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Temporary Use of University Space (Regulation)

Temporary Use of University Space (Regulation)

Topic: University Grounds and Physical Facilities
Approval Authority: President and Board of Governors
Approval Date: June 28, 2022
Effective Date: July 4, 2022
  1. Preamble
    1. Subject to the terms of this Regulation, York University will, in its discretion, make temporary use of University space accessible to members of the University community where the use of space is consistent with the principles reflected in the University’s purpose, mission, and values.
    2. As set out in the Code of Student Rights and Responsibilities and various University policies, including the Statement of Policy on Free Speech, the University reaffirms its commitment to free enquiry and expression and uphold the right of all University Community Members and guests to express their views within the law and without fear of intimidation or harassment. In all use of University space, while the University encourages and expects the respectful exchange of ideas, it is understood that free expression and safety are complementary. As such, the use of University space including that for a demonstration, protest or rally, must be in accordance with University policies, procedures, regulations, and guidelines.
    3. By providing space, York University does not necessarily subscribe to or support the philosophy, views, beliefs, or actions of any user staging an Event or activity on space permitted for temporary use pursuant to this Regulation.
  2. Purpose and Jurisdiction
    1. This Regulation is made by the President pursuant to section 13(2)(c) of the York University Act, 1965, and by the Board of Governors on the recommendation of the President pursuant to sections 10 and 13(2)(g) of the York University Act, 1965.
    2. The lands and buildings of York University are private property, and the University reserves the right to control access to its campuses, and the use of its space and facilities.
    3. This Regulation sets forth the privileges and obligations associated with the issuance of permits granting temporary use of University space. Without limiting the generality of the foregoing, this Regulation provides information related to the booking and use of University space, including the application process and expectations upon which such permission for temporary use of University space is contingent, in order to meet the complementary objects of free expression and safety for University Community Members.
    4. Student Organizations are encouraged and allowed to hold activities and Events and to engage in the full expression of their opinions on the University’s campuses, in accordance with applicable law, and University policies, procedures, regulations, and guidelines.
    5. York supports activities and Events hosted by University Community Members on University premises, by:
      1. Establishing applications, procedures and processes that clearly outline the information and steps required to book and use space;
      2. Making available accessible tools that enable the booking of space for temporary use;
      3. Making community members aware of the policies, procedures and processes related to booking and/or using space for the purposes of hosting an Event or activity or for protesting another person’s or groups Event or activity; and
      4. Ensuring compliance with applicable University policies, procedures, and regulations, guidelines, and laws.
  3. Scope and Application
    1. This Regulation applies to all York University students, staff, faculty, instructors, volunteers, and guests, on the University’s campuses
    2. Failure to abide by this Regulation, and related procedures and guidelines established hereunder, may lead to disciplinary action under the appropriate University policy, Regulation, Code of Student Rights and Responsibilities, relevant collective or employment agreements, processes and policies, or other action available at law.
  4. Definitions: In this Regulation,
    1. “Campus Relations Committee” means a committee established pursuant to this Regulation, Chaired by the Vice-President, Finance and Administration, and with membership including, but not limited to, representation from the offices of the Vice-Provost, Students and Vice-President, People and Culture. The Campus Relations Committee’s structure and procedures will be developed and maintained by the Vice-President, Finance and Administration.
    2. Eligible User” means an individual or a unit from one of the following categories, who/that may apply to book space and use space on a temporary basis.
      1. Academic unit: An academic program, department, faculty, organized research unit, school or other office engaged in scholarly activities including teaching and research as defined under Academic Unit Nomenclature: Characteristics and Guidelines.
      2. Administrative unit: A department or unit that provides service or support to the academic and administrative operations of the University.
      3. Employee group: A group recognized by the University as a representative of an employee constituent (e.g., labour union or association, etc.).
      4. Student Organization: A student government or student organization recognized under Presidential Regulations Regarding Student Organizations.
