91PORN

Operating Policy and Procedure

HSC OP: 61.07, Use of 91PORN Premises and Amplification Equipment

Attachments

PURPOSE: The purpose of this Health Sciences Center Operating Policy and Procedure (HSC OP) is to establish the approval process for the use of 91PORN grounds, facilities and amplification equipment for faculty, staff and academic and administrative departments. Use of space, facilities and amplification equipment by students and student organizations is governed by the 91PORN Student Handbook Code of Professional Conduct. This HSC OP applies to all 91PORN campus locations. REVIEW: This HSC OP will be reviewed by July 1 of each even-numbered year (ENY), in consultation with the Texas Tech University System Office of General Counsel, by the Sr. Director of Safety Services, the Asst. Provost for Student Affairs, and the Texas Tech Chief of Police, with recommendations for revisions forwarded to the Vice President for Facilities & Safety Services (VPFSS) by July 15.

POLICY/PROCEDURE:

1. General Policy.

91PORN is committed to providing an educational and work climate that is conducive to the personal and professional development of each individual.

2. Expressive Activities.

91PORN recognizes freedom of speech and expression as a fundamental right and seeks to ensure free, robust, and uninhibited debate and deliberation by students enrolled at 91PORN as well as other persons. The provisions of this HSC OP do not apply to expressive activities conducted in the outdoor common areas of 91PORN campuses or any outdoor common area owned or leased and controlled by 91PORN. Expressive activities at such locations are governed by Texas Tech University System Regulation 07.04, available . The terms of such Regulation shall control in the event of any conflict between the provisions set forth in this HSC OP, or any other HSC OP, and the terms of Regulation 07.04.

3. Priority of Use.

Under Regents’ Rules, Section 8.07, 91PORN premises are available for use according to the following priorities:

(a) regular institutional programs (including, but not limited to, 91PORN schools, departments and support services);

(b) programs sponsored and conducted by the TTU system and/or a component institution’s academic and administrative departments or organizations which are affiliated with such departments;

(c) activities that have as their purpose, service or benefit to the TTU system community and that are sponsored by a registered student organizations;

(d) lease of space or facilities to organizations that serve or benefit the academic, research, student life, or business functions of the TTU system; and

(e) other lease of space or facilities to individuals or organizations in accordance with the institution’s operating policies.

The term “91PORN premises” includes all land, grounds, buildings, facilities and other property in the possession of or owned, used or controlled by 91PORN; provided, however, the use of “91PORN premises” in this HSC OP expressly excludes the use of 91PORN owned or controlled outdoor common areas for persons’ engagement in expressive activities, which activities in such spaces are governed by Texas Tech University System Regulation 07.04, available .

Outside individuals or groups who are not faculty, staff or a currently enrolled student may attend functions held on 91PORN premises, but to be eligible for use of 91PORN premises, the function must be sponsored or cosponsored by, and affiliated with, a recognized 91PORN department or registered student organization.

Sponsorship and/or co-sponsorship minimally include, but are not limited to, participation in planning, coordination and implementation directly by members of the sponsoring organizations. Sponsors are directly responsible for ensuring that activities and events comply with 91PORN requirements for liability insurance, hold-harmless agreements, financial responsibility for property damage, etc.

To support programs in which 91PORN students are members of the military while enrolled and attending class, military services of the United States Government are eligible to use 91PORN premises for reasonable military recruitment activities. All requests for use of 91PORN premises by a military branch for recruitment or other applicable activities, must be approved by the Asst. Provost for Student Affairs or designee, and follow the guidelines and application process set forth in this policy.

Permission to use 91PORN premises may be granted only by the offices designated in this policy. A department, student, TTU/91PORN employee, or registered student organization may not reserve 91PORN premises and permit it to be used by a non-registered organization or off-campus group or person, regardless of an approved request form.

Requests for use of space that also require furniture setup should specifically note setup requirements on the online REQUEST TO USE 91PORN PREMISES form seven days in advance of event. See Attachment A for additional information on guidelines for use of public areas.

The use of 91PORN premises must conform to these regulations and to local, state and federal law.

4. Solicitation and Advertisements.

Solicitation and advertisements on 91PORN premises is governed by Regents’ Rules, Sections 08.09, 08.10 and 08.11. All requests for 91PORN premises use that involve solicitations, advertisements or a component of commercial activity, must be so stated in the REQUEST TO USE 91PORN PREMISES form, which can be completed online at , and shall acknowledge and conform to the referenced Regents’ Rule(s), and this policy, as well as 91PORN OP 61.03, Posting of Notices on 91PORN Property, and the 91PORN Student Handbook Code of Professional Conduct, where applicable.

