Case: 1:12-cv-00155-TSB Doc #: 65 Filed: 06/12/12 Page: 1 of 19 PAGEID #: 1400

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

UNIVERSITY OF CINCINNATI CHAPTER OF YOUNG AMERICANS FOR LIBERTY, et al.,

Case No. 1:12-cv-155 Judge Timothy S. Black

Plaintiffs v.

GREGORY WILLIAMS, et al.,

Defendants.

ORDER GRANTING IN PART PLAINTIFFS’ MOTION FOR A PRELIMINARY INJUNCTION, ENJOINING ENFORCEMENT OF CERTAIN NOTICE AND LOCATION REQUIREMENTS OF THE UNIVERSITY OF CINCINNATI’S
FREE SPEECH POLICIES AS APPLIED TO STUDENTS

This civil case presents the question, among others, as to whether the University of

Cincinnati, a public university, may constitutionally subject speech on its campus, by both

students and outsiders alike, to a prior notice and permit scheme and restrict all

“demonstrations, picketing, and rallies” to a Free Speech Area which constitutes less that

0.1% of the grounds of the campus. For the reasons stated here, the Court determines that

such a scheme violates the First Amendment and cannot stand.

As a threshold matter, and as the Supreme Court of the United States has clearly

stated: “It is offensive – not only to the values protected by the First Amendment, but to

the very notion of a free society – that in the context of everyday public discourse a

citizen must first inform the government of her desire to speak to her neighbors and then

obtain a permit to do so.” Watchtower Bible and Tract Soc’y of NY, Inc. v. Vill. of

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Stratton, 536 U.S. 150, 165-66 (2002). Moreover, the precedents of the Supreme Court “leave no room for the view that, because of the acknowledged need for order, First Amendment protections should apply with less force on college campuses than in the community at large. Quite to the contrary, the vigilant protection of constitutional freedoms is nowhere more vital than in the community of American schools.” Healy v. James, 408 U.S. 169, 180 (1972) (internal citations omitted). Indeed, according to the Supreme Court, “the college classroom and its environs is peculiarly the ‘marketplace of ideas,” id., and “[n]either students [n]or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503, 506 (1969). While universities surely have a right to regulate use of their property, they must do so narrowly and the mere “undifferentiated fear or apprehension of a disturbance is not enough to overcome the right to freedom of expression on a college campus.” Healy, 408 U.S. at 191.
Here, what prompted this lawsuit was the University of Cincinnati’s determination that students members of the UC Chapter of Young Americans for Liberty were denied the right to circulate freely across the college campus seeking to gather signatures on petitions to place the Ohio Workplace Freedom Amendment on the November 2012 ballot. Instead, the students were advised that they could only gather signatures within the McMicken Commons Northwest Corner (which UC designates as the Free Speech Area and is less than one tenth the size of a football field), and if any signature gathering were to occur anywhere else on the campus, the students would be subject to arrest.
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After complying with this directive, Plaintiffs assert that in one day of work they managed to gather only one signature and were only able to interact with six students as a result of the low pedestrian traffic in and adjacent to the Free Speech Area. This lawsuit followed.
Plaintiffs claim that the University’s prohibition against any and all spontaneous student speech anywhere on campus, i.e., speech in the absence of adherence to UC’s five to 15 day notification requirements and prior permission, is overbroad and facially unconstitutional. Plaintiffs argue that the unconstitutionality of this prior restraint is enhanced by the vague terms the University uses to assess the length of the applicable notification requirement and the vesting of immense sole discretion in untrained low-level persons for determining how speech is to be classified. According to Plaintiffs, the unconstitutionality of this vagueness and discretion is enhanced by their coupling with prior restraints on all student speech on campus. Moreover, by burdening all student speech, rather than just disruptive or crowd-gathering speech, Plaintiffs assert that the University’s combined speech policies are not narrowly tailored to achieve the regulatory interests that the University asserts (e.g., public order and safety) .
The University responds that it “has an interest in regulating ALL expressive activity on its campus” and therefore is permitted to limit all expressive activities, bound only by reasonableness. To reach this conclusion, and thereby avoid strict scrutiny, the University has unilaterally declared that its entire campus is a limited public forum.
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ANALYSIS
Plaintiffs seek a preliminary injunction prohibiting the University from enforcing
its free speech policies on the grounds that the policies act as an unconstitutional prior
restraint, are unconstitutionally vague, and allow arbitrary application by government
officials. (See Doc. 5 at 7). Defendants oppose Plaintiffs’ motion and seek summary
judgment upholding the constitutionality of the old policies. (See Docs. 42 & 44).1
1 Before resolving the merits of the motions, the Court must address Defendants’ threshold objection that its modification of the policies after the lawsuit was filed renders Plaintiffs’ claims moot and precludes the Court from deciding the case.
“An actual controversy must be extant at all stages of review, not merely at the time the complaint is filed.” Ariz. for Official English v. Ariz., 520 U.S. 43, 67 (1997) (internal citations omitted). Federal courts have “no authority to render a decision upon moot questions.” Campbell v. PMI Food Equip. Grp, Inc., 509 F.3d 776, 781 (6th Cir. 2007) (internal quotations omitted). However, “a defendant’s voluntary cessation of allegedly unlawful conduct ordinarily does not suffice to moot a case.” Ohio Citizen Action v. City of Englewood, 671 F.3d 564, 583 (6th Cir. 2012) (quoting Friends of the Earth v. Laidlaw Envt’l Servs., 528 U.S. 167, 174 (2000)) (emphasis supplied). Instead, Defendants bear “the formidable burden of showing that it is absolutely clear that the allegedly wrongful behavior could not reasonably be expected to recur.” Friends of the Earth, 528 U.S. at 190.
Here, Defendants have not met their burden. While Defendants cite President Williams’s affidavit that the old policies will not be reenacted as evidence that they cannot reasonably be expected to recur, the University’s statement is insufficient to preclude jurisdiction. (See Doc. 54 at 14). The Government’s abandonment of the challenged practice is “an important factor bearing on the question of whether a court should exercise its power to enjoin the defendant from renewing the practice, but that is a matter relating to the exercise rather than the existence of judicial power.” City of Mesquite v. Aladdin’s Castle, Inc., 455 U.S. 283, 289 (1982) (emphasis supplied).
Further, a new policy that disadvantages Plaintiffs in the same fundamental way as the old one, albeit to a possible lesser degree, does not moot the case. Courts should look to the “gravamen of petitioner’s complaint.” Ne. Fla. Chapter of Assoc. Gen. Contractors of Am. v. City of Jacksonville, 508 U.S. 656, 662 (1993). Here, the “gravamen” of Plaintiffs’ free speech claim is that the University policies impose an unconstitutional prior restraint on expressive activity. (See Doc. 15 at ¶¶ 90-91). The new policies may impose shorter notice requirements, but they still harm Plaintiffs in the same fundamental way by imposing a notice requirement for all student speech on campus. As in Northeast Florida, the Court need not speculate whether the Defendants will return to the allegedly wrongful conduct because they already have in the form of the new policy.
With respect to the due process claim, Plaintiffs’ central complaint is that the policies are so vague as to deny fair notice of the conduct subject to the regulation and to provide university officials with unbridled discretion. (Doc. 15 at ¶¶ 95-101). The Defendants assert that because the revised policies
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Federal district courts balance the following factors in addressing motions for a
preliminary injunction: “(1) the likelihood that the movant will succeed on the merits;
(2) whether the movant will suffer irreparable harm without the injunction; (3) the
probability that granting the injunction will cause substantial harm to others; and
(4) whether the public interest will be advanced by issuing the injunction.” Miller v.
Cincinnati, 622 F.3d 524, 533 (6th Cir. 2010).
Plaintiffs allege that the University’s policies impose an unconstitutional prior
restraint on the First Amendment guarantee of free speech. Courts use a three-part test to
evaluate a First Amendment claim: (1) whether the speech is protected; (2) the nature of
the forum where the speech is to occur and the proper standard for restrictions in that
forum; and (3) whether the government justification satisfies the applicable standard.
Cornelius v. NAACP Legal Defense & Education Fund, 473 U.S. 788, 797 (1985).
include definitions of the challenged terms, the due process claims are now moot. (Doc. 54 at 24). However, Defendants may not “insulate themselves from liability by simply amending the regulation.” Stephenson v. Davenport Cmty Sch. Dist., 110 F.3d 1303, 1308 (8th Cir. 1997) (emphasis supplied). Further, the presence of Plaintiffs’ nominal damages claim preserves jurisdiction. Miller v. Cincinnati, 622 F.3d 524, 533 (6th Cir. 2010).
Finally, the timing of the University’s changes leaves this Court with no assurance that the challenged conduct will not be re-implemented, absent an injunction, at the conclusion of this litigation. See DeJohn v. Temple Univ., 537 F.3d 301, 309 (3d Cir. 2008). Despite previous complaints regarding its policies, the University did not amend its regulations until after the commencement of this litigation and only a few weeks before the scheduled final injunction hearing. Additionally, the University continues to defend the constitutionality of its former policy. These two factors are significant in determining whether there is a reasonable expectation that the challenged conduct may recur. Id.; see also Parents Involved in Cmty Sch. v. Seattle Sch. Dist. No. 1, 551 U.S. 701, 719 (2007); (holding that voluntary cessation in response to litigation does not satisfy the heavy burden to demonstrate that the challenged conduct cannot reasonably be expected to occur).
Accordingly, Defendants’ voluntary cessation of the challenged policy does not render Plaintiffs’ claims moot and the Court retains jurisdiction.
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As to the first element, “[t]he solicitation of signatures for a petition involves protected speech.” Meyer v. Grant, 486 U.S. 414, 422 n. 5 (1988). This type of speech is “at the core of our electoral process and of the First Amendment freedoms – an area of public policy where protection of robust discussion is at its zenith.” Id. at 425 (internal citations omitted). Obviously, core political speech, like petition signature gathering, is “protected speech.” Plaintiffs have therefore satisfied the first element of the free speech claim.
Because the speech at issue is clearly protected, the Court next turns to the nature of the forum. Courts use “forum analysis as a means of determining when the Government’s interest in limiting the use of its property to its intended purpose outweighs the interest of those wishing to use the property for other purposes.” Cornelius, 473 U.S. at 800.
There are three types of public forum: (1) the traditional public forum, made up of parks, sidewalks, and other areas that “by tradition or government fiat” are available for public use and discussion; (2) the designated public forum, where the government opens a piece of state property to the public at large, treating it as if it were a traditional public forum even it does not fall into the precise parameters of tradition; and (3) the limited public forum, which is created by the government for use by certain groups or limited to solely to the discussion of certain topics. Miller, 622 F.3d at 534-535. In contrast, a nonpublic forum is government property that by tradition or usage is not a forum for public discussion. Id.
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The forum analysis is crucial because while regulations on speech in traditional and designated public fora are subject to strict scrutiny and must serve a compelling interest and be most narrowly drawn, in a limited public forum, the government may restrict speech so long as the regulations are viewpoint neutral and merely reasonable in light of the purpose served by the forum. Id.
In examining whether property constitutes a public forum, the Supreme Court has made it clear that “the First Amendment does not guarantee access to property simply because it is owned or controlled by the government.” Perry Educ. Ass’n v. Perry Local Educators’ Ass’n, 460 U.S. 37, 46 (1983) (internal citations omitted). Nevertheless, the Supreme Court has also declared that “the campus of a public university, at least for its students, possesses many of the characteristics of a public forum.” Widmar v. Vincent, 454 U.S. 263, 268 n.5 (1981). The Court must therefore analyze each piece of the University’s property to which the student speakers seek access rather than simply the campus as a whole. See Cornelius, 473 U.S. at 801.
In determining the nature of the forum, courts look to the traditional use of the property, the objective use and purposes of the space, the government intent and policy with respect to the property, and its physical characteristics and location. Id. at 802; Bowman v. White, 444 F.3d 967, 978 (8th Cir. 2006).
Plaintiffs assert that the northwest corner of McMicken Commons, designated by the University as the “Free Speech Area,” constitutes a traditional public forum. (Doc. 43
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at 11). The Defendants contend that it, along with all other campus areas, is a limited public forum. (Doc. 44 at 16).
The Free Speech Area is a grassy open space between slant walks measuring approximately 4,537 square feet on the University’s West Campus. (Doc. 62, Ex. 1 at 3). It comprises approximately .01% of the entire campus. (Doc. 15 at ¶ 37). The University contends that the area is a limited public forum.
While the policy establishes the University’s subjective intent to make the open campus areas limited public fora and to restrict access to outsiders, the objective criteria demonstrate that the University has traditionally made the Free Speech Area available to students as a designated public forum. The University’s Use of Facilities Policy Manual declares that the northwest corner of McMicken Commons is “designated as the main free speech area” and that “demonstrations, picketing and rallies” may take place only in that area. (Doc. 15, Ex. A at 14). Further, it is the policy of the University that “if a request is made in compliance with the notice requirement and for a University location available to the expressive activity, the request is to be honored.” (Doc. 43, Ex. 1 at 7).
Because the property has traditionally been open for speech and debate by students, and because the University grants students access to the Free Speech Area as a matter of course, the University has made the Free Speech Area a designated public forum as to students. See Perry, 460 U.S. at 48 (holding that evidence that access to the forum was granted as a matter of course would establish the creation of a public forum).
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In seeking to avoid this finding by the Court, Defendants rely on the Sixth Circuit’s decision in Gilles v. Garland to support their proposition that open areas on public university campuses are limited public fora. (See Doc. 44 at 14 (citing 281 Fed. App’x 501, 511 (6th Cir. 2008))). In Gilles, the court upheld the right of Miami University to designate its open campus areas as a limited public forum with respect to an outside evangelist who sought to preach on campus. Gilles, 281 Fed. App’x at 511. However, recent decisions by the Supreme Court and the Sixth Circuit call into question whether Gilles is still valid authority. The Gilles court treated the terms “limited public forum” and “designated public forum” interchangeably. See Gilles, 281 Fed. App’x at 509 (“The second type of forum has been alternatively described as a “limited public forum,” ... and as a “designated public forum.””). But the Supreme Court has subsequently clarified that designated public fora and limited public fora are distinct types, subject to differing standards of scrutiny. See Pleasant Grove City, Utah v. Summum, 555 U.S. 460, 469 (2009). This Pleasant Grove decision “resolves the confusion over terminology and scrutiny levels” created by the Sixth Circuit’s earlier decisions, and diminishes the value of Gilles’ holding that open campus spaces of public universities are limited public fora. Miller, 622 F.3d at 535, n.1. Indeed, the Sixth Circuit’s most recent decision on the matter holds that such spaces are more appropriately considered designated public fora. See McGlone v. Bell, --F.3d.--, 2012 WL 1403233, *11 (6th Cir. Apr. 23, 2012) (holding that the open areas of Tennessee Technical University’s campus are designated public fora); see also Hays Cnty Guardian v. Supple,
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969 F.2d 111, 116 (5th Cir. 1992 (holding that the university campus is a designated public forum)).
Further, Gilles concerned the University’s restriction of an external constituent who was unable to obtain sponsorship from a campus student organization. Gilles, 281 Fed. App’x at 502. Gilles does not suggest, nor is this Court aware of any other precedent establishing, that a public university may constitutionally designate its entire campus as a limited public forum as applied to students.
Defendants’ view would allow the university to restrict the speech of all students to limited topics, subject only to a reasonableness review. Such a theory is an anathema to the nature of a university, which is “peculiarly the marketplace of ideas” and runs contrary to the Supreme Court’s holding that “the vigilant protection of constitutional freedoms is nowhere more vital than in the community of American schools.” Healy, 408 U.S. at 180 (1972); see also Pro-Life Cougars v. Univ. of Houston, 259 F. Supp. 2d 575, 582 (S.D. Tex. 2003) (holding that the university and plaza “are public fora designated for student speech”); Univ. and Cmty. Coll. Sys. of Nev. v. Nev. for Sound Gov’t, 100 P.3d 179, 190 (Nev. 2004) (“Typically, when reviewing restrictions placed on students’ speech activities, courts have found university campuses to be designated public forums.”). Accordingly, the Court determines that the Free Speech Area is a designated public forum with respect to the University’s internal constituents.
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In addition to the Free Speech Area, Plaintiffs seek access to outdoor spaces on the MainStreet area of campus.2 (Doc. 43 at 12). “MainStreet is the pedestrian corridor” that runs through campus and “is the hub of campus activity.” (Doc. 43, Ex. 3 at 2). The University now provides in its new policies that these areas “may be used for student speech if the University’s reasonable notice requirements are met.” (Doc. 42, Ex. 2 at 4). As with the Free Speech Area, “if a request is made in compliance with the notice requirement and for a University location available to the expressive activity, the request is to be honored.” (Doc. 43, Ex. 1 at 7).
Therefore, the Court finds that by virtue of the University’s opening of the above areas for student speech they became designated public fora as applied to students. See Perry, 460 U.S. at 48 (holding that evidence that access to the forum was granted as a matter of course would establish the creation of a public forum).
Plaintiff also asks the Court to rule that otherwise undesignated University streets, sidewalks, and open areas are also designated public fora as to students. (Doc. 43 at 17). In response, the Court finds that while the University may exclude those without a legitimate purpose from interior sidewalks and public exterior spaces, such locations remain designated public fora as to students. Justice For All v. Faulkner, 410 F.3d 760,
2 These spaces include the Tangeman University Center Plaza, Bearcat Pavilion, Bearcat Plaza, McMicken Free Speech Area, McMicken Commons, Sigma Sigma Commons, Campus Green, Campus Recreation Center West Plaza, and Campus Recreation Center East Plaza. (Doc. 43 at 12; Doc. 43, Ex. 3 at 4).
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769 (5th Cir. 2005) (“[O]utdoor areas of [a university’s] campus generally accessible to students such as plazas and sidewalks” are “public forums for student speech.”).
Speech restrictions in both traditional and designated public fora, i.e., here, the Free Speech Area and the campus open areas, plazas and sidewalks, are subject to strict scrutiny, and the government may only exclude a speaker if necessary to serve a compelling government interest and only if the exclusion is narrowly drawn to achieve that interest. Miller, 622 F.3d at 534. However, the “government may impose reasonable restrictions on the time, place, or manner of protected speech, provided the restrictions are justified without reference to the content of the regulated speech, that they are narrowly tailored to serve a significant governmental interest, and that they leave open ample alternative channels for communication of the information.” Ward v. Rock Against Racism, 491 U.S. 781, 791 (1989).
Plaintiffs assert that the University’s notice policy is overbroad and serves as an impermissible prior restraint. (Doc. 43 at 36). A prior restraint is any government restriction that vests an administrative official with discretionary power to control in advance the use of public places for First Amendment Activities. Kunz v. People of the State of N.Y., 340 U.S. 290, 293-294. Prior restraints bear a heavy burden of unconstitutionality. FW/PBS, Inc. v. Dallas, 493 U.S. 215, 225 (1990). To pass constitutional muster, a permitting scheme must leave relatively little discretion in the hands of public officials regarding whether to grant or deny a permit. Id. at 225-226.
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Here, the mere fact that the notice requirement applies to all student speech raises constitutional concerns. Under the terms of the University’s original policy, students are required to give a minimum of five working days (and perhaps 10 working days) notice for any speech that is a “demonstration, picketing, or rally.” (Doc. 15, Ex. A at 15). Yet, as stated at the outset: “It is offensive – not only to the values protected by the First Amendment, but to the very notion of a free society – that in the context of everyday public discourse a citizen must first inform the government of her desire to speak to her neighbors and then obtain a permit to do so.” Watchtower, 536 U.S. at 165-66. Such expansive permitting schemes place an objective burden on the exercise of free speech. Id. Further, they essentially ban spontaneous speech. Id.
Here, while the “breadth and unprecedented nature of this regulation does not alone render [it] invalid,” it is indicative of the University’s failure to narrowly tailor the regulation to serve a compelling interest. Id. at 166. And in identifying a compelling interest, the University cannot simply assert interests that are important in the abstract. Turner Broad Sys., Inc. v. FCC, 512 U.S. 622, 664 (1994). Mere speculation that speech would disrupt campus activities is insufficient because “undifferentiated fear or apprehension of a disturbance is not enough to overcome the right to freedom of expression on a college campus.” Healy, 408 U.S. at 191.
The University asserts that it maintains the notice requirements to enable it to do what is necessary for activities to take place under peaceful and safe conditions. (Doc. 42
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at 25).3 Indeed there may be some speech, such as particularly large protests or rallies,
that requires the University to take security or logistical steps to ensure the safety and
order of campus. But here the University does not restrict its regulation to large
demonstrations, or those using sound amplification, or any number of potentially
justifiable criteria.4 Rather, the University paints with a broad brush to encompass all
speech that may be classified as a “demonstration, picket, or rally” and has failed to
narrowly tailor its policy. Such a restriction simply cannot be justified on the basis the
University asserts.5
3 At least one other Ohio public university has been able to satisfy similar interests with nothing more than an anti-disruption policy. See Wright State Faculty Handbook, Regulation of Time, Place and Manner (“Any individual or group may use, without prior notification, on any day of the week during daylight hours, any publicly accessible outdoor area of the University's Dayton and Lake campuses to collect signatures, distribute materials, and/or speak, as long as they do not disrupt the functioning of the University. Academic departments, programs and other units and registered student organizations may schedule University space to bring speakers and programs of their choice to the Dayton and Lake campuses on a space available basis. Such speakers shall have the same access to the University facilities as their sponsor. This Policy is not applicable to situations arising within the context of normal classroom instruction and discussion.”), available at http://admit.wright.edu/academics/fhandbook/demo_march.html.
4 See, e.g., Roberts v. Haragan, 346 F. Supp. 2d 853, 870, n. 20 (N.D. Tex. 2004) (noting that a policy requiring prior notification for events “expected to draw a crowed of than 25 people would implicate a university’s interests in controlling large gatherings that might disrupt classes, block building access, or create traffic hazards. Permission for activities near intersections or during certain hours in close proximity to academic buildings might also be justified by a significant University interest in assuring safety or an environment conducive to study or teaching.”); Ward, 491 U.S. at 801 (upholding a city’s right to regulate sound amplification in a public forum).
5 The Court notes that while the original policy required prior notification for “demonstrations, picketing, and rallies,” the new policy applies even more broadly, requiring a minimum of three working days for any “expressive activity,” which the University defines as “any exercise of the right to free speech (See Doc. 44, Ex. 1 at 3-4). Although a challenge to the terms of the University’s revised policies is not yet before the Court, such a policy will not likely survive strict scrutiny. It is simply unfathomable that a UC student needs to give the University advance notice of an intent to gather signature for a ballot initiative. There is no danger to public order arising out students walking around campus with clipboards seeking signatures.
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Therefore, the Court finds that Plaintiffs have established a significant likelihood of success on their claim that the University’s requirement that all speakers give five to 15 days of advance notification to the University is facially unconstitutional. The Use of Facilities Policy Manual additionally restricts all “demonstrations, picketing, and rallies” to the Free Speech Zone, without defining those terms. (Doc. 15, Ex. A at 15). Plaintiffs contend that the University has failed to provide a compelling interest justifying the exclusion of those activities from other designated public fora. (Doc. 5 at 21). In response, the University argues that the entire campus is a limited public forum, and that its location requirements are reasonable. (Doc. 44 at 26).
However, the Court has determined that other open areas of campus constitute designated public fora, not limited public fora, and the University has simply offered no explanation of its compelling interest in restricting all demonstrations, rallies, and protests from all but one designated public forum on campus. Consequently, the Court finds that Plaintiffs have established a significant likelihood of success on their claims that the University’s location requirements unconstitutionally burden their right to free speech.
Plaintiffs also allege that the University’s original policies violate their right to due process because the policies were unconstitutionally vague and provided University officials with unbridled discretion in determining what constitutes a “demonstration, picket, or rally” subject to the requirement that they speak only in the Free Speech Area and comply with a lengthier notice requirement. (Doc. 15 at 24).
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In pursuing a void for vagueness claim, a plaintiff must establish that “a regulation’s prohibitive terms are not clearly defined such that a reasonable person of ordinary intelligence can readily identify the applicable standard for inclusion and exclusion.” Miller, 622 F.3d at 539 (internal citations omitted). The doctrine ensures that laws provide “fair warning” of impermissible conduct and protect citizens against “impermissible delegation of basic policy matters for resolution on an ad hoc and subjective basis, with the attendant dangers of arbitrary and discriminatory application.” Id. Consequently, a statute that fails to constrain an official’s decision to limit speech with objective criteria is unconstitutionally vague. Id.
In this case, the University’s original policies impose a requirement that all “demonstrations, picketing, and rallies” may take place only in the Free Speech Area and must give a minimum of ten working days notice to the University Police, but the policies do not define those terms.6 (See Doc. 15, Ex. A at 15). The University did not provide any written criteria for determining whether an expressive activity constitutes a demonstration, picket, or rally, and instead relied on University employees’ “use of the word as it is commonly understood by persons of ordinary intelligence.” (Doc. 54 at 26). While the University contends that the solicitation of signatures does not fall into this definition, the Campus Scheduling employees who reviewed Morbitzer’s request assigned him to the area designated for such speech. The fact that the University and its own
6 The Court notes that the University’s newly revised policies do provide definitions for some of the challenged terms. (See Doc. 44, Ex. 1).
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employees have different understandings of the terms demonstrates the clear confusion arising from the unconstitutionally vague terms of the policies.
Plaintiffs further contend that the notice periods governing campus speech activity by students are also unconstitutionally vague. The Use of Facilities Policy Manual requires “anyone requesting to demonstrate, picket or rally must give prior notice of ten (10) working days to University Police.” (See Doc. 15, Ex. A at 15). The MainStreet Event guide, however, states that “all requests must be received no later than five business days before the requested date” and lists the Free Speech Area as a space subject to these regulations. (See Doc. 43, Ex. 3 at 4, 11). Further complicating matters, the Use of Facilities Policy Manual also requires ten days notice for speeches “requiring security,” while the MainStreet Event Guide states that “[f]or events that require security and grounds, a minimum of 15 days before the requested date is required.” (Doc. 15, Ex. 1 at 12; Doc. 43, Ex. 3 at 11). On their face, both policies purport to apply to the Free Speech Area, and yet impose different requirements. Further, the policies provide no criteria for determining whether an event “requires security.”
Because the original policy fails to provide criteria regarding what constitutes a “demonstration, rally, or picket” or an event “requiring security,” imposes seemingly contradictory notice requirements, and presents university officials with the opportunity for arbitrary or discriminatory enforcement, the Court would be compelled to find the policy unconstitutionally vague on its face.
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Thus, Plaintiffs have evidenced a substantial likelihood of success on the merits of their claims, the first requirement for issuance of a preliminary injunction.7
Moreover, it appears that there is little dispute on the remaining elements of the preliminary injunction test. As Sixth Circuit has repeatedly held, “even minimal infringement upon First Amendment values constitutes irreparable injury sufficient to justify injunctive relief.” Miller, 622 F.3d at 540 (6th Cir. 2010); Newsom v. Norris, 888 F.2d 371, 378 (6th Cir. 1989). “When a constitutional violation is likely, moreover, the public interest militates in favor of injunctive relief because ‘it is always in the public interest to prevent the violation of a party's constitutional rights.’” Miller, 622 F.3d at 540 (quoting Connection Distrib. Co. v. Reno, 154 F.3d 281, 288 (6th Cir. 1998)).
Accordingly, Plaintiffs’ Motion for a Preliminary Injunction (Doc. 5) is GRANTED in part.
CONCLUSION Defendants are hereby ENJOINED from: (1) Requiring prior notification for the solicitation by students of signatures of
petitions; (2) Prohibiting all solicitation by students of signatures of petitions in any
designated public forum, including the Free Speech Area, the outdoor spaces described in the MainStreet Event Guide, and campus sidewalks;
7 Because Plaintiffs have established a substantial likelihood of success on the merits, it also holds that Defendants have failed to establish that judgment should be granted in their favor as a matter of law. Therefore, Defendants’ Motion for Summary Judgment (Doc. 44) is DENIED.
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(3) Requiring that all student “demonstrations, picketing, or rallies” occur only in the Free Speech Area and/or McMicken Commons and Northwest McMicken Commons;

(4) Requiring five to 15 days prior notification for any and all student “demonstrations, picketing, or rallies” – without differentiations;

(5) Imposing or enforcing any policy restricting student speech in any designated public forum, including the Free Speech Area, the outdoor spaces described in the MainStreet Event Guide, and campus sidewalks, that is not individually and narrowly tailored to serve a compelling University interest.