      5. Individual University Community Member (for specific use): Student course work (e.g., course related research, including film-shoots), that is supported by the relevant department Chair or course director; faculty or instructor research or course work that is supported by the Dean or Chair of the respective Faculty.
      6. External user: An individual and/or organization that do not fall under any of the above Eligible User groups.
    3. Event” means any activity that is planned, advertised and/or invitational in nature, and that is intended to attract participants and/or an audience. A demonstration, protest, rally or similar activity is also an Event. Individual University Community Members are not eligible to host Events and will not be issued TUUS Permits for Events.
    4. TUUS Assessment” means the review of an application for temporary use of University space, to assess compliance with policies, procedures, regulations, and guidelines, and to determine the level of any necessary support services or additional resources.
    5. “Guest” means an individual who is not a University Community Member who has been invited by York to attend on Campus or to participate in in-person activities.
    6. Local Reservation Agent” means University departments and units that have management oversight of specific bookable spaces that an eligible user may reserve directly with the department or unit. Local Reservation Agents are responsible for ensuring compliance with relevant University policies, procedures, regulations, and guidelines.  While space may be reserved with a Local Reservation Agent, Eligible Users must apply for a Temporary Use of University Space Permit in accordance with this Regulation.
    7. “Office of Temporary Use of University Space” or “TUUS Office” means the office responsible for review and processing of applications for temporary use of University space in accordance with the procedures outlined in this Regulation.
    8. Safety Plan” means a written plan resulting from a TUUS Assessment, prepared by the Community Safety Department (Community Safety) in consultation with an Eligible User and the Office of Temporary Use of University Space, that identifies potential hazards and risks that may be associated with an activity or Event, and the measures to be employed to mitigate or eliminate such risks. Risk mitigation measures may include, but not be limited to establishing the number and type of security staff, the number of internal and/or external participants, and other health and safety measures.
    9. Signing Authority” means a person(s) authorized to enter into and execute an agreement for temporary use of University space, on behalf of an Eligible User.
    10. Special Planning” means where an activity or Event is anticipated by the University or by an Eligible User to require specialized support services, resources, operational plans, or Safety Plans that need additional time to develop or secure. This may include Events involving government officials, external attendees, including speakers, celebrities, topics, or activities that have the potential to attract media attention, crowds, or protests.  It also includes Events that may present an elevated risk to the safety of community members, or risk of damage to University property.
    11. “Student Organization” means a student government or student organization recognized under Presidential Regulations Regarding Student Organizations.
    12. “Temporary Use of University space” or “TUUS” means the use of indoor or outdoor space in University buildings or on University grounds, including Events, for purposes other than administration, teaching University courses, or research. Temporary use of University space does not apply to space which has been assigned through the University’s formal space allocation process, to an academic or administrative division, or an organized research unit, unless the assigned space is being used for one of the following:
      1. an activity of a recognized student organization;
      2. an Event that requires security;
      3. an Event at which alcohol is served;
      4. an Event open to the public;
      5. an outdoor activity;
      6. a film-shoot;
      7. an Event where admission/registration fees are charged; or
      8. an activity that has any type of sponsorship by an external organization, such as financial or administrative support, or donation of materials.
    13. Temporary Use of University Space Permitor “TUUS Permit” means an approval, which is normally issued electronically to an Eligible User, for the temporary use of University space, following successful completion of the obligations and procedures outlined in this Regulation.
    14. “TUUS Event Review Committee” means a standing committee established pursuant to this Regulation, the composition, powers and responsibilities of which are set out in Section 6 of this Regulation.
    15. “University Community Member” means York University students, staff, faculty or instructors, and volunteers.
  5. Applying for Temporary Use of University Space
    1. To request temporary use of University space, a person with Signing Authority for an Eligible User - meaning for an external user, a duly authorised signatory - must complete and submit an online TUUS application form for a TUUS Permit using a York University authenticated e-mail address where applicable. An application received from a York University authenticated e-mail address is acceptable as a signed document, provided the sender is an Eligible User with Signing Authority for their organization, office or other unit.