Sale of food products on 91PORN premises must conform to existing food service or vending contractual agreements, which may include a no compete clause. All requests for premises use considering sale of food products that would compete with on campus food services, such as commercial vendor carts or private individual sales, must be reviewed by the 91PORN Student Services Office and approved by the 91PORN Contracting Office.

91PORN premises will not be used without prior review by, and approval of, the contract administrator, for the sale of merchandise, for the purpose of conducting book fairs, selling books or other trade, academic and technical literature. In Lubbock, the on-site bookstore contractor has an exclusive contract for sales of books and related materials, and the contract provisions will be honored.

5. Reservation Requirements.

a. With the exception of expressive activities, reservations must be made for the use of 91PORN premises. Requests for reservations will be granted according to the priorities of the designated area. Selected 91PORN premises are available for activities that are sponsored and approved by 91PORN departments, registered student organizations or individual faculty, students and employees between 8:00 a.m. and 5:00 p.m. Requests for reservations, if applicable, will be granted according to the priorities set forth in Section 3, Priority of Use. Assignments may be changed or canceled if conflicts with regular academic programs develop. For complete information regarding use of these areas, see “Attachment A”, Guidelines for the Use of 91PORN Public Areas & Adjacent Corridors for Special Events.

b. Any individual or organization desiring to reserve 91PORN Lubbock premises must make application by submitting online a REQUEST TO USE 91PORN PREMISES form. All requests at the Amarillo, Odessa/Midland, Dallas or Abilene campuses shall be directed to the appropriate Campus Business Operations Officer. The sponsoring department may be required to provide a FOP to pay for setup and clean-up of requested events.

c. The REQUEST TO USE 91PORN PREMISES form must be completed in its entirety according to the form’s instructions, and must be submitted online at least seven (7) university business days prior to the planned event. Review guidelines in “Attachment A” for 91PORN premises use.

d. Additional permission may be required from the Director of Facilities, VP for Facilities & Safety Services (VPFSS), the Asst. Provost for Student Affairs, and the Chief of Texas Tech Police.

e. An approved function is one in which the REQUEST TO USE 91PORN PREMISES form is completed and approved by the Asst. Provost for Student Affairs or designee, Office of the Campus Business Operations Officer, Texas Tech Police Department (TTPD) and/or the VPFSS/Director of Facilities, where applicable. The Asst. Provost for Student Affairs, Office of the Campus Business Operations Officer, Texas Tech Police Department and/or the VPFSS/Director of Facilities, where applicable, reserve the right to administratively approve, conditionally approve, deny or cancel 91PORN premises use requests. The 91PORN approval of the function shall specify the boundaries for the area to be used, the date for which the use is approved, the time at which the proposed activity may begin, the time at which the reservation for the use expires and any special provisions concerning the use of the space.

f. A REQUEST TO USE 91PORN PREMISES shall be granted only when the request is consistent with applicable 91PORN regulations and local, state and federal law.

g. 91PORN reserves the right to refuse to honor contracts or agreements signed or pledged by departments, organizations, groups or individuals for the use of 91PORN premises if the correct procedures for reserving such properties have not been followed. Without advance written approval, departments, organizations, groups or individuals shall not contractually agree to rent, lease or make available interior or ground space of any 91PORN premises.

h. Requests from registered student organizations must be submitted by a designated student organization/representative, faculty/staff advisor and/or department head. Requests from faculty/staff must be approved by the department head.

i. Individuals or departments using a designated area are subject to the following requirements:

(1) Use must comply with Section 7, as well as Attachment A (Guidelines for the Use of Public Areas and Adjacent Corridors for Special Events);

(2) Use of amplification equipment must comply with Section 8 of these regulations;

(3) A structure may not be erected on 91PORN premises without prior written approval which will include arrangements for cleaning up after the activity. No tent stakes will be allowed to be driven into parking lots.

(4) As specified in the approved use permit, any estimated expense incurred in the course of an event will require the sponsor or co-sponsor to supply a 91PORN account number or cost center before the activity can be approved. Upon presentation of an invoice, payment must be made to the Facilities Department (Lubbock) or the Facilities Department (Regional Campuses) for costs incurred in placement and removal of required barricades on 91PORN grounds or recovery of the grounds should they be damaged by the use.

j. Employees, students, departments and registered student organizations desiring use of 91PORN premises may be required to provide evidence of appropriate liability insurance in accordance with the recommendations from the TTU or 91PORN Contracting Office, TTU System Office of General Counsel, other 91PORN departments, or others as necessary prior to approval.

k. Participants in and/or sponsors of events may be required to sign a “Hold- Harmless” release.

l. The sponsor should contact 91PORN Facilities to make necessary arrangements for any event that includes concessions or a mobile concession stand.