Defendants shall revise the student speech policies to craft more narrowly tailored regulations that regulate student expressive activities in designated public fora only as are necessary to serve a compelling government interest; and Defendants may impose content-neutral time, place, or manner restrictions in such a way so as not to burden substantially more speech than is necessary to serve a compelling University interest.

IT IS SO ORDERED.

Date: June 12, 2012

s/ Timothy S. Black Timothy S. Black United States District Judge

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

UNIVERSITY OF CINCINNATI CHAPTER :

OF YOUNG AMERICANS FOR LIBERTY,

:

:

and

:

:

CHRISTOPHER MORBITZER,

:

:

Plaintiffs,

:

:

v.

:

:

UNIVERSITY OF CINCINNATI,

:

:

and

:

:

GREGORY H. WILLIAMS, in his official

:

capacity as President, University of Cincinnati, :

:

and

:

:

CORINN SHEMAK, in her official capacity as :

Program Director, Conference & Event Services, :

University of Cincinnati,

:

:

and

:

:

CATHY KRUMPELBECK, in her official

:

capacity as Public Safety Special Events

:

Coordinator, University of Cincinnati,

:

:

and

:

:

MICHAEL CURETON, in his official capacity :

as Chief of Police, Director of Public Safety,

:

University of Cincinnati,

:

:

and

:

:

Case No. 1:12-CV-155 Judge _______________________ Magistrate Judge ______________
VERIFIED COMPLAINT

[ continued on next page ]

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JOHN DOE, in his official and individual

:

capacity,

:

:

Defendants.

:

Now come Plaintiffs, UNIVERSITY OF CINCINNATI CHAPTER OF YOUNG AMERICANS FOR LIBERTY (“UC YAL”), and CHRISTOPHER MORBITZER (“Mr. Morbitzer”) (collectively, the “Plaintiffs”), and for their Complaint against the UNIVERSITY OF CINCINNATI (the “University”), GREGORY H. WILLIAMS (“Mr. Williams”), CORINN SHEMAK (“Ms. Shemak”), CATHY KRUMPELBECK (“Ms. Krumpelbeck”), MICHAEL CURETON (“Mr. Cureton”), and JOHN DOE (collectively, the “Defendants”), allege as follows:
INTRODUCTION 1. This is an action for declaratory judgment, temporary restraining order, preliminary and permanent injunction, and nominal damages under 42 U.S.C. §1983 arising from the unconstitutional policies and practices of Defendants. Due to Defendants’ policies, practices and custom, as well as certain conduct by one or more Defendant, Plaintiffs have suffered and will continue to suffer irreparable harm to their rights under the First Amendment to the United States Constitution and the Fourteenth Amendment to the United States Constitution. The harm may only be remedied by a ruling from this Court. 2. By maintaining, implementing and enforcing vague policies that, among other things, (i) restrict and prohibit students from engaging in expressive activity on the vast majority of the University of Cincinnati campus, (ii) restrict and prohibit
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spontaneous student speech in response to recent or still-unfolding events, (iii) vest unfettered discretion in university administrators to restrict student speech, and (iv) threaten students with disciplinary or criminal charges for violation of such policies, Defendants have impeded and will continue to unconstitutionally impede Plaintiffs in their efforts to collect signatures for petitions for a state ballot initiative and advocate for its passage. Such expressive activity is a core concern of the First Amendment.
3. Additionally, Plaintiffs desire to engage in other activities consistent with the purpose and goals of the organization and, in so doing, to engage in activities protected by the First Amendment in and about the University of Cincinnati campus without being subjected to the threat of enforcement or the actual enforcement of a policy, practice or custom that fails to comply with the requirements of the United States Constitution.
4. As a result of the policy, practice and custom of the Defendants, as well as certain conduct by one or more Defendant, Plaintiffs have suffered and will continue to suffer irreparable harm unless the Defendants are immediately enjoined from restricting the Plaintiffs’ (and others’) protected speech in this manner.
PARTIES 5. Plaintiff University of Cincinnati Chapter of Young Americans for Liberty (“UC YAL”) is the local chapter of the national group Young Americans for Liberty, and is an unincorporated association of students at the University of Cincinnati. UC YAL is an officially recognized student organization at the University of Cincinnati. It consists solely of students at the University of Cincinnati and a faculty advisor. UC YAL seeks to
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recruit, train, educate, and mobilize students on the ideals of liberty and the United States Constitution. UC YAL brings this action on behalf of itself and its members and supporters.
6. One of the activities in which UC YAL is involved includes efforts to advocate and advance the initiative petition process by gathering signatures to place freedom-oriented ballot initiatives before Ohio voters. At the present time and in support of this effort, UC YAL seeks to gather signatures on the University campus for the Ohio Workplace Freedom Amendment, for which the deadline to submit signatures is July 9, 2012, if it is to appear on the November 2012 ballot, or approximately the same date in 2013 if it is to appear on the November 2013 ballot. UC YAL anticipates working on similar ballot initiatives in the future, including those related to tax limitations and school choice.
7. Plaintiff Christopher Morbitzer is a student at the University of Cincinnati and President of UC YAL.
8. Defendant University of Cincinnati is a public university located in Cincinnati, Ohio. It is part of the university system of Ohio and is a “state university” organized pursuant to Section 3361.01 et seq. of the Ohio Revised Code.
9. Defendant Gregory H. Williams is, and has been at all times relevant to the facts at issue in this case, the President of the University of Cincinnati. As President of the University of Cincinnati, Mr. Williams is the university’s chief administrative and executive officer.
10. Pursuant to Ohio Administrative Code 3361:10-5-01(J), as President of the University of Cincinnati, Mr. Williams “shall have the authority to adopt necessary and
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reasonable policies and procedures regarding the use of the facilities of the university, which amplify the university rules, and Ohio and federal law. [He] shall also have the authority to amend or rescind such policies and procedures.”
11. Pursuant to Ohio Administrative Code 3361:10-5-01(O), as President of the University of Cincinnati, Mr. Williams “shall have the authority to: (1) Adopt amendments to any university rule which: (a) Would clarify or correct the language of the rule but would not constitute a substantive change; or (b) Would conform the rule to applicable laws or regulations.”
12. Pursuant to Ohio Administrative Code 3361:10-1-09(B)(2)(a), as President of the University of Cincinnati, Mr. Williams “may amend any rule of the university . . . which . . . would conform the rule to applicable laws or regulations.”
13. Defendant Corinn Shemak is, and has been at all times relevant to the facts at issue in this case, the Program Director of Conference & Event Services at the University of Cincinnati. Based upon information and belief, Defendant Corinn Shemak, as part of her official duties and responsibilities with the University of Cincinnati, implements or enforces the unconstitutional restrictions accomplished through the University’s policies and practices (as described herein).
14. Defendant Cathy Krumpelbeck is, and has been at all times relevant to the facts at issue in this case, the Public Safety Special Events Coordinator at the University of Cincinnati. Based upon information and belief, Defendant Cathy Krumpelbeck, as part of her official duties and responsibilities with the University of Cincinnati, implements or enforces the unconstitutional restrictions accomplished through the University’s policies and practices (as described herein).
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15. Defendant Michael Cureton is, and has been at all times relevant to the facts at issue in this case, the Director of Public Safety and Chief of Police at the University of Cincinnati Department of Public Safety. Based upon information and belief, Defendant Michael Cureton, as part of his official duties and responsibilities with the University of Cincinnati, implements or enforces the unconstitutional restrictions accomplished through the University’s policies and practices (as described herein).
16. Defendant John Doe is a University of Cincinnati official or employee who had the authority to – and in fact did – deny Plaintiffs’ attempted to engage in expressive activities delineated in this Complaint. Defendant John Doe’s identity is unknown at this time, and he or she is named in his/her official and individual capacity. Based upon information and belief, one of the named Defendants may be Defendant John Doe.
17. All actions by the Defendants described herein were undertaken under color of state law which caused the deprivation of Plaintiffs’ rights protected by the United States Constitution.
JURISDICTION AND VENUE 18. This Court has subject matter jurisdiction over this case pursuant to 28 U.S.C. § 1331, as this action arises under the First and Fourteenth Amendments to the United States Constitution; under 28 U.S.C. § 1343(a)(3), in that it is brought to redress deprivations, under color of state law, of rights, privileges, and immunities secured by the United States Constitution; under 28 U.S.C. § 1343(a)(4), in that it seeks to recover damages and secure equitable relief under an Act of Congress, specifically, 42 U.S.C. §
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1983, which provides a cause of action for the protection of civil and constitutional rights; under 28 U.S.C. § 2201(a), to secure declaratory relief; under 28 U.S.C. § 2202, to secure preliminary and injunctive relief and damages; and under 42 U.S.C. § 1988, to award attorneys fees.
19. Venue is proper within this judicial district and division pursuant to 28 U.S.C. § 1391(b) and Local Rule 82.1, as (i) the Defendants are situated within this judicial district and division; and (ii) all of the claims asserted by Plaintiffs arose within this judicial district and division.
FACTUAL ALLEGATIONS The University’s Policy
20. The University of Cincinnati has an enrollment of over 41,000 students, including 3,861 on-campus residents. It has an annual budget of $1.05 billion.
21. In Ohio Administrative Code 3361:10-17-01, the board of trustees of the University of Cincinnati declared that:
(A) The university of Cincinnati, a public institution dedicated to providing an environment conductive to teaching, learning, research, and a continuing search for truth, will not take a position on any matter of political or public controversy. (B) Any individual member or group of members of the university community, like any other citizen or group of citizens, is free to debate and take a position on any matter of public controversy. But, since the collective reputation of the university cannot be abrogated by an individual or group as a means of supporting his/her or its position, any such activity must be taken in a way to make clear that it is not being carried on by or in the name of the university.
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22. Thus, pursuant to the declaration of the board of trustees of the University of Cincinnati, the campus of the University of Cincinnati is dedicated to “providing an environment conductive to teaching, learning, research, and a continuing search for truth.”
23. However, despite making the lofty declaration that “[a]ny individual member or group of members of the university community, like any other citizen or group of citizens, is free to debate and take a position on any matter of public controversy,” the University of Cincinnati, through the actions of the Defendants, has adopted and regularly enforces a policy, practice and custom that does not provide or allow the university campus to be used as an “environment conductive to teaching, learning, research, and a continuing search for truth.”
24. Despite making the declaration that “[a]ny individual member or group of members of the university community, like any other citizen or group of citizens, is free to debate and take a position on any matter of public controversy,” the University of Cincinnati, through the actions of the Defendants, has adopted and regularly enforces a policy, practice and custom that severely restricts and burdens the free speech rights of individual students or groups of students, including the free speech rights of the Plaintiffs.
25. The University of Cincinnati has a published policy for scheduling use of campus facilities and spaces for expressive activities. The Use of Facilities Policy Manual (the “Policy Manual”) is available at http://www.uc.edu/content/dam/common /docs/policies/UseFacilitiesManual.pdf. A true and accurate copy of the Policy Manual is attached as Exhibit A.
26. The Policy Manual states that: Demonstrations, Picketing and Rallies
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Groups planning a demonstration picket or rally should contact the Campus Scheduling Office or the appropriate scheduling office to familiarize themselves with University policies governing the activity. Demonstrations, picketing or rallies must be scheduled in the appropriate scheduling office and may only take place on the northwest corner of McMicken Commons. Anyone requesting to demonstrate, picket or rally must give prior notice of ten (10) working days to the University Police. Such activities are not permitted inside any campus building. Bonfires require additional clearance from the scheduling office, the Department of Facilities Management, the Department of Public Safety, and the Cincinnati Fire Department. (see Exhibit A, Policy Manual, at 15). The Uptown West Campus Map shows this area of McMicken Commons. It is indicated by the green shaded area (see Exhibit B, Uptown West Campus Map, modified with color). 27. The terms “demonstration,” “picket,” and “rally” are not defined in the Policy Manual, and no examples are given of what activities any of these terms encompass or exclude. 28. Thus, the failure of the Policy Manual to clearly define the terms “demonstration,” “picket,” or “rally” means that a person of ordinary intelligence is not afforded the ability to readily identify the applicable standard for inclusion and exclusion within the requirements of the foregoing policy. 29. Furthermore, the failure of the Policy Manual to provide clear standards to guide the discretion of the public officials of the Univeristy of Cincinnati as to what activities are included within the terms “demonstration,” “picket,” or “rally” results in enabling such public officials to administer the foregoing policy on the basis of impermissible factors or through arbitrary application. 30. Because the foregoing policy functions as a licensing scheme with which students must comply prior to engaging in the exercise of their free speech rights
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(notwithstanding that the University of Cincinnati, by the board of trustees’ own declaration, is dedicated “to providing an environment conductive to teaching, learning, research, and a continuing search for truth”), the foregoing policy constitutes a prior restraint on speech, resulting in censorship.
31. Because the foregoing policy requires ten working days’ advance notice before any planned “demonstration,” “picket,” or “rally,” a student request for use of the “Free Speech Area,” i.e., the northwest corner of McMicken Commons, must be at least fourteen calendar days in advance due to intervening weekends not being counted toward the requirement (and even longer if holidays are within the notification period).
32. Because the foregoing policy requires ten working days’ advance notice before any planned “demonstration,” “picket,” or “rally,” the policy unconstitutionally prevents spontaneous student expressive activity in response to recent or still-unfolding events, as well as events of a time-sensitive or continuous and ongoing nature.
33. On December 8, 2008, the Foundation for Individual Rights in Education (“FIRE”), a non-partisan, non-profit 501(c)(3) educational foundation dedicated to defending and sustaining freedom of speech at our nation’s colleges and universities, wrote a letter to the then-president of the University of Cincinnati expressing its concern about the Free Speech Area, the notice requirement, and the threat made in the Policy Manual that “anyone violating this policy may be charged with trespassing” (attached as Exhibit C). FIRE argued that the University’s restrictions were unconstitutionally vague and unreasonably restricted student speech in violation of the First Amendment.
34. On December 22, 2008, the general counsel of the University of Cincinnati responded to FIRE’s comments with a letter defending the Free Speech Area
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(attached as Exhibit D), asserting that the foregoing policy of the University of Cincinnati meets constitutional standards.
The Fora at Issue 35. The “northwest corner of McMicken Commons” referenced in the
foregoing policy of the University of Cincinnati on “Demonstrations, Picketing and Rallies” is demarcated in the Policy Manual and referred to as the “Free Speech Area”:
Free Speech Area The northwest section (see diagram) of McMicken Commons immediately east of McMicken Hall on the West Campus is designated as the main free speech area. Individuals or groups wanting to use these areas must schedule the activity in the Campus Scheduling Office. Anyone violating this policy may be charged with trespassing. No more than one musical or speaking activity is permitted at the same time. (see Exhibit A, Policy Manual, at 14). The Free Speech Area is the area immediately east of McMicken Hall. It is indicated by the green shaded area on Exhibit B, the Uptown West Campus Map). Exhibit E is a photograph of McMicken Commons modified to show the Free Speech Area colored red. 36. At its longest points, Plaintiffs estimate that the Free Speech Area is 82 feet east-west and 124 feet north-south. The Free Speech Area is approximately 10,000 square feet. The West Campus of the University is 137 acres, or approximately 8,506,833 square feet. The Free Speech Area is therefore approximately 0.1% of the total area of West Campus. 37. The West Campus area has many suitable open areas and sidewalks beyond the Free Speech Area where student expressive activity, including petition gathering and political discussion, will not interfere with or disturb access to UC
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buildings or sidewalks, impede vehicular or pedestrian traffic, or in any way substantially disrupt the operations of campus or the University’s educational functions.
The Expressive Conduct at Issue 38. On February 9, 2012, the Ohio Ballot Board approved language for a
ballot measure proposing an amendment to the Ohio Constitution titled “To guarantee the freedom of Ohioans to choose whether to participate in a labor organization as a condition of employment” (“the Ohio Workplace Freedom Amendment”).
39. The approval by the Ohio Ballot Board thus cleared the way for signatures to be gathered to place the Ohio Workplace Freedom Amendment on the ballot to be voted on by the voters of Ohio.
40. On Monday, February 13, 2012, backers of the Ohio Workplace Freedom Amendment finalized the petition and made it available for download and circulation.
41. Plaintiffs desire to gather signatures to place the Ohio Workplace Freedom Amendment on the ballot, and in the process, to discuss the initiative with their classmates on campus and to advocate for the passage of the initiative itself. Doing so would be consistent with the University of Cincinnati’s designation of its campus as an “environment conductive to teaching, learning, research, and a continuing search for truth.”
42. To qualify for placement on the November 2012 ballot, supporters of the Ohio Workplace Freedom Amendment need to obtain over 385,000 valid signatures on petitions no later than July 9, 2012 (120 days prior to the November 2012 elections).
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Accordingly, at this time, there are less than five months left to gather these signatures from registered Ohio voters.
43. Due to invalid signatures that inevitably occur during an initiative petition effort (due to various reasons), significantly more than 385,000 signatures will be necessary in order to meet the requisite number of valid signatures. By way of example, the recently successful Ohio Health Care Freedom Amendment that passed in November 2011 was also put on the ballot via initiative petition; supporters of that initiative submitted 546,074 signatures to the Ohio Secretary of State of which only 426,998 signatures were verified as valid.
44. Given the deadline for the petition, on each occasion when Plaintiffs are unlawfully and unconstitutionally prevented from collecting signatures and advocating for the passage of the initiative, not only does a violation of their constitutional rights take place, but the likelihood that the Ohio Workplace Freedom Amendment will be on the November 2012 ballot is reduced.
45. The notice requirement of ten working days means that each scheduled instance of gathering to collect signatures on the Free Speech Area faces a potential delay of up to fourteen calendar days (or more if there are intervening holidays during the notification period).
46. Furthermore, the notice requirement prohibits spontaneous speech in response to the actions of the Ballot Board, which substantially burdens the Plaintiffs’ First Amendment rights and leads to a delay in petition gathering and advocacy for the issue. The requirement continues to prohibit spontaneous speech, preventing UC YAL
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from gathering signatures when a conversation evokes the interest of a fellow student who may wish to sign a petition.
47. Limiting petition gathering and advocacy by preventing students from using the overwhelming majority of campus grounds for expressive activity substantially burdens the Plaintiffs’ First Amendment rights and significantly restricts the number of signatures that may be gathered to place the Ohio Workplace Freedom Amendment on the November 2012 ballot.
48. In reaction to the news of the Ballot Board’s approval to begin collecting signatures, Mr. Morbitzer immediately sent an email on February 9, 2012, to the relevant authorities at the University of Cincinnati (via the email address “campusscheduling@uc.edu”) requesting permission to collect signatures and asking for clarification of the University’s policies classifying expressive activity as a “demonstration, picket, or rally” and therefore limited to the Free Speech Area (attached as Exhibit F).
49. At 8:05 a.m. on the next day, February 10, 2012, Mr. Morbitzer received an unsigned email response from “Conference & Event Services” via the email address “campusscheduling@uc.edu.” The response failed to expressly clarify the University policy regarding the definitions of a “demonstration, picket, or rally”; told Mr. Morbitzer to “use the online form to request use of McMicken Commons Northwest Corner”; and threatened police action if the Plaintiffs were seen merely “walk[ing] around campus” engaging in expressive activity outside of the Free Speech Area (attached as Exhibit G).
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50. The response from “Conference & Event Services” to Mr. Morbitzer on February 10, 2012, was sent by Defendant John Doe who, as noted above, is believed to be one of the named Defendants.
51. The response from “Conference & Event Services” to Mr. Morbitzer on February 10, 2012, implied that Plaintiffs’ desired expressive activity, i.e., petition circulating, was within the scope of the term “demonstration, picket, or rally.”
52. In response, Mr. Morbitzer requested permission via the online form on February 10, 2012. However, the form failed to provide Mr. Morbitzer and UC YAL with the option of requesting permission to engage in their desired expressive activity on campus immediately.
53. Contrary to the University’s Policy Manual, which requires “prior notice of ten (10) working days” before engaging in expressive activity deemed a “demonstration, picket, or rally” in the Free Speech Area, the online form stated that “[o]utdoor spaces must be requested at least 15 days in advance of the event” (attached as Exhibit H). No explanation of this discrepancy is given in the Policy Manual.
54. In an email response from “Conference & Event Services” on Friday, February 10 (a copy of which is attached as Exhibit I), Mr. Morbitzer’s request was approved only to the extent Plaintiffs remained at all times in the Free Speech Area:
Hello Christopher, Please see your event confirmation below. You have been assigned the NorthWest corner of McMicken Commons, however you are not permitted to walk around. Also note, that your event was approved despite our 5 Day Business Policy. In the future, this will not be allowed. Therefore, make sure you put your event request in 5 Business Days before your desired date.
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Review the Event Guide and Policies link below for important policies and processes involved with your scheduled space. http://www.uc.edu/content/dam/uc/eventservices/docs/Confirmation%20Notice .Policy%20and%20Process.pdf If you have any questions please contact Conference & Event Services at 5562442. Thank you, Conference & Event Services
55. The approval restricted Plaintiffs’ expressive activity to the Free Speech Area (“the North-West corner of McMicken Commons”) and once again noted Plaintiffs “are not permitted to walk around.” This response indicated that Defendants construed the terms “demonstration, picket, or rally” to include expressive activity like the signature gathering, advocacy, and discussion in which Plaintiffs sought to engage.
56. Based on information and belief, the e-mail from “Conference & Event Services” was sent by Defendant John Doe, who, as noted above, is believed to be one of the named Defendants.
57. This email response refers to a notification period of five business days, while the Use of Facilities Policy Manual refers to ten working days, and the online form refers to fifteen days. No explanation of this discrepancy is given in the Policy Manual.
58. The requirement of five, ten, or fifteen days notice unreasonably prevents spontaneous expressive activities in response to recent or still-unfolding events, as well as those of a time-sensitive nature. For example, it would have been impossible for University students to gather spontaneously to demonstrate their shock and sadness following the tragic events of September 11, 2011, or their support of the United States’
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successful military operation in killing Osama Bin Laden, without violating University policy.
59. Furthermore, the lack of clarity with regard to which of the three notice periods is applicable breeds confusion and uncertainty amongst would-be student speakers, resulting in an impermissible chilling effect on campus and the arbitrary and capricious enforcement of the policy.
60. Plaintiffs desire to engage in expressive activities beyond gathering signatures on behalf of the Ohio Workplace Freedom Amendment. In addition to seeking to gather signatures for this initiative until July of 2012, and possibly July 2013, Plaintiffs have concrete plans to work on future signature-gathering campaigns.
61. On Wednesday, February 15, Plaintiffs – consisting of three members of UC YAL – engaged in signature gathering, advocacy, and discussion in the Free Speech Area as limited by Defendants. Plaintiffs managed to gather only one signature and were only able to interact with six students as a result of the low pedestrian traffic in and adjacent to the Free Speech Area. Plaintiffs witnessed that the overwhelming majority of pedestrian traffic on McMicken Commons going to and coming from the surrounding buildings occurred on sidewalks not adjacent to the Free Speech Area, and thus these students were inaccessible to UC YAL signature gatherers limited to the confines of the Free Speech Area.
62. As a direct and proximate result of the denial by John Doe of their request to immediately gather signatures, to advocate for the Ohio Workplace Freedom Amendment, and to discuss the initiative’s merits with their fellow students, Plaintiffs’ constitutional rights have been violated and Plaintiffs have suffered injury and damages.
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63. The actions of John Doe in denying Plaintiffs’ request to immediately gather signatures, to advocate for the Ohio Workplace Freedom Amendment, and to discuss the initiative’s merits with their fellow students was the direct and proximate result of the policy, practice and custom of the University of Cincinnati as adopted and implemented by Defendants.
64. As a direct and proximate result of John Doe restricting and confining the Plaintiffs only within the Free Speech Area in order to engage in the initiative petition effort, Plaintiffs’ constitutional rights have been violated and Plaintiffs have suffered injury and damages.
65. The actions of John Doe in restricting and confining the Plaintiffs only within the Free Speech Area in order to engage in the initiative petition effort was the direct and proximate result of the policy, practice and custom of the University of Cincinnati as adopted and implemented by one or more of the Defendants.
66. As a direct and proximate result of the policy, practice and custom of the University of Cincinnati as adopted and implemented by one or more of the Defendants, Plaintiffs’ constitutional rights have been violated and Plaintiffs have suffered injury and damages.
Defendants’ Inconsistent Application of the Policy at Issue 67. As mentioned above, Defendants inconsistently apply the notification
period for expressive activities, seemingly confused about whether the required notification period is five, ten, or fifteen days.
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68. Defendants have also been inconsistent in how they define an expressive activity as a “demonstration, picket or rally” that is therefore limited to the Free Speech Area only.
69. For example, in October 2011 and the autumn of 2008, Mr. Morbitzer witnessed individuals engaged in voter registration throughout the grounds of West Campus. They were not limited to the Free Speech Area.
70. Similarly, in the spring of 2009, Mr. Morbitzer witnessed individuals gathering signatures throughout the grounds of West Campus for a proposed amendment to the Ohio Constitution to legalize casino gambling. They were not limited to the Free Speech Area.
71. On information and belief, these signature gathering, advocacy, and discussion activities were not classified as a “demonstration, picket, or rally,” while Plaintiffs’ identical activity was so classified and was therefore restricted to the Free Speech Area.
72. Based upon information and belief, officials within the University of Cincinnati were aware of such First Amendment activities freely taking place outside the Free Speech Area, yet no action was taken to confine such activities within the Free Speech Area.
73. In fact, based upon information and belief, officials within the University of Cincinnati actively supported or condoned such First Amendment activities freely taking place outside the Free Speech Area.
74. To the extent officials within the University of Cincinnati actively supported or condoned such First Amendment activities freely taking place outside the
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Free Speech Area, the restriction of the Plaintiffs to the Free Speech Area for their initiative petition effort constituted unconstitutional discrimination based upon the content or viewpoint of the speaker.
STATEMENT OF LAW 75. Defendant University of Cincinnati is a state actor. See Thomson v. Harmony, 65 F.3d 1314, 1319 (6th Cir. 1995) (“The University of Cincinnati is a state instrumentality”); Hall v. Medical College of Ohio, 742 F.2d 299, 303–04 (6th Cir. 1984) (discussing how state universities in Ohio, including University of Cincinnati, are considered “arms of the state”). 76. At all times relevant to the allegations in this Complaint, each and all of the acts alleged herein were attributed to one or more of the Defendants acting under the color, authority, and pretense of state law, statutes, ordinances, regulations, customs, usages, and policies of the University of Cincinnati. 77. Soliciting and gathering signatures on a petition is core political speech protected by the First and Fourteenth Amendments to the Constitution. Meyer v. Grant, 486 U.S. 414, 422 n.5, 425 (1988). 78. The First and Fourteenth Amendments extend to campuses of state universities. Healy v. James, 408 U.S. 169, 180 (1972). 79. Due process requires that a state enactment be held void for vagueness if the prohibitive terms are not clearly defined such that a person of ordinary intelligence can readily identify the applicable standard for inclusion and exclusion. Grayned v. City of Rockford, 408 U.S. 104, 108 (1972).
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80. The absence of clear standards guiding the discretion of the public official vested with the authority to enforce the enactment invites abuse by enabling the official to administer the policy on the basis of impermissible factors. Leonardson v. City of East Lansing, 896 F.2d 190, 198 (6th Cir. 1990).
81. The vagueness doctrine “requires that the limits the [government] claims are implicit in its law be made explicit by textual incorporation, binding judicial or administrative construction, or well-established practice.” City of Lakewood v. Plain Dealer Publ’g Co., 486 U.S. 750, 770 (1988).
82. A traditional public forum like a park or public sidewalk is subject to reasonable “time, place and manner” restrictions that are narrowly tailored to serve a significant government interest and leave open ample alternative channels of communication. Perry Educ. Ass’n v. Perry Local Educators’ Ass’n, 460 U.S. 37, 45 (1983).
83. A designated public forum is a forum the government intentionally opens to expressive activity to the public at large. Miller v. City of Cincinnati, 622 F.3d 524, 534 (6th Cir. 2010). The standards under the First Amendment are the same as a traditional public forum. Pleasant Grove v. Summum, 555 U.S. 460, 469–70 (2009).
84. “The campus of a public university, at least for its students, possesses many of the characteristics of a public forum.” Widmar v. Vincent, 454 U.S. 263, 267 n.5 (1981).
85. As noted above, the board of trustees of the University of Cincinnati has declared that the university is “dedicated to providing an environment conducive to teaching, learning, research, and a continuing search for truth.”
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86. Thus, the campus of the University of Cincinnati (or, at least, areas other than the Free Speech Area) constitute dedicated public fora in which students, including Plaintiffs, are entitled to engage in speech protected under the First Amendment. And some areas of the campus of the University of Cincinnati (including the public sidewalks adjacent to various streets) constitute traditional public fora.
COUNT I VIOLATION OF RIGHT TO FREE SPEECH UNDER
THE FIRST AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION (42 U.S.C. § 1983)
87. Plaintiffs hereby incorporate by reference the allegations in the foregoing paragraphs as if set forth fully herein.
88. The policies and actions of Defendants vest unfettered discretion in the Defendants to restrict constitutionally protected expression.
89. The policies and actions of Defendants are prior restraints and restrictions on speech in campus areas that are commonly considered traditional or designated public fora.
90. The Defendants’ purported “time, place and manner” restrictions are unreasonable in light of the purpose of the forum, overly broad, not content-neutral, are not narrowly tailored to serve significant government interests, and do not leave open ample alternative channels of communication.
91. As a proximate result of Defendants’ actions, Plaintiffs have been irreparably injured, and will continue in the future to be irreparably injured, in that they
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have been and will be deprived of their right to free speech under the First and Fourteenth Amendments to the Constitution.
92. As a direct result of the Defendants’ violation of the Plaintiffs’ constitutional rights and the continued maintenance of the Use of Facilities Policy, Plaintiffs continue to be prohibited from engaging their fellow students in discussion, advocating on behalf of their political beliefs, and collecting sufficient signatures to successfully place the Ohio Workplace Freedom Amendment on the November 2012 ballot.
93. As a legal consequence of the Defendants’ violation of Plaintiffs’ First and Fourteenth Amendment rights, as alleged above, Plaintiffs are entitled to injunctive relief and, from John Doe, to recover nominal damages.
COUNT II VIOLATION OF THE RIGHT TO DUE PROCESS UNDER THE FIRST AND FOURTEENTH AMENDMENTS
TO THE UNITED STATES CONSTITUTION (42 U.S.C. § 1983)
94. Plaintiffs hereby incorporate by reference the allegations in the foregoing paragraphs as if set forth fully herein.
95. The policies and conduct of Defendants are unconstitutionally vague on their face. They fail to adequately advise, notify, or inform students threatened with disciplinary action and criminal prosecution for violation, and thus have a chilling effect on speech.
96. The Defendants’ policy, practice, and custom of limiting the expressive activities on campus it defines as constituting a “demonstration, picket, or rally” to the
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Free Speech Area is unconstitutional and violates the First and Fourteenth Amendments to the United States Constitution.
97. The Defendants’ policy, practice and custom of allowing its agents or other authorized individuals unbridled discretion in determining which expressive activities constitute a “demonstration, picket, or rally” – and thus are subject to the notification requirement of ten working days and limited to the Free Speech Area – violates Plaintiffs’ rights under the First and Fourteenth Amendments to the United States Constitution.
98. As a proximate result of Defendants’ actions, Plaintiffs have been irreparably injured, and will continue in the future to be irreparably injured, in that they have been and will be deprived of their right to free speech and due process of law under the First and Fourteenth Amendments to the Constitution.
99. As a direct result of the Defendants’ violation of the Plaintiffs’ constitutional rights, Plaintiffs are at continued risk of being unable to engage their fellow students in discussion, advocate on behalf of their political beliefs, and collect sufficient signatures to successfully place the Ohio Workplace Freedom Amendment on the November 2012 ballot.
100. As a legal consequence of the Defendants’ violation of Plaintiffs’ First and Fourteenth Amendment rights, as alleged above, Plaintiffs are entitled to injunctive relief and to recover nominal damages.
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COUNT III DECLARATORY JUDGMENT AND INJUNCTION
(28 U.S.C. § 2201, et seq.) 101. Plaintiffs hereby incorporate by reference the allegations in the foregoing paragraphs as if set forth fully herein. 102. An actual controversy has arisen and now exists between Plaintiffs and Defendants concerning Plaintiffs’ rights under the United States Constitution. A judicial declaration is necessary and appropriate at this time as to Counts I through II above. 103. Plaintiffs desire a judicial determination of their rights against Defendants as they pertain to Plaintiffs’ right to speak, assemble, and gather signatures on petitions on the outdoor areas campus of the University of Cincinnati without being subjected to a prior restraint or “time, place, and manner” regulations which are unreasonable, not content neutral, not narrowly tailored to serve a substantial government interest, and do not leave open ample alternative channels of communication. 104. In order to prevent further violation of Plaintiffs’ constitutional rights by Defendants, it is appropriate and proper that a declaratory judgment be issued, pursuant to 28 U.S.C. § 2201 and FED. R. CIV. P. 57, declaring unconstitutional the University’s policies. 105. Furthermore, pursuant to 28 U.S.C. § 2202 and FED. R. CIV. P. 65, it is appropriate and hereby requested that this Court issue a temporary restraining order and preliminary and permanent injunctions prohibiting the Defendants from enforcing their restrictions on Plaintiffs’ expressive activities to the extent they are unconstitutional, in order to prevent the ongoing violation of Plaintiffs’ constitutional rights.
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PRAYER FOR RELIEF WHEREFORE, Plaintiffs pray for judgment against Defendants and that the Court: A. Declare that the notice and forum provisions of the University’s Use of
Facilities Policy Manual described above are unconstitutional on their face because they violate the rights to freedom of speech and due process of law guaranteed under the First and Fourteenth Amendments to the Constitution; B. Declare that the notice and forum provisions of the University’s Use of Facilities Policy Manual are unconstitutional as applied or threatened to be applied to the activities of Plaintiffs, because they violate Plaintiffs’ right to freedom of speech and due process of law guaranteed under the First and Fourteenth Amendments to the Constitution; C. Declare that restricting students’ expressive activities to the Free Speech Area violates the First and Fourteenth Amendments to the Constitution; D. Issue a temporary restraining order, preliminary injunction, and permanent injunction against the Defendants and all agents, administrators, employees, or other persons acting on behalf of the University, from enforcing said policies against Plaintiffs and others who seek to participate in expressive activities both within the Free Speech Area and on sidewalks and outdoor open areas such as those described in this Complaint; E. Award nominal damages against Defendant John Doe;
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F. Pursuant to 42 U.S.C. §1988 and other applicable law, award Plaintiffs their costs and expenses incurred in bringing this action, including their reasonable attorneys’ fees; and
G. Grant such other and further relief as the Court deems equitable, just, and proper.
Respectfully submitted, /s/ Ryan D. Walters______________ Ryan D. Walters (0076724)
Trial Attorney for Plaintiffs Maurice A. Thompson (0078548) 1851 Center for Constitutional Law 208 E. State Street Columbus, Ohio 43215 Tel: (614) 340-9817 Fax: (614) 365-9564 rwalters@ohioconstitution.org mthompson@ohioconstitution.org
/s/ Curt C. Hartman______________ Curt C. Hartman (0064242)
Co-counsel for Plaintiffs The Law Firm of Curt C. Hartman 3749 Fox Point Court Amelia, Ohio 45102 Tel: (513) 752-8800 hartmanlawfirm@fuse.net
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Pursuant to 28 U.S.c. § 1746, I, Christopher Morbitzer, declare the following: 1. I have personal knowledge of the matters alleged in the Complaint. 2. The allegations contained herein are true and accurate.
I declare under penalty of perjury that the foregoing is true and correct. Executed this 21st day of February, 2012.
Christopher Morbitzer
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University of Cincinnati
Use of Facilities Policy Manual
8/2008
[1The information contained herein was prepared by a committee appointed by the President of the University of Cincinnati and has been reviewed by the Office of General Council.]
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TABLE OF CONTENTS

