Ohio Admin. Code 3339-16-04

Current through all regulations passed and filed through October 28, 2024

Section 3339-16-04 - [Effective until 11/12/2024] Buildings and grounds

(A) Right of usage

Use of space or grounds for purposes other than those for which they have been designated will not be permitted. Neither will individuals or groups be permitted to interrupt the use of space after it has been duly assigned, without permission of the president or a designated university official.

(B) Maintenance of physical facilities

All work done on buildings, grounds, and other fixed facilities of the university is done by the physical facilities department unless other arrangements are approved by the vice president for finance and business services and treasurer.

(C) Use of public areas of buildings and grounds

The buildings, grounds, and other property of Miami university campuses are dedicated to the educational mission of the university. Use of the buildings, grounds, and other property of the university is reserved for the direct and indirect support of the teaching, research, and service missions; of the university's administrative functions; and of students' campus-life activities. The university may prohibit or otherwise restrict access to or use of its buildings, grounds, and other property as may be necessary to provide for the orderly conduct of the university's teaching, research, and service missions; of the university's administrative functions; and of student's campus-life activities. Visitors are free to walk through our campuses; however, authorization is required from the university or from a recognized student organization to make speeches or presentations, to erect displays, to engage in any commercial activity, or to conduct similar activities on university-owned or university-controlled property.

(D) Use of restricted areas of buildings and grounds

(1) General

Every faculty or staff group and every officially recognized student organization has the right to request the use of university facilities on a space available basis for the purpose of holding meetings or conducting activities consistent with the objectives of that group or organization.

The university cannot permit the use of state owned equipment or facilities for any kind of non-sanctioned private instruction or other type of non-sanctioned private enterprise. This rule does not cover activities which are an integral part of the regular teaching load or other official assignment of members of the staff.

The use of any facility is determined by the president or designated university official. The use of any facility for purposes other than those specified will not be permitted to usurp a facility that has been duly assigned except by permission of the president or designated university official.

Policies concerning the use by students of university buildings and facilities are presented in the student handbook.

(2) Permanent academic and office space

Divisional deans submit requests for special needs of a permanent nature, such as space for faculty offices, research, and instructional laboratories, to the provost. Priorities are assigned in accord with the space available. Once specific areas are assigned to divisional deans they assume jurisdiction over them.

General classroom space in the academic buildings is not assigned to any specific academic department. These areas are under the jurisdiction of the office of the university registrar for assignment of regularly scheduled classes and are available for meetings and study purposes only on a temporary basis and only after being properly scheduled.

(3) Scheduling of space

(a) All regular classroom space is scheduled by the office of the university registrar for all hours. Classes may be moved only with his or her permission.

(b) Other continued use space is assigned by the president. Faculty and staff members are expected not to move their offices or to change continued use assignments without approval from the appropriate dean or vice president.

(c) Large audience facilities are scheduled by the office of the university registrar. (Please refer to paragraph (D)(3)(d) of this rule.)

(d) A lecture or other activity sponsored by an academic department requires no approval. If the event involves use of any room under the jurisdiction of the office of the university registrar, clearance of space must be obtained before any public announcement is made. (Please refer to paragraph (D)(3)(c) of this rule.)

(e) For information on scheduling specific facilities, refer to the Miami university directory.

(E) Policies governing the use of nonauxiliary sports facilities by university and non-university groups Refer to the most current edition of the student handbook.

(F) Camera installation

The university may install observation cameras on university property to protect resources, enhance safety and assist in the educational mission as provided in this policy. The university will not install observation cameras on university property in faculty/staff offices or in nonpublic areas of residence halls. If an observation camera is installed where identification of personal images is possible, the camera must be accompanied by appropriate signage indicating the presence of the camera and whether or not it is monitored in real time.

Purchase and installation of camera equipment to protect resources or enhance safety require the initial approval of the appropriate vice president. Purchase and installation of camera equipment for use in research must be approved by the office of advancement for research and scholarship. Purchase and installation of camera equipment for use in classrooms or to otherwise assist in the educational mission must be approved by the provost. All requests must first be approved by the space utilization group (all indoor installations) or the campus planning committee (all outdoor installations). The department of physical facilities and the university information security office are responsible for determining equipment, signage and placement standards.