      1. Eligible Users affiliated with the University must submit their TUUS application to the TUUS Office using a York University authenticated e-mail address. An application received from a York University authenticated e-mail address is acceptable as a signed document, provided the sender is an Eligible User with Signing Authority for their organization, office or other unit.
      2. External users interested in hosting an Event on a York University campus must submit their request to the University’s Housing & Conference Services office.
    2. All completed applications for temporary use of University space are reviewed and processed by the TUUS Office in accordance with this Regulation. Depending on the nature and scope of a proposed TUUS, applications are reviewed and assessed by services/offices relevant to the application. The TUUS Assessment outcome is shared with the Eligible User for response.
    3. The University will give priority to applications that contribute to the teaching, research, and scholarship of the University.
    4. An application’s processing time is related to the scope and scale of an activity or Event, and the need for and availability of any additional resources determined through a TUUS Assessment.
    5. An Eligible User can play a key role in the processing time of an application for temporary use of space, by:
      1. seeking input from the TUUS Office, in advance of submitting an application, especially for an activity or Event that’s anticipated to require Special Planning;
      2. submitting a completed application as far in advance, as possible, of the minimum required processing time;
      3. providing detailed information about the proposed TUUS, and submitting any related documentation indicated on the application form;
      4. responding in a timely manner to follow-up queries from the TUUS Office or from service areas; and
      5. allowing for flexibility in venue, date, etc., for an activity or Event (requested venues are dependent on availability).
    6. Applications for TUUS Permits involving minimal University support services must be submitted a minimum of ten (10) working days in advance of the proposed TUUS date. Without limiting the generality of the foregoing,
      1. applications that can be processed within ten (10) days are typically those that require minimal assessment and no supplemental information, including meetings without external attendees, speakers and suppliers, or special service requirements;
      2. subsection 5(6) does not include applications for TUUS requiring Special Planning; and
      3. applications submitted with less than ten (10) working days notice will be processed where/when possible.
    7. Applications for TUUS Permits that require submission of supplemental information and/or some university services, must be submitted at least fifteen (15) working days prior to the date of the proposed TUUS date. Without limiting the generality of the foregoing,
      1. the supplemental information and university services referred to in subsection 5(7) include but are not limited to proof of insurance; a health pass for an external caterer or other external service provider; a Service Request for special furniture arrangement; and other matters of a similar scale;
      2. subsection 5(7) does not include applications for TUUS requiring Special Planning
      3. applications submitted with less than fifteen (15) working days notice will be processed where/when possible.
    8. Applications for TUUS Permits that require Special Planning must be submitted at least thirty (30) working days in advance of the proposed TUUS date.
    9. Applications for TUUS Permits that require use of multiple internal and/or external resources and significant Special Planning should be submitted at least three (3) months in advance of the proposed TUUS date. Without limiting the generality of the foregoing, applications requiring three (3) months advanced notice include but are not limited to
      1. Events with large numbers of attendees;
      2. Events requiring the use of multiple rooms, facilities or areas on Campus; and
      3. Events requiring the coordination and support of multiple University support services.
    10. Eligible Users are encouraged to contact Housing & Conference Services to assist in the development of a comprehensive Event plan before the submission of an application for a TUUS Permit.
    11. When an application for a TUUS Permit is received, the TUUS Office will:
      1. Determine the eligibility of the applicant with reference to this Regulation and review the application for completeness.
      2. Determine availability and tentatively reserve space if/where applicable.
      3. Consult with other services or offices that may need to assess the application, if/as required:
        1. Applications for routine activities and meetings may not require consultations with other services or offices and may be approved by the TUUS Office.
        2. Applications for Events will be reviewed and assessed for risk and service support requirements by relevant University services and offices.
        3. Applications for Events determined to require Special Planning will be referred to the TUUS Event Review Committee. The TUUS Event Review Committee may convene a meeting with the Eligible User and representatives from relevant University services to review the application and assess service and/or planning requirements in more detail, including the need for Safety Plans.