Access to University Buildings ………………………………………………………….. 3 Use of Storage Facilities on Campus…………………………………………………….. 3

General Policies Pertaining to the Use of University Facilities…………………………4 Responsibilities of all Groups/Individuals……………………………………………….. 4 Rental Charges and Expenses…………………………………………………………….. 4 Safety and Security……………………………………………………………………….. 5 Political Programs and Activities………………………………………………………….5 Fund Raising……………………………………………………………………………… 6 Distribution of Printed Materials, Publicity, Promotional Methods, Posted Materials… 6 Bulletin Boards…………………………………………………………………………… 6 Banners…………………………………………………………………………………… 7 Recruiting and Information Tables……………………………………………………….. 7 Speakers, Speech and Assembly………………………………………………………….,8

Academic Facilities……………………………………………………………………… 9 East Campus……………………………………………………………………………….9 West Campus……………………………………………………………………………... 9 Branch Campuses………………………………………………………………………… 10

Non-Academic Facilities…………………………………………………………..............12

Athletic Facilities…………………………………………………………………………..16

Area Specific Facilities…………………………………………………………………… 17-44

Appendices………………………………………………………………………………… 44

Appendix A - Definitions………………………………………………………………… 44

Appendix B – Individual Policies

47

Alcohol Policy……………………………………………………………………... 47

Amplification Policy……………………………………………………………… 48

Banner Policy……………………………………………………………………… 49

Bicycles, Skateboards, Inline Skates Policy………………………………………. 52

Chalking…………………………………………………………………………….52

Dance Policy……………………………………………………………………….. 53

Graffiti Policy……………………………………………………………………… 56

Grill Policy ………………………………………………………………………… 57

Nautilus Policy…………………………………………………………………….. 57

Posting Policy……………………………………………………………………… 58

Publications Policy………………………………………………………………… 59

Sigma Sigma Commons/Campus Green Usage Policy……………………………. 60

Temporary Outdoor Signage………………………………………………………..60

Tent and Canopy Use on Campus……………….………………………….………61

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University of Cincinnati Use of Facilities Policy Manual
Access to University Buildings
While the University of Cincinnati is a public institution, its primary purpose is to provide an environment for education and scholarship. As with all state, federal and local entities, “public” does not mean that all areas are open to the general public. The are some areas, such as sport and performing arts venues, shops and restaurants, where access by the general public is permitted, and in many cases, encouraged. On the other hand, classrooms, laboratories, academic offices, student lounges and other educational and research venues are not open to the general public but are for the most part limited to the use of faculty, students, staff and invited guests who have business related to the mission of the University (the “University Community”).
When a building contains areas that are designated as open to the general public, access is limited to those areas and only during specified hours. Unless otherwise posted, most public access areas are accessible by the general public during normal business hours (Monday – Friday from 8:00 AM to 5:00 PM). During other days and/or hours, all areas in the building are restricted to the University Community.
As noted above, there are some exceptions to this restriction; such as when a public event is being held in a university building; e.g. CCM performances, athletic events, meetings open to the public, etc., or when a building contains areas intended for public/guest/alumni use; e.g. bookstores, libraries, restaurants, recreation areas, etc.
There are some facilities that are restricted, even during normal business hours, and not all areas of the University are open to all members of the University Community. These areas are posted and/or locked. (Access to residence halls is restricted at all hours to residents, registered guests and authorized staff.)
Use of Storage Facilities on Campus
The University of Cincinnati does not permit use of any storage areas or facilities (such as lockers, cabinets, etc.) by anyone without express permission. Items found stored in violation of this section of the Use of Facilities Policy Manual will be confiscated and disposed of in accordance with the law concerning found property and/or contraband, as indicated by the type of property.
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GENERAL POLICIES PERTAINING TO THE USE OF UNIVERSITY FACILITIES The policies stated herein were developed by the Use of Facilities Policy Committee. They were approved by the Academic and Administrative Councils and the President of the University of Cincinnati and are administered and interpreted by the appropriate scheduling office. Appeals related to the application of these policies are to be referred to the Use of Facilities Policy Committee for review. These policies are not applicable to the Housing and Food Services Office or Hospital patient care areas which have their own separate policies.
The facilities of the University are the property of the State of Ohio, and are subject to all applicable state laws, rules and regulations.
Non-University individuals or groups can schedule use of University facilities within certain limitations.
The following priority is used for scheduling facilities:
1. Academic classes 2. Academic related activities 3. Activities sponsored or co-sponsored by the University of a University group. 4. Activities sponsored by a non-University group.
A non-University group may reserve facilities only if comparable facilities are not available commercially elsewhere in the local community. Requests by non-University groups for use of University facilities for activities which are in competition with the University’s educational or cultural offerings (classes, seminars, etc.), are not approved. Determination of whether competition exists is decided by the appropriate scheduling office in consultation with academic and administrative units.
The University of Cincinnati reserves the right to change facility assignments or to cancel any previously scheduled facility if such change or cancellation is made to meet University needs. The University is not responsible for any costs or damages suffered by a sponsoring group as a result of such change or cancellation.
Responsibilities of All Groups/Individuals Using University Facilities The sponsor must conduct an event in a manner that complies with all policies regarding the use of University facilities. The sponsor assumes total responsibility including, but not limited to financial and legal obligations for an event using University facilities. Specific smoking and use of alcohol regulations apply to University facilities and are detailed in Appendices B and C. Groups and individuals who sponsor an event are responsible for any loss or damage incurred by the University resulting from their occupancy of University facilities.
Rental Charges and Expenses A standard rental charge is made for the use of University facilities by a non-University group. No rental charge is made for the use of facilities for an event sponsored by the University or a University group held during hours when campus buildings are regularly open unless admission is charged or donations are requested. No rental charges are made for the use of facilities for events if the University is compensated through other direct methods, i.e., tuition, fees and/or
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grants. Rental charges may be obtained from the appropriate scheduling office. Student organizations sponsoring events involving admission charges or donations must obtain approval of the Student Activities and Leadership Development’s Financial Advisor. All rental charges are payable two weeks in advance of the event. Charges are assessed to all groups for direct expenses incurred as a result of occupancy beyond regular hours, special equipment, set-ups, services, and personnel required to service an event. All charges are based on the University Schedule of Charges for Use of Facilities on file in the appropriate scheduling offices. Requests for exceptions to established charges or advance payment are referred to the Use of Facilities Policy Committee.
Payment of all charges for the use of University facilities and services is the responsibility of the group and/or the agent representing the group. If the group does not meet its financial obligations to the University, the individual who requested use of facility is responsible for the payment. University groups which co-sponsor an event with a non-University group or organization are responsible for any financial and legal obligations incurred if not settled by the non-University group. Non-University groups must pay all outstanding charges within thirty (30) days following issuance by the University of a Statement of charges incurred unless otherwise stipulated in a signed contract.
Safety and Security Due to fire safety and building code regulations, stairways and corridors within buildings may not be used as gathering places or for holding events. Security requirements for all events using University facilities are determined by the University Department of Public Safety. Compliance with all safety and security laws is the responsibility of the sponsoring group or individual, but the University Police have the ultimate authority to insure compliance with all rules, regulations and laws. Persons present on University property are subject to the authority of the University Police. Non-University groups must obtain and maintain public liability insurance covering bodily injury and property damage in an amount to be determined by the appropriate scheduling office. A security deposit may be required.
The authority to determine the number of police/security personnel assigned to an event, their post/are of assignment, and their duties rests with the Department of Public Safety.
The University Police Officer assigned to an event shall insure compliance with safety rules, regulations, and laws. The use of firearms (including blanks), explosives, and/or pyrotechnics is prohibited without the express written permission of the Department of Public Safety.
Political Programs and Activities University groups may sponsor a political candidate for speaking engagements only. University facilities may not be used for political fundraising activities where solicitations of funds, donations or similar activities take place. No solicitation of funds may take place for the benefit of the sponsoring political organization and/or the political candidate. University facilities are not available to non-University groups for partisan political programs, receptions, fundraisers or similar activities.
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Fundraising Services of facilities are not available for fundraising purposes if the funds are designed solely to enrich an individual or commercial sponsor. This does not preclude fundraising activities in support of University groups or organizations.
Distribution of Printed Materials, Publicity, Promotional Methods, Posted Materials Individuals wanting to distribute printed materials on the West Campus grounds must first schedule the activity/distribution points in the Campus Scheduling Office. Distribution to the University community of printed materials, including fliers, handbills, and announcements, is limited to the northwest section of Mc Micken Commons, the sidewalk in front of Baldwin and the angled sidewalk on Sigma Sigma Commons (see diagram). In the interests of patient care, no distribution of printed materials is allowed on East Campus grounds.
Distribution must be done in an orderly manner and must not interrupt traffic on campus or otherwise interfere with the normal use of the area. Material distributed must have the name of the sponsoring person or group clearly indicated on the material. Individuals distributing printed materials are responsible for cleaning up debris in the areas affected. Non-University literature may be distributed to University employees only during the employees’ non-working time and in non-working areas with prior approval from Campus Scheduling on the northwest corner of McMicken Commons.
Advertising and promotional literature of events sponsored or co-sponsored by a University group must identify the specific University Department or Organization. All such material must be approved by the sponsor or co-sponsor prior to publication. Non-University groups may not use the University name, seal, logo, or other University identification in any advertising or promotional literature, except to note location of the event.
Any publicity within campus buildings must be registered by the appropriate office and/or person responsible for each bulletin board in the building. Posting is permitted on specified bulletin boards ONLY, not on walls or glass. Posters/fliers must be in reference to a University event or activity and must clearly state the name of the sponsoring group or organization. Posters/fliers must be removed immediately following the event.
Bulletin Boards Available West Campus Bulletin Board locations are on file at the Campus Scheduling Office. East Campus locations can be obtained from the appropriate Dean’s or Departmental office. Priority is assigned in the following order.
1. Official University events or activities 2. Events or activities sponsored by a recognized University group or unit. 3. Events or activities co-sponsored by a recognized University group or unit. 4. Events or activities sponsored by a non-University group, which may be of benefit or
interest to the campus community. Materials in this category are considered only if they do not conflict with University events and if space is available.
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Banners Banners advertising University events or sales that are scheduled in the Campus Scheduling Office can be displayed. Requests for banner displays are accepted January 1, for the ensuing academic school year Printing may list only the name of the event or sale, date, time, place and sponsor. Banners must be attractive, in good taste, and of general interest to the campus community. Banners carrying the name of an individual aspiring to an elected position not directly connected with the University are not permitted.
Recruiting and Information Tables Recruiting activities are scheduled through the appropriate scheduling office. When scheduling the event, the group is referred to the college office of each academic buildings involved to obtain approval. If the college office personnel determine the dissemination of information at the point desired interferes with traffic or internally planned programs, they may refuse the request. Groups scheduling recruiting activities in buildings other than Tangeman University Center furnish their own tables and chairs. Sales and Solicitation of Funds Groups wishing to conduct sales, or solicit funds must file a written application for approval with the Chair of the University Committee On Sales and Solicitation of Funds, and must adhere to the policies and rules contained in the University Sales and Solicitation Policy. Permission for a non-University group to contact sales is granted only if the group is co-sponsored by a University group, organization or department. No room-to-room soliciting is permitted at any time, at any location on campus. Sales may not be conducted in competition with the usual business of the University of its Departments. All sales and solicitation for funds shall be consistent with the educational and public responsibilities of the University. Gambling Gambling is prohibited on or within University buildings and grounds. Under the Ohio Revised Code, raffles may be allowed if they are conducted by organizations having 501 C (3) exemptions from the IRS. In order to conduct a raffle on campus, the group or organization must meet all applicable State and Federal requirements and must register with the Office of Campus Scheduling. Food Service Food service requests should be arranged through the appropriate scheduling office for each facility. For regulations governing the purchase and consumption of alcoholic beverages, see Appendix C.
Storage The University does not provide equipment storage for individuals or groups scheduling facilities. Equipment storage is the responsibility of the individuals or groups.
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Speakers, Speech and Assembly The following policies have been formulated to assure to all members of the campus community the right to inquire, to speak, to hear, and to assemble peaceably, reflecting the rights of academic freedom and the obligations of academic responsibility. All members of the University community shall honor the freedom of each individual within that community in matters of speech, learning, inquiry, hearing, and peaceful assembly. No one may interfere with the rights of others to pursue teaching, study, class attendance, research, learning, or administrative duties. Any University group may invite speakers to address their organization at any time. In the interest of intellectual integrity and academic responsibility, any group sponsoring a series of speakers should endeavor to present all sides of a controversial subject. The name of the speaker must be supplied on the scheduling application in the appropriate scheduling office no later than five days in advance of the meeting.
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Section I ACADEMIC FACILITIES Policies A particular academic facility may be used only for activities which are consistent with its basic design and purpose. Requests for reservations during times when a facility is not scheduled for University sponsored events are scheduled on a first-come, first-served basis.
West Campus The Office of the Registrar, Division of Registration and Scheduling, maintains the central file of some general purpose classrooms and seminar rooms and has scheduling authority in the rooms Monday through Friday, 7:30 a.m. to 6:30 p.m. This Division schedules rooms for the McMicken College of Arts and Sciences, the University College, the College of Education, the College of Engineering and the School of Social Work., This Division also schedules some space in the College of Business Administration, and the College of Design, Art, Architecture, and Planning. The College Conservatory of Music and the College of Law facilities are scheduled in their respective college offices. The College of Business Administration schedules academic space in Lindner Hall until class orders are submitted, then the Division of Registration and Scheduling assumes scheduling responsibility. The College of Design, Art, Architecture and Planning schedules use of its academic space with some assistance from the Division of Registration and Scheduling. The Campus Scheduling Office schedules the use of academic space for conferences, meeting and events when class is not in session and on weekends. The Division of Registration and Scheduling coordinates the scheduling of academic space for other courses convening after 6:30 p.m.
East Campus College of Medicine facilities in the Health Professions Building and the Medical Sciences Building may be used only when scheduled and confirmed in advance. An Application to Schedule Facilities must be completed for each event and submitted to the Medical Art and Design Services (MADS) for approval. Consideration for the use of facilities is given to complete, signed, written applications only. No oral requests will be honored. Final approval and rental charges for the use of facilities are based on the type and scope of the event, the financial arrangements, and the department or organization responsible for the event. Facilities are reserved “as is.” No arrangement of equipment, personnel, or services is included or implied with the confirmation of any College of Medicine facility. Facilities are not officially reserved until a signed confirmation copy of the application is received by the applicant from MADS.
College of Medicine academic classes and exams have the highest priority and supercede all other use of facilities. Monday-Friday 7:00 a.m. to 6:00 p.m., facilities are reserved exclusively for academic classes and exams, College of Medicine, Medical Center and University sponsored events only. Non-University events are not scheduled in the facilities during the academic day. After 6:00 p.m. Monday-Friday, and on weekends, consideration is given to non-University sponsored events for the use of Kresge Auditorium or Classroom E-351 only. No other College of Medicine facility is available for non-University events at any time.
The Colleges of Pharmacy and Nursing each schedule the use of their own facilities at the respective college office. Room reservations for the College of Pharmacy required courses,
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elective courses, seminars, and other programs are scheduled in preference to all other room reservation requests. Room reservations for the College of Nursing and Health must be made as far in advance as possible. Room assignments are made in a manner that will accommodate the number of students and best utilize the Procter Hall facilities. College of Nursing Health facilities may be reserved for conferences, meetings, or other special purposes on a one-time only basis. These reservations must be made far enough in advance to avoid conflict in scheduling. Requests for special arrangements of chairs, tables, etc., must be made two weeks in advance.
Branch Campuses Classrooms, seminar rooms, and laboratories are scheduled through the individual college offices. At Raymond Walters College, OMI College of Applied Science, and Clermont College, classrooms used for academic purposes are requested on a class order form or by memo through the college office. Classrooms for non-academic purposes are scheduled via memo or forms through the Business Office.
Procedures: Scheduling of teaching laboratories and special purpose rooms is accomplished through the individual departments or colleges responsible for those facilities. However, the usage of these rooms is reported to the Office of the Registrar, Division of Registration and Scheduling when the class orders are submitted. All requests for specific classrooms, seminar rooms and auditoria, must be directed to the Office of the Registrar, Division of Registration and Scheduling, on a class order form each quarter. A class order may be placed at any point in the quarter and students have access to the course through the registration process on the same day the class order is placed. To have the class published in “Learning Opportunities,” the schedule of classes, a class order must be placed by a specific deadline date three (3) to six (6) months in advance of the start of the quarter. If no room is available, the class order will not be entered and the college/department will be notified that the class order is being held until a room opens at the requested time or the department will be offered alternate, open time slots.
Each college and/or department is given preference in their own building or in adjacent buildings as space permits. Classes are scheduled into classrooms based on estimated enrollment when the mix of rooms available allows a match of the room with the estimated enrollment. Requests for the use of specific classrooms on a preferred basis may be made, but there is no guarantee that the specific room requested will be scheduled. Although the scheduling office prefers to keep all classes in the same room each quarter, the changing mix of course/selections each quarter including on quarter courses, and trailer courses, makes it impossible to keep all continuing courses in the rooms that they occupied in the Autumn Quarter.
Extra (all-quarter) one day meeting times called “extra rooms” for regularly scheduled academic courses are scheduled only after all other academic scheduling has occurred. One day meetings are currently not scheduled until the week before the quarter begins.
On the West Campus, large auditoria scheduling occurs once annually in January for the next academic year. Large auditoria request forms are delivered to all colleges and Arts and Sciences departments in December each year, and are due the first week of January. Scheduling is
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accomplished before February 1 so that college/departments know their large auditoria schedule in order to plan their other course requests before Autumn class orders are due. After the schedule for large auditoria is published, a course/section may not change the day or time. Remaining space may be requested for use by any college/department and it is granted whenever possible. The Office of the Registrar, Division of Registration and Scheduling has final authority to move course/sections if the need arises, especially if a larger course/section needs one of these large auditoria. On the East Campus, large auditoria scheduling arrangements are made though the college offices. Once the scheduling process of course/sections is completed for a quarter (about 45 days before classes begin), classroom assignments are sent to each college. Once room assignments are published and circulated, a college/department may request a room change. Since room assignments are published on schedule/bills, room changes should not be made unless absolutely necessary. The students receive no notice that a room change has occurred prior to going to the first class meeting where a room change sign is posted directing them to the new room. Room change requests are accomplished through the department or college to keep them updated as to the new location of the course. Room change requests are honored if a room is available that will accommodate the course/section enrollment. Over subscription due to closed course petitioning should be avoided. Classroom Time Blocks All undergraduate classes (excluding laboratories) are scheduled at regular times as defined below:
· Monday, Wednesday, Friday on the hour in 50 minute time blocks · Tuesday and Thursday on the hour or half hour in 1 ½ hour time blocks
Graduate courses may be scheduled in 2 to 3 hour time blocks, but they should begin and end on the hour Monday, Wednesday, and Friday or on the hour or half hour on Tuesday and Thursday.
Free Hours The University has a Free Hour on Tuesday and Thursday 12:30 p.m. to 2:00 p.m. For scheduling purposes, any course with a meeting time that crosses through that hour is considered as meeting during the Free Hour. Permission to use the Free Hour for classroom scheduling is given with the proviso that only multiple section courses are scheduled during that time period. The proviso is made primarily so that those students and faculty involved in campus activities may select another section if necessary. Colleges and departments which find it necessary to schedule a single section course during the Free Hour must request an exception to the Free Hour Policy. Such requests should be in writing to the Director of Registration and Scheduling. Written notification is sent to the requesting department following review.
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Section II NON-ACADEMIC FACILITIES
Procedures The Campus Scheduling Office, 265 Tangeman University Center (556-2442) is responsible for scheduling all University facilities including exterior open space on West Campus when they are not in use for academic purposes. The implementation of University policies and charges related to the use of facilities is also the responsibility of the Campus Scheduling Office. Individuals wanting to schedule meetings, conferences, workshops, institutes, concerns and other events requiring University facilities, housing, food services, parking, etc., must make arrangements in this office. College of Medicine facilities are scheduled by Medical Art and Design Services (MADS), Room E-401 MSB, 231 Bethesda Avenue, Cincinnati, OH 45267-0574, 588-0161. Facilities may be used only when scheduled and confirmed in advance. An Application to Schedule Facilities must be completed for each event and submitted to MADS for approval.
The scheduling of facilities on branch campuses and athletic facilities, including notification to the Campus Scheduling Office and the implementation of University policies regarding their usage, has been delegated to the offices listed in Section IV of this Manual.
Facilities are not officially reserved or confirmed until a signed confirmation copy of the application is received by the applicant from the office. An event should not be advertised or promoted until formal confirmation is received. If use of a reserved facility is to be cancelled, the sponsor or co-sponsor must notify the appropriate scheduling office as soon as possible and should also cancel arrangements for equipment, personnel, and services made in connection with the event. Written notice of cancellation or changes relating to an event should be received by the appropriate scheduling office no later than five (5) working days prior to the event. The sponsor and co-sponsor are responsible for all costs incurred by the University for events, which are reserved but subsequently cancelled.
1. Oral Request for Space: Oral requests for space may be made for classrooms and designated “pre-set” rooms within Tangeman University Center. A maximum of three dates may be reserved by telephone. All rooms “as-is” without equipment. Tentative requests for changeable rooms may be made by phone. An application must be submitted to confirm the reservation.
2. Written Request for Space: Changeable rooms, events, requiring more than three dates and events incurring charges must be submitted by application in order to be confirmed.
3. Confirmation: University facilities may be used only when scheduled and confirmed in advance. A facility is not officially reserved until the applicant receives written confirmation from the Campus Scheduling Office.
Please allow a minimum of five (5) working days notice for a written request. Ten (10) working days notice is required for reservations requiring security, electricians, media center technicians and table rentals (more than six (6) tables in Tangeman University Center and any tables in a university facility outside of Tangeman University Center. PLEASE
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DO NOT ADVERTISE FACILITIES UNTIL WRITTEN CONFIRMATION IS RECEIV ED.
4. Cancellations: The Campus Scheduling Office should receive Cancellations or changes of a confirmed meeting, function or event as soon as possible in writing. Organizations or departments will be held responsible for any charges incurred due to failure to cancel. In addition there will be a fee incurred for any group that does not cancel in writing with the Campus Scheduling Office a minimum of five (5) business days prior to their event. The Campus Scheduling Office reserves the right to cancel a confirmed meeting if it is found to be in competition with the University’s educational or cultural offerings.
Cancellation of events involving security, electrician and media center technicians must be made in writing a minimum of five (5) business days prior to the event. Organizations will be responsible for charges incurred if the Campus Scheduling Office does not receive notice, as outlined by the stated timeframes.
5. Food Service/Catering: If food service is desired in Tangeman University Center, arrangements must be made with the Catering Office in TUC (556-3135) after space has been reserved in the Campus Scheduling Office. A food service waiver must be obtained in advance from the Campus Scheduling Office for groups requesting special catering privileges. Tickets sold must clearly state the cost of the meal. If a catering waiver is approved Room Rental will apply.
6. Special Equipment or Arrangements: After an event has been scheduled, please contact the Campus Scheduling Office for any changes or additions in the original set-up requested. The use of media equipment outside Tangeman University Center must be arranged with the Media Center (556-1977).
7. The Campus Scheduling Office reserves the right to modify room assignments at the University of Cincinnati as necessary. However, every effort will be made to notify the applicant in a timely manner of any room modifications and to notify the applicant in a timely manner of any room modifications and to schedule compatible meeting space.
8. CHARGES: Information concerning charges governing the use of university facilities is available in the Campus Scheduling Office. Bills will be rendered in accordance with the university schedule of charges. Use of facilities will not be permitted until all outstanding financial obligations have been met. Payment of all bills will be the responsibility of the sponsor if the individuals or groups in charge of the event do not meet financial obligations incurred.
9. Please note, any equipment needs must be requested in writing in advance or you will incur a $100.00 rental fee if supplied the day of the event. There is also a 30 minute grace period for groups to arrive at their event at their scheduled time. Groups who arrive more than 30 minutes late for their event will be subject to a $100.00 late arrival fee. If the event occurs on a weekend, after 30 minutes the room will be secured and staff will no longer be available. If food or beverages are part of your event in TUC, it must
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be ordered through Classic Fare Catering at 556-3135. If food and beverages are brought into TUC from any outside source, room rental will be assessed and charged to the sponsoring organization.
10. RESPONSIB ILITIES OF GROUP USING UNIVERSITY FACILITIES: Groups will be held responsible for any loss or damage incurred while the facilities are reserved in their name. Assessments will be made accordingly.
11. SPONSOR RESPONSIB ILITY: Sponsor is defined as the individuals, department or organization within the university, which assumes total responsibility including, but not limited to, any financial and legal obligations, for a project or activity using facilities.
12. POLICIES REGARDING USE OF UNIVERSITY FACILITIES: Basic policies, in addition to those listed are on file in the Campus Scheduling Office and are administered and interpreted by this office. Questions regarding interpretation may be referred to the Use of Facilities Advisory Committee for consideration.
a. Gambling and Raffles – In any form are prohibited on or within the university buildings and grounds.
b. Smoking – Smoking is not permitted inside any campus facility.
c. Solicitation – Any recognized student group wishing to sponsor a vendor on campus must complete the appropriate forms in the Student Activities and Leadership Development Office.
13. PARKING: Guest parking is available in the College Conservatory of Music Boulevard Garage (off Corry Boulevard) the Clifton Court Garage (off Clifton Court), the Woodside Garage (on Woodside Drive), or the Campus Green Drive Garage (off Martin Luther King Jr. Avenue) on an hourly basis. The Campus Scheduling Office will supply the necessary forms to be returned to the Parking Office when special events are scheduled.
14. STUDENT ORGANIZATION:
1. Meetings or Events: Student groups must schedule all on-campus events in the Campus Scheduling Office. Selected events may require approval from the Student Activities and Leadership Development Office prior to receiving final confirmation by the Campus Scheduling Office. Groups incurring charges must have written approval from their faculty advisors prior to confirmation of any events.
2. Residence Hall Facilities: Residence hall facilities are not available to nonresidence hall groups during the academic year and may only be scheduled through the central office of Resident Education and Development.
Free Speech Area The northwest section (see diagram) of McMicken Commons immediately east of McMicken Hall on the West Campus is designated as the main free speech area. Individuals or groups wanting to use these areas must schedule the activity in the Campus Scheduling Office. Anyone violating this policy may be charged with trespassing. No more than one musical or speaking activity is permitted at the same time.
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Amplification Amplification is permitted only by University organizations at the following times and places:
Center sections (2) of McMicken commons or Bearcat Plaza, 12:30 p.m. to 2:00 p.m., Tuesday and Thursday, during the Autumn, Winter and Spring Quarters, but not during exam weeks, between quarters or during the Summer Quarter. Sigma Sigma Commons, Campus Green and Athletic Practice Field 12:30 p.m. – 2:00 p.m Tuesday and Thursday
5:00 p.m. – 11:00 p.m. Friday 12:00 Noon – 11:00 p.m. Saturday 12:00 Noon – 6:00 p.m. Sunday
Groups must contact Work Control for electrical service needs for these areas (556-6404). Each group may schedule in advance only two amplification dates per quarter. Groups may obtain an additional amplification date if there is an opening forty-eight hours before the desired date. The maximum sound level is to be 90 decibels. The sponsoring organization and/or the University Police are responsible for maintaining allowable sound levels.
Demonstrations, Picketing and Rallies Groups planning a demonstration picket or rally should contact the Campus Scheduling Office or the appropriate scheduling office to familiarize themselves with University policies governing the activity. Demonstrations, picketing or rallies must be scheduled in the appropriate scheduling office and may only take place on the northwest corner of McMicken Commons. Anyone requesting to demonstrate, picket or rally must give prior notice of ten (10) working days to the University Police. Such activities are not permitted inside any campus building. Bonfires require additional clearance from the scheduling office, the Department of Facilities Management, the Department of Public Safety, and the Cincinnati Fire Department.
Disruptive Conduct If classes or administrative functions of the University are being disrupted, the persons creating or inducing the disturbance, once notified by University Police, or the appropriate scheduling office, must bring their activities to a non-disruptive level. If the disruption continues, the University Police may require the crowd to disperse and/or speaker to terminate the program or activity.
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Section III ATHLETIC FACILITIES
Policies The playing and practice fields, tennis courts, organized recreational areas, swimming pool and facilities in Laurence Hall are scheduled by the Athletic Office, Room 316 Laurence Hall, 5565601 in cooperation with the Campus Scheduling Office. Facilities located in Shoemaker Center, except UCATS, are scheduled by calling 556-2170. Use of the UCATS facility for private meetings, dinners and parties is scheduled by calling 556-4884. The priority in scheduling Athletic facilities is as follows:
1. Academic classes 2. Varsity Games 3. Team practice sessions, visiting team practices and athletic events 4. Scheduled band practices 5. Intramural activities 6. Student free play recreation 7. University groups 8. Non-University groups
Exceptions to these policies must be negotiated between the Directors of Athletics and the Campus Scheduling Office. If an agreement cannot be reached, an appeal may be made by the Campus Scheduling Office to the Use of Facilities Policy Committee. Procedu res: University groups that charge admission to an event will be required to pay rent plus direct expenses when contracting for the use of athletic facilities. In situations where no admission is charged, the rental fee may be waived at the discretion of the Athletic Department. The Athletic Department bills the group and makes arrangements. The Cincinnati Recreation Commission is considered in the same category as a University group due to reciprocal benefit programs. All Cincinnati Recreation Commission events involving admission or entry fees are charged the standard rental fee plus expenses. Non-University groups are charged rental plus all direct and indirect costs in accordance with the Schedule of Charges.
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Section IV AREA SPECIFIC FACILITIES

