre_empt the University's teaching, scholarship, co_curricular, or service functions. The University reserves the right to cancel reservations for prescheduled non University affiliated organizations when they conflict with functions central to the educational mission of the University.
3.7 During periods when the University is not officially in session, the University's use of facilities is diminished. This reduced demand will be considered in reviewing requests for use during these periods.
3.8 Permitted use of facilities shall be subject to all other applicable Appalachian State University policies, including, but not limited to, policies regulating social events, fund raising by student clubs and organizations, and events at which alcoholic beverages are to be consumed.
3.9 University officials reserve the right immediately to terminate any use of University facilities if, in the judgment of those officials, continuation of such use will result in: (a) danger to participants or others; (b) unlawful conduct by participants or others; or (c) interference with disruption or disturbance of the University's educational mission, operations, business, or functions.
3.10 The University will require that any group or entity that has secured approval and scheduling with respect to its proposed use of University facilities or property also secure approval from the Appalachian State University Police Department to ensure that sufficient police support is available.