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14.00 Policy on Use of University Properties

Revised UCSD Student Conduct Regulations; Approved for Implementation; Date of Last Revision Sept. 15, 2012

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14.10 General Provisions

14.10.11.
This policy provides procedures and criteria for the use of University properties by UCSD students, student governments and registered student organizations. This policy may also provide procedures and criteria, based upon benefit to the University, permitting the use of University and UCSD properties by other persons or organizations. Non-University persons or organizations shall be eligible to use such properties only in compliance with this policy and upon invitation of student governments, other UCSD administrative units and designated officials, or registered student organizations.

14.10.12.  University or UCSD Support, Sponsorship, or Endorsement
All individuals or organizations using University properties and services must avoid any unauthorized implication that they are sponsored, endorsed, or favored by the University or UCSD.

14.10.13.
All activity in grounds generally open to the public must be conducted in such a way that traffic is not impeded and the normal activity in classrooms and offices is not disrupted. Tables or moveable stands may not be placed in areas where passages to any entrances or walkways are blocked. Individuals and organizations other than registered student organizations and official units of the University may not set up tables or moveable stands without permission from the UCSD Official responsible for the area.

14.11.  Reservations and Availability of Space

14.11.10.  All use of UCSD properties must be in accordance with applicable Federal, State and local laws, University policies and regulations, and with UCSD procedures which implement this policy per UCSD PPM 510.1. 

14.11.11.
All persons on University property are required to abide by University policies and UCSD regulations and shall identify themselves upon request to University officials acting in the performance of their duties. 

14.11.12.
Violation of University policies or UCSD regulations may subject a person to possible legal penalties; if the person is a student, faculty member, or staff member of the University or UCSD, that person may also be subject to discipline pursuant to applicable University or UCSD policies. 

14.12.  Lawful Use of University Property
UCSD properties shall be used only in accordance with applicable Federal, State and local laws and shall not be used for the purpose of organizing or carrying out any unlawful activity. 

14.13.  Use of University Property in Exercise of Right of Expression
On University and UCSD grounds open to the public generally, as defined in Section 11.12.17. and Section 11.12.19. of these UCSD regulations, all persons may exercise the constitutionally protected rights of expression, speech, assembly, worship, and distribution and sale of non-commercial literature incidental to the exercise of these freedoms; such activities shall not interfere with the orderly operation of UCSD and must be conducted in accordance with UCSD time, place and manner regulations. 

14.14.  Use of Properties by Registered Student Organizations 

14.14.10.
Registered student organizations may use the UCSD facilities made available by UCSD for organization related programs. Subject to the availability of space, no charge shall be assessed, except in the following circumstances: 

14.14.10.10
Bond finance space is free only to the constituency assessed fees to pay the bond, e.g., registered student organizations in Registration Fee financed space. Non-residential student organizations in Housing and Food Services bonded space may be charged a fee to cover the expense of the debt service; 

14.14.10.11.
Space maintained and supported from outside sources, e.g., the International Center, may assess a space usage fee to organizations outside of their constituency; 

14.14.10.12.
A fee may be charged for use of those facilities which incur unusual expenses to operate, e.g., Price Center facilities and the Mandeville Auditorium; 

14.14.10.13.
Religious and student political student organizations may use University properties in accordance with Section 15.11.13. of these regulations; 

14.14.10.14
During the period prior to action on application for renewal of registration, student organizations may use UCSD facilities for membership meetings, but not for fund raising purposes unless written permission is obtained from the Assistant Vice Chancellor, Student Programs and Facilities or designee. 

14.14.11.
Upon becoming recognized as a registered student organization for at least one year, registered student organizations are eligible to apply for permanent space within the University Center facilities. 

14.14.12.
Registered student organizations are eligible to request all UCSD services at normal UCSD rates. Note exceptions under Section 15.11.13. applying to student religious organizations and student political organizations. 

14.15.  Denial of Request and Appeal of Denials 

14.15.10.  Denial of Requests for Use:
A request for use of UCSD or University properties may be denied if the request is not in accordance with applicable UCSD Policies and regulations, and shall be denied if circumstances are such that the event will present a clear and present danger to the orderly operation of the UCSD. The applicant shall be accorded a review of any denial of a request for use of UCSD or University properties or facilities. If a request is denied on the basis of a clear and present danger to the orderly operation of UCSD, the applicant shall be accorded a prompt appeal to the Chancellor or designee, who shall recognize the University's heavy burden in justifying such a denial.