Name of Facility

Academic Space – General Purpose Classrooms

Statement of Purpose (intended use)
General purpose rooms are centrally scheduled classrooms available to any academic unit needed to teach a course or section of a course.
Specific Policies which apply to this Facility
Course must be approved by the academic unit and entered on the Master Catalogue of Courses. Room requests must be submitted quarterly on class order form. Day courses must be requested in 50 minute time blocks beginning at 8:00 a.m. if M, W, F or 90 minute time blocks beginning on the hour or half hour if T/TH.
Priority of Usage (if any)
College and departments are given preference in rooms within their own building.

Contact: Phone Number: Office and Mail Location

How to schedule:
Administrative Support Specialist – Classes 556-6500 530-A University Pavilion, M.L. 0150

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Name of Facility

African American Cultural & Research Center

Statement of Purpose (intended use)
The African American Cultural and Research Center is established as a community center of the University to serve the faculty staff and alumni, as well as the community at large.

Specific Policies which apply to this Facility
Reservations must be made 14 days in advance in accordance with the African American Cultural and Research Center reservation procedures.

Priority of Usage (if any)
In order of receipt of formal request for use.

Contact: Phone Number: Office and Mail Location

How to schedule:
Administrative Coordinator 556-1177 Sander Dining Facility, M.L. 0386

All other uses must be scheduled through Campus Scheduling Office.

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Name of Facility

College of Business - Lindner

Statement of Purpose (intended use)
Academic use by the College of Business Administration. Limited non-academic use.

Specific Policies which apply to this Facility
See Section I West Campus Academic Facilities.

Priority of Usage (if any)
College of Business academic classes and academic related activities get first priority.

Contact: Phone Number: Office and Mail Location

How to schedule:
Officer Manager 556-7003 102 E Lindner, College of Business, M.L. 0020

All other uses must be scheduled through Campus Scheduling Office.

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Name of Facility

CCM – Emery Hall, Corbett Auditorium, Patricia Corbett Theater

Statement of Purpose (intended use)
Academic usage by the College-Conservatory of Music. Limited non-academic use.

Specific Policies which apply to this Facility
See Section 1 West Campus Academic Facilities.

Priority of Usage (if any)
CCM academic classes and academic related activities receive first priority.

Contac: Phone Number: Office and Mail Location

How to schedule:
Associate Dean 556-6638 Corbett Hall, M.L. 0003

All other uses must be scheduled through Campus Scheduling Office.

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Name of Facility

Clermont College

Statement of Purpose (intended use)
Clermont College, a branch of the University of Cincinnati, is a community oriented stateassisted institution of higher education. As such, it encourages use of its facilities by College, community and other organizations for lawful purposes during those times when such use will not interfere with the regularly scheduled educational programs and other bona fide College activities.

Specific Policies which apply to this Facility
Check with the contact person listed below.

Priority of Usage (if any)
Academic classes Academic related activities Activities sponsored or co-sponsored by the University or a University group Activities sponsored by a non-University group

Contact: Phone Number:
Office and Mail Location

How to schedule:
Executive Staff Assistant 732-5286
106-B Clermont College, M.L. 0162

All other uses must be scheduled through Campus Scheduling Office.

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Name of Facility

DAAP

Statement of Purpose (intended use)
Academic usage by the College of Design, Art, Architecture and Planning.

Specific Policies which apply to this Facility
See Section 1 West Campus Academic Facilities.

Priority of Usage (if any)
Academic classes Academic related activities Activities sponsored or co-sponsored by the University of a University group Activities sponsored by a non-University group

Contact: Phone Number: Office and Mail Location

How to schedule:
Building Coordinator 556-1209 5415 Aronoff, M.L. 0016

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Name of Facility

Exterior/Open Space

Statement of Purpose (intended use)
Passive recreational use by students, faculty, and staff of the University.

Specific Policies which apply to this Facility
Must be a University event sponsored by a department, administrative office, committee, recognized student organization or other official unit of the University of Cincinnati. Student organizations must have departmental approval or approval of a faculty advisor and University budget account number if charges are involved with the event.

Priority of Usage (if any)
University sponsored events will have priority over all non-University events. Events with registration or admission fees will be charged rental fees for the use of open space.

Contact:
Phone Number: Office and Mail Location

How to schedule:
Administrative Support Specialist Office of Campus Scheduling
556-2442
260 Tangeman University Center, M.L. 0220

Name of Facility

The Cincinnati Faculty Club

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Statement of Purpose (intended use)
The Cincinnati Faculty Club is available for use by members and their guests or for University groups, departments or organizations. Food service is available.
Specific Policies which apply to this Facility
Specific policies which apply are published in a special Cincinnati Faculty Club brochure available from the contact person listed below.

Priority of Usage (if any)
Use by members Use by University groups, departments or organizations

Contact: Phone Number: Office and Mail Location

How to schedule:
Director of Catering 556-4154 Richard Lindner Center, M.L. 0106

Name of Facility

Faculty Conference Center – East Campus

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Statement of Purpose (intended use)
To support the educational goals of the Medical Center by providing dining and meeting facilities.
Specific Policies which apply to this Facility
Reservations must be made by member departments or individual members.

Priority of Usage (if any)
For the use of Medical Center, Hospital Administration and Medical Center Faculty Departmental meetings (most people attending should be eligible for FCC membership or be non-Medical Center guests).

Contact: Phone Number: Office and Mail Location

How to schedule:
558-8609 MSB 101, M.L. 0716

Name of Facility

Fieldhouse and Laurence Hall

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Statement of Purpose (intended use)
To be used for classes, intramural use, recreation, varsity teams, ROTC, AROTC, cheerleaders and any University groups. A multi-purpose facility.
Specific Policies which apply to this Facility
All are to be University groups.

Priority of Usage (if any)
Classes Varsity Teams Recreation and Intramurals Summer Camps University Groups
Contact Person:
Phone Number:
Office and Mail Location

How to schedule:
556-5601 316 Laurence Hall, M.L. 0021

Name of Facility

College of Medicine – Kresge Auditorium

Statement of Purpose (intended use)
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Academic classes and exams.
Specific Policies which apply to this Facility
Non-University events may be scheduled during the day. Lobby area will not be scheduled if an activity is going on inside the Auditorium. No dressing or storage facilities. No food or beverages.

Priority of Usage (if any)
Academic classes Exams College of Medicine Medical Center University Events Non-University events
Contact: Phone Number: Office and Mail Location

How to schedule:
Library Associate II. 558-4186 Room E-001, MSB, M.L. 0574

Name of Facility

Langsam Library

Statement of Purpose (intended use)

The Langsam Library serves as the main the library of University of Cincinnati Libraries and provides the information resources and services in education, business, and the humanities and social sciences necessary for research and instruction. In addition to study carrels and tables, group study rooms, and faculty study rooms are provided.

The UCit@Langsam 24x7 study and computing lab resides on the 500 level of Langsam Library. UCit@Langsam is a joint project of University of Cincinnati Libraries and the University of
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Cincinnati Information Technology (UCit) that combines the expertise and experience of both staffs to coordinate and increase access to information and technology.
Also located within Langsam Library, and a partner in many library collaborations, is The Center for the Enhancement of Teaching & Learning (CET&L). CET&L serves the University’s teaching faculty and graduate teaching assistants. The goal of the Center is to create development opportunities that enhance teaching and improve student learning.
Specific Policies which apply to this Facility
All rooms within Langsam Library are scheduled by the library; there are no centrally scheduled rooms.
Group study rooms (503-504 and 602-607) are available on a first-come first-serve basis to students and staff. These rooms can accommodate between 6-12 people. Reserve group study rooms (541-544) are also available in the UCit@Langsam study and computing lab. To reserve a groups study room within the 24x7 space please contact UCit@Langsam at 556-0168.
Media viewing room 502 is available to small groups of students and small classes to view projected medium. The room is equipped with a 27’ TV, DVD/VHS player, and data projector. This room can accommodate up to 12 people. To reserve this room for video viewing please contact the Circulation Services Department at 556-1424.
Conference rooms 671 and 571 are primarily used for University Libraries’ faculty and staff. These rooms can accommodate up to 35 people. Other academic departments may inquire about using the room for one time meetings by contacting the Office of the Dean and University Librarian at 556-1515.
Instruction room 480C is intended for use by University Libraries and CET&L. The room is primarily to be used for instruction, but may also be used for other activities sponsored by UL or CET&L. To inquire about room use call CET&L at 556-3053.
Priority of Usage (if any)
All rooms within Langsam Library are scheduled by the library, or our partners UCit and CET&L (see info above); there are no centrally scheduled rooms.
Smoking is not permitted.
Beverages in closed containers (bottled water, travel mugs, sodas, coffee cups with lids, thermoses, etc.) are permitted in Langsam Library. Those who consume beverages in the libraries are asked to contact the person at the nearest service desk for assistance if they accidentally spill a beverage. Drinks are not permitted in the following areas:
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The Student Technology Resource Center Classrooms
Consumption of food is prohibited in library facilities. University of Cincinnati Libraries provides Langsam Library space both on the outside patio and in the 5th floor lobby, for patrons to consume food. Anyone who violates these policies will be asked to dispose of their food and drink, or leave the building.
How to schedule:
Group Study 503-504 and 602-607are available on a first-come first-serve
Reserve group study rooms 541-544 – UCit@Langsam, 556-0168
Media Viewing room 502 – Circulation Services Department, 556-1424
Conference rooms 671 and 571 – limited availability, call Office of the Dean and University Librarian, 556-1515
Instruction room 480C – limited availability, instruction purposes only, one-time classes considered. Call CET&L at 556-3053 to inquire.

Name of Facility

College of Law

Statement of Purpose (intended use)
Academic use by the College of Law. Limited non-academic use.
Specific Policies which apply to this Facility
See Section I. West Campus Academic Facilities.

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Priority of Usage (if any)
College of Law academic classes and academic related activities get first priority.

Contact: Phone Number: Office and Mail Location:

How to schedule:
Assistant Director Academics 556-0063 Room 200 College of Law, M.L. 0040

Non-Academic use scheduled by Office of Campus Scheduling

Name of Facility

Medical Science Building (MSB) – Including Levine Park

Statement of Purpose (intended use)
College of Medicine academic usage.

Specific Policies which apply to this Facility
Only Kresge Auditorium and Classroom E-351 can be used for non-University events and only after 6:00 p.m. Monday-Friday and weekends.

Priority of Usage (if any)
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College of Medicine academic classes and exams.

Contact: Phone Number: Office and Mail Location

How to schedule:
Library Associate II. 558-4186 Room E-001, MSB

Name of Facility

Russell C. Myers Alumni Center

Statement of Purpose (intended use)
Primary use by alumni groups and organizations and units affiliated with the University.

Specific Policies which apply to this Facility
User fees are charged and food service is available from approved caterers.

Priority of Usage (if any)
The Russell C. Myers Alumni Center is available for use by constituent alumni groups and alumni organizations, University departments and the general public.

Contact:

How to schedule:
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Phone Number: Office and Mail Location

556-4344 Myers Alumni Center, M.L. 0024

Name of Facility

Nippert Stadium – Baseball Stadium – Fields 1, 2, 3

Statement of Purpose (intended use)
For use by classes taught by the University of Cincinnati, varsity teams, intramural

Specific Policies which apply to this Facility
To be used primarily by the above mentioned groups. Rental of any of the above mentioned facilities will be considered based on availability.

Priority of Usage (if any)

Classes Varsity Teams Recreation and Intramurals Summer Camps University Groups Outside Groups

How to schedule:

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Contact Person: Phone Number: Office and Mail Location

James Kelly 556-5601 316 Laurence Hall, M.L. 0021

Name of Facility

Non-Academic Space

Statement of Purpose (intended use)
To provide rooms which have the necessary amenities for holding meetings, receptions, and conferences for the campus community.

Specific Policies which apply to this Facility
Non-University related events may request the use of interior spaces, however, the organization must fall within the University guidelines and must not conflict with the sex, race, or other discrimination policies and must be prepared pay applicable rental, security and housekeeping charges.
Priority of Usage (if any)
Priority will be given to functions which involve and are sponsored by a department, administrative office, committee, recognized student organization or official unit of the University.

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Contact:
Phone Number: Office and Mail Location

How to schedule:
Administrative Support Specialist Office of Campus Scheduling
556-2442
260 Tangeman University Center, M.L. 0220

Name of Facility

College of Nursing & Health

Statement of Purpose (intended use)
Academic usage by the College of Nursing and Health.

Specific Policies which apply to this Facility
Rooms may be reserved for conferences, meetings or other special purposes by College of Nursing and Health faculty on a one-time only basis.

Priority of Usage (if any)
College of Nursing and Health Other organizations
How to schedule:
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Contact: Phone Number: Office and Mail Location

558-5635 Room 413 Procter Hall, M.L. 0038

Name of Facility

Observatory – Hyde Park

Statement of Purpose (intended use)
Educational
Specific Policies which apply to this Facility
Contact Physics Department for all details.

Priority of Usage (if any)
Contact Physics Department for all details.

Contact Person: Phone Number:

How to schedule:
Donna Deutenberg 556-0501

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Office and Mail Location

400 Geology-Physics, M.L. 0011

Name of Facility

OCAS – Victory Parkway Campus

Statement of Purpose (intended use)
Academic use by the College of Applied Science.
Specific Policies which apply to this Facility
See General Policies pertaining to the Use of University Facilities.

Priority of Usage (if any)
Academic classes Academic related activities Activities sponsored or co-sponsored by the University or a University group Activities sponsored by a non-University group

How to schedule:

Contact Person:

Associate Dean’s Office

Phone Number:

556-6580

Office and Mail Location

Room A-208 CAS, M.L. 0103

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Name of Facility

Old OCAS – Central Parkway and Walnut Street

Statement of Purpose (intended use)
Lower level machine shop – art exhibits Room 12 – receptions and meetings.
Specific Policies which apply to this Facility
All University Policies which apply to special use space.

Priority of Usage (if any)
UC faculty, students, administration UC sponsored programs Non-University users/public

Contact Person: Phone Number: Office and Mail Location

How to schedule:
Office of Campus Scheduling 556-2442 265 Tangeman University Center, M.L. 0015
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Name of Facility

Old Shriners Rooms #26 (Auditorium) & 25

Statement of Purpose (intended use)
Academic: Classes and exams.
Specific Policies which apply to this Facility
Non-University events may be scheduled daily. No dressing or storage facilities.

Priority of Usage (if any)
Classes – C.O.M. Exams – C.O.M. Medical Center Classes/Exams University Events Non-University Events

Contact Person: Phone Number: Office and Mail Location

How to schedule:
Linda Young 558-5447 Room #-401 MSB, M.L. #0574

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Name of Facility

Parking Lots and Garages

Statement of Purpose (intended use)
Although the primary purpose of the parking lots and garages on the University of Cincinnati campus is for the parking of vehicles during class times and University sponsored events, these facilities, under the supervision of Parking Services, may be reserved for co-curricular activities.
Specific Policies which apply to this Facility
An Application to Schedule Facilities must be completed and returned to the Office of Campus Scheduling. Interested parties much keep in mind that the application will need to be authorized through Parking Services and will require additional time and planning. Parking Services will make every attempt to accommodate the request for such facilities. Determination of these facilities will be made on a case-by-case basis and will be considered according to the availability of the parking lot/garage by other events scheduled on campus.

Priority of Usage (if any)
For specific information on scheduling parking lots and garages on the University of Cincinnati campus, please contact the Parking Services Office at 556-2283.

Contact Person: Phone Number:

How to schedule:
Office of Campus Scheduling* Julie – Parking Services Office**
556-2442* 556-2283**
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Office and Mail Location

265 Tangeman University Center, M.L. 0015* Four Edwards, M.L. 0160**

Name of Facility

College of Pharmacy

Statement of Purpose (intended use)
Academic use for courses and seminars.
Specific Policies which apply to this Facility
See Section I Academic Facilities Policies.

