SP 16-60a – Facilities Use

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SP 16-60a

EFFECTIVE: August 26, 2016
REVISED: June 17, 2019
REVISED: September 10, 2024
RENUMBERED: September 10, 2024

REFERENCE(S): Board Policy (BP) 16-60, Facilities Use; C.R.S. § 1-45-101, Fair Campaign Practices Act

APPROVED:

/ Joseph A. Garcia /
Joseph A. Garcia, Chancellor

Application

This procedure applies to the Colorado Community College System, including its Colleges (CCCS or System).

Basis

Board policy states that providing a well-managed and appropriately utilized learning and working environment throughout the System is of paramount importance. CCCS shall take measures reasonably necessary to optimize efficient use of buildings, grounds, space, property, and other facilities throughout the System. This includes, but is not limited to, all residence halls, buildings (and the spaces within and between buildings), parking lots, athletic facilities, sidewalks, lawns, fields, shelters, amphitheaters, airspace, and all other spaces where events may be held, activities may take place, or that may require services.

Facilities owned and controlled by CCCS, including College facilities, (“CCCS Facilities”) are State property, and their use is subject to all applicable federal and state laws, rules, and regulations.

Definitions

For purposes of this procedure, the following definitions apply:

“Authorized Campus Community Activity” means any activity of a recognized student group that is within the group’s mission, and any activity of CCCS-Affiliated Entities that is in support of CCCS’ mission and has gone through the appropriate channels to receive approval to be held at CCCS Facilities.

“Campus Community” means students, employees, Recognized Student Groups, and CCCS-Affiliated Entities.

“CCCS-Affiliated Entity” means any foundation, partner, governmental agency, or nonprofit service provider acting in support of CCCS’ mission in accordance with prior approval by the Chancellor, College President, or their designees.

“Official CCCS Activity” means any College or System activity undertaken by, or under the authority of, a College or System official within the scope of their duty as part of CCCS’ mission.

“Publicly Available Space” are portions of CCCS Facilities that are generally accessible, open, outdoor areas on the campus, or nonacademic and publicly open portions of CCCS Facilities that CCCS has traditionally made available for expressive purposes. Publicly Available Space includes areas the College or System Office identifies as available for use or rental by the Campus Community or general public in accordance with campus-specific protocols for facilities use/rental, including protocols for non-commercial, expressive activity as well as Solicitation and Vending on campus.

“Recognized Student Group” means any student group recognized through the College’s specific protocol for recognition.

“Solicitation” means the act of:

“Vending” means any transaction that involves the exchange of money for services and/or goods.

Procedure

All CCCS Facilities are subject to assignment and reassignment to meet campus facilities use plans and the overall needs and best interests of CCCS. To promote efficiency and optimal utilization, this procedure is designed to ensure 1) effective decision making, 2) accurate record keeping, and 3) communication among users, service providers, and decision makers concerning utilization of CCCS Facilities. Facilities use plans, proposed uses of new facilities, changes in uses of existing facilities, and changes to existing facilities, including structural and equipment changes, shall be reviewed by the Chancellor, College President, or designees, as appropriate.   Due to the nature of the space, certain CCCS Facilities may be made available to the Campus Community and the general public for designated purposes only and use of such space must conform to the designated purpose.

Publicly Available Space:
The Campus Community has priority to use Publicly Available Space and may use such space in accordance with this procedure and campus-specific protocols. Members of the Campus Community wishing to use Publicly Available Spaces for an activity or program shall make arrangements through their usual campus contact.

Publicly Available Spaces may also be used for activities by members of the general public in accordance with this procedure. Each College shall provide on its website contact information (“Facilities Use Contact”) for obtaining campus-specific protocols and information for members of the public to reserve and use Publicly Available Space.[1]

Non-Commercial Activities – is typically available for use by the Campus Community and members of the public by reservation in accordance with business hours and expectations set forth in campus-specific protocols for use of Publicly Available Space for non-commercial, expressive activity consistent with this procedure. Upon arrival on campus, those intending to use Publicly Available Space for non-commercial, expressive activity are expected to have a reservation and must check in with the campus office identified in the campus-specific protocols before commencing any activity. If the magnitude of the public use exceeds available staffing and resources, the use may be cancelled, moved, or rescheduled as appropriate to avoid conflicts with other uses and to protect the Campus Community, participants, property, and the mission of CCCS.

Examples of non-commercial, expressive activity include, but are not limited to, speech-making, vigils, discourse, debate, carrying signs, conducting voter registration and non-partisan get-out-the-vote activities, group meetings, trainings, discussion groups, and study groups, so long as those activities do not disrupt the normal functioning of the campus, or interfere with Official CCCS Activity, or a previously scheduled use.

Solicitation and Vending:
Each College shall determine, as part of its facilities use planning, the extent to which solicitation and vending space is to be provided. If provided, the following requirements for Solicitation or Vending on campuses apply to all individuals and entities except business representatives who have been invited by CCCS to carry out CCCS business (e.g., employee health insurance plan representatives), CCCS-Affiliated Entities, Recognized Student Groups engaging in Authorized Campus Community Activities, and CCCS service contractors in accordance with their contracts. Recognized Student Groups should work with their advisors to secure space for Solicitation or Vending related to authorized projects.