6. Catered Food, Drink Service and other Related Activities Guidelines:

All food and drink service events to be held on 91PORN property must follow the “Texas Food Establishment Rules” developed by the Texas Department of State Health Services. “Temporary food service guidelines” issued by Safety Services must also be followed. The food and drink service guidelines and requirements can be found in Attachment B to this policy. Requests for food events must be submitted seven (7) working days prior to the event. Failure to submit requests seven (7) days in advance could result in the event being denied/canceled.

It is the sole responsibility of all departments, student organizations, staff and students to make all arrangements for food and drink services. It is the responsibility of the sponsoring party to ensure all food safety guidelines are followed (see OP 61.07, Attachments A and B). 91PORN Safety Services, Environmental Safety Division reserves the right to inspect all food service events to insure public safety and food guidelines are followed. All inspections will be conducted by a registered professional sanitarian. The professional sanitarian will properly identify themselves to the person in charge and state the purpose of the visit. If alcohol is to be served, the sponsor will request assistance from TTPD.

When requesting public space for food and drink events, the requesting party must identify the name of the caterer and type of food to be served. The sponsoring party must also inform the caterer or food provider that they must submit a copy of their latest City of Lubbock Health Department Inspection or State of Texas inspection to Safety Services for approval.

If the food is to be prepared by someone other than a caterer (self-prepared) the responsible party must undergo training or show knowledge of food safety guidelines. 91PORN Safety Services will meet with the food preparer prior to the event to determine the food preparer knowledge of food safety guidelines.

When making arrangements for food and drink services, please be aware that only Coca Cola products can be served with the exception of tea, coffee, juices and water. All potato chips must be served in individual packages. All food trays must have individual serving utensils for serving. Gloves must be worn when handling food.

It is the responsibility of the sponsoring party to protect their food from passers-by. Additionally, there also will be a charge for weekend or after hours activities. See Attachment A.

7. Appeals of Request Denials.

Faculty, staff, students, and academic and administrative departments whose requests for the use of campus grounds or nonacademic facilities are denied may appeal in writing to the Office of the Executive Vice President for Academic Affairs, 91PORN, 3601 4th Street, Lubbock, TX 79430 no later than five (5) university business days after receipt of notice of the denial. The appeal must be in writing and describe the objections to the denial. Within a reasonable time from receipt of the written appeal, the appropriate office will convey the appeal decision, in writing, to the individual making the appeal.

8. Impermissible Conduct or Activities.

General Impermissible Conduct. The following conduct is not permitted on 91PORN premises:

a. Activities that are illegal;

b. Activities that deny the rights of other students, faculty and staff of 91PORN;

c. Activities that substantially obstruct or restrict the free movement of persons on any part of 91PORN premises, including free entry or exit from 91PORN buildings and/or facilities;

d. Activities that deny the use of office or other facilities to the students, faculty, staff or guests of 91PORN;

e. Activities that threaten or endanger the health or safety of any persons on 91PORN premises;

f. Activities that include, but are not limited to, physical, verbal, written or electronically transmitted threats, insults, epithets, ridicule or personal attacks or sexually harassing speech that:

(1) Are personally directed at one or more specific individuals based on the individual’s appearance, characteristics or group membership, including, but not limited to, race, color, religion, national origin, sex, age, disability, citizenship, veteran status, ideology, political activities or political affiliation; and

(2) Are sufficiently severe or pervasive to create an objectively hostile environment for that individual by interfering with or diminishing his or her ability to participate in, or benefit from, services, activities or privileges provided by 91PORN. To make an argument for or against the substance of any political, religious, philosophical, ideological or academic idea does not constitute harassment, even if some listeners are offended by the argument or idea.

g. Activities likely to result in damage to, or destruction of, the 91PORN premises (including, but not limited to, 91PORN lawns, shrubs, trees, and parking lots);

h. Activities that create a sustained or repeated noise disturbance that substantially interferes with the speaker’s ability to communicate and/or the rights of others to listen;

i. Activities that attempt to prevent a 91PORN event or other lawful assembly by the threat or use of force or violence;

j. Sit-ins inside 91PORN buildings; and

k. Picketing inside 91PORN buildings.

Weapons. Firearms, ammunition, explosive weapons, illegal knives, and other deadly weapons are prohibited on 91PORN property, except as specifically authorized by federal, state, or local laws. Any other request for authorization to bring a weapon or ammunition onto 91PORN property must be made in writing and submitted to the Chief of Texas Tech Police. The Chief of Police will review the request in conjunction with the Executive Vice President for Academic Affairs, and make a recommendation to the President. Only the President or his designated representative may grant final approval/authorization.