Priority of Usage (if any)
College of Pharmacy required courses, elective courses, seminars, and other programs will be scheduled in preference to all other room reservation requests.

Contact Person: Phone Number: Office and Mail Location

How to schedule:
Receptionist 556-0501 136 Health Professions Building, M.L. 0004

Name of Facility

Raymond Walters College – Muntz Hall, Flory Center

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Statement of Purpose (intended use)
Academic use by Raymond Walters College. Limited non-academic use.

Specific Policies which apply to this Facility
Check with appropriate contact person listed below.

Priority of Usage (if any)
Academic classes Academic related activities Activities sponsored or co-sponsored by the University or a University group Activities sponsored by a non-University group

How to schedule:

Contact Person:

(Academic/Non-Academic): Debbie Miller

Phone Number:

745-5685

Office and Mail Location

Room 107 Raymond Walters College, M.L. 0086

Contact Person

(Flory Center):

Secretary to Associate Dean

Phone Number

745-5682

Office and Mail Location

Room 8, Flory Center, M.L. 0086

Name of Facility

Shoemaker Center

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Statement of Purpose (intended use)
Multi-purpose facility designed to promote varsity athletics, intramural and recreational activities, student and faculty sponsored events, concerts and other outside special events.
Specific Policies which apply to this Facility
Rent and expenses will be charged for all events held in the arena. Rental fee may vary with the type of event.

Priority of Usage (if any)
Varsity athletic contests Academic classes Team practice sessions Intramurals and recreation University sponsored events Outside special events
Contact Person: Phone Number: Office and Mail Location

How to schedule:
Scott Wilholt 556-2170 329 Shoemaker Center, M.L. 0021

Name of Facility

Swimming Pool Laurence Hall

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Statement of Purpose (intended use)
To be used primarily by the above mentioned groups before any outside groups can be considered.
Specific Policies which apply to this Facility
All University Policies which apply to special use space.

Priority of Usage (if any)
Classes Varsity Sports Intramurals Recreation camps during the summer University groups Outside groups

Contact Person: Phone Number: Office and Mail Location

How to schedule:
James Kelly 556-5601 316 Laurence Hall, M.L. 0021

Name of Facility

UCATS Club

Statement of Purpose (intended use)
To provide special dining, meeting and entertainment facility for activities associated with Shoemaker Center events. The facility may be used on evenings when no event is being held in Shoemaker Center.
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Specific Policies which apply to this Facility
Rental fee and expenses to be determined by the Director of the UCATS organization. Catering must be used through the UCATS caterer at the time of the rental of the facility.

Priority of Usage (if any)
UCATS Board of Trustees Varsity contests Outside special events UCATS members University community Outside groups
Contact Person:
Phone Number:
Office and Mail Location

How to schedule:
Scott Wilholt 556-2170 320 Laurence Hall, M.L. 0021

*Definitions *Individual Policies

APPENDICES:

Appendix A – DEFINITIONS Academic facilities are classrooms, auditoria, studios and laboratories, which have the capacity and amenities for holding academic courses.
Athletic facilities are the playing and practice fields, track, locker rooms, swimming pool, gymnasiums, tennis courts, racquetball courts, weight rooms, organized recreational areas and other areas located in Laurence Hall, Armory Fieldhouse, Nippert Stadium, or Shoemaker Center.
College/Departmentally controlled rooms are laboratories and specifically equipped classrooms in which only courses of a specified college/department are scheduled. Office of the Registrar, Division of Registration and Scheduling will not schedule other courses in these rooms

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except on an emergency basis and only after checking with the college or department prior to scheduling the room. All rooms on the East Campus fall into this category.
A co-sponsor is the University department or faculty/student organization which attests to the credibility of the non-University sponsor and assumes joint responsibility for payment of outstanding debts incurred and not settled by the non-University sponsor. All co-sponsored events must be approved by the appropriate department head, dean, or vice-president.
Exterior open space is outdoor space surrounding or surrounded by University buildings and provided for passive, unorganized recreational use by students, faculty, and staff of the University. Such spaces can be open lawns, greens, yards or plazas that are landscaped with either planted materials and/or hard surfaces. Specific exterior open spaces covered by this policy are as follows:
Blegen Lawn (west of Blegen Library) McMicken Commons (east of McMicken Hall) Jefferson Quad (south of Sander Dining) Library Square (north of Rhodes Hall) McMicken Lawn (west of McMicken Hall) University Court or Fieldhouse Commings (north of Armory Fieldhouse, including grand stairs) Martin Luther King Green (from Clifton and Martin Luther King intersection to Langsam) Campus Green (formerly Parking Lot #1) The Braid (running from Campus Green to McMicken Commons) Teacher’s College/Dyer Quad (surrounded by Teacher’s College/Dyer Hall) Nautilus Plaza CCM Plaza
General purpose classrooms on the West Campus are the non-laboratory, general use classrooms for which the Office of the Registrar, Division of Registration and Scheduling has scheduling authority from 8:00 a.m. to 6:30 .m. Monday through Friday. After 6:30 p.m. and on weekends, the _ has scheduling authority. On the East Campus and branch campuses, generalpurpose rooms are under the control of the college or department.
Non-academic facilities are rooms or open public areas which have the capacity as well as necessary amenities for holding meetings, receptions, etc. These spaces generally consist of meeting/seminar rooms, lounges, student gathering spaces, etc.
A non-University group is any group not affiliated with the University of Cincinnati.
Preferentially scheduled rooms exist on the West Campus. In these rooms, colleges and departments have first option to schedule courses. In order to guarantee preferential scheduling in these rooms, colleges/departments must have submitted their requests for these specific rooms on a class order form that must be submitted at the time class orders are due on the West Campus. Later requests for space in a preferential room may not be honored.
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Case: 1:12-cv-00155-TSB Doc #: 1-1 Filed: 02/22/12 Page: 46 of 63 PAGEID #: 74 A sponsor is the group/organization (University or non-University) which assumes the responsibility for a project or activity using University facilities. An individual may only sponsor a private event, which is not open to the public. A University group is an official unit of the University, such as a college, administrative office, department, committee, alumni organization, recognized organization of faculty or staff, or a recognized and registered student organization or such groups in the process of organizing. A University sponsored event is any event or function sponsored by a University group.
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Appendix B – INDIVIDUAL POLICIES
ALCOHOL POLICY Introduction It is the goal of the University of Cincinnati to maintain an on-campus environment that shall be conducive to the intellectual, emotional and social growth of all members of its community. The University of Cincinnati has established the following policy governing the possession, sale and consumption of alcohol on its campuses. It is the University’s intention through these policies to be clear about University consequences attributed to irresponsible or illegal usage of alcohol on campus.
Policy The University shall implement and enforce the laws of the State of Ohio as stated in the Ohio Revised Code. It is the responsibility of each student, staff and faculty member to be familiar with the requirements of the Ohio Revised Code and the provisions of this policy and to conduct themselves accordingly.
As permitted by law, individual students, faculty and/or staff may purchase, possess and/or consume beer or intoxicating liquor on campus at certain campus events, in designated campus facilities and in campus facilities having permits issued by the Ohio Department of Liquor Control.
RESTRICTIONS IN THE OHIO REVISED CODE INCLUDE THE FOLLOWING: (1) It is unlawful for a person under 21 years of age to purchase, consume, possess, or transport any beer or intoxicating liquor. (2) It is unlawful to knowingly and falsely misrepresent one’s age to obtain alcoholic beverages and/or to misrepresent that another is of legal age for such purpose. (3) It is unlawful to have in one’s possession in a public place without a permit an open container of beer or intoxicating liquor. (4) It is unlawful to possess an open container and/ or consume any beer or intoxicating liquor in a motor vehicle. (5) It is unlawful to serve, distribute beer and /or intoxicating liquor to a minor.
These laws are contained in Chapter 4301 of the Ohio Revised Code. The complete text of the state liquor laws and administrative regulations may be obtained from the Department of Public Safety, Campus Library or the Ohio Department of Liquor Control.
Student Organizations will be permitted to schedule and/or sponsor on-campus events at which alcohol would be available only at those locations having permits issued by the Ohio Department of Liquor Control.
Student Organizations that sponsor off-campus events are expected to adhere to state law. Organizations found to have violated state law may be subjected to the loss of registered status.
Administrative and academic units (colleges, departments) are permitted to schedule and/or sponsor events at which beer or intoxicating liquor would be available only in designated areas
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within those units and only with the approval of the unit head. These events may not be all campus events and must adhere to regulations established for on-campus events.
Policy for Campus Events The following regulations must be followed at on-campus events at which beer or intoxicating liquor are served and/or sold.
(1) The events must be properly authorized by the administrative unit responsible for the facility(s) to be used.
(2) Consumption and/or sales shall be permitted only within the approved area for the event. These areas must physically segregate the event from public access.
(3) Non-alcoholic beverages shall be available at the same place as alcoholic beverages and featured as prominently as the alcoholic beverages.
(4) The sponsors of the event shall implement precautionary measures to ensure that alcoholic beverages are not accessible or served to persons under the legal drinking age or to persons who are intoxicated.
(5) The sponsors of the event must require proof of legal age for those individuals in question as to legal age.
(6) Marketing, advertising and promotion of events with alcoholic beverages being served should not emphasize the serving of alcohol and/or have any drinking games associated with the event.
Management of licensed facilities on-campus reserves the right to limit consumption and/or sales at events in designated facilities.
Outdoor locations which may be considered are Blegen Lawn, CCM Plaza, Lindner Plaza, Nautilus Plaza (includes Zimmer Lobby for rain backup), and University Commons-Kingsgate. Campus Green, Sigma-Sigma Commons.
Organizations must acquire an F-2 permit to sell alcoholic beverages. The application must be signed by the Director of Public Safety and the Office of General Counsel.
Policy Violations and Sanctions Individuals and organizations found in violation of University Regulations will be subject to disciplinary action and may be subject to action outlined in the Ohio Revised Code.
AMPLIFICATION POLICY Amplification is permitted only by University organizations at the following times and places:
Center sections (2) of McMicken Commons, 12:30 p.m. to 2:00p.m., Tuesday and Thursday, during the Autumn, Winter, and Spring Quarters, but not during exam weeks, between quarters, or during the Summer Quarter.
Sigma Sigma Commons, Campus Green, and Athletic Practice Field 11:00a.m.- 4p.m. Monday and Tuesday 11:00a.m.- 11p.m. Friday and Saturday 12 noon- 6pm Sunday
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Groups must contact Work Control for electrical service needs for these areas (556-6404).
Each group may schedule in advance only two amplification dates per quarter. Groups may obtain an additional amplification date if there is an opening forty-eight hours before the desired date. The maximum sound level is to be 90 decibels. The sponsoring organization and/or the University Police are responsible for maintaining allowable sound levels.
Demonstrations, Picketing, and Rallies Groups planning a demonstration, picket or rally should contact the Campus Scheduling Office or the appropriate scheduling office to familiarize themselves with * University policies governing the activity. Demonstrations * picketing or rallies must be scheduled in the appropriate scheduling office. Anyone requesting to demonstrate, picket, or rally must give prior notice of five working days to the University Police. Such activities are not permitted inside any campus building. Bonfires require additional clearance from the scheduling office, the Department of Facilities Management, the Department of Public Safety, and the Cincinnati Fire Department.
Disruptive Conduct If classes or administrative functions of the University are being disrupted, the persons creating or inducing the disturbance, once notified by University Police, or the appropriate scheduling office, must bring their activities to a non-disruptive level. If the disruption continues, the University Police may require the crowd to disperse and/or speaker to terminate the program activity.
USE OF FACILITIES BANNER POLICY

Prior to ordering or making a banner, a Requesting Organization must contact the appropriate department listed below and follow all banner specifications, instructions and approval processes.

Facilities:

Contact:

Banner Approval Processes Required Specifications, Instructions:

Athletic Facilities:

Athletic Facilities Contact:

Contact:

· Armory Fieldhouse · Fifth Third
Arena/Shoemaker Center · Gettler Stadium · Marge Schott Baseball Field · Nippert Stadium

University of Cincinnati Dan Krone Director of Facilities & Operations Athletics Department
Telephone: (513) 556-3541

University of Cincinnati Dan Krone Director of Facilities & Operations Athletics Department
Telephone: (513) 556-3541
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Campus Facilities (excluding Athletic Facilities) located on:
· Uptown (West) Campus Facilities
· Academic Health Center (East Campus) Facilities

Campus Facilities Contact:
University of Cincinnati Campus Scheduling Office
Delivery Address: Room 265Tangeman University Center
Need Mailing Address :
Telephone: (513) 556-2442 Fax: (513)

Refer to the following information listed in this policy.

A. BANNER APPROVAL PROCESS for all campus facilities on Uptown (West) Campus and Academic Health Center (East Campus) (excluding Athletic Facilities).
The Requesting Organization will be required to provide the Campus Scheduling Office (CSO) with the following information: 1) What is the requested schedule for installation of the banner(s)? Reservations are
conditional upon space availability and suitable weather. 2) Does the banner follow the required banner specifications? (Banners MUST follow
Specification listed below) 3) What does the banner advertise/promote? Banners should only advertise/promote
university events or sales. 4) When is the event or sale? Banner may not be hung more than ten (10) days prior to the
scheduled event. 5) What is the duration of the display? Banners will only be on display for two consecutive
weeks per academic term. 6) What will be displayed on the banner? Banner print should list only the name of the
event or sale, date, time, place and sponsor. Banner(s) carrying the name of an individual aspiring to an elected position, not directly connected with the university, will not be approved. 7) What is the UC Department or Organization affiliation? There may be a fee assessed based upon funding source and/or the event’s sponsor. 8) Where does the Requesting Organization want to display the banner? A limited number of approved banner locations have been designated by the University Architect's Office for display use. 9) Will the banner require installation by someone other than a UC carpenter? If someone other than a UC carpenter is proposed to install a banner, CSO will notify UC’s Facilities Management (FM) in order for the FM Carpenter Shop to oversee the installation process and to assure UC's interests and safety concerns. Outside vendors may damage buildings and heavy trucks may damage sprinkler heads and/or landscape features. The FM
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Carpenter Shop has developed preferred methods of anchoring which leaves minimum traces of banner displays on buildings. 10) CSO will require the Requesting Organization to mail, fax or deliver a written layout of the proposed banner to Paul Joyce (Paul.Joyce@uc.edu) to verify that the banner will be produced to specifications. Banner material must be suitable for exterior display considering all factors of installation, exposure to weather conditions and durability for duration of display. 11) The Requesting Organization will receive written confirmation from CSO that the banner is approved for display once all required information is reviewed and approved by CSO.
NOTE: a) Any deviation from the above Banner Approval Process must be approved in advance
in writing by CSO.
b) The Requesting Organization is advised to delay production of the banner until they have received written confirmation from CSO that the banner will be displayed.
c) Reservations will be cancelled if the banner is not delivered to the CSO two (2) business days prior to display date.
B. REQUIRED BANNER SPECIFICATIONS: 1. Banner may only advertise/promote university events or sales. 2. Banner may be scheduled for display for no more than two consecutive weeks per academic term at a display location. 3. Banner print may only list the name of the event or sale, date, time, place and sponsor. 4. Banners may only be painted with waterproof paints and must be dry prior to delivery to the Campus Scheduling Office. 5. Banners which have been painted more than twice will not be hung. 6. Banner material must be suitable for exterior display and must consider all factors of installation, exposure to weather conditions and durability for duration of display. 7. Banner edges must be reinforced (double-sewn edges) for exterior displays. 8. Where applicable, banners must have 6-inch semi-circles cut every 3 feet to reduce wind resistance. 9. Maximum banner size must not exceed 4 ft. x 12 ft. Size permits vertical or horizontal displays, and in some locations two banners can be displayed side by side. 10. All banners must have grommets spaced 24 inches on center along all perimeter edges of banner to assure proper anchor points. . 11. Maximum display height from the lawn or plaza to the top line of a banner cannot exceed 20 ft. (lift or extension ladder would be required for installation). 12. The Department or Organization’s name must be clearly visible on the banner.
NOTE: Any deviation from the above Banner Specifications must be approved in advance in writing by CSO.
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C. INSTRUCT IONS FOR BANNER DELIVERY AND PICKUP:
1. Banner Quality - Rolling banners on a cardboard tube will minimize permanent wrinkles or folds affecting the quality of the display.
2. Banner Delivery - Approved banners must be delivered to CSO two (2) business days prior to scheduled display date.
3. Banners must be picked up two (2) days after scheduled display date from CSO unless special arrangements have been made. Banners will be disposed of if not picked up on the designated date.
NOTE: Any deviation from the above Banner Instructions must be approved in advance in writing by CSO.
The University of Cincinnat i assumes no responsibility for the condition of a banner after its use. Banners will be held two (2) business days after the event, after which they will be discarded, unless special arrangements have been made in advance.
BICYCLES, SKATEBOARDS and IN-LINE SKATES
Bicycles, Skateboards and In-Line Skates are permitted only as a means of transportation on UC campuses. No “trick riding” is permitted. The use of such devices in areas other than roadways and sidewalks, including inside buildings, is strictly prohibited. University campuses are primarily pedestrian environments and pedestrians have the right of way. All regulations and laws applicable to the use of such devices on city streets and state highways also apply on campus. Violators will be cited to municipal court for traffic violations, referred to the University Judicial Officer for violation of the Student Code of Conduct, and/or asked to leave University property. Continued activities prohibited by this policy may result in a charge of Criminal Trespassing.
CHALKING
Chalking by a registered university group is permitted on the McMicken Commons’ concrete sidewalks ONLY for no more than 5 consecutive days. Only water soluble chalk can be used. To obtain approval an official representative from a registered student organization must reserve the space through the Campus Scheduling Office (556-2442) located in Suite 205 Tangeman University Center. Chalking anywhere else on campus or without a reservation is prohibited and will incur fees for clean-up. Offensive chalking is prohibited and will incur fees for cleanup.
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UNIVERSITY of CINCINNATI STUDENT DANCE POLICY
All student organizations registered with the Office of Student Activities and Leadership Development are eligible to use approved University of Cincinnati facilities for scheduled dances. All dances in University facilities shall be conducted using the following rules. Each student group must adhere to them to insure continued use of these facilities:
METAL DETECTORS AND VIDEOCAMERAS WILL BE USED AT SCHEDULED DANCES.
A. SCHEDULING REQUIREMENTS
1. Each registered student organization (RSO) must submit an ‘Application to Schedule Facilities’ to the University Campus Scheduling Office. All dances must be scheduled ten (10) working days prior to the event. Officer (s) of the RSO sponsoring the dance must meet with staff from the University Campus Scheduling Office at least five (5) working days prior to the dance to review policies and procedures. This meeting must take place during university business hours between 8:00 a.m. and 5:00 p.m., Monday though Friday. Failure to meet this requirement will result in cancellation of the event.
2. Dances in approved University facilities sponsored by RSO’s must have an approved beginning and end time.
3. RSO’s are permitted to schedule one dance per week, a maximum of 2 dances per quarter unless otherwise approved by the Student Activities and Leadership Development Office in consultation with the University Campus Scheduling Office.
4. If admission is charged, the admission cost must remain the same for the entire event.
B. CONTACT PERSON
1. The RSO sponsoring the dance must designate a contact person for its group. The contact person is responsible for overseeing the operation of the RSO’s dance, from the predance meeting until the conclusion of the debriefing at the end of it. This includes assisting with crowd control. Any problems that arise should be reported to the Department of Public Safety officers on duty as soon as possible.
2. Each RSO is responsible for any damage to the facility occurring during its scheduled time and will be billed accordingly.
3. An advisor who is a full-time faculty or staff member, or a designated graduate member of the alumni chapter of the sponsoring organization must be present for the entire event.
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a. NPHC dances must be represented by a member of the staff of the Office of Student Activities and Leadership Development serving in an advisory capacity.
C. CANCELLATIONS
1. Cancellations must be made in writing to University Campus Scheduling Office at least 48 hours prior to the scheduled date of the dance. For example, dances that are scheduled on Friday evenings must be cancelled by noon on the preceding Wednesday and Saturday evening dances must be cancelled by noon on the preceding Thursday. If the RSO fails to notify the University Campus Scheduling Office of a dance cancellation, in writing, the student organization will lose its privilege for holding dances for a ten week period. Additionally they will be assessed the cost for two hours of security fees, $100 for failure to cancel through Campus Scheduling and other associated costs. Charges will be placed on the organization‘s account, which may result in organizational officers being held accountable for the delinquent charges associated with the dance.
2. The Office of Campus Scheduling management will consider acts of God and/or inclement weather in the enforcement of the cancellation provisions.
D. SECURITY
1. Any activity that can be interpreted as a dance will require Public Safety officers to be in attendance. It is the responsibility of the RSO to coordinate security arrangements with the Campus Scheduling Office.
2. Public Safety officers are present for security purposes only.
3. The RSO will be responsible for checking ID’s and Public Safety officers will be responsible for operating metal detectors and video cameras at all student dances.
4. Members of the RSO are expected to assist in crowd management throughout the event.
5. Public Safety officers may refuse admission to, or dismiss from, an event, anyone who is disruptive, intoxicated, disorderly, or jeopardizes public safety. Signs will be posted at the dance entrance stating this policy.
6. Public Safety officers will determine whether an event should be terminated for cause. It will be the responsibility of the student ambassadors, attending advisor, or student organization leadership to announce the decision.
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7. The RSO sponsoring the dance is responsible for selecting student ambassadors. These individuals will be responsible for helping monitor the event for policy violations and will immediately report such observations of disorderly or suspicious conduct to the advisor and/or Public Safety officers in attendance. Student ambassadors and advisors are not intended to replace or act in the capacity of Public Safety officers. At least one ambassador must be present at the entrance to the dance at all times. Ambassadors must be identifiable in some manner (name tag, t-shirt, hat, armband etc.). At the conclusion of the event, student ambassadors must assist Public Safety Officers, Faculty/Staff Advisors and/or the University Management representatives in assuring the smooth exit of all patrons from the facility.
8. The student ambassadors, faculty/staff advisor, and University Management representative are required to meet with Public Safety officers 15 minutes prior to the start of the dance to review safety and security procedures. They will also meet at the conclusion of the dance to debrief and to determine if any damage occurred during the event.
9. Articles which may cause injury are prohibited at dance.
10. In all facilities, the maximum posted capacity for the type of event will be strictly enforced. Members of the sponsoring RSO, D.J. and/or band members are included in this number. It is the responsibility of the Public Safety Officers to assure that the maximum capacity is not violated.
11. The lighting level in the facilities is pre-determined and lights are to remain on at all times.
E. INDIVIDUAL RESPONSIBILITY
1. All individuals (UC students and guests) who attend the dance must show a valid picture college ID at the door. Any individuals without proper identification (college ID) will not be permitted to enter the dance. Listed below are the requirements for admission to the dance: a. UC students must present a valid UC student ID. b. Only UC students may bring guests to the dance. Guests must present a college ID. Guests must be signed in by a UC student and the UC student will be held responsible for the behavior of their guests and will be held accountable for any violations listed under the UC Student Code of Conduct by their guests. c. A UC student may bring up to 2 guests to the dance. Requests for exceptions to this policy must be made in writing to the RSO at least one week (five working days) prior to the scheduled dance. The RSO’s decision is forwarded to the office of Student Activities and Leadership Development for approval.
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d. University Departments may make special arrangements for guests under the age of 18 to attend.
2. A guest sign-in roster must be kept and retained for review by the RSO and Public Safety at the conclusion of the dance.
3. Alcoholic beverages are prohibited.
4. Any behaviors that may escalate to violence, or may cause injury are prohibited. These include, but are not limited to, pushing, shoving, or fighting.
F. LIABILITY
1. The RSO agrees to reimburse UC for all damages to facilities and/or equipment and to indemnify and hold harmless UC, its officers, agents and employees against all claims of loss, injury or damage to persons or property arising out of the RSO event or the preparation for the same. UC shall not be liable for the loss of or damage to any property of the RSO and participants or attendees of the RSO event or activity which has been held on the UC premises.
FAILURE TO FOLLOW ESTABLISHED POLICIES and PROCEDURES
Student groups and organizations may be accountable to both civil authorities and to the University for infractions of these policies and procedures. Officers and members of the RSO and other students accused of not following established policies and procedures are subject to the University’s disciplinary process regardless of the status of any criminal or civil proceedings, or of any other University proceeding, regarding the same conduct. In addition, failure to comply with these dance policies can result in the sponsoring student organization losing it’s privilege to use University facilities for further group related events and/or loss of recognition as an approved student organization.
This document supersedes any previous dance policy.
NOTE: The Dance Policy Committee reserves the right to alter this policy or any portion of this policy as necessary, on a case by case basis.
Revised/Effective 10/01/2007
GRAFFITI POLICY Individuals and groups using the University’s facilities must respect and use the property in the manner in which they are intended to be used. It is against University policy to deface by either permanent or temporary markings, any property owned by the University. Any person who
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defaces University property will be subject to disciplinary action as imposed by the University’s Judicial Affairs Officer and may be subject to criminal charges. In addition, the cost of removing the graffiti will be charged to the individual found to be guilty of defacing University property.
GRILL POLICY Must have person in charge of grill. Must be on grass, not black top. No closer than 50 feet from any structure. Must have fire extinguisher, (minimum 5lb. ABC Dry Chemical of 2 ½ gallon pressurized water extinguisher) placed no more than 5 feet away from the charcoal grill and ready for immediate use. Minimum 5 gallon metal bucket to be filled with water to completely submerse hot coals in after use. Hot coals are to remain completely submersed in the water for a minimum of 30 minutes. The Campus Scheduling Office will send a copy of the application to the Department of Public Safety, M.L. 215.
NAUTILUS PLAZA Groups wishing to conduct activities on Nautilus Plaza must file a written application for approval with the Campus Scheduling Office. Amplification is permitted only by University organizations with the following time limitation: Friday’s 5:00 p.m. – 11:00 p.m. Saturday’s 12:00 Noon – 11:00 p.m. Sunday’s and Holiday’s 12:00 Noon – 6:00 p.m.
A rain location is available in Zimmer Lobby based on availability, usually on weekends and evenings only. Events involving alcohol may be scheduled on Nautilus Plaza (see ALCOHOL POLICY). Each group is responsible for any damage that may occur as a result of their event, and all cleanups associated with their activity. Any electrical needs must be arranged by the sponsoring organization in advance by calling 556-6404 (Work Control). Each group may schedule in advance only two amplification dates per quarter. Groups may obtain an additional amplification date if there is an opening forty-eight hours before the desired date. The maximum sound level is to be 90 decibels. The sponsoring organization and/or Public Safety are responsible for maintaining allowable sound levels. Individuals may distribute printed material (only) to the University community on Nautilus Plaza. Distribution must be done in an orderly manner and must not interrupt traffic on campus or otherwise interfere with the normal use of the area. Material distributed must have the name of the sponsoring person or group clearly indicated on the material. Individuals distributing printed materials are responsible for cleaning up debris in the areas affected. Non-University literature may be distributed to University employees only during the employees’ non-working time and in non-working areas. Advertising promotional literature of events sponsored or co-sponsored by a University group must identify the specific University department or organization. All such material must be approved by the sponsor or co-sponsor prior to publication. Non-University groups may not use
57

Case: 1:12-cv-00155-TSB Doc #: 1-1 Filed: 02/22/12 Page: 58 of 63 PAGEID #: 86

the University name, seal, logo, or other University identification in any advertising or promotional literature, except to note location of event. Groups may order tables and chairs through Campus Scheduling with a minimum of five working days notice. The fee for table and chair rental does vary, so please check with a member of Camps Scheduling for the current rates (556-2442).