14.15.11.
Denials of requests from students and student organizations for use of UCSD or University facilities shall be appealed by the requester in accordance with the Student Grievance Procedure set forth in Section 23.00. below. Denial of requests may be appealed by the applicant as noted below to the following UCSD officials:

14.15.11.10.
Vice Chancellor for Student Affairs for students, registered student organizations, Student Affairs Administrative Units, and college organizations; 

14.15.11.11.
Vice Chancellor for Business Affairs for all registered campus organizations, except as noted above in Section 14.15.11.10. and all requests from official units of UCSD not within Student Affairs;

14.15.11.12.
External groups may appeal to the Committee on Use of University Properties.

14.15.12.
The Vice Chancellors for Student Affairs and for Business Affairs, respectively may refer appeals to the Committee on Use of University Properties for review and study. Recommendations are then made to the appropriate Vice Chancellor whose decision shall be final unless the Chancellor, at his or her discretion, shall choose to review a request.

14.16.  UCSD Alcohol Policy 

14.16.10.  Introduction

14.16.10.10.
The University provides a broad learning experience for encouraging the personal and intellectual growth of students, faculty and staff. It is in keeping with the role of the University and an aspect of its educational mission to promote responsible behavior that recognizes the rights of both individuals and the community. Thus, the University has an obligation to assist the entire UCSD community to become better informed about alcohol use and its abuse.

14.16.10.11.
Alcohol consumption, and the adverse consequences thereof, represent one of the most serious problems on University campuses. Alcohol problems have effects throughout the spectrum of academic and personal campus life. Those who consume or serve alcoholic beverages at functions should be provided with an adequate understanding of the substance and the issues that surround its use. This policy places its primary emphasis on behavior, recognizing the rights and responsibilities of individuals to make their own informed decisions regarding consumption.

14.16.11.  Scope

14.16.11.10.
This policy covers the rules and regulations governing the consumption of alcoholic beverages on University premises under the administration of UCSD. In all instances where consumption is permitted, the sponsoring non-University persons or organizations, student governments, other official UCSD units, registered student and college organizations, and non-UCSD persons or organizations involved are responsible for compliance with applicable local, state, and federal law and applicable University and UCSD policies and regulations. Individuals or groups violating such laws, policies, or regulations may be subject to sanctions by UCSD, University, local, state, or federal authorities.

14.16.11.11.
This policy does not cover rules and regulations governing Scripps Institution of Oceanography vessels, for which policies and procedures on the sale, service, consumption, or possession of alcoholic beverages are issued by the Director, Scripps Institution of Oceanography or his/her designee.

14.16.12.  References  

14.16.12.10.  UC Policy on Use of Alcoholic Beverages.

14.16.12.11.  November 1, 1990 UC Policy on Substance Abuse.  

14.16.12.12.  UCSD Policy and Procedure Manual (PPM)  

250-270: Corrective Action

350-30: University Sponsored Entertainment

543-1: Catering Services

14.16.12.13. Manual of Academic Senate, University of California, Section V.

14.16.12.14. UCSD Student Conduct Code.

14.16.12.15. University Hospital and Clinics Regulations (current policy).

14.16.12.16. Scripps Institution of Oceanography Regulations (current policy).

14.16.13.  Policy  

14.16.13.10.  California State Law
California law regarding use of alcoholic beverages is highlighted here. The laws are abbreviated for general use and may not cover all situations. It is the responsibility of the server and consumer of alcoholic beverages to be aware of, and abide by, all applicable state laws. It is against the law:

a.  to sell, furnish, give or cause to be sold, furnished, or given away any alcoholic beverage to a person under the age of 21, and no person under the age of 21 may purchase alcoholic beverages;

b.  for a person under the age of 21 to possess alcoholic beverages on any street or highway or in any public place or any place open to the public;

c.  to sell, furnish, or give away alcoholic beverages to an obviously intoxicated person

d.  to sell alcoholic beverages any place in the state without proper license from the Department of Alcoholic Beverage Control.

14.16.13.11. Alcohol on UCSD or University Property
The following provisions cover the purchase, sale, service, and consumption of alcoholic beverages on UCSD or University property or facilities.

a.  Residential Facilities

All residential facilities on UCSD property shall fall under the jurisdiction of this policy.

1.  Consumption of alcohol is prohibited in all public areas of the on-campus housing facilities. All areas other than private rooms and apartments are considered public areas.

2.  Containers of alcoholic beverages in excess of 1 gallon in size (e.g., kegs, pony kegs, party balls, etc.) are prohibited in all areas of the University residential facilities.