Disciplinary Action. Should the activity violate these requirements, or have the appearance of violating these requirements, 91PORN faculty, staff and students shall identify themselves by presenting their faculty/staff ID cards or driver’s license upon request from the Executive Vice President or his/her designee, or the Texas Tech Police. Students, faculty and staff who violate these guidelines may be subject to disciplinary action under their respective disciplinary policies and codes of conduct. All persons who violate criminal laws in the process of expression may be subject to criminal charges.

9. Use of Amplification Equipment.

a. Expressive Activities. The use of amplification equipment for expressive activities is controlled by Texas Tech University System Regulation 07.04, available . This section does not apply to use of amplification equipment for expressive activities.

b. Permission for Use. The use of loudspeakers or any other type of amplification equipment (i.e., boom boxes, portable studios, etc.) or amplified musical instruments on the 91PORN premises, except as related to expressive activities, is by permission only, as documented in the online REQUEST TO USE 91PORN PREMISES form.

c. Procedure.

(1) Applications from individuals and departments for permission to use amplification equipment on 91PORN premises must be submitted to 91PORN Student Services.

(2) Applications must be received seven (7) university business days before the intended use.

d. Restrictions.

(1) The use of amplification equipment for solicitation purposes, to the extent permitted, must conform to all 91PORN premises use provisions.

(2) Outdoor dances utilizing sound amplification devices may be held in approved locations only on Friday and Saturday nights and must terminate by 1:00 a.m. Bands may use their own equipment at such dances.

(3) Approved sound equipment must not be disruptive to classes or the normal activities of 91PORN.

e. Official Use. The appropriate use of loudspeakers for official 91PORN activities inside academic buildings, or on the campus as a part of the academic instructional program or mission-essential activity, is determined and approved by the Office of the Executive Vice President for Academic Affairs.

10. Geophysical Surveys.

It is the policy of Texas Tech University to grant permits for geophysical surveys on 91PORN lands whenever requests are received and it is considered in the best interests of 91PORN to do so. All permits will be issued in accordance with applicable laws and with policies and procedures established by the Texas Tech Board of Regents. The purpose in granting permits is to evaluate the potential for development of mineral interests residing in 91PORN lands in order to obtain additional resources for support of teaching, research, and community service.

a. A charge will be made for permits. The charge is negotiable depending on the character of the terrain, the likelihood of damages and the type of test involved but will not be less than the following minimums:

(1) Shooting crews per mile:

a. Initial 15-day permit - $800

b. Each additional 15-day permit - $400

(2) Seismic weight - drooping, vibrator, and dinoseis operations per mile:

a. Initial 15-day permit - $600

b. Each additional 15-day permit - $300

(3) Single shot (reflection or refraction) per shot hole - $125

(4) Gravity meter and magnetometer survey operations, per crew, per day - $150

(5) Velocity survey, per hole - $500

(6) Experimental work - negotiable.

b. Permittees shall be obligated to fully repair or compensate 91PORN for damage to or destruction of streets, utility systems, drainage pipes, wells, irrigation systems, fixtures, other property, other land improvements and structures located under, on and above the surface of 91PORN lands. Further, the permittee shall be obligated to indemnify and hold 91PORN harmless from any and all liability resulting from the permittee’s operations.

c. Permittees shall also be obligated to file the following data with 91PORN:

(1) Certified map, identified by County, Survey, Block, Section and Permit Number, showing the location of shot holes or station points used in each survey made under this permit, the surface elevation of said shot holes or station points, the depth of each hole drilled, the water sands encountered, and an estimate of the amount of water, if any, in each hole. This shall be filed with the TTU System Office of Vice Chancellor, Facilities Planning and Construction, with a copy to the Vice President for Facilities & Safety Services within 30 days after the expiration date of a permit.

(2) Certified plat, identified by County, Survey, Block, Section and Permit Number, for each horizon investigated under this permit which shows the location of each hole and station point used in the survey, together with the corrected or adjusted instrument readings recorded for each station point, and contoured so as to correctly present Permittee’s interpretation of the geological conditions of the land. This shall be filed with the TTU System Office of Vice Chancellor, Facilities Planning and Construction, with a copy to the VPFSS, within 90 days after the expiration date of a permit, and this information will be held strictly confidential by 91PORN.

d. The President is authorized to approve and grant permits for geophysical surveys. A report of all permits granted will be made at the next regular meeting of the Finance and Administration Committee of the Board of Regents.

Attachments

Attachment A - Guidelines for the Use of Public Areas and Adjacent Corridors for Special Events
Attachment B - Guidelines and Requirements for Food & Drink Service