POSTING POLICY
Outside Campus Buildings 1. The posting of handbills/flyers is limited to the following areas.
A. The stairwell retaining wall leading from the Stadium Drive to the driveway between the Utility Building and the Service Building.
B. The stairwell leading from the North-East corner of Zimmer Auditorium, near Brodie Plaza. The outside North wall of the Bridge Lobby of Tangeman University Center, near the handicap entrance.
C. The stairwell and courtyard behind Siddall Residence Hall. D. The safety wall on the East end of Rhodes Hall. Posting permitted only on surface facing toward the building. E. The nine(9) support columns under Dabney Residence Hall. 2. There may be no more than five (5) posters/handbills/flyers displayed by any one student group or student in the areas designated above. 3. All previous rules and policies concerning the adhesion of material to concrete and brick surfaces must be respected. 4. The maximum size for materials to be posted in 18”x24”. 5. All posting must take place within the posting designation signs in each posting area. 6. All material posted not meeting standards will be removed. If necessary, charges will be levied for removal costs.

No student or any registered organization affiliated with the University shall post communications or materials on any of the following areas:
A. Glass B. Painted Surfaces C. Utility Poles D. All University Construction Walls and Materials E. Trees F. Paved Surfaces G. Earth Surfaces

•

Nor shall gummed labels or any other pastes or glues be used to post on any surface.

•

Failure to comply with this policy will result in suspension of funding and/or suspension

of privileges or registration, payment of costs incurred in removing said communication

materials, or punitive fines.

Note: All groups are responsible for removing all materials after said event is over. 58

Case: 1:12-cv-00155-TSB Doc #: 1-1 Filed: 02/22/12 Page: 59 of 63 PAGEID #: 87
Fine Schedule Outside Campus Buildings The following is the most current fine policy. It can be changed at any regular meeting of Student Activities Board (SAB) pending approval of Senate. Questions related to the fine schedule may be brought to SAB, P.O. Box 210136, North Pavilion, Cincinnati, OH 452210136. FIRST OFFENSE: A fine of $0 to $15 (or O% to 20% of group’s budget if funded by UFB) per violation.
SECOND OFFENSE: A fine of $15 to $30 (or 0% to 20% of group’s funds if funded by UFB) per violation.
After a total of three offenses your group will be automatically suspended. A hearing will be scheduled if a posting violation occurs. At this time your group will be given the opportunity to present its case.
PUBLICATIONS POLICY Effective September 2002, all newspapers, magazines and other publications must be approved by the Campus Scheduling Office to be placed in University of Cincinnati facilities. Once approved, these items must be placed in the uniform wooden storage cabinets that are located in entry ways, general public areas and lounges of University buildings. All publications that are not approved will be removed from the premises. Newspaper and magazine vendor publication racks are no longer permitted in University of Cincinnati facilities and will be removed at the vendors’ expense.
Newspaper Box Locations (2-3 cubes at each location unless otherwise stated)
Administration at Main entrance Alumni Center East entrance Blegen Library Main entrance near CCM CBA Southwest entrance CCM Café CECE French Hall at East entrance CECE French Hall at Main entrance College of Applied Health Science/French Hall east DAAP Café East entrance Edwards 1 Lobby Edwards 2 Lobby Edwards 3 Safety Lobby Engineering Research Center Health Science Library Kresge Langsam Library 14-7 Laurence Hall inside North door
59

Case: 1:12-cv-00155-TSB Doc #: 1-1 Filed: 02/22/12 Page: 60 of 63 PAGEID #: 88

Law School Southeast entrance -3 McMicken Lobby outside Advising Center 102-7 Nursing North entrance Old Chemistry -6 Pharmacy Main entrance Physics Main entrance -3 Teacher’s College North entrance -6 University Hall Front Door University Hall outside snack bar Zimmer entrance from Library Square -6

SIGMA SIGMA COMMONS and CAMPUS GREEN USAGE POLICY

Groups wishing to conduct activities on Sigma Sigma commons must file a written application

for approval with the Campus Scheduling Office.

Amplification is permitted only by University organizations with the following time limitations:

Friday

5:00pm-11:00pm

Saturday 12:00 noon –11:00pm

Sunday

12:00 noon-6:00pm

Alcohol is not permitted on Sigma Sigma Commons. Groups are responsible for damage occurring as a result of their event and all cleanup associated with their activity. Electrical needs must be arranged by the sponsoring organization in advance with Facilities Management. Each group may schedule in advance only tow amplification dates

per quarter. Groups may schedule and additional amplification date if there is an opening seventy two hours before the desired date. The maximum sound level is 90 decibels. The sponsoring organization and/or Campus Security is responsible for maintaining allowable sound levels. Dependent upon the size and nature of the event, charges may be incurred for Security and Facilities Management personnel. Individuals may distribute printed material (only) to the University community on Sigma Sigma Commons. Distribution must be done in an orderly manner and must not interfere with the normal use of the area. The name of the sponsoring person or group must be clearly indicated on the distributed material. Individuals distributing printed material are responsible for cleaning up debris (dropped flyers, etc.) in the area. Non-University groups may not use the University name, seal, logo or other University identification in any advertising promotional literature, except to note location of the event. Groups may order tables and chairs through the Campus Scheduling Office with a minimum of 5 working days notice. Groups may check the current rental fee structure with the Campus Scheduling Office.

TEMPORARY OUTDOOR SIGN POLICY All temporary outdoor signs shall comply with the following guidelines and the university’s Signage Policy and Standard.
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Case: 1:12-cv-00155-TSB Doc #: 1-1 Filed: 02/22/12 Page: 61 of 63 PAGEID #: 89
Definition: A Temporary Outdoor Sign is any sign not permanently affixed to a building exterior, permanent column, permanent pole, or any other permanent structural element unless that structure was erected by the university for the purpose of posting temporary signage. Temporary Outdoor Signs are installed for the purpose of notifying the campus community of a future one time event or program or to aid in directing visitors to campus to the on-campus location of any one time event or program. Allowable Messages: Temporary Outdoor Signs may be posted for the following purposes. · Candidate signs for student government elections · Notification of authorized student activities and programs · Notification of special events or programs sponsored by university colleges or departments · Signs intended to give directions to campus visitors to special on-campus events or activities.
Allowable Locations: With the exception of temporary directional signs, all temporary signs shall be posted on freestanding or wall mounted posting boards provided by the university for such purposes. These posting boards are located across campus in high traffic areas for high visibility. Temporary directional signs for special campus events and activities shall be located according to a pre-approved plan prepared and submitted by sponsoring college, department or university organization and posted on mobile boards or portable day-event boards as outlined in the university’s Signage Policy and Standard.
Allowable Sizes: Temporary signs for posting on approved signboards and kiosks shall be a maximum size of 20” x 30”. Temporary directional signs shall be a maximum size of 30” x 40”. Allowable Materials: Temporary signs shall be constructed of weather-resistant material. Waterproof paints or inks must be used. Wire frame supports shall not be allowed. Allowable Posting Time: Temporary signs located on signboards and kiosks may be posted one week prior to the event or program advertised in the sign and must be removed within five calendar days following the event. Temporary directional signs shall be put in place the first day of the relative event or program and removed no later than the day following the event or program. Procedure for Temporary Sign Approval: No prior approval for freestanding or wall mounted posting board signs complying with the guidelines noted above will be required. Temporary directional signs using mobile boards or portable day-event boards must be requested at lease two weeks in advance of the specific event along with a site location plan for the requested signs. Requests should be submitted to the Campus Scheduling Office.
TENT AND CANOPY USE ON CAMPUS General: Groups desiring to erect a tent or canopy on campus for an event need to be aware that various fire and building code requirements apply to these structures. In general, permits from the state
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Case: 1:12-cv-00155-TSB Doc #: 1-1 Filed: 02/22/12 Page: 62 of 63 PAGEID #: 90
are NOT required for tents which are 200 square feet (10’ x 20’) or smaller. A tent is a fabric structure with more than two side walls. State permits are NOT required for canopies which are 400 square feet (20’ x 20’). A canopy is a fabric structure with up to two sides. In the case of a canopy with no side walls, it may have a maximum size of 700 square feet (20’ x 35’) without a permit being required. If multiple canopies are used, they must be at least 12 feet apart. In all cases, a clearance of at least 12 feet must be maintained from buildings. Also groups should keep in mind that many grass areas on campus have buried utilities and sprinkler lines. Placement of poles or stakes into the ground must avoid these locations. While UC will endeavor to obtain the necessary permits, it is the ultimate responsibility of the event organizer to have the permits prior to the day of the event. Should the permits not be obtained, the event may not occur.
Request to erect a tent or canopy: Whenever tens and canopies are going to be erected, notice must be given to Public Safety at least ten business days in advance. The Fire Prevention Unit will review the plan and assist the sponsoring group with any required state permits. Whenever possible we will assist you in designing your event to avoid or minimize the required state permits and costs. Send completed tent/canopy request forms to the Fire Prevention Unit at Mail Location 180. If you have questions or need assistance please call us at 556-4934.
Signage and Safety Equipment: Each tent or canopy erected must have a fire extinguisher mounted in a visible location. The extinguisher must be a 5 or 10 pound dry chemical, type ABC. The company renting the tent should be able to provide this extinguisher and a stand to mount it on. Each tent or canopy erected must have one or more no smoking signs posted so that they are visible throughout the structure. The no smoking signs must be at least 8” x 10” in size, with at least 2” lettering.
Cooking Equipment and Open Flame: The use of cooking equipment, grills, and any open flame is not permitted inside a tent or canopy. Please be aware that if you are planning on using this type of equipment outside the tent or canopy, a separate permit and inspection process is involved, although this is also coordinated through the Fire Prevention unit.
Sound and Lighting Equipment: The use of public address systems inside a tent or canopy is permitted as long as they electrical supply is protected by a Ground Fault Interrupter. The use of any lighting equipment requires a permit and inspection from the state Industrial Compliance office (see Permit Fees below). Electrical service must be requested from Facilities Management.
Permit Fees: When the use of tents or canopies requires state permits, the State Fire Marshall and the State Industrial Compliance office both charge user fees. UC is not exempt from these fees, and the group sponsoring the event must pay the fees. The State Fire Marshall’s office charges a fee of
62

Case: 1:12-cv-00155-TSB Doc #: 1-1 Filed: 02/22/12 Page: 63 of 63 PAGEID #: 91
$75.00 per event for inspecting tents, regardless of the number involved. If your event uses one tent or twenty, the fee is always $75.00. The industrial Compliance fee schedule is considerably more complicated. The base fee is $228.25 for EACH tent or canopy. If the tent/canopy is wired for electricity there is an additional fee of $175.00 and if the tent/canopy has a mechanical system to provide ventilation (fans/Heat/air conditioning) there is another fee of $175.00. So if you intend to use a single tent with lights and fans, the Industrial Compliance fee for that tent is $578.25. Inspections: In all cases where a tent or canopy is being used on campus, an inspection is required. Where a permit is required from the State Fire Marshall or from Industrial Compliance, those offices will inspect the installation. Where no state permit is required then the University of Cincinnati’s Fire Prevention unit will inspect the installation. If this inspection can be completed during normal business hours, there is no charge for the inspection. If it must be done after hours, then the sponsoring organization must pay the overtime costs.
63

Case: 1:12-cv-00155-TSB Doc #: 1-2 Filed: 02/22/12 Page: 1 of 1 PAGEID #: 92
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JS 44 (Rev. 12/07) Case: 1:12-cv-00155-TSB CDoIVc #IL: 1C-1O0 VFiEleRd: S02H/2E2E/1T2 Page: 1 of 1 PAGEID #: 110

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

I. (a) PLAINTIFFS

DEFENDANTS

Christopher Morbitzer, et al.

University of Cincinnati, et al.,

(b) County of Residence of First Listed Plaintiff Hamilton
(EXCEPT IN U.S. PLAINTIFF CASES)

County of Residence of First Listed Defendant Hamilton
(IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE LAND INVOLVED.

(c) Attorney’s (Firm Name, Address, and Telephone Number)

Attorneys (If Known)

Curt C. Hartman, 3749 Fox Point Court, Amelia, OH 45102 (513)

752-8800

II. BASIS OF JURISDICTION (Place an “X”in One Box Only)

1 U.S. Government Plaintiff

3 Federal Question (U.S. Government Not a Party)

III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an “X”in One Box for Plaintiff

(For Diversity Cases Only)

and One Box for Defendant)

PTF DEF

PTF DEF

Citizen of This State

1

1 Incorporated or Principal Place

4

4

of Business In This State

2 U.S. Government Defendant

4 Diversity (Indicate Citizenship of Parties in Item III)

Citizen of Another State

2

2 Incorporated and Principal Place

of Business In Another State

5

5

IV. NATURE OF SUIT (Place an “X”in One Box Only)

CONTRACT

TORTS

Citizen or Subject of a

3

Foreign Country

FORFEITURE/PENALTY

3 Foreign Nation BANKRUPTCY

6

6

OTHER STATUTES

110 Insurance
120 Marine 130 Miller Act 140 Negotiable Instrument 150 Recovery of Overpayment
& Enforcement of Judgment 151 Medicare Act 152 Recovery of Defaulted
Student Loans (Excl. Veterans) 153 Recovery of Overpayment of Veteran’s Benefits 160 Stockholders’Suits 190 Other Contract 195 Contract Product Liability 196 Franchise
REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property

PERSONAL INJURY
310 Airplane 315 Airplane Product
Liability 320 Assault, Libel &
Slander 330 Federal Employers’
Liability 340 Marine 345 Marine Product
Liability 350 Motor Vehicle 355 Motor Vehicle
Product Liability 360 Other Personal
Injury
CIVIL RIGHTS
441 Voting
442 Employment
443 Housing/ Accommodations
444 Welfare 445 Amer. w/Disabilities -
Employment 446 Amer. w/Disabilities -
Other 440 Other Civil Rights

PERSONAL INJURY 362 Personal Injury -
Med. Malpractice 365 Personal Injury -
Product Liability 368 Asbestos Personal
Injury Product Liability PERSONAL PROPERTY 370 Other Fraud 371 Truth in Lending 380 Other Personal Property Damage 385 Property Damage Product Liability
PRISONER PETITIONS 510 Motions to Vacate Sentence Habeas Corpus: 530 General 535 Death Penalty 540 Mandamus & Other 550 Civil Rights 555 Prison Condition

610 Agriculture 620 Other Food & Drug 625 Drug Related Seizure
of Property 21 USC 881 630 Liquor Laws 640 R.R. & Truck 650 Airline Regs. 660 Occupational
Safety/Health 690 Other
LABOR 710 Fair Labor Standards
Act 720 Labor/Mgmt. Relations 730 Labor/Mgmt.Reporting
& Disclosure Act 740 Railway Labor Act 790 Other Labor Litigation 791 Empl. Ret. Inc.
Security Act
IMMIGRATION 462 Naturalization Application 463 Habeas Corpus -
Alien Detainee 465 Other Immigration
Actions

422 Appeal 28 USC 158 423 Withdrawal
28 USC 157
PROPERTY RIGHTS 820 Copyrights 830 Patent 840 Trademark
SOCIAL SECURITY 861 HIA (1395ff) 862 Black Lung (923) 863 DIWC/DIWW (405(g)) 864 SSID Title XVI 865 RSI (405(g)) FEDERAL TAX SUITS 870 Taxes (U.S. Plaintiff
or Defendant) 871 IRS— Third Party
26 USC 7609

400 State Reapportionment
410 Antitrust 430 Banks and Banking 450 Commerce 460 Deportation 470 Racketeer Influenced and
Corrupt Organizations 480 Consumer Credit 490 Cable/Sat TV 810 Selective Service 850 Securities/Commodities/
Exchange 875 Customer Challenge
12 USC 3410 890 Other Statutory Actions 891 Agricultural Acts
892 Economic Stabilization Act
893 Environmental Matters
894 Energy Allocation Act
895 Freedom of Information Act
900Appeal of Fee Determination Under Equal Access to Justice
950 Constitutionality of State Statutes

V. ORIGIN 1 Original
Proceeding

(Place an “X”in One Box Only)

2 Removed from
State Court

3 Remanded from
Appellate Court

4 Reinstated or
Reopened

5

Transferred from another district

(specify)

6 Multidistrict
Litigation

Appeal to District

7

Judge from Magistrate

Judgment

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

VI. CAUSE OF ACTION Brief description of cause:

42 USC 1983

First Amendment

VII. REQUESTED IN

CHECK IF THIS IS A CLASS ACTION

DEMAND $

CHECK YES only if demanded in complaint:

COMPLAINT:

UNDER F.R.C.P. 23

JURY DEMAND:

Yes

No

VIII. RELATED CASE(S)

IF ANY

(See instructions): JUDGE

DOCKET NUMBER

DATE
02/22/2012
FOR OFFICE USE ONLY

SIGNATURE OF ATTORNEY OF RECORD
/s/ Curt C. Hartman

RECEIPT #

AMOUNT

APPLYING IFP

JUDGE

MAG. JUDGE

 
 Multiple Documents
Part Description 1 27 pages 2 Exhibit UC Use of Facilities Policy Manual 3 Exhibit Map of West Campus 4 Exhibit Letter from FIRE to UC 5 Exhibit Letter from UC to FIRE 6 Exhibit Picture Free Speech Area McMicken Commons 7 Exhibit Email 9 Feb 2012 8 Exhibit Email 10 Feb 2012 9 Exhibit Event Request Form 10 Exhibit Email 10 Feb 2012
© 2013 Bloomberg Finance L.P. All rights reserved. For terms of service see bloomberglaw.com // PAGE 1 Document Link: http://www.bloomberglaw.com/ms/document/X1Q6M5EDUL82?documentName=21.xml

Case: 1:12-cv-00155-TSB Doc #: 15 Filed: 03/21/12 Page: 1 of 27 PAGEID #: 186

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

UNIVERSITY OF CINCINNATI CHAPTER :

OF YOUNG AMERICANS FOR LIBERTY,

:

:

and

:

:

CHRISTOPHER MORBITZER,

:

:

Plaintiffs,

:

:

v.

:

:

GREGORY H. WILLIAMS, in his official

:

capacity as President, University of Cincinnati, :

:

and

:

:

CORINN SHEMAK, in her official capacity as :

Program Director, Conference & Event Services, :

University of Cincinnati,

:

:

and

:

:

CATHY KRUMPELBECK, in her official

:

capacity as Public Safety Special Events

:

Coordinator, University of Cincinnati,

:

:

and

:

:

MICHAEL CURETON, in his official capacity :

as Chief of Police, Director of Public Safety,

:

University of Cincinnati,

:

:

and

:

:

BRITTANY SISKO, in her official and

:

individual capacity,

:

:

:

Case No. 1:12-CV-155 Judge Black
FIRST AMENDED VERIFIED COMPLAINT

[ continued on next page ]

Case: 1:12-cv-00155-TSB Doc #: 15 Filed: 03/21/12 Page: 2 of 27 PAGEID #: 187

and

:

:

JOHN DOE, in his official and individual

:

capacity,

:

:

Defendants.

:

Now come Plaintiffs, UNIVERSITY OF CINCINNATI CHAPTER OF YOUNG AMERICANS FOR LIBERTY (“UC YAL”), and CHRISTOPHER MORBITZER (“Mr. Morbitzer”) (collectively, the “Plaintiffs”), and for their Complaint against GREGORY H. WILLIAMS (“Mr. Williams”), CORINN SHEMAK (“Ms. Shemak”), CATHY KRUMPELBECK (“Ms. Krumpelbeck”), MICHAEL CURETON (“Mr. Cureton”), BRITTANY SISKO (“Ms. Sisko”), and JOHN DOE (collectively, the “Defendants”), allege as follows:
INTRODUCTION 1. This is an action for declaratory judgment, preliminary and permanent injunction, and nominal damages under 42 U.S.C. §1983 arising from the unconstitutional policies and practices of Defendants. Due to Defendants’ policies, practices and custom, as well as certain conduct by one or more Defendants, Plaintiffs have suffered and will continue to suffer irreparable harm to their rights under the First Amendment to the United States Constitution and the Fourteenth Amendment to the United States Constitution. The harm may only be remedied by a ruling from this Court. 2. By maintaining, implementing and enforcing vague policies that (i) restrict and prohibit students from engaging in expressive activity on the vast majority of the University of Cincinnati campus, (ii) restrict and prohibit spontaneous student speech in response to recent or still-unfolding events, (iii) vest unfettered discretion in university

2

Case: 1:12-cv-00155-TSB Doc #: 15 Filed: 03/21/12 Page: 3 of 27 PAGEID #: 188
administrators to restrict student speech, and (iv) threaten students with disciplinary or criminal charges for violation of such policies, Defendants have impeded and will continue to unconstitutionally impede Plaintiffs in their efforts to collect signatures for petitions for a state ballot initiative and advocate for its passage. Such expressive activity is a core concern of the First Amendment.
3. Additionally, Plaintiffs desire to engage in other activities consistent with the purpose and goals of the organization and, in so doing, to engage in activities protected by the First Amendment in and about the University of Cincinnati campus without being subjected to the threat of enforcement or the actual enforcement of a policy, practice or custom that fails to comply with the requirements of the United States Constitution.
4. As a result of the policy, practice and custom of the Defendants, as well as certain conduct by one or more Defendants, Plaintiffs have suffered and will continue to suffer irreparable harm unless the Defendants are immediately enjoined from restricting their protected speech in this manner.
PARTIES 5. Plaintiff University of Cincinnati Chapter of Young Americans for Liberty (“UC YAL”) is the local chapter of the national group Young Americans for Liberty, and is an unincorporated association of students at the University of Cincinnati. UC YAL is an officially recognized student organization at the University of Cincinnati. It consists solely of students at the University of Cincinnati and a faculty advisor. UC YAL seeks to recruit, train, educate, and mobilize students on the ideals of liberty and the United States
3

Case: 1:12-cv-00155-TSB Doc #: 15 Filed: 03/21/12 Page: 4 of 27 PAGEID #: 189
Constitution. UC YAL brings this action on behalf of itself and its members and supporters.
6. One of the activities in which UC YAL is involved includes efforts to advocate and advance the initiative petition process by gathering signatures to place freedom-oriented ballot initiatives before Ohio voters. At the present time and in support of this effort, UC YAL seeks to gather signatures on the University campus for the Ohio Workplace Freedom Amendment, for which the deadline to submit signatures is July 9, 2012, if it is to appear on the November 2012 ballot, or approximately the same date in 2013 if it is to appear on the November 2013 ballot. UC YAL anticipates working on similar ballot initiatives in the future, including those related to tax limitations and school choice.
7. Plaintiff Christopher Morbitzer is a student at the University of Cincinnati and President of UC YAL.
8. The University of Cincinnati is a public university located in Cincinnati, Ohio. It is part of the university system of Ohio and is a “state university” organized pursuant to Section 3361.01 et seq. of the Ohio Revised Code.
9. Defendant Gregory H. Williams is, and has been at all times relevant to the facts at issue in this case, the President of the University of Cincinnati. As President of the University of Cincinnati, Mr. Williams is the university’s chief administrative and executive officer.
10. Pursuant to Ohio Administrative Code 3361:10-5-01(J), as President of the University of Cincinnati, Mr. Williams “shall have the authority to adopt necessary and reasonable policies and procedures regarding the use of the facilities of the university,
4