3.  It is a violation of University policy for students under the age of 21 to consume or possess alcohol in any University housing area.

4.  If students 21 years and older possess and consume alcoholic beverages, such activity must occur in the private bedrooms of UCSD residential facilities and in the interior areas, (e.g., excluding patios and balconies), of UCSD residential apartments.

5.  Residents who provide alcohol to guests may be held accountable by UCSD for the behavior of their guests.

b.  Other UCSD Properties

The sale, service, consumption, or possession of alcoholic beverages on UCSD property or facilities shall be in accordance with legal requirements and is prohibited except in the following:

1.  areas specifically designated by the Chancellor or other appropriate UCSD officials, e.g., facility managers for a particular function not open only to the UCSD community, i.e., students, faculty, staff, and University affiliates

2.  private offices/space where a social function or small meeting is being held with the approval of an appropriate UCSD official or faculty member (e.g., supervisors and management personnel)

3.  UCSD Medical Center according to their policies and procedures on the sale, service, consumption, or possession of alcoholic beverages issued by the Director, UCSD Medical Center or his/her designee;

4.  licensed areas, properties, or establishments;

5.  off-campus locations by UCSD organizations or units sponsoring activities subject to regulations of the properties (areas) being used. Liability insurance coverage may be required, subject to review by the Business Office, if the event is open to the general public. See also Section 14.16.14.11., Liability;

c.  UCSD Events Held in Public Space

1.  UCSD events are defined as events approved by the appropriate UCSD officials which are held in public space on UCSD property or facilities.

2.  "Public space", shall be defined as all areas which are accessible to the general public. This does not include personal living space or those residential areas that have access limited to only those in authorized possession of keys.

3.  Planners of UCSD events in public spaces at which alcohol can legally be served must receive approval from the appropriate UCSD official(s), at least 2 weeks before the event. This approval must be in writing. The planner(s) must complete the "Use of Alcoholic and/or Malt Beverages" form and must follow State law, University policy and UCSD regulations in the planning and managing of the event. To receive these approvals, the planners must complete the approval form issued by one of the following agencies offices:

i.  Registered Student Organization - Student Activities and Governments

ii. Medical Students - Office of Student Affairs, School of Medicine

iii. Graduate Students - Graduate Division

iv. College organizations - Appropriate College Dean's Office

4.  The consumption of alcohol must not be the major focus of the event.

5.  Security at all events must be approved by the Director of Student Activities and Governments.

6.  In order to identify persons who are not of age to drink, a secure system shall be used at student events where alcohol is served.

7.  Persons who, in the judgment of the server and/or sponsor, are intoxicated shall not be served.

8.  Alcoholic beverages must be served directly by official event personnel who are at least 21 years of age.

9.  Identification must be checked by official events personnel who are at least 21 years of age.

d.  If the organizers plan to sell the alcoholic beverages for money or exchange of the alcoholic beverages for anything else of value, (such as tickets or chits), then the organizers must obtain an appropriate license from the State of California. No "cover charge" or "donation" may be collected at the door of a UCSD or University event when such charge is used for the purchase of alcohol. Organizers must also abide by the requirements set forth in the Use of Alcohol and Malt Beverage form.

e.  Whenever alcoholic beverages are served, non-alcoholic beverages must be made available at the site of the function.

f.  Attendance at functions on UCSD at which alcoholic beverages are served is limited to members of the sponsoring organization or administrative unit and their guests.

g.  Individuals are prohibited from bringing their own alcoholic beverages for consumption at a UCSD event.

h.  State funds or restricted funds may not be used for the purchase of alcoholic beverages for consumption. It is the responsibility of the UCSD official approving the purchase to be aware of which funds may be properly used. See UCSD PPM 350-30, University Sponsored Entertainment.

i.  To promote the safety of the participants, sponsors must terminate the serving of alcoholic beverages prior to the end of an event, e. g., at least one (1) hour before the end of an event if the event is scheduled to run for more than three (3) hours.

j.  Each UCSD function at which alcoholic beverages are served must have official approval prior to the function.

k.  Purchase of alcoholic and/or malt beverages for UCSD sponsored functions must conform to all established, approved procedures as identified in Section 14.16.14., below.

14.16.13.12.  Sponsorship of UCSD Events

a.  Official Sponsors

Functions, where alcoholic beverages are being served, must be sponsored by an official UCSD administrative unit, registered student organization(s),campus organization(s), or college organization(s) recognized by the appropriate UCSD official.

b.  Manufacturers and/or Distributors of Alcoholic Beverages

1.  All sponsors, must conform to and comply with UCSD policies and procedures, and State law concerning all aspects of the event. The donation of alcoholic beverages by manufacturers and/or distributors is prohibited.

