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)
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:
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;
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;
to
sell, furnish, or give away alcoholic beverages to an obviously
intoxicated person;
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
Residential Facilities
All residential facilities on UCSD property shall fall under the jurisdiction
of this policy.
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.
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.
It is
a violation of University policy for students
under the age of 21 to consume or possess alcohol
in any University housing area.
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.
Residents
who provide alcohol to guests may be held accountable
by UCSD for the behavior of their guests.
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:
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
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)
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;
licensed areas, properties, or
establishments;
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;
UCSD Events
Held in Public Space
UCSD
events are defined as events approved by the appropriate
UCSD
officials which are held in public space on UCSD property
or facilities.
"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.
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 - Office
of Graduate Studies and Research
iv College organizations - Appropriate
College Dean's Office
The
consumption of alcohol must not be the major focus of the
event.
Security
at all events must be approved by the Director of Student
Activities and Governments.
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.
Persons
who, in the judgment of the server and/or sponsor, are intoxicated
shall not be served.
Alcoholic
beverages must be served directly by official event personnel
who are at least 21 years of age.
Identification
must be checked by official events personnel who are at least
21 years of age.
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.
Whenever
alcoholic beverages are served, non-alcoholic beverages must
be made available at the site of the function.
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.
Individuals
are prohibited from bringing their own alcoholic beverages for
consumption at a UCSD event.
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.
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.
Each UCSD
function at which alcoholic beverages are served must have official
approval prior to the function.
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
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.
Manufacturers
and/or
Distributors of Alcoholic Beverages
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.
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.
Manufacturers
and/or distributors of alcoholic beverages
may not be the secondary
sponsors for any event
at which alcoholic
beverages are served.
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.
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.
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:
Establishing
adequate control to ensure that all persons being served
alcoholic
beverages are at least 21 years of age;
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;
Providing
only single servings of alcohol at a time;
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
No
advertising/invitations may be released until final approval
has been obtained for the
function from the designated UCSD official.
The restrictions
listed below must be followed when developing advertising
for a function:
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.
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".
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):
prohibition
to sell, serve, consume, or possess alcohol for a stated
length
of time;
denial of
access to the property, area, establishment, etc. for a stated
length of time;
denial of
program/event/function approval for a stated length of time;
organization(s)/individual(s)
probation for a stated length of time;
loss of
organizational status for a stated length of time;
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.
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.
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).
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:
For Registered
Student Activities Organizations - Director, Student Activities
and Governments or designee.
For Medical
Students - Dean of Student Affairs, School of Medicine or designee.
For Graduate
Students - Dean of Graduate Studies and Research or designee,
and Chair, Graduate Student Department.
For College
Organizations - appropriate College Dean or designee.
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
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.
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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