Case: 1:12-cv-00155-TSB Doc #: 15 Filed: 03/21/12 Page: 5 of 27 PAGEID #: 190
which amplify the university rules, and Ohio and federal law. [He] shall also have the authority to amend or rescind such policies and procedures.”
11. Pursuant to Ohio Administrative Code 3361:10-5-01(O), as President of the University of Cincinnati, Mr. Williams “shall have the authority to: (1) Adopt amendments to any university rule which: (a) Would clarify or correct the language of the rule but would not constitute a substantive change; or (b) Would conform the rule to applicable laws or regulations.”
12. Pursuant to Ohio Administrative Code 3361:10-1-09(B)(2)(a), as President of the University of Cincinnati, Mr. Williams "may amend any rule of the university . . . which . . . would conform the rule to applicable laws or regulations."
13. Defendant Corinn Shemak is, and has been at all times relevant to the facts at issue in this case, the Program Director of Conference & Event Services at the University of Cincinnati. Based upon information and belief, Defendant Corinn Shemak, as part of her official duties and responsibilities with the University of Cincinnati, implements or enforces the unconstitutional restrictions accomplished through the University’s policies and practices (as described herein).
14. Defendant Cathy Krumpelbeck is, and has been at all times relevant to the facts at issue in this case, the Public Safety Special Events Coordinator at the University of Cincinnati. Based upon information and belief, Defendant Cathy Krumpelbeck, as part of her official duties and responsibilities with the University of Cincinnati, implements or enforces the unconstitutional restrictions accomplished through the University’s policies and practices (as described herein).
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15. Defendant Michael Cureton is, and has been at all times relevant to the facts at issue in this case, the Director of Public Safety and Chief of Police at the University of Cincinnati Department of Public Safety. Based upon information and belief, Defendant Michael Cureton, as part of his official duties and responsibilities with the University of Cincinnati, implements or enforces the unconstitutional restrictions accomplished through the University’s policies and practices (as described herein).
16. Defendant Brittany Sisko is an individual who, based upon information and belief, undertook specific action so as to deprive and/or violate the constitutional rights of the Plaintiffs and did so as part of her official duties and responsibilities as an employee or agent of the University of Cincinnati and/or in her official capacity of adopting and implementing a policy, practice or custom of the University of Cincinnati.
17. Defendant John Doe is a University of Cincinnati official, agent or employee who had the authority to – and in fact did – deny Plaintiffs’ attempted to engage in expressive activities delineated in this Complaint. Defendant John Doe’s identity is unknown at this time, and he or she is named in his/her official and individual capacity. Based upon information and belief, one of the named Defendants may be Defendant John Doe.
18. All actions by the Defendants described herein were undertaken under color of state law which caused the deprivation of Plaintiffs' rights protected by the United States Constitution.
JURISDICTION AND VENUE 19. This Court has subject matter jurisdiction over this case pursuant to 28 U.S.C. § 1331, as this action arises under the First and Fourteenth Amendments to the
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United States Constitution; under 28 U.S.C. § 1343(a)(3), in that it is brought to redress deprivations, under color of state law, of rights, privileges, and immunities secured by the United States Constitution; under 28 U.S.C. § 1343(a)(4), in that it seeks to recover damages and secure equitable relief under an Act of Congress, specifically, 42 U.S.C. § 1983, which provides a cause of action for the protection of civil and constitutional rights; under 28 U.S.C. § 2201(a), to secure declaratory relief; under 28 U.S.C. § 2202, to secure preliminary and injunctive relief and damages; and under 42 U.S.C. § 1988, to award attorneys fees.
20. Venue is proper within this judicial district and division pursuant to 28 U.S.C. § 1391(b) and Local Rule 82.1, as (i) the Defendants are situated within this judicial district and division; and (ii) all of the claims asserted by Plaintiffs arose within this judicial district and division.
FACTUAL ALLEGATIONS The University’s Policy
21. The University of Cincinnati has an enrollment of over 41,000 students, including 3,861 on-campus residents. It has an annual budget of $1.05 billion.
22. In Ohio Administrative Code 3361:10-17-01, the board of trustees of the University of Cincinnati declared that:
(A) The university of Cincinnati, a public institution dedicated to providing an environment conductive to teaching, learning, research, and a continuing search for truth, will not take a position on any matter of political or public controversy. (B) Any individual member or group of members of the university community, like any other citizen or group of citizens, is free to debate and take a position on any matter of public controversy. But, since the collective reputation of the university cannot be abrogated by an individual or group as a means of supporting his/her or its position, any
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such activity must be taken in a way to make clear that it is not being carried on by or in the name of the university.
23. Thus, pursuant to the declaration of the board of trustees of the University of Cincinnati, the campus of the University of Cincinnati is dedicated to “providing an environment conductive to teaching, learning, research, and a continuing search for truth,”
24. However, despite making the lofty declaration that “[a]ny individual member or group of members of the university community, like any other citizen or group of citizens, is free to debate and take a position on any matter of public controversy,” the University of Cincinnati, through the actions of the Defendants, has adopted and regularly enforces a policy, practice and custom that does not provide or allow the university campus to be used as an “environment conductive to teaching, learning, research, and a continuing search for truth.”
25. Despite making the declaration that “[a]ny individual member or group of members of the university community, like any other citizen or group of citizens, is free to debate and take a position on any matter of public controversy,” the University of Cincinnati, through the actions of the Defendants, has adopted and regularly enforces a policy, practice and custom that severely restricts and burdens the free speech rights of individual students or groups of students, including the free speech rights of the Plaintiffs.
26. The University of Cincinnati has a published policy for scheduling use of campus facilities and spaces for expressive activities. The Use of Facilities Policy Manual (the “Policy Manual”) is available at http://www.uc.edu/content/dam/common /docs/policies/UseFacilitiesManual.pdf. A true and accurate copy of the Policy Manual is attached as Exhibit A.
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27. The Policy Manual states that: Demonstrations, Picketing and Rallies Groups planning a demonstration picket or rally should contact the Campus Scheduling Office or the appropriate scheduling office to familiarize themselves with University policies governing the activity. Demonstrations, picketing or rallies must be scheduled in the appropriate scheduling office and may only take place on the northwest corner of McMicken Commons. Anyone requesting to demonstrate, picket or rally must give prior notice of ten (10) working days to the University Police. Such activities are not permitted inside any campus building. Bonfires require additional clearance from the scheduling office, the Department of Facilities Management, the Department of Public Safety, and the Cincinnati Fire Department. (see Exhibit A, Policy Manual, at 15). The Uptown West Campus Map shows this area of McMicken Commons. It is indicated by the green shaded area (see Exhibit B, Uptown West Campus Map, modified with color). 28. The terms “demonstration,” “picket,” and “rally” are not defined in the Policy Manual. No examples are given of what activities any of these terms encompass or exclude. 29. Thus, the failure of the Policy Manual to clearly define the terms “demonstration,” “picket,” or “rally” means that a person of ordinary intelligence is not afforded the ability to readily identify the applicable standard for inclusion and exclusion within the requirements of the foregoing policy. 30. Furthermore, the failure of the Policy Manual to provide clear standards to guide the discretion of the public officials of the University of Cincinnati as to what activities are included within the terms “demonstration,” “picket,” or “rally” results in enabling such public officials to administer the foregoing policy on the basis of impermissible factors or through arbitrary application.
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31. Because the foregoing policy functions as a licensing scheme with which students must comply prior to engaging in the exercise of their free speech rights (notwithstanding that the University of Cincinnati, by the board of trustees’ own declaration, is dedicated “to providing an environment conductive to teaching, learning, research, and a continuing search for truth”), the foregoing policy constitutes a prior restraint on speech, resulting in censorship.
32. Because the foregoing policy requires ten working days’ advance notice before any planned “demonstration,” “picket,” or “rally,” a student request for use of the “Free Speech Area,” i.e., the northwest corner of McMicken Commons, must be at least fourteen calendar days in advance due to intervening weekends not being counted toward the requirement (and even longer if holidays are within the notification period).
33. Because the foregoing policy requires ten working days’ advance notice before any planned “demonstration,” “picket,” or “rally,” the policy unconstitutionally prevents spontaneous student expressive activity in response to recent or still-unfolding events, as well as events of a time-sensitive or continuous and ongoing nature.
34. On December 8, 2008, the Foundation for Individual Rights in Education (“FIRE”), a non-partisan, non-profit 501(c)(3) educational foundation dedicated to defending and sustaining freedom of speech at our nation’s colleges and universities, wrote a letter to the then-president of the University of Cincinnati expressing its concern about the Free Speech Area, the notice requirement, and the threat made in the Policy Manual that “anyone violating this policy may be charged with trespassing” (attached as Exhibit C). FIRE argued that the University’s restrictions were unconstitutionally vague and unreasonably restricted student speech in violation of the First Amendment.
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35. On December 22, 2008, the general counsel of the University of Cincinnati responded to FIRE’s comments with a letter defending the Free Speech Area (attached as Exhibit D), asserting that the foregoing policy of the University of Cincinnati meets constitutional standards.
The Fora at Issue 36. The “northwest corner of McMicken Commons” referenced in the
foregoing policy of the University of Cincinnati on “Demonstrations, Picketing and Rallies” is demarcated in the Policy Manual and referred to as the “Free Speech Area”:
Free Speech Area The northwest section (see diagram) of McMicken Commons immediately east of McMicken Hall on the West Campus is designated as the main free speech area. Individuals or groups wanting to use these areas must schedule the activity in the Campus Scheduling Office. Anyone violating this policy may be charged with trespassing. No more than one musical or speaking activity is permitted at the same time. (see Exhibit A, Policy Manual, at 14). The Free Speech Area is the area immediately east of McMicken Hall. It is indicated by the green shaded area on Exhibit B, the Uptown West Campus Map. Exhibit E is a photograph of McMicken Commons modified to show the Free Speech Area colored red. 37. At its longest points, Plaintiffs estimate that the Free Speech Area is 82 feet east-west and 124 feet north-south. The Free Speech Area is approximately 10,000 square feet. The West Campus of the University is 137 acres, or approximately 8,506,833 square feet. The Free Speech Area is therefore approximately 0.1% of the total area of West Campus.
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38. The West Campus area has many suitable open areas and sidewalks beyond the Free Speech Area where student expressive activity, including petition gathering and political discussion, will not interfere with or disturb access to UC buildings or sidewalks, impede vehicular or pedestrian traffic, or in any way substantially disrupt the operations of campus or the University’s educational functions.
The Expressive Conduct at Issue 39. On February 9, 2012, the Ohio Ballot Board approved language for a
ballot measure proposing an amendment to the Ohio Constitution titled “To guarantee the freedom of Ohioans to choose whether to participate in a labor organization as a condition of employment” (“the Ohio Workplace Freedom Amendment”).
40. The approval by the Ohio Ballot Board thus cleared the way for signatures to be gathered to place the Ohio Workplace Freedom Amendment on the ballot to be voted on by the voters of Ohio.
41. On Monday, February 13, 2012, backers of the Ohio Workplace Freedom Amendment finalized the petition and made it available for download and circulation.
42. Plaintiffs desire to gather signatures to place the Ohio Workplace Freedom Amendment on the ballot, and in the process, to discuss the initiative with their classmates on campus and to advocate for the passage of the initiative itself. Doing so would be consistent with the University of Cincinnati’s designation of its campus as an “environment conductive to teaching, learning, research, and a continuing search for truth.”
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43. To qualify for placement on the November 2012 ballot, supporters of the Ohio Workplace Freedom Amendment need to obtain over 385,000 valid signatures on petitions no later than July 9, 2012 (120 days prior to the November 2012 elections). Accordingly, at this time, there are less than four months left to gather these signatures from registered Ohio voters.
44. Due to invalid signatures that inevitably occur during an initiative petition effort (due to various reasons), significantly more than 385,000 signatures will be necessary in order to meet the requisite number of valid signatures. By way of example, the recently successful Ohio Health Care Freedom Amendment that passed in November 2011 was also put on the ballot via initiative petitions; supporters of that initiative submitted 546,074 signatures to the Ohio Secretary of State of which only 426,998 signatures were verified as valid.
45. Given this deadline for the petition, on each occasion when Plaintiffs are unlawfully and unconstitutionally prevented from collecting signatures and advocating for the passage of the initiative, not only does a violation of their constitutional rights take place, but the likelihood that the Ohio Workplace Freedom Amendment will be on the November 2012 ballot is reduced.
46. The notice requirement of ten working days means that each scheduled instance of gathering to collect signatures on the Free Speech Area faces a potential delay of up to fourteen calendar days (or more if there are intervening holidays during the notification period).
47. Furthermore, the notice requirement prohibits spontaneous speech in response to the actions of the Ballot Board, which substantially burdens the Plaintiffs’
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First Amendment rights and leads to a delay in petition gathering and advocacy for the issue. The requirement continues to prohibit spontaneous speech, preventing UC YAL from gathering signatures when a conversation evokes the interest of a fellow student who may wish to sign a petition.
48. Limiting petition gathering and advocacy by preventing students from using the overwhelming majority of campus grounds for expressive activity substantially burdens the Plaintiffs’ First Amendment rights and significantly restricts the number of signatures that may be gathered to place the Ohio Workplace Freedom Amendment on the November 2012 ballot.
49. In reaction to the news of the Ballot Board’s approval to begin collecting signatures, Mr. Morbitzer immediately sent an email on February 9, 2012 to the relevant authorities at the University of Cincinnati (via the email address “campusscheduling@uc.edu”) requesting permission to collect signatures and asking for clarification of the University’s policies classifying expressive activity as a “demonstration, picket, or rally” and therefore limited to the Free Speech Area (attached as Exhibit F).
50. At 8:05 a.m. on the next day, February 10, 2012, Mr. Morbitzer received an unsigned email response from “Conference & Event Services” via the email address “campusscheduling@uc.edu.” The response failed to expressly clarify the University policy regarding the definitions of a “demonstration, picket, or rally”; told Mr. Morbitzer to “use the online form to request use of McMicken Commons Northwest Corner”; and threatened police action if the Plaintiffs were seen merely “walk[ing] around campus” engaging in expressive activity outside of the Free Speech Area (attached as Exhibit G).
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51. The response from “Conference & Event Services” to Mr. Morbitzer on February 10, 2012, was sent by Defendant John Doe who, as noted above, is believed to be one of the named Defendants.
52. The response from “Conference & Event Services” to Mr. Morbitzer on February 10, 2012, implied that Plaintiffs’ desired expressive activity, i.e., petition circulating, was within the scope of the term “demonstration, picket, or rally.”
53. In response, Mr. Morbitzer requested permission via the online form on February 10, 2012. However, the form failed to provide Mr. Morbitzer and UC YAL with the option of requesting permission to engage in their desired expressive activity on campus immediately.
54. Contrary to the University’s Policy Manual, which requires “prior notice of ten (10) working days” before engaging in expressive activity deemed a “demonstration, picket, or rally” in the Free Speech Area, the online form stated that “[o]utdoor spaces must be requested at least 15 days in advance of the event” (attached as Exhibit H). No explanation of this discrepancy is given in the Policy Manual.
55. In an email response from Ms. Sisko on Friday, February 10 (a copy of which is attached as Exhibit I), Mr. Morbitzer’s request was approved only to the extent Plaintiffs remained at all times in the Free Speech Area:
Hello Christopher, Please see your event confirmation below. You have been assigned the NorthWest corner of McMicken Commons, however you are not permitted to walk around. Also note, that your event was approved despite our 5 Day Business Policy. In the future, this will not be allowed. Therefore, make sure you put your event request in 5 Business Days before your desired date.
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Review the Event Guide and Policies link below for important policies and processes involved with your scheduled space. http://www.uc.edu/content/dam/uc/eventservices/docs/Confirmation%20Notice .Policy%20and%20Process.pdf If you have any questions please contact Conference & Event Services at 5562442. Thank you, Conference & Event Services
56. The approval restricted Plaintiffs’ expressive activity to the Free Speech Area (“the North-West corner of McMicken Commons”) and once again noted Plaintiffs “are not permitted to walk around.” This response indicated that Defendants construed the terms “demonstration, picket, or rally” to include expressive activity like the signature gathering, advocacy, and discussion in which Plaintiffs sought to engage.
57. Based on information and belief, the e-mail from “Conference & Event Services” was sent by Defendant John Doe, who, as noted above, is believed to be one of the named Defendants.
58. This email response refers to a notification period of five business days, while the Use of Facilities Policy Manual refers to ten working days, and the online form refers to fifteen days. No explanation of this discrepancy is given in the Policy Manual.
59. The requirement of five, ten, or fifteen days notice unreasonably prevents spontaneous expressive activities in response to recent or still-unfolding events, as well as those of a time-sensitive nature. For example, it would have been impossible for University students to gather spontaneously to demonstrate their shock and sadness following the tragic events of September 11, 2011, or their support of the United States’
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successful military operation in killing Osama Bin Laden, without violating University policy.
60. Furthermore, the lack of clarity with regard to which of the three notice periods is applicable breeds confusion and uncertainty amongst would-be student speakers, resulting in an impermissible chilling effect on campus and the arbitrary and capricious enforcement of the policy.
61. Plaintiffs desire to engage in expressive activities beyond gathering signatures on behalf of the Ohio Workplace Freedom Amendment. In addition to seeking to gather signatures for this initiative until July of 2012, and possibly July 2013, Plaintiffs have concrete plans to work on future signature-gathering campaigns.
62. On Wednesday, February 15, Plaintiffs – consisting of three members of UC YAL – engaged in signature gathering, advocacy, and discussion in the Free Speech Area as limited by Defendants. Plaintiffs managed to gather only one signature and were only able to interact with six students as a result of the low pedestrian traffic in and adjacent to the Free Speech Area. Plaintiffs witnessed that the overwhelming majority of pedestrian traffic on McMicken Commons going to and coming from the surrounding buildings occurred on sidewalks not adjacent to the Free Speech Area, and thus these students were inaccessible to UC YAL signature gatherers limited to the confines of the Free Speech Area.
63. As a direct and proximate result of the denial by John Doe of their request to immediately gather signatures, to advocate for the Ohio Workplace Freedom Amendment, and to discuss the initiative’s merits with their fellow students, Plaintiffs’ constitutional rights have been violated and Plaintiffs have suffered injury and damages.
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64. The actions of John Doe in denying Plaintiffs’ request to immediately gather signatures, to advocate for the Ohio Workplace Freedom Amendment, and to discuss the initiative’s merits with their fellow students was the direct and proximate result of the policy, practice and custom of the University of Cincinnati as adopted and implemented by Defendants.
65. As a direct and proximate result of John Doe restricting and confining the Plaintiffs only within the Free Speech Area in order to engage in the initiative petition effort, Plaintiffs’ constitutional rights have been violated and Plaintiffs have suffered injury and damages.
66. The actions of John Doe in restricting and confining the Plaintiffs only within the Free Speech Area in order to engage in the initiative petition effort was the direct and proximate result of the policy, practice and custom of the University of Cincinnati as adopted and implemented by one or more of the Defendants.
67. As a direct and proximate result of the policy, practice and custom of the University of Cincinnati as adopted and implemented by one or more of the Defendants, Plaintiffs’ constitutional rights have been violated and Plaintiffs have suffered injury and damages.
Defendants’ Inconsistent Application of the Policy at Issue 68. As mentioned above, Defendants seemingly maintain three different
notification periods for the same types of expressive activity: five, ten, or fifteen days.
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69. Defendants have also been inconsistent in how they define an expressive activity as a “demonstration, picket or rally” that is therefore limited to the Free Speech Area only.
70. For example, in October 2011 and the autumn of 2008, Mr. Morbitzer witnessed individuals engaged in voter registration throughout the grounds of West Campus. They were not limited to the Free Speech Area.
71. Similarly, in the spring of 2009, Mr. Morbitzer witnessed individuals gathering signatures throughout the grounds of West Campus for a proposed amendment to the Ohio Constitution to legalize casino gambling. They were not limited to the Free Speech Area.
72. On information and belief, these signature gathering, advocacy, and discussion activities were not classified as a “demonstration, picket, or rally,” while Plaintiffs’ identical activity was so classified and was therefore restricted to the Free Speech Area.
73. Based upon information and belief, officials within the University of Cincinnati were aware of such First Amendment activities freely taking place outside the Free Speech Area, yet no action was taken to confine such activities within the Free Speech Area.
74. In fact, based upon information and belief, officials within the University of Cincinnati actively supported or condoned such First Amendment activities freely taking place outside the Free Speech Area.
75. To the extent officials within the University of Cincinnati actively supported or condoned such First Amendment activities freely taking place outside the
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Free Speech Area, the restriction of the Plaintiffs to the Free Speech Area for their initiative petition effort constituted unconstitutional discrimination based upon the content or viewpoint of the speaker.
STATEMENT OF LAW 76. The University of Cincinnati is a state actor. See Thomson v. Harmony, 65 F.3d 1314, 1319 (6th Cir. 1995) (“The University of Cincinnati is a state instrumentality”); Hall v. Medical College of Ohio, 742 F.2d 299, 303–04 (6th Cir. 1984) (discussing how state universities in Ohio, including University of Cincinnati, are considered “arms of the state”). 77. At all times relevant to the allegations in this Complaint, each and all of the acts alleged herein were attributed to one or more of the Defendants acting under the color, authority, and pretense of state law, statutes, ordinances, regulations, customs, usages, and policies of the University of Cincinnati. 78. Soliciting and gathering signatures on a petition is core political speech protected by the First and Fourteenth Amendments to the Constitution. Meyer v. Grant, 486 U.S. 414, 422 n.5, 425 (1988). 79. The First and Fourteenth Amendments extend to campuses of state universities. Healy v. James, 408 U.S. 169, 180 (1972). 80. Due process requires that a state enactment be held void for vagueness if the prohibitive terms are not clearly defined such that a person of ordinary intelligence can readily identify the applicable standard for inclusion and exclusion. Grayned v. City of Rockford, 408 U.S. 104, 108 (1972).
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81. The absence of clear standards guiding the discretion of the public official vested with the authority to enforce the enactment invites abuse by enabling the official to administer the policy on the basis of impermissible factors. Leonardson v. City of East Lansing, 896 F.2d 190, 198 (6th Cir. 1990).
82. The vagueness doctrine “requires that the limits the [government] claims are implicit in its law be made explicit by textual incorporation, binding judicial or administrative construction, or well-established practice.” City of Lakewood v. Plain Dealer Publ’g Co., 486 U.S. 750, 770 (1988).
83. A traditional public forum like a park or public sidewalk is subject to reasonable “time, place and manner” restrictions that are narrowly tailored to serve a significant government interest and leave open ample alternative channels of communication. Perry Educ. Ass’n v. Perry Local Educators’ Ass’n, 460 U.S. 37, 45 (1983).
84. A designated public forum is a forum the government intentionally opens to expressive activity to the public at large. Miller v. City of Cincinnati, 622 F.3d 524, 534 (6th Cir. 2010). The standards under the First Amendment are the same as a traditional public forum. Pleasant Grove v. Summum, 555 U.S. 460, 469–70 (2009).
85. “The campus of a public university, at least for its students, possesses many of the characteristics of a public forum.” Widmar v. Vincent, 454 U.S. 263, 267 n.5 (1981).
86. As noted above, the board of trustees of the University of Cincinnati have declared that the university is “dedicated to providing an environment conductive to teaching, learning, research, and a continuing search for truth.”
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87. Thus, the campus of the University of Cincinnati (or, at least, areas other than the Free Speech Area) constitute dedicated public fora in which students, including Plaintiffs, are entitled to engage in speech protected under the First Amendment. And some areas of the campus of the University of Cincinnati (including the public sidewalks adjacent to various streets) constitute traditional public fora.
COUNT I VIOLATION OF RIGHT TO FREE SPEECH UNDER
THE FIRST AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION (42 U.S.C. § 1983)
88. Plaintiffs hereby incorporate by reference the allegations in the foregoing paragraphs as if set forth fully herein.
89. The policies and actions of Defendants vest unfettered discretion in the Defendants to restrict constitutionally protected expression.
90. The policies and actions of Defendants are prior restraints and restrictions on speech in campus areas that are commonly considered traditional or designated public fora.
91. The Defendants’ purported “time, place and manner” restrictions are unreasonable in light of the purpose of the forum, overly broad, not content-neutral, are not narrowly tailored to serve significant government interests, and do not leave open ample alternative channels of communication.
92. As a proximate result of Defendants’ actions, Plaintiffs have been irreparably injured, and will continue in the future to be irreparably injured, in that they have been and will be deprived of their right to free speech under the First and Fourteenth Amendments to the Constitution.
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93. As a direct result of the Defendants’ violation of the Plaintiffs’ constitutional rights and the continued maintenance of the Use of Facilities Policy, Plaintiffs continue to be prohibited from engaging their fellow students in discussion, advocating on behalf of their political beliefs, and collecting sufficient signatures to successfully place the Ohio Workplace Freedom Amendment on the November 2012 ballot.
94. As a legal consequence of the Defendants’ violation of Plaintiffs’ First and Fourteenth Amendment rights, as alleged above, Plaintiffs are entitled to injunctive relief and, from Ms. Sisko and John Doe, to recover nominal damages.
COUNT II VIOLATION OF THE RIGHT TO DUE PROCESS UNDER THE FIRST AND FOURTEENTH AMENDMENTS
TO THE UNITED STATES CONSTITUTION (42 U.S.C. § 1983)
95. Plaintiffs hereby incorporate by reference the allegations in the foregoing paragraphs as if set forth fully herein.
96. The policies and conduct of Defendants are unconstitutionally vague on their face. They fail to adequately advise, notify, or inform students threatened with disciplinary action and criminal prosecution for violation, and thus have a chilling effect on speech.
97. The Defendants’ policy, practice, and custom of limiting the expressive activities on campus it defines as constituting a “demonstration, picket, or rally” to the Free Speech Area is unconstitutional and violates the First and Fourteenth Amendments to the United States Constitution.
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98. The Defendants’ policy, practice and custom of allowing its agents or other authorized individuals unbridled discretion in determining which expressive activities constitute a “demonstration, picket, or rally” – and thus are subject to the notification requirement of ten working days and limited to the Free Speech Area – violates Plaintiffs’ rights under the First and Fourteenth Amendments to the United States Constitution.
99. As a proximate result of Defendants’ actions, Plaintiffs have been irreparably injured, and will continue in the future to be irreparably injured, in that they have been and will be deprived of their right to free speech and due process of law under the First and Fourteenth Amendments to the Constitution.
100. As a direct result of the Defendants’ violation of the Plaintiffs’ constitutional rights, Plaintiffs are at continued risk of being unable to engage their fellow students in discussion, advocate on behalf of their political beliefs, and collect sufficient signatures to successfully place the Ohio Workplace Freedom Amendment on the November 2012 ballot.
101. As a legal consequence of the Defendants’ violation of Plaintiffs’ First and Fourteenth Amendment rights, as alleged above, Plaintiffs are entitled to injunctive relief and, from Brittany Sisko and John Doe, to recover nominal damages.
COUNT III DECLARATORY JUDGMENT AND INJUNCTION
(28 U.S.C. § 2201, et seq.) 102. Plaintiffs hereby incorporate by reference the allegations in the foregoing paragraphs as if set forth fully herein.
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103. An actual controversy has arisen and now exists between Plaintiffs and Defendants concerning Plaintiffs’ rights under the United States Constitution. A judicial declaration is necessary and appropriate at this time as to Counts I through II above.
104. Plaintiffs desire a judicial determination of their rights against Defendants as they pertain to Plaintiffs’ right to speak, assemble, and gather signatures on petitions on the outdoor areas campus of the University of Cincinnati without being subjected to a prior restraint or “time, place, and manner” regulations which are unreasonable, not content neutral, not narrowly tailored to serve a substantial government interest, and do not leave open ample alternative channels of communication.
105. In order to prevent further violation of Plaintiffs’ constitutional rights by Defendants, it is appropriate and proper that a declaratory judgment be issued, pursuant to 28 U.S.C. § 2201 and FED. R. CIV. P. 57, declaring unconstitutional the University’s policies.
106. Furthermore, pursuant to 28 U.S.C. § 2202 and FED. R. CIV. P. 65, it is appropriate and hereby requested that this Court issue preliminary and permanent injunctions prohibiting the Defendants from enforcing their restrictions on Plaintiffs’ expressive activities to the extent they are unconstitutional, in order to prevent the ongoing violation of Plaintiffs’ constitutional rights.
PRAYER FOR RELIEF WHEREFORE, Plaintiffs pray for judgment against Defendants and that the Court: A. Declare that the notice and forum provisions of the University’s Use of
Facilities Policy Manual described above are unconstitutional on their face
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because they violate the rights to freedom of speech and due process of law guaranteed under the First and Fourteenth Amendments to the Constitution; B. Declare that the notice and forum provisions of the University’s Use of Facilities Policy Manual are unconstitutional as applied or threatened to be applied to the activities of Plaintiffs, because they violate Plaintiffs’ right to freedom of speech and due process of law guaranteed under the First and Fourteenth Amendments to the Constitution; C. Declare that restricting students’ expressive activities to the Free Speech Area violates the First and Fourteenth Amendments to the Constitution; D. Issue a preliminary injunction and permanent injunction against the Defendants prohibiting the enforcement of said policies against Plaintiffs and others who seek to participate in expressive activities both within the Free Speech Area and on sidewalks and outdoor open areas such as those described in this Complaint; E. Award nominal damages against Defendants Brittany Sisko and John Doe; F. Pursuant to 42 U.S.C. §1988 and other applicable law, award Plaintiffs their costs and expenses incurred in bringing this action, including their reasonable attorneys’ fees; and G. Grant such other and further relief as the Court deems equitable, just, and proper.
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Respectfully submitted, /s/ _Ryan D. Walters_________________ Ryan D. Walters (0076724)
Trial Attorney for Plaintiffs Maurice A. Thompson (0078548) 1851 Center for Constitutional Law 208 E. State Street Columbus, Ohio 43215 Tel: (614) 340-9817 Fax: (614) 365-9564 rwalters@ohioconstitution.org mthompson@ohioconstitution.org Curt C. Hartman (0064242)
Co-counsel for Plaintiffs The Law Firm of Curt C. Hartman 3749 Fox Point Court Amelia, Ohio 45102 Tel: (513) 752-8800 hartmanlawfirm@fuse.net
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University of Cincinnati
Use of Facilities Policy Manual
8/2008
[1The information contained herein was prepared by a committee appointed by the President of the University of Cincinnati and has been reviewed by the Office of General Council.]
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TABLE OF CONTENTS

Access to University Buildings ………………………………………………………….. 3 Use of Storage Facilities on Campus…………………………………………………….. 3

General Policies Pertaining to the Use of University Facilities…………………………4 Responsibilities of all Groups/Individuals……………………………………………….. 4 Rental Charges and Expenses…………………………………………………………….. 4 Safety and Security……………………………………………………………………….. 5 Political Programs and Activities………………………………………………………….5 Fund Raising……………………………………………………………………………… 6 Distribution of Printed Materials, Publicity, Promotional Methods, Posted Materials… 6 Bulletin Boards…………………………………………………………………………… 6 Banners…………………………………………………………………………………… 7 Recruiting and Information Tables……………………………………………………….. 7 Speakers, Speech and Assembly………………………………………………………….,8

Academic Facilities……………………………………………………………………… 9 East Campus……………………………………………………………………………….9 West Campus……………………………………………………………………………... 9 Branch Campuses………………………………………………………………………… 10