2.  The sponsoring UCSD department, office or organization must be clearly identified as the primary sponsor of the event. Any recognition of the manufacturer and/or distributor shall be secondary to the UCSD sponsor and secondary to the name of the event. The primary sponsor's name shall be at least twice the size of the alcohol related sponsor's name or logo. The UCSD logo or University's seal or name shall not be used on any material containing reference to an alcohol manufacturer/ distributor, except as a designation of location for the event.

3.  Manufacturers and/or distributors of alcoholic beverages may not be the secondary sponsors for any event at which alcoholic beverages are served.

4.  Sponsorship and advertising by manufacturers and/or distributors of alcoholic beverages in the form of money, goods or services must be approved by the designated UCSD official for each event.

5.  UCSD administrative units, registered student or UCSD organizations, or college organizations sponsoring events which are co-sponsored by manufacturers and/or distributors of alcoholic beverages must make a demonstrable attempt to secure non-alcohol related sponsorships.

6.  All advertising in connection with events co-sponsored by a manufacturer and/or distributor of alcoholic beverages must be approved by the designated UCSD official.

14.16.13.13.  Control of Function
The sponsoring organization is responsible for:

a.  Establishing adequate control to ensure that all persons being served alcoholic beverages are at least 21 years of age;

b.  Requiring that in order for alcohol to be served to an individual, a valid driver's license, passport or State photo ID. must be presented to the appropriate person;

c.  Providing only single servings of alcohol at a time;

d.  Denying service to individuals who appear to be intoxicated or who appear to be turning over alcoholic beverages to persons under 21 years of age;

14.16.13.14.  Advertising

a.  No advertising/invitations may be released until final approval has been obtained for the function from the designated UCSD official.

b.  The restrictions listed below must be followed when developing advertising for a function:

1.  Functions at which alcohol will be served may not be advertised off campus or in any way suggest that alcohol will be served at the function or that the function is open to the public.

2.  Violations of State or Federal law or University policies or UCSD regulations are not to be implied. Advertising shall not contain statements such as: "All you can drink," "Everyone may drink," or "Open to the public".

3.  The name of the sponsoring organization is to be included on all advertising.

14.16.13.15.  Enforcement
Violations of this policy shall be referred to the appropriate legal authority as required by UCSD regulations and may be grounds for the cancellation of the event, as well as grounds for disciplinary or corrective action.

14.16.13.16.  Sanctions
Upon a finding of guilty by the appropriate authority or judicial body and in accordance withregulations cited in the UCSD Student Conduct Code, the following sanctions may be applied to students, registered student organization(s) and college organization(s):

a.  prohibition to sell, serve, consume, or possess alcohol for a stated length of time;

b.  denial of access to the property, area, establishment, etc. for a stated length of time;

c.  denial of program/event/function approval for a stated length of time;

d.  organization(s)/individual(s) probation for a stated length of time;

e.  loss of organizational status for a stated length of time;

f.  other disciplinary sanctions per the UCSD Student Conduct Code. (SeeSection 22.18. below)

14.16.14.  Procedures
When alcoholic beverages are being served at functions, the sponsoring official UCSD unit, registered student organization(s), or college organization(s) recognized by the appropriate Provost/Dean's Office, must fill out a Use of Alcoholic and/or Malt Beverages form, and obtain all specified approvals.

14.16.14.10.  Use of Alcoholic and/or Malt Beverages Form.

a.  Three members of the student unit/organization(s) must complete and sign the Use of Alcoholic and/or Malt Beverages form, thus accepting personal responsibility for the function individually and on behalf of the organization, e.g., accepting personal liability for damage to property or injury to persons. These three individuals must be at least 21 years of age.

b.  The requester must submit, AT LEAST TWO WEEKS PRIOR TO THE FUNCTION, a completed copy of this form to the specified UCSD official, along with the completed Use of Facilities and Sponsorship form (see PPM 510-1, Section IV, Authorized Users).

c.  The designated UCSD officials authorized to approve the Use of Alcoholic and/or Malt Beverages Form for Undergraduate and Graduate Student Organization(s) and Groups are as follows:

1.  For Registered Student Activities Organizations - Director, Student Activities and Governments or designee.

2.  For Medical Students - Dean of Student Affairs, School of Medicine or designee.

3.  For Graduate Students - Dean of Graduate Division or designee, and Chair, Graduate Student Department.

4.  For College Organizations - appropriate College Dean or designee.

d.  The original, completed, and approved Use of Alcoholic Beverages form shall be filed in the office of the approving UCSD official with copies sent to the UCSD Police Department and to a signing sponsor of the function.