Individuals or groups, including students and employees, who are interested in a Solicitation or Vending activity as defined above, are expected to make a reservation for a space through the Facilities Use Contact.

No reservation for Solicitation or Vending will be granted for the following activities:

Solicitors and vendors will be assigned a location. The solicitor or vendor must adhere to the reserved location and campus-specific protocols for Solicitation and Vending. Locations are allocated based on space availability and space appropriate to the proposed activity

Expectations Regarding Use of CCCS Facilities:
Users of Publicly Available Space shall not disrupt Official CCCS Activities, nor impede pedestrian or vehicle traffic, or access to buildings.

Continuing to approach anyone who has indicated a lack of interest, or stopping anyone, shouting, or using an unauthorized amplifier of any kind is prohibited.

Users of Publicly Available Space are responsible for any applicable fees and costs.

No one may camp in a Publicly Available Space or occupy a Publicly Available Space beyond the time they have reserved.

Amplification is not permitted in any Publicly Available Space unless prior arrangement has been made with the Facilities Use Contact for the activity to take place at a time and place and in a manner where the amplification will not interfere with Official CCCS Activities, or the space is being rented and the rental agreement provides for amplification. No individual or group will be permitted to use amplification that interferes with Official CCCS Activities.

Violation of these expectations may result in being asked to leave immediately without refund. CCCS reserves the right to refuse to grant future applications to individuals or groups in violation of this procedure.

Athletic Facilities and Parking Lots:
Athletic facilities or parking lots may be available to rent or use by reservation for certain activities compatible with maintaining the space for its intended use.

Streets and Sidewalks:
Streets and sidewalks abutting campus property that are under a local government’s jurisdiction are generally available to all members of the public for expressive activities in keeping with federal and state laws, and local ordinances.

Internal campus-controlled streets and walkways are for public ingress and egress for activities open to the public, public use in conjunction with reservations in accordance with this procedure and campus-specific protocols, Official CCCS Activities, and Authorized Campus Community Activities.

Fair Campaign Practices Act:
Because CCCS Facilities are State property, their use must comply with the Fair Campaign Practices Act and federal laws governing tax exempt entities’ involvement in campaign activities. Therefore, CCCS Facilities cannot be used for campaign fundraising.

In addition, CCCS Facilities use must not give the appearance that CCCS is advocating for or against a candidate for an elected office, or a ballot issue, or referred measure. If CCCS Facilities are made available to a candidate for elected office or to an advocate or group for or against a ballot issue or referred measure, even-handed access to CCCS Facilities must be provided to opposing candidates and advocates. To avoid the appearance that CCCS is advocating for or against a candidate, ballot measure, or referred measure, anyone wishing to collect signatures for a candidate, ballot initiative, or referred measure petition must pay the appropriate fee for facilities use rental or for reservation of Solicitation or Vending space in accordance with campus-specific protocols. City and county streets and sidewalks abutting CCCS property that are under a local government’s jurisdiction are available for signature collection in accordance with federal, state, and local law.

Recognized Student Groups may invite a candidate to speak without inviting opposing candidates, so long as other Recognized Student Groups are afforded even-handed opportunities to invite opposing candidates to speak. Candidates may not use Recognized Student Groups to directly or indirectly secure free or reduced-cost space for campaign events on campus in violation of the law.

When CCCS Facilities are reserved for an activity by a candidate, or by a group or individual advocating for or against a candidate for an elected office, or a ballot issue, or referred measure, a disclaimer is required on printed material, announcing the event and at the location, that CCCS does not endorse the candidate, ballot issue, or referred measure. Any opposing candidate or advocacy group will have a similar opportunity to reserve CCCS Facilities.

Compliance with Law, Policies, and Procedures:
CCCS Facilities may not be used for any activity that impedes the flow of pedestrian or vehicle traffic across any CCCS campus or access to any CCCS Facilities or for any activity that defames, is obscene, incites violence, or threatens physical harm. Those using CCCS Facilities assume responsibility for compliance with all federal, state, and local laws; CCCS policies and procedures; and campus-specific protocols.

Anyone who refuses to vacate CCCS Facilities when directed to do so by a CCCS employee or law enforcement officer acting in the performance of their duty may be subject to arrest. Violations of this procedure and campus-specific protocols implementing this procedure may result in disciplinary actions up to and including suspension or expulsion for students, employment termination or dismissal for employees, and being barred from campus for any individual.

Revising this Procedure

CCCS reserves the right to change any provision or requirement of this procedure at any time and the change shall become effective immediately.

[1] For the Community College of Denver, Auraria Higher Education Center (AHEC) manages most facilities. AHEC facilities use protocols govern activities in spaces that it manages and in the event those protocols are in conflict with this procedure, AHEC protocols control.