Non-Academic Facilities…………………………………………………………..............12

Athletic Facilities…………………………………………………………………………..16

Area Specific Facilities…………………………………………………………………… 17-44

Appendices………………………………………………………………………………… 44

Appendix A - Definitions………………………………………………………………… 44

Appendix B – Individual Policies

47

Alcohol Policy……………………………………………………………………... 47

Amplification Policy……………………………………………………………… 48

Banner Policy……………………………………………………………………… 49

Bicycles, Skateboards, Inline Skates Policy………………………………………. 52

Chalking…………………………………………………………………………….52

Dance Policy……………………………………………………………………….. 53

Graffiti Policy……………………………………………………………………… 56

Grill Policy ………………………………………………………………………… 57

Nautilus Policy…………………………………………………………………….. 57

Posting Policy……………………………………………………………………… 58

Publications Policy………………………………………………………………… 59

Sigma Sigma Commons/Campus Green Usage Policy……………………………. 60

Temporary Outdoor Signage………………………………………………………..60

Tent and Canopy Use on Campus……………….………………………….………61

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University of Cincinnati Use of Facilities Policy Manual
Access to University Buildings
While the University of Cincinnati is a public institution, its primary purpose is to provide an environment for education and scholarship. As with all state, federal and local entities, “public” does not mean that all areas are open to the general public. The are some areas, such as sport and performing arts venues, shops and restaurants, where access by the general public is permitted, and in many cases, encouraged. On the other hand, classrooms, laboratories, academic offices, student lounges and other educational and research venues are not open to the general public but are for the most part limited to the use of faculty, students, staff and invited guests who have business related to the mission of the University (the “University Community”).
When a building contains areas that are designated as open to the general public, access is limited to those areas and only during specified hours. Unless otherwise posted, most public access areas are accessible by the general public during normal business hours (Monday – Friday from 8:00 AM to 5:00 PM). During other days and/or hours, all areas in the building are restricted to the University Community.
As noted above, there are some exceptions to this restriction; such as when a public event is being held in a university building; e.g. CCM performances, athletic events, meetings open to the public, etc., or when a building contains areas intended for public/guest/alumni use; e.g. bookstores, libraries, restaurants, recreation areas, etc.
There are some facilities that are restricted, even during normal business hours, and not all areas of the University are open to all members of the University Community. These areas are posted and/or locked. (Access to residence halls is restricted at all hours to residents, registered guests and authorized staff.)
Use of Storage Facilities on Campus
The University of Cincinnati does not permit use of any storage areas or facilities (such as lockers, cabinets, etc.) by anyone without express permission. Items found stored in violation of this section of the Use of Facilities Policy Manual will be confiscated and disposed of in accordance with the law concerning found property and/or contraband, as indicated by the type of property.
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GENERAL POLICIES PERTAINING TO THE USE OF UNIVERSITY FACILITIES The policies stated herein were developed by the Use of Facilities Policy Committee. They were approved by the Academic and Administrative Councils and the President of the University of Cincinnati and are administered and interpreted by the appropriate scheduling office. Appeals related to the application of these policies are to be referred to the Use of Facilities Policy Committee for review. These policies are not applicable to the Housing and Food Services Office or Hospital patient care areas which have their own separate policies.
The facilities of the University are the property of the State of Ohio, and are subject to all applicable state laws, rules and regulations.
Non-University individuals or groups can schedule use of University facilities within certain limitations.
The following priority is used for scheduling facilities:
1. Academic classes 2. Academic related activities 3. Activities sponsored or co-sponsored by the University of a University group. 4. Activities sponsored by a non-University group.
A non-University group may reserve facilities only if comparable facilities are not available commercially elsewhere in the local community. Requests by non-University groups for use of University facilities for activities which are in competition with the University’s educational or cultural offerings (classes, seminars, etc.), are not approved. Determination of whether competition exists is decided by the appropriate scheduling office in consultation with academic and administrative units.
The University of Cincinnati reserves the right to change facility assignments or to cancel any previously scheduled facility if such change or cancellation is made to meet University needs. The University is not responsible for any costs or damages suffered by a sponsoring group as a result of such change or cancellation.
Responsibilities of All Groups/Individuals Using University Facilities The sponsor must conduct an event in a manner that complies with all policies regarding the use of University facilities. The sponsor assumes total responsibility including, but not limited to financial and legal obligations for an event using University facilities. Specific smoking and use of alcohol regulations apply to University facilities and are detailed in Appendices B and C. Groups and individuals who sponsor an event are responsible for any loss or damage incurred by the University resulting from their occupancy of University facilities.
Rental Charges and Expenses A standard rental charge is made for the use of University facilities by a non-University group. No rental charge is made for the use of facilities for an event sponsored by the University or a University group held during hours when campus buildings are regularly open unless admission is charged or donations are requested. No rental charges are made for the use of facilities for events if the University is compensated through other direct methods, i.e., tuition, fees and/or
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grants. Rental charges may be obtained from the appropriate scheduling office. Student organizations sponsoring events involving admission charges or donations must obtain approval of the Student Activities and Leadership Development’s Financial Advisor. All rental charges are payable two weeks in advance of the event. Charges are assessed to all groups for direct expenses incurred as a result of occupancy beyond regular hours, special equipment, set-ups, services, and personnel required to service an event. All charges are based on the University Schedule of Charges for Use of Facilities on file in the appropriate scheduling offices. Requests for exceptions to established charges or advance payment are referred to the Use of Facilities Policy Committee.
Payment of all charges for the use of University facilities and services is the responsibility of the group and/or the agent representing the group. If the group does not meet its financial obligations to the University, the individual who requested use of facility is responsible for the payment. University groups which co-sponsor an event with a non-University group or organization are responsible for any financial and legal obligations incurred if not settled by the non-University group. Non-University groups must pay all outstanding charges within thirty (30) days following issuance by the University of a Statement of charges incurred unless otherwise stipulated in a signed contract.
Safety and Security Due to fire safety and building code regulations, stairways and corridors within buildings may not be used as gathering places or for holding events. Security requirements for all events using University facilities are determined by the University Department of Public Safety. Compliance with all safety and security laws is the responsibility of the sponsoring group or individual, but the University Police have the ultimate authority to insure compliance with all rules, regulations and laws. Persons present on University property are subject to the authority of the University Police. Non-University groups must obtain and maintain public liability insurance covering bodily injury and property damage in an amount to be determined by the appropriate scheduling office. A security deposit may be required.
The authority to determine the number of police/security personnel assigned to an event, their post/are of assignment, and their duties rests with the Department of Public Safety.
The University Police Officer assigned to an event shall insure compliance with safety rules, regulations, and laws. The use of firearms (including blanks), explosives, and/or pyrotechnics is prohibited without the express written permission of the Department of Public Safety.
Political Programs and Activities University groups may sponsor a political candidate for speaking engagements only. University facilities may not be used for political fundraising activities where solicitations of funds, donations or similar activities take place. No solicitation of funds may take place for the benefit of the sponsoring political organization and/or the political candidate. University facilities are not available to non-University groups for partisan political programs, receptions, fundraisers or similar activities.
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Fundraising Services of facilities are not available for fundraising purposes if the funds are designed solely to enrich an individual or commercial sponsor. This does not preclude fundraising activities in support of University groups or organizations.
Distribution of Printed Materials, Publicity, Promotional Methods, Posted Materials Individuals wanting to distribute printed materials on the West Campus grounds must first schedule the activity/distribution points in the Campus Scheduling Office. Distribution to the University community of printed materials, including fliers, handbills, and announcements, is limited to the northwest section of Mc Micken Commons, the sidewalk in front of Baldwin and the angled sidewalk on Sigma Sigma Commons (see diagram). In the interests of patient care, no distribution of printed materials is allowed on East Campus grounds.
Distribution must be done in an orderly manner and must not interrupt traffic on campus or otherwise interfere with the normal use of the area. Material distributed must have the name of the sponsoring person or group clearly indicated on the material. Individuals distributing printed materials are responsible for cleaning up debris in the areas affected. Non-University literature may be distributed to University employees only during the employees’ non-working time and in non-working areas with prior approval from Campus Scheduling on the northwest corner of McMicken Commons.
Advertising and promotional literature of events sponsored or co-sponsored by a University group must identify the specific University Department or Organization. All such material must be approved by the sponsor or co-sponsor prior to publication. Non-University groups may not use the University name, seal, logo, or other University identification in any advertising or promotional literature, except to note location of the event.
Any publicity within campus buildings must be registered by the appropriate office and/or person responsible for each bulletin board in the building. Posting is permitted on specified bulletin boards ONLY, not on walls or glass. Posters/fliers must be in reference to a University event or activity and must clearly state the name of the sponsoring group or organization. Posters/fliers must be removed immediately following the event.
Bulletin Boards Available West Campus Bulletin Board locations are on file at the Campus Scheduling Office. East Campus locations can be obtained from the appropriate Dean’s or Departmental office. Priority is assigned in the following order.
1. Official University events or activities 2. Events or activities sponsored by a recognized University group or unit. 3. Events or activities co-sponsored by a recognized University group or unit. 4. Events or activities sponsored by a non-University group, which may be of benefit or
interest to the campus community. Materials in this category are considered only if they do not conflict with University events and if space is available.
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Banners Banners advertising University events or sales that are scheduled in the Campus Scheduling Office can be displayed. Requests for banner displays are accepted January 1, for the ensuing academic school year Printing may list only the name of the event or sale, date, time, place and sponsor. Banners must be attractive, in good taste, and of general interest to the campus community. Banners carrying the name of an individual aspiring to an elected position not directly connected with the University are not permitted.
Recruiting and Information Tables Recruiting activities are scheduled through the appropriate scheduling office. When scheduling the event, the group is referred to the college office of each academic buildings involved to obtain approval. If the college office personnel determine the dissemination of information at the point desired interferes with traffic or internally planned programs, they may refuse the request. Groups scheduling recruiting activities in buildings other than Tangeman University Center furnish their own tables and chairs. Sales and Solicitation of Funds Groups wishing to conduct sales, or solicit funds must file a written application for approval with the Chair of the University Committee On Sales and Solicitation of Funds, and must adhere to the policies and rules contained in the University Sales and Solicitation Policy. Permission for a non-University group to contact sales is granted only if the group is co-sponsored by a University group, organization or department. No room-to-room soliciting is permitted at any time, at any location on campus. Sales may not be conducted in competition with the usual business of the University of its Departments. All sales and solicitation for funds shall be consistent with the educational and public responsibilities of the University. Gambling Gambling is prohibited on or within University buildings and grounds. Under the Ohio Revised Code, raffles may be allowed if they are conducted by organizations having 501 C (3) exemptions from the IRS. In order to conduct a raffle on campus, the group or organization must meet all applicable State and Federal requirements and must register with the Office of Campus Scheduling. Food Service Food service requests should be arranged through the appropriate scheduling office for each facility. For regulations governing the purchase and consumption of alcoholic beverages, see Appendix C.
Storage The University does not provide equipment storage for individuals or groups scheduling facilities. Equipment storage is the responsibility of the individuals or groups.
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Speakers, Speech and Assembly The following policies have been formulated to assure to all members of the campus community the right to inquire, to speak, to hear, and to assemble peaceably, reflecting the rights of academic freedom and the obligations of academic responsibility. All members of the University community shall honor the freedom of each individual within that community in matters of speech, learning, inquiry, hearing, and peaceful assembly. No one may interfere with the rights of others to pursue teaching, study, class attendance, research, learning, or administrative duties. Any University group may invite speakers to address their organization at any time. In the interest of intellectual integrity and academic responsibility, any group sponsoring a series of speakers should endeavor to present all sides of a controversial subject. The name of the speaker must be supplied on the scheduling application in the appropriate scheduling office no later than five days in advance of the meeting.
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Section I ACADEMIC FACILITIES Policies A particular academic facility may be used only for activities which are consistent with its basic design and purpose. Requests for reservations during times when a facility is not scheduled for University sponsored events are scheduled on a first-come, first-served basis.
West Campus The Office of the Registrar, Division of Registration and Scheduling, maintains the central file of some general purpose classrooms and seminar rooms and has scheduling authority in the rooms Monday through Friday, 7:30 a.m. to 6:30 p.m. This Division schedules rooms for the McMicken College of Arts and Sciences, the University College, the College of Education, the College of Engineering and the School of Social Work., This Division also schedules some space in the College of Business Administration, and the College of Design, Art, Architecture, and Planning. The College Conservatory of Music and the College of Law facilities are scheduled in their respective college offices. The College of Business Administration schedules academic space in Lindner Hall until class orders are submitted, then the Division of Registration and Scheduling assumes scheduling responsibility. The College of Design, Art, Architecture and Planning schedules use of its academic space with some assistance from the Division of Registration and Scheduling. The Campus Scheduling Office schedules the use of academic space for conferences, meeting and events when class is not in session and on weekends. The Division of Registration and Scheduling coordinates the scheduling of academic space for other courses convening after 6:30 p.m.
East Campus College of Medicine facilities in the Health Professions Building and the Medical Sciences Building may be used only when scheduled and confirmed in advance. An Application to Schedule Facilities must be completed for each event and submitted to the Medical Art and Design Services (MADS) for approval. Consideration for the use of facilities is given to complete, signed, written applications only. No oral requests will be honored. Final approval and rental charges for the use of facilities are based on the type and scope of the event, the financial arrangements, and the department or organization responsible for the event. Facilities are reserved “as is.” No arrangement of equipment, personnel, or services is included or implied with the confirmation of any College of Medicine facility. Facilities are not officially reserved until a signed confirmation copy of the application is received by the applicant from MADS.
College of Medicine academic classes and exams have the highest priority and supercede all other use of facilities. Monday-Friday 7:00 a.m. to 6:00 p.m., facilities are reserved exclusively for academic classes and exams, College of Medicine, Medical Center and University sponsored events only. Non-University events are not scheduled in the facilities during the academic day. After 6:00 p.m. Monday-Friday, and on weekends, consideration is given to non-University sponsored events for the use of Kresge Auditorium or Classroom E-351 only. No other College of Medicine facility is available for non-University events at any time.
The Colleges of Pharmacy and Nursing each schedule the use of their own facilities at the respective college office. Room reservations for the College of Pharmacy required courses,
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elective courses, seminars, and other programs are scheduled in preference to all other room reservation requests. Room reservations for the College of Nursing and Health must be made as far in advance as possible. Room assignments are made in a manner that will accommodate the number of students and best utilize the Procter Hall facilities. College of Nursing Health facilities may be reserved for conferences, meetings, or other special purposes on a one-time only basis. These reservations must be made far enough in advance to avoid conflict in scheduling. Requests for special arrangements of chairs, tables, etc., must be made two weeks in advance.
Branch Campuses Classrooms, seminar rooms, and laboratories are scheduled through the individual college offices. At Raymond Walters College, OMI College of Applied Science, and Clermont College, classrooms used for academic purposes are requested on a class order form or by memo through the college office. Classrooms for non-academic purposes are scheduled via memo or forms through the Business Office.
Procedures: Scheduling of teaching laboratories and special purpose rooms is accomplished through the individual departments or colleges responsible for those facilities. However, the usage of these rooms is reported to the Office of the Registrar, Division of Registration and Scheduling when the class orders are submitted. All requests for specific classrooms, seminar rooms and auditoria, must be directed to the Office of the Registrar, Division of Registration and Scheduling, on a class order form each quarter. A class order may be placed at any point in the quarter and students have access to the course through the registration process on the same day the class order is placed. To have the class published in “Learning Opportunities,” the schedule of classes, a class order must be placed by a specific deadline date three (3) to six (6) months in advance of the start of the quarter. If no room is available, the class order will not be entered and the college/department will be notified that the class order is being held until a room opens at the requested time or the department will be offered alternate, open time slots.
Each college and/or department is given preference in their own building or in adjacent buildings as space permits. Classes are scheduled into classrooms based on estimated enrollment when the mix of rooms available allows a match of the room with the estimated enrollment. Requests for the use of specific classrooms on a preferred basis may be made, but there is no guarantee that the specific room requested will be scheduled. Although the scheduling office prefers to keep all classes in the same room each quarter, the changing mix of course/selections each quarter including on quarter courses, and trailer courses, makes it impossible to keep all continuing courses in the rooms that they occupied in the Autumn Quarter.
Extra (all-quarter) one day meeting times called “extra rooms” for regularly scheduled academic courses are scheduled only after all other academic scheduling has occurred. One day meetings are currently not scheduled until the week before the quarter begins.
On the West Campus, large auditoria scheduling occurs once annually in January for the next academic year. Large auditoria request forms are delivered to all colleges and Arts and Sciences departments in December each year, and are due the first week of January. Scheduling is
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accomplished before February 1 so that college/departments know their large auditoria schedule in order to plan their other course requests before Autumn class orders are due. After the schedule for large auditoria is published, a course/section may not change the day or time. Remaining space may be requested for use by any college/department and it is granted whenever possible. The Office of the Registrar, Division of Registration and Scheduling has final authority to move course/sections if the need arises, especially if a larger course/section needs one of these large auditoria. On the East Campus, large auditoria scheduling arrangements are made though the college offices. Once the scheduling process of course/sections is completed for a quarter (about 45 days before classes begin), classroom assignments are sent to each college. Once room assignments are published and circulated, a college/department may request a room change. Since room assignments are published on schedule/bills, room changes should not be made unless absolutely necessary. The students receive no notice that a room change has occurred prior to going to the first class meeting where a room change sign is posted directing them to the new room. Room change requests are accomplished through the department or college to keep them updated as to the new location of the course. Room change requests are honored if a room is available that will accommodate the course/section enrollment. Over subscription due to closed course petitioning should be avoided. Classroom Time Blocks All undergraduate classes (excluding laboratories) are scheduled at regular times as defined below:
· Monday, Wednesday, Friday on the hour in 50 minute time blocks · Tuesday and Thursday on the hour or half hour in 1 ½ hour time blocks
Graduate courses may be scheduled in 2 to 3 hour time blocks, but they should begin and end on the hour Monday, Wednesday, and Friday or on the hour or half hour on Tuesday and Thursday.
Free Hours The University has a Free Hour on Tuesday and Thursday 12:30 p.m. to 2:00 p.m. For scheduling purposes, any course with a meeting time that crosses through that hour is considered as meeting during the Free Hour. Permission to use the Free Hour for classroom scheduling is given with the proviso that only multiple section courses are scheduled during that time period. The proviso is made primarily so that those students and faculty involved in campus activities may select another section if necessary. Colleges and departments which find it necessary to schedule a single section course during the Free Hour must request an exception to the Free Hour Policy. Such requests should be in writing to the Director of Registration and Scheduling. Written notification is sent to the requesting department following review.
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Section II NON-ACADEMIC FACILITIES
Procedures The Campus Scheduling Office, 265 Tangeman University Center (556-2442) is responsible for scheduling all University facilities including exterior open space on West Campus when they are not in use for academic purposes. The implementation of University policies and charges related to the use of facilities is also the responsibility of the Campus Scheduling Office. Individuals wanting to schedule meetings, conferences, workshops, institutes, concerns and other events requiring University facilities, housing, food services, parking, etc., must make arrangements in this office. College of Medicine facilities are scheduled by Medical Art and Design Services (MADS), Room E-401 MSB, 231 Bethesda Avenue, Cincinnati, OH 45267-0574, 588-0161. Facilities may be used only when scheduled and confirmed in advance. An Application to Schedule Facilities must be completed for each event and submitted to MADS for approval.
The scheduling of facilities on branch campuses and athletic facilities, including notification to the Campus Scheduling Office and the implementation of University policies regarding their usage, has been delegated to the offices listed in Section IV of this Manual.
Facilities are not officially reserved or confirmed until a signed confirmation copy of the application is received by the applicant from the office. An event should not be advertised or promoted until formal confirmation is received. If use of a reserved facility is to be cancelled, the sponsor or co-sponsor must notify the appropriate scheduling office as soon as possible and should also cancel arrangements for equipment, personnel, and services made in connection with the event. Written notice of cancellation or changes relating to an event should be received by the appropriate scheduling office no later than five (5) working days prior to the event. The sponsor and co-sponsor are responsible for all costs incurred by the University for events, which are reserved but subsequently cancelled.
1. Oral Request for Space: Oral requests for space may be made for classrooms and designated “pre-set” rooms within Tangeman University Center. A maximum of three dates may be reserved by telephone. All rooms “as-is” without equipment. Tentative requests for changeable rooms may be made by phone. An application must be submitted to confirm the reservation.
2. Written Request for Space: Changeable rooms, events, requiring more than three dates and events incurring charges must be submitted by application in order to be confirmed.
3. Confirmation: University facilities may be used only when scheduled and confirmed in advance. A facility is not officially reserved until the applicant receives written confirmation from the Campus Scheduling Office.
Please allow a minimum of five (5) working days notice for a written request. Ten (10) working days notice is required for reservations requiring security, electricians, media center technicians and table rentals (more than six (6) tables in Tangeman University Center and any tables in a university facility outside of Tangeman University Center. PLEASE
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DO NOT ADVERTISE FACILITIES UNTIL WRITTEN CONFIRMATION IS RECEIV ED.
4. Cancellations: The Campus Scheduling Office should receive Cancellations or changes of a confirmed meeting, function or event as soon as possible in writing. Organizations or departments will be held responsible for any charges incurred due to failure to cancel. In addition there will be a fee incurred for any group that does not cancel in writing with the Campus Scheduling Office a minimum of five (5) business days prior to their event. The Campus Scheduling Office reserves the right to cancel a confirmed meeting if it is found to be in competition with the University’s educational or cultural offerings.
Cancellation of events involving security, electrician and media center technicians must be made in writing a minimum of five (5) business days prior to the event. Organizations will be responsible for charges incurred if the Campus Scheduling Office does not receive notice, as outlined by the stated timeframes.
5. Food Service/Catering: If food service is desired in Tangeman University Center, arrangements must be made with the Catering Office in TUC (556-3135) after space has been reserved in the Campus Scheduling Office. A food service waiver must be obtained in advance from the Campus Scheduling Office for groups requesting special catering privileges. Tickets sold must clearly state the cost of the meal. If a catering waiver is approved Room Rental will apply.
6. Special Equipment or Arrangements: After an event has been scheduled, please contact the Campus Scheduling Office for any changes or additions in the original set-up requested. The use of media equipment outside Tangeman University Center must be arranged with the Media Center (556-1977).
7. The Campus Scheduling Office reserves the right to modify room assignments at the University of Cincinnati as necessary. However, every effort will be made to notify the applicant in a timely manner of any room modifications and to notify the applicant in a timely manner of any room modifications and to schedule compatible meeting space.
8. CHARGES: Information concerning charges governing the use of university facilities is available in the Campus Scheduling Office. Bills will be rendered in accordance with the university schedule of charges. Use of facilities will not be permitted until all outstanding financial obligations have been met. Payment of all bills will be the responsibility of the sponsor if the individuals or groups in charge of the event do not meet financial obligations incurred.
9. Please note, any equipment needs must be requested in writing in advance or you will incur a $100.00 rental fee if supplied the day of the event. There is also a 30 minute grace period for groups to arrive at their event at their scheduled time. Groups who arrive more than 30 minutes late for their event will be subject to a $100.00 late arrival fee. If the event occurs on a weekend, after 30 minutes the room will be secured and staff will no longer be available. If food or beverages are part of your event in TUC, it must
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be ordered through Classic Fare Catering at 556-3135. If food and beverages are brought into TUC from any outside source, room rental will be assessed and charged to the sponsoring organization.
10. RESPONSIB ILITIES OF GROUP USING UNIVERSITY FACILITIES: Groups will be held responsible for any loss or damage incurred while the facilities are reserved in their name. Assessments will be made accordingly.
11. SPONSOR RESPONSIB ILITY: Sponsor is defined as the individuals, department or organization within the university, which assumes total responsibility including, but not limited to, any financial and legal obligations, for a project or activity using facilities.
12. POLICIES REGARDING USE OF UNIVERSITY FACILITIES: Basic policies, in addition to those listed are on file in the Campus Scheduling Office and are administered and interpreted by this office. Questions regarding interpretation may be referred to the Use of Facilities Advisory Committee for consideration.
a. Gambling and Raffles – In any form are prohibited on or within the university buildings and grounds.
b. Smoking – Smoking is not permitted inside any campus facility.
c. Solicitation – Any recognized student group wishing to sponsor a vendor on campus must complete the appropriate forms in the Student Activities and Leadership Development Office.
13. PARKING: Guest parking is available in the College Conservatory of Music Boulevard Garage (off Corry Boulevard) the Clifton Court Garage (off Clifton Court), the Woodside Garage (on Woodside Drive), or the Campus Green Drive Garage (off Martin Luther King Jr. Avenue) on an hourly basis. The Campus Scheduling Office will supply the necessary forms to be returned to the Parking Office when special events are scheduled.
14. STUDENT ORGANIZATION:
1. Meetings or Events: Student groups must schedule all on-campus events in the Campus Scheduling Office. Selected events may require approval from the Student Activities and Leadership Development Office prior to receiving final confirmation by the Campus Scheduling Office. Groups incurring charges must have written approval from their faculty advisors prior to confirmation of any events.
2. Residence Hall Facilities: Residence hall facilities are not available to nonresidence hall groups during the academic year and may only be scheduled through the central office of Resident Education and Development.
Free Speech Area The northwest section (see diagram) of McMicken Commons immediately east of McMicken Hall on the West Campus is designated as the main free speech area. Individuals or groups wanting to use these areas must schedule the activity in the Campus Scheduling Office. Anyone violating this policy may be charged with trespassing. No more than one musical or speaking activity is permitted at the same time.
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Amplification Amplification is permitted only by University organizations at the following times and places:
Center sections (2) of McMicken commons or Bearcat Plaza, 12:30 p.m. to 2:00 p.m., Tuesday and Thursday, during the Autumn, Winter and Spring Quarters, but not during exam weeks, between quarters or during the Summer Quarter. Sigma Sigma Commons, Campus Green and Athletic Practice Field 12:30 p.m. – 2:00 p.m Tuesday and Thursday
5:00 p.m. – 11:00 p.m. Friday 12:00 Noon – 11:00 p.m. Saturday 12:00 Noon – 6:00 p.m. Sunday
Groups must contact Work Control for electrical service needs for these areas (556-6404). Each group may schedule in advance only two amplification dates per quarter. Groups may obtain an additional amplification date if there is an opening forty-eight hours before the desired date. The maximum sound level is to be 90 decibels. The sponsoring organization and/or the University Police are responsible for maintaining allowable sound levels.
Demonstrations, Picketing and Rallies Groups planning a demonstration picket or rally should contact the Campus Scheduling Office or the appropriate scheduling office to familiarize themselves with University policies governing the activity. Demonstrations, picketing or rallies must be scheduled in the appropriate scheduling office and may only take place on the northwest corner of McMicken Commons. Anyone requesting to demonstrate, picket or rally must give prior notice of ten (10) working days to the University Police. Such activities are not permitted inside any campus building. Bonfires require additional clearance from the scheduling office, the Department of Facilities Management, the Department of Public Safety, and the Cincinnati Fire Department.
Disruptive Conduct If classes or administrative functions of the University are being disrupted, the persons creating or inducing the disturbance, once notified by University Police, or the appropriate scheduling office, must bring their activities to a non-disruptive level. If the disruption continues, the University Police may require the crowd to disperse and/or speaker to terminate the program or activity.
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Section III ATHLETIC FACILITIES
Policies The playing and practice fields, tennis courts, organized recreational areas, swimming pool and facilities in Laurence Hall are scheduled by the Athletic Office, Room 316 Laurence Hall, 5565601 in cooperation with the Campus Scheduling Office. Facilities located in Shoemaker Center, except UCATS, are scheduled by