14.16.14.11.  Liability

a.  Individuals representing organizations/units/groups should make themselves aware of their potential legal liability and other consequences to the organization or themselves should a suit be filed against the organization/individual, especially when a person attending a function and consuming alcoholic beverages is involved in an accident resulting in personal injury or death. It is suggested that liability insurance be procured.

b.  The sponsor(s) of the event are encouraged to obtain information about the need for liability insurance coverage to be obtained by the sponsor of the function. To obtain such information, contact the UCSD Campus Insurance Coordinator at least ten (10) academic days prior to the date of the function.

14.17.  Smoke Free Policy

14.17.10.  Background
As a matter of policy, UCSD endeavors to maintain a safe and healthful environment. The Surgeon General of the United States has determined that cigarette smoking is the leading preventable cause of illness and premature death in the nation. Moreover, research indicates that non-smokers who are regularly exposed to passive (second-hand) tobacco smoke are also at increased risk of illness. Passive smoke appears to be especially deleterious to the health of certain populations, including the elderly, children, and individuals with allergies, asthma, respiratory disease, or cardiovascular disease. For these reasons, the Surgeon General has urged employers to implement broadly-based health promotion programs with special emphasis on smoking cessation. The response to the Surgeon General's advice and the medical evidence has been an overwhelming trend toward protection of the health and safety of non-smokers.

14.17.11.  Reference

14.17.11.10.  Sections 25940 et. seq. of the State of California Health and Safety Code, "The California Indoor Clean Air Act of 1976".

14.17.11.11.  Sections 1234, 1235, 1286, 1290, 25942 of the State of California Health and Safety Code, "The California Indoor Clean Air Act of 1976".

14.17.11.12.  Scripps Institution of Oceanography Regulations Governing Smoking, 12/20/76

14.17.11.13.  Gardner to Chancellors, et. al., 8/1/88, University Policy on Smoking

14.17.11.14.  UCSD PPM Section 270-7

14.17.11.15.  Memo from Levin to Vice Chancellors, et al. 1/12/94, Implementation of AB 291: Smoking in State Buildings.

14.17.12.  Policy

14.17.12.10.  The California Indoor Clean Air Act of 1976 specifies that tobacco smoke is a hazard to the health of the general public. It is the Chancellor's intent that the UCSD community act with cooperation and courtesy toward all when dealing with smoking/no-smoking situations in all indoor and outdoor properties at UCSD.

14.17.12.11.  As an institution committed to providing a safe and healthful environment, the University of California, San Diego hereby adopts a Smoke Free Policy, effective January 1, 1994.

14.17.12.12.  This Smoke Free Policy applies to all UCSD facilities, owned or leased, regardless of location. No smoking is permitted in any indoor area, or within five feet of main entrance or exit to any facility, including but not limited to:

administrative offices

theaters

waiting rooms

private offices

lobbies

reception areas

laboratories

hallways

university vehicles

classrooms

stairwells

machine shops

conference rooms

restrooms

elevators

auditoriums

libraries

food service areas

lounges

clinics

14.17.12.13.  The regulations pertaining to smoking aboard ships operated by the Scripps Institution of Oceanography will continue to be established on each cruise in consultation with the chief scientist.

14.17.12.14.  The only exceptions to this policy are for covered parking lots, private residential space and, at the UCSD Medical Center, for those few patients who are both in private rooms and have specific written orders from the attending physician permitting them to smoke.

14.17.12.15.  Additionally, where outdoor seating is provided adjacent to indoor food service facilities, non-smoking sections must be designated and posted.

14.17.12.16.  PPM 270-7 Advertising of tobacco products is prohibited in University of California owned and occupied buildings except for advertising in newspapers, magazines or other written materials sold, bought or distributed within the building.

14.17.13.  Enforcement 

14.17.13.10.  The success of this policy depends upon the thoughtfulness, consideration, and cooperation of everyone. All share in the responsibility for adhering to and enforcing this policy. Any problems should be brought to the attention of the appropriate Dean of Students, staff, supervisor and/or department head. If a problem cannot be resolved in this manner, recourse may be had by contacting the appropriate Dean, Director, or Personnel Representative. There shall be no reprisal against anyone seeking assistance in enforcing this policy.

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