      4. Review and verify that event advertising plans adhere to University policies, procedures, regulations and guidelines, and applicable law.
      5. Exercise its discretion to issue or deny the issuance of an electronic TUUS Permit once all the requirements of an application are met, including any additional requirements identified through the TUUS Assessment and not specifically mentioned in this Regulation.
      6. Send an electronic notification of the authorization to various services and offices involved in the TUUS Assessment, including the Community Safety Department and/or Risk Management Services.
    12. Where an assessment is conducted by the Community Safety Department and/or Risk Management Services, a Safety Plan may be required.  Where a formal Safety Plan is not required, organizers remain at all times responsible for observing room capacity, maintaining clear and easy access to all entry/exit doors, and observing other fire and safety codes.
    13. Based on the TUUS Assessment, the University may, as a condition of booking space, require that University approved security be available during the use of the space. The University may require such security to be provided at the cost of the Eligible User.
    14. In all instances, without exception, the use of private security staff or paid-duty police officers for an event on University premises must be coordinated through the Community Safety Department. No security staff external to the University, volunteer or otherwise, is permitted at a campus event without the prior written approval of the Community Safety Department.
    15. If supplemental information is requested, the user will be responsible for covering any costs associated with obtaining/supplying the supplemental information. Users are required to cover any costs associated with the use of the space.
  6. TUUS Event Review Committee
    1. The TUUS Event Review Committee is a standing Committee that includes members from various services and offices, and assesses TUUS applications requiring Special Planning pursuant to section 5(10)(c)(iii) of this Regulation.
    2. The TUUS Event Review Committee’s primary purpose is to review proposed Events that require Special Planning and to provide guidance, support, make recommendations and/or decisions on steps to be taken to enable Events to take place on University premises.
    3. The TUUS Event Review Committee reviewing an Event requiring Special Planning may include, but is not limited to, the departmental head of the following University services or offices:
      1. Risk Management Services;
      2. Community Safety Department;
      3. Facilities Services;
      4. Ancillary Services;
      5. Student Community and Leadership Development; and
      6. Centre for Human Rights, Equity, and Inclusion.
    4. The TUUS Event Review Committee will be Chaired by the Executive Director of Ancillary Services, who will brief the Committee on the details of the application under review.
    5. The TUUS Event Review Committee may invite an Eligible User to a meeting(s) to discuss the proposed Event to better inform recommendations and decisions on requirements for the Event to move forward.
    6. Where the TUUS Event Review Committee’s recommendations on a proposed Event are agreed to and met by the Eligible User, a TUUS Permit may be issued by the TUUS Office.
    7. The TUUS Event Review Committee will consult with the Campus Relations Committee on next steps, if the TUUS Event Review Committee’s assessment of a proposed Event concludes that the Event poses any of the following risks which cannot be adequately managed with existing University resources:
      1. Risk to the security and well-being of University Community Members and/or the general public;
      2. Risk of damage to University property; or
      3. Risk of non-compliance with law and/or University policies, procedures, regulations or guidelines.
    8. Following consultation with Campus Relations Committee, the Eligible User will be notified of one of the following by the TUUS Office:
      1. Suggested modifications to the Event that would allow the Event to proceed; or
      2. Decision and reasons for which the Event will not be permitted, and information regarding the process and avenue of appeal.
  7. Appeals
    1. Eligible Users may appeal to the Provost from a decision refusing to issue a TUUS permit.
    2. Appeal decisions by the Provost will be final, and will be communicated to the Eligible User and relevant departments.
    3. The appeal process is as follows:
      1. The Eligible User shall submit a written statement of appeal to the TUUS Office within five (5) working days of receiving notice that the permit will not be issued, explaining why the Eligible User believes the grounds for refusal are incorrect and how the risks identified in the reasons for refusal can be addressed.
