| A |
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Overview
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The purpose of this policy
is to assure that The University of Arizona
remains a forum for the broadest expression
of views not in conflict with the normal
uses of the campus, the rights of others,
and the limitations of lawful conduct. The
enumeration herein of certain express limitations
is not intended as all-inclusive and does
not preclude the imposition of other legitimate
limitations.
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| 2 |
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The time, place, and manner of free expression
activities may be regulated to prevent unreasonable
interference or conflict with the educational,
research, outreach, or other legitimate functions
of the University, including the normal use
of the affected University area by others;
or any other scheduled activity. |
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| 3 |
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The following limitations apply to all activities
on campus: |
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| a |
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They may not be conducted
in a manner constituting a violation
of federal, state or local law, including
but not limited to those crimes listed
in Arizona Revised Statutes, Title XIII,
Chapter 29, "Offenses Against Public
Order."
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| b |
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They may not be conducted in a manner
or at a time or place that unreasonably
interferes with the educational, research,
service, and other legitimate functions
of the University. |
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| c |
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They may not be conducted in a manner
that violates rules, regulations, and/or
policies of the Arizona Board of Regents
or the University, including, but not limited
to regulations set out below or other regulations
that may be developed by the Dean of Students
in accordance with this policy. |
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| d |
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They may not be conducted in a manner
that violates applicable fire and safety
regulations. |
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| 4 |
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The Dean of Students has sole responsibility
for the administration and implementation of
the regulations for the use of the campus generally
available to the public; the Dean of Students'
interpretation of all of the terms in this
document is binding. |
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| 5 |
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This policy and these regulations apply to
those parts of campus over which the Dean of
Students has jurisdiction. |
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| B |
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Definitions |
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| 1 |
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"Authorized" within this document
means permitted by the Arizona Board of Regents
or the President of the University or his/her
designee.
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| a |
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"University Authorized
Activity" means an activity which has
been permitted to take place by the Board
of Regents, the President of the University,
or a University employee or other agent
to whom authority to grant such permission
has been delegated.
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| 2 |
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"Building or Structure Monitor" is that person
with authority to grant permission to use a
building or other structure. |
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| 3 |
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"Contact Person" means that person who is
designated as the sponsoring organization/individual
representative to be contacted. |
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| 4 |
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"Camping" means the use of any part of the
campus for living accommodation purposes such
as overnight sleeping activities, making preparations
for overnight sleeping (including the laying
down of bedding for the purpose of sleeping),
storing personal belongings, making a fire,
using any tents or other structures for sleeping,
digging or earth breaking, and/or carrying
on cooking activities. Such activities constitute
camping when it reasonably appears, in light
of all the circumstances, that the participants,
in conducting these activities, are in fact
using the area as a living accommodation regardless
of the intent of the participants or the nature
of any other activities in which they may also
be engaging. Camping does not include Official
University Activities or the ordinary use of
University Structures that have been wholly
or in part designated as sleeping and/or eating
areas.
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| 5 |
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"Dean of Students" means the University Dean
of Students or his/her designee. |
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"Mall" refers to the areas between Park Avenue
and Campbell Avenue and along University Boulevard
East and University Boulevard West. |
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| a |
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"Free Speech Area" refers
to that part of the Mall which may be
used without advance reservations and\or
scheduling for free-expression activities,
including the passing of petitions, distribution
of written information, picketing, and
carrying of placards. Such use is subject
to the general limitations set out in
Section 3.a, supra, and to the specific
limitations set out elsewhere in this
document.
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"Reserved Area" refers to a part of the
mall which must be reserved and scheduled
in order to provide for maximum use consistent
with minimal interference with the University's
educational, research, service or other
legitimate functions. Specially designed
time, place, and manner restrictions are
imposed in such areas to assure minimal
interference with these functions. |
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"Official University Activity" means regularly
scheduled academic classes, research and other
activities of University Units and University
employees or agents; normal daily operations
of the University Units; and activities sponsored
by University Units in the course of fulfilling
their legitimate functions. |
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"President" means the President of the University
or his/her designee. |
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| 9 |
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"Public Areas" are those areas of the campus
generally open to the public during the times
the University is open. Public Areas do not
include, among other places, the interiors
of University Structures. |
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| 10 |
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"Sponsoring Organization/Individual" means
the individual or entity responsible for the
activity. |
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| 11 |
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"Student" means any person registered or
enrolled in one or more classes at the University,
including a faculty member or employee so registered
or enrolled. Graduate students who serve as
assistants, associates or otherwise, and all
other students employed part-time by the University
are classified as students for the purposes
of this policy. |
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"Student Organization" means an organization
composed primarily of students which has received
recognition according to University policies
and procedural regulations through the Office
of Student Programs. |
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"Structures": |
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| a |
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"Structure" means the
framework of and the space enclosed by
any building, booth, tent, canopy, vehicle,
trailer, fence, wall or similar object
or enclosure, including, but not limited
to, the football stadium, the Student
Union, and Parking lot.
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"University Structure" is a structure
owned, operated, or controlled by the University. |
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"University" means The University of Arizona,
or the Arizona Board of Regents acting on behalf
of the University of Arizona; or a person or
persons to whom the Arizona Board of Regents
has delegated power to act in the University
of Arizona's behalf or an entity to whom the
Arizona Board of Regents has delegated authority
to act in behalf of the University of Arizona. |
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"University Community" means all University
employees, students, agents and invited guests. |
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The term "University Property" and "University
Campus" mean all land, buildings and other
facilities owned, operated or controlled by
the University, except that this policy shall
not apply to property which the University,
owns but over which it has legally relinquished
its power of operation and control. |
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"University Unit" means any academic or non-academic
department or division of the University or
any other official entity of the University. |
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"Weekday" means Monday through Friday except
for official University holidays; "Day" means
calendar day. |
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| C |
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Public Areas |
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| 1 |
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Public Areas of the campus
may be used by individuals lawfully on the
University Property for any free expression
activities, including passing of petitions,
distribution of written information, picketing
and carrying of placards, subject to the
general limitations set out at A.3, above,
and the specific limitations set out throughout
this document.
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Public Area Activities shall neither impede
pedestrian and vehicular traffic, ingress to
and egress from University structures, nor
disrupt Official University Activities or University
Authorized Activities on University Property. |
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| D |
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Distribution of Literature |
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The passing of petitions,
distribution of written information, carrying
of placards, and picketing are not allowed
inside University Structures, unless the
building or structure monitor gives permission
for such activity.
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The passing of petitions, distribution of
written information, carrying of placards,
picketing, sign-up tables, or other set-ups
(a) must not block University structure entrances
or exits and (b) must comply with all applicable
fire and safety codes to the same extent required
of all activities. |
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| E |
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Posting of Signs and Banners |
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Signs, banners, and other
material may be affixed without permission
to the outdoor "kiosks" located around the
University campus. Signs, banners, and other
material may not be affixed to the interior
or exterior of any other University Structure
without permission from the particular Building
or Structure Monitor or other person with
authority to grant permission. Such permission
may be given in the form of building guidelines
or regulations. Signs, banners, and other
material may not be affixed to any plant
or inanimate object on campus without the
permission of the Dean of Students.
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| F |
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Activities
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The Mall: See Section K Any
activities on the Free Speech area of the
Mall that are expected to attract more than
25 people or are advertised by any medium
are subject to the limitations of Section
F.2, below.
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Public Areas other than the Mall: To facilitate
scheduling, the avoidance of irreconcilable
conflicts in the use of Public Areas other
than the Mall, the maintenance of public safety,
the fullest possible use of the Public Areas
of the campus, the uninterrupted performance
of the educational, research, service and other
legitimate functions of the University, persons
engaged in activities in Public Areas other
than the Mall should adhere to the following
procedures: |
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Notification: Activities
that are expected to attract more than
25 people or are advertised by any medium
should be preceded by a notice to the
Dean of Students not less than 24 hours
prior to the expected time of such activities.
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Arrangements: The notice shall set out
the name, address, and telephone number
of the Sponsoring Organization/Individual
or of the Contact Person; the anticipated
number of participants in the activity;
the time and place at which it is planned;
and the security, sanitation, and clean-up
arrangements to be provided by the Sponsoring
Organization/Individual. |
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Approval: The Dean of Students will approve
the activity in writing unless the activity
is too large to be safely contained in
the area proposed, is in conflict with
the use of another who has previously given
the notice prescribed, or otherwise violates
any of the limitations set out in Section
A.3 above. In such cases, the Dean will
make all reasonable efforts to determine
and provide a suitable alternative time
and location for the proposed activity,
and/or to determine how the activity can
be modified to satisfy the requirements
of Section A.3, supra. |
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Security: The Dean of Students, after
consultation with the Chief of The University
of Arizona Police Department, will advise
the Contact Person of the Sponsoring Organization/Individual
about necessary security arrangements,
including the use of monitors and other
aspects of crowd control, and make necessary
arrangements for the deployment of University
police or other appropriate authority,
if additional security is required. |
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University Structures: Persons or entities
desiring to use University Structures for activities
other than those that constitute the ordinary
use of such structures in fulfillment of the
educational, research , service and/or other
legitimate functions of the University must
obtain permission from the appropriate Building
or Structure Monitor. |
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Other Campus Areas: In areas of the campus
other than those described in Sections F1,
2, and 3, above, the Mall. Public Areas other
than the Mall, and University structures activities
that are expected to attract more than 25 people
or that are advertised in any medium are not
allowed. All other activities in such areas
are subject to the limitations of Section A.3,
above. |
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| G |
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Structures |
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Structures other than University
Structures may not remain on University Property.
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Structures other than University Structures
may be placed and remain temporarily on the
Mall in accordance with the following regulations: |
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Temporary Structures:
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Temporary Structures
may be placed and remain temporarily
in the area between Park and Campbell
Avenue between 8:00 a.m. and 5:00
p.m. weekdays and weekends, but must
be taken down and removed daily and
the area removed of all debris and
trash.
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Temporary Structures that are part
of an Official University Activity
or University Authorized Activity are
allowed to the extent that such Official
University Activities or University
Authorized Activities require the erection
of Temporary Structures. |
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Subject to the regulations set out below,
Temporary Structures for Official University
Activities or University Authorized Activities
on the Mall may be erected and remain on the
Mall for the agreed upon period of time required
to carry out the activity and need not be taken
down at night during that period of time. |
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Notification: Prior to
erection of any Temporary Structure,
the Sponsoring Organization/Individual
must obtain a Mall Scheduling Form from
the Arizona Student Unions Events/Scheduling
Office. Prior to erection of any overnight
Temporary Structure, the Sponsoring Organization/Individual
must obtain an Overnight Temporary Structure
Form from the Arizona Student Unions
Events/Scheduling Office.
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Responsibility: The Contact Person, on
behalf of a Sponsoring Organization/Individual
shall take responsibility for the Temporary
Structure, including its proposed location
and design as well as its maintenance during
the entire time it is left in place. The
Sponsoring Organization/Individual or Contact
Person will sign an agreement to remove
the Temporary Structure at or before the
time set for removal; to abide by this
policy and these regulations and any other
agreed upon terms for the erection of the
Temporary Structure; to pay for injuries
to persons or property caused by the Temporary
Structure; and to assume the risk for any
injury to the property or persons of the
Sponsoring Organization/Individual or members
thereof. Such responsibility and assumption
of risk will be evidenced by the Contact
Person's/Individual's signature of the
agreement on the Mall Scheduling Form and/or
Overnight Temporary Structure Form. |
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Safety: The Temporary Structure and its
intended uses may not constitute an unreasonable
safety hazard; shall not block or impede
entry to any building or interfere with
normal pedestrian or vehicular traffic;
or inflict unreasonable damage to landscaping. |
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Nighttime Use |
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In furtherance of the educational,
research, service, and other legitimate functions
of the University, no part of the campus,
including the Mall, is generally available
for organized activities after 10:30 p.m.
and before 7:00 a.m., except Official University
Activities or University Authorized Activities.
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| I |
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Camping |
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Camping is not allowed on
University property.
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Sound Amplification |
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Sound amplification will be
allowed in accordance with the following
guidelines:
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When classes are in
session, sound amplification will only
be allowed from 12:00 (noon)-1:00 p.m.
Monday-Friday and from 5:00-7:00 p.m.
Monday-Thursday.
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No sound amplification will be permitted
after 7:00 p.m. Monday-Thursday except
when authorized for Official University
Activities. |
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Amplified sound shall be restricted
to a level that complies with the limitations
listed at A.3 above; in no event shall
it exceed 85 db at the source. |
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Public address sound equipment may be ordered
through Facilities Management or groups may
provide their own equipment. |
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Any Sponsoring Organization/Individual using
musical sound systems must clarify with Facilities
Management their wattage and power amperage
needs ten (10) weekdays prior to the scheduled
event. |
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| K |
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University Mall Regulations |
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| 1 |
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Free Speech Use Area: Uses
that are expected to attract more than 25
people or that are advertised in any medium
are subject to the limitations of Section
F.2, supra.
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Reserved Use Area: Because the Mall is used
for many educational, service, and other legitimate
University purposes, as well as for non-University
purposes, and because there is a strong likelihood
of conflict in such uses, it is necessary to
schedule Mall activity in the Reserved Use
Area. Scheduling regulations are designed,
therefore, to impose time, place and manner
restrictions on users that will assure use
of the Mall by the greatest possible number
of users. Because activities scheduled for
the Mall must not unreasonably interfere with
the University's educational, research, service,
and other legitimate functions, it is also
necessary to adopt regulations that impose
time, place, and manner restrictions to assure
minimal interference with such functions. The
following regulations therefore are intended
to provide for maximum use consistent with
minimal interference with the University's
legitimate functions. |
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Reservations: Space on
the Mall may be reserved for use by a
Sponsoring Organization/Individual. Reservation
of space must be made through the Arizona
Student Unions Events/Scheduling Office.
Scheduling of the use of the Mall will
be handled on a "first come first served" basis.
Requests for the use of the Mall must
be submitted to and approved by the Arizona
Student Unions Events/Scheduling Office
ten (10) weekdays in advance of the date
the activity is scheduled to take place.
Forms for scheduling Mall activities
are available in the Arizona Student
Unions Events/Scheduling Office. The
Arizona Student Unions Events/Scheduling
Office will maintain a master calendar
showing scheduled Mall activities.
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| b |
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Responsibility: The Sponsoring Organization/Individual
shall designate a responsible individual
as Contact Person for Mall activities requested.
It is understood that a Sponsoring Organization/Individual,
acting through its Contact Person, will
take full responsibility for injury to
any person or property caused by the Sponsoring
Organization/Individual or its members
and will assume the risk for any injury
to the property or persons of the Sponsoring
Organization/Individual or its members. |
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Clean-Up: The Sponsoring Organization/Individual
will be responsible for cleaning the activity
area of debris and trash on a daily basis,
and will be responsible for the dismantling
and removing of any tables, chairs, or
Structures used for the activities. When
sponsoring entity is an organization rather
than an individual, the Contact Person
will be the individual who will be charged
with the Sponsoring Organization responsibility
for such clean-up on behalf of the Sponsoring
Organization. |
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Equipment: All uses of the Mall that
require special equipment, such as platforms,
amplifiers, tables, recreational equipment,
etc., must be coordinated with the designated
representative of the Facilities Management
Department. |
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Payment: Any Sponsoring Organization/Individual
not funded by the University must pay the
University prior to approval of the activity
for any services to be provided by the
University. Payment by such Sponsoring
Organization/Individual shall be submitted
to Cost Accounting in the Facilities Management
Department. |
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Insurance: The Sponsoring Organization/Individual
may be required to provide satisfactory
evidence of ability to compensate for potential
injury when there is a reasonable basis
for concern that an activity may cause
significant personal or property damage.
Such evidence may include satisfactory
evidence of liability insurance in the
amount of $1,000,000. Such evidence must
be provided to the Risk Management and
Safety office. |
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Structures: Use of structures on the
Mall is governed by Section G above. |
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Sound Amplification: Use of sound amplification
is governed by Section I above. |
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Commercial Activity: Sponsored commercial
activity is governed by the University
Business Practices Guidelines Policy on
Sponsored Commercial Activity on University
Property. |
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Mall Events Committee: The Mall Events Committee
annually reviews guidelines for the use of
the Mall and assists the Dean of Students'
Office in events approval as needed. The Mall
Events Committee is composed of the Associate
Dean of Students, who serves as chair; representatives
from the Arizona Student Unions, Facilities
Management, Risk Management and Safety, Parking
and Transportation, Intercollegiate Athletics
and the University Activities Board; a faculty
representative; Mall/Commercial Activity Coordinator,
ASUA Executive Vice President, University Activities
Board President and a student organization
president. |
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| L |
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Interpretations, Amendment and Effect of Certain
Findings |
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The Dean of Students may make
insubstantial changes to the wording of this
document when such changes are required for
clarity and do not affect the substance of
the document. If one or more provisions of
this document are declared inoperative or
are otherwise voided, the remaining provisions
shall remain in full force. The Dean of Students
shall have the sole authority to interpret
these policies and regulations and these
interpretations shall be binding.
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| M |
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Enforcement |
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The Policy and Regulations
Governing the Use of the Campus shall be
enforced by the University of Arizona Police
Department, the Arizona Student Unions and
the Dean of Students' Office.
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| N |
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Violations |
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Any Sponsoring Organization/Individual
who violates any of the provisions of the
Policy and Regulations Governing the Use
of the Campus may be denied approval of future
requests for permission to use University
Property for activities that require such
permission or may be otherwise restricted
in their use of University Property.
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Any Sponsoring Organization/Individual whose
violations of the provisions of the Policy
and Regulations Governing the Use of the Campus
also constitute violations of other policies,
rules or regulations published by The University
of Arizona or the Board of Regents will be
subject to all applicable sanctions for violations
of those other policies, rules, or regulations. |
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Any Sponsoring Organization/Individual whose
violations of the provisions of the Policy
and Regulations Governing the Use of the Campus
also constitute violations of federal, state,
or local law will be subject to all applicable
sanctions for violations of such law. |
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