(G) Public speaking, leaflet distribution, and demonstration

Miami university embraces the rights of expression, affiliation, and peaceful assembly. Miami university faculty, staff, and students may express their views by demonstrating peacefully for ideas they wish to make known, and the university will protect these rights. The university has an equal and co-extensive obligation to protect the rights and freedoms of those who choose not to participate in a demonstration. Additionally, the university has a duty to protect its property and to assure the continuation of the university's teaching, research, administrative, and service functions.

The term demonstrations as used in this policy includes, but is not limited to, picketing, petition circulation, public speech making, rallies, the appearance of public speakers in outdoor areas, mass protest meetings to display group feelings or sentiments, and/or other types of assemblies to share information, ideas, perspectives, or viewpoints.

(1) Faculty, staff, and students

(a) Therefore, in conformity with university policy and practice, the following standards must be followed by those faculty, staff, and students who wish to demonstrate:

(i) Demonstrations may not occur inside university buildings, on porches or porticos of university buildings, or on lawns of university-owned residential facilities.

(ii) Demonstrations may not impede ingress or egress to the university, any university property, parking lot, building, facility, or event. Thus, demonstrators must stay at least twenty-five feet from the entrance to any university building, property, parking lot, facility or event, including entrances to construction sites.

(iii) Demonstrations may not obstruct or disrupt, by auditory or other means, any university activities. Sound amplification devices demonstrations may only be used at a volume which does not disrupt or distract from the normal use of classrooms, offices, or laboratories or any scheduled university event. Thus, use of amplification device(s) between eight a.m. and nine p.m. within two hundred and fifty feet of an academic building is prohibited. The use of amplification device(s) between eleven p.m. and eight a.m. is prohibited.

(iv) Sleeping outdoors between eleven p.m. and eight a.m. and camping outdoors at any time are prohibited except:

(a) as part of a registered student organization activity in designated areas adjacent to the shriver center or phi delta theta gates (corner of campus avenue and high street); or

(b) students seeking admission to the goggin ice center, millett hall, armstrong student center, or yager stadium. Such approval shall not exceed forty-eight hours.

(v) Information that is obscene or libelous or that advocates unlawful conduct may not be disseminated.

(vi) All fire, safety, and sanitary laws and regulations must be obeyed.

(vii) Demonstrations may not obstruct vehicular, bicycle, pedestrian, or other traffic.

(viii) Demonstrators may not engage in any activity which constitutes a clear and present danger to persons, property, or the university's operations.

(ix) Demonstrations must comply with all applicable laws and university policies including those regarding scheduling of space.

(x) The university may elect to establish reserved gates/entrances for vendors. Demonstrations at gates or entrances reserved for vendors will not be permitted.

(b) Distribution of materials (including but not limited to distribution of flyers, leaflets or pamphlets, or the circulation of petitions by faculty, staff, or students, other than as part of the university's teaching, research, administrative, and service functions, may occur only on perimeter sidewalks, on other areas, if any, designated by the university, or on exterior areas of campus buildings. Employees may not distribute materials unrelated to their work duties in work areas during work time.

(2) Visitors

Visitors are welcome to walk through the university's campuses, but they may not make formal speeches and presentations, erect displays or conduct similar activities unless invited to do so by the university or by a recognized student organization. Persons not employed or enrolled as students who wish to demonstrate or to distribute materials on university property may do so only on the perimeter sidewalks designated by the university. Those designated areas in Oxford consist of the perimeter sidewalks parallel to the following streets: high street, patterson avenue, chestnut street, spring street, tallawanda street, maple street, oak street, and campus avenue. Such activities shall not pose a safety hazard nor interfere with the normal use of the sidewalks by others.

(3) Penalties for violation

Any person in violation of the above is subject to an order from the Miami university police department or other law enforcement official to disperse. Persons failing to comply with such an order are subject to arrest and prosecution for criminal trespassing and are subject to university disciplinary action.

Replaces: 3339-16-04

Ohio Admin. Code 3339-16-04

Effective: 9/12/2013
Promulgated Under: 111.15
Statutory Authority: 3339.01
Rule Amplifies: 3339.01
Prior Effective Dates: 3/2/1978, 9/23/1985, 8/14/1981, 8/15/1986, 9/30/1999, 3/21/2005, 10/17/2007, 8/20/2008, 9/13/2012, 9/12/2013