      2. The Provost may elect to invite the Eligible User or the Signing Authority thereof to a meeting to assist in the determination of the appeal. The Provost reserves the right to determine the appeal exclusively on the basis of written submissions.
      3. The Provost will issue their decision on the appeal to the Eligible User in writing, within five (5) working days of receipt of the Eligible User’s statement of appeal.
  8. Permits and Prohibited Conduct
    1. The TUUS Office will issue a TUUS Permit once all requirements of an TUUS Assessment are satisfied.
    2. Where changing circumstances alter the risk related to an Event for which a TUUS permit has been issued, the Eligible User may be notified that an Event is subject to reassessment with possible alterations to the TUUS Permit.
    3. Eligible Users are responsible for managing their events to remain within the scope and parameters of the issued TUUS Permit.
    4. The University may interrupt and put an end to an event underway where the event is revealed to be outside the scope of permission granted; poses a risk to the safety of community members; is disruptive to academic or administrative operations; or is contrary to applicable policies and procedures.
    5. For safety reasons and to comply with the Ontario Fire Code, items with open flames (e.g., candles), are not permitted inside buildings, including without limitation, corridors, lobbies, and atria. Likewise, bonfires are not permitted on University campuses. Smudging is permitted inside buildings providing that the location is approved by the University Fire Prevention office in advance of the smudging ceremony, to eliminate risk of activating smoke detectors.
    6. To enable the academic and administrative operations of the University to properly function without disruption, the projection or amplification of voice(s) or sounds is not permitted except where prior express written permission has been provided by the University.
  9. Postponement, Cancellation or Relocation of Proposed or Approved Events
    1. The University reserves the right to decline a request for temporary use of University space, withdraw permission for a previously approved event, postpone a previously approved event, and/or relocate a previously approved event in the following circumstances:
      1. If all applicable conditions for the issuance of a TUUS Permit have not been fulfilled by the applicant within the time frame agreed upon with the TUUS Office.
      2. If the space is required for academic purposes due to unforeseen circumstances. The delivery of academic curriculum and examinations take precedence over all other events and activities, and as such, the University may withdraw permission for an event or relocate an event should the space be required for the delivery of academic curriculum or examinations.
      3. In an emergency beyond the control of the University (including, but not limited to fire, natural disaster, inclement weather, criminal act, or other threat) or an occurrence in the external community that requires the University to act as an emergency shelter and/or to vacate University premises.
      4. If an approved event is, due to newly acquired information by the University, deemed to be beyond the scope of the issued TUUS Permit.
      5. If the information provided by the Eligible User about the nature and/or scope of the event was false or incomplete to the extent that the event assessment was materially compromised.
      6. If the event requires presence of security staff, paid-duty police, space, and/or other measures, stemming from the event assessment, which cannot be arranged or put in place in time for the event
    2. In all the above instances, the University may require setting a new date, time, venue, or conducting a new event assessment, and/or arrange for additional services, of which the Eligible User will be notified accordingly.
    3. The University will take necessary steps to uphold the law, University policies, procedures, regulations and guidelines, and ensure the safety of community members, when considering an application for temporary use of University space. As such, a decision by the University to decline a request for use of space, or to postpone or cancel an already approved use of space request, will apply to all spaces on the University’s campuses, including but not limited to, performing arts facilities, sports and recreation facilities and the York University Student Centres.
  10. Review
    1. This Regulation will be reviewed every five years. During the review, the policy will remain in full force and effect.
    2. The Vice-President, Finance and Administration, will initiate and oversee the review process which will include consultation with students, representative of Student Organizations, faculty, staff and other community members.
  11. Coming into Force
    1. This Regulation will have full force and effect on July 4, 2022.
Legislative History: Approved by the President and the Board of Governors: June 28, 2022
Date of Next Review: To be reviewed periodically and updated at least every five years.
Policies Superseded by this Policy:
  • Temporary Use of Space Policy and Associated Procedure
Related Policies, Procedures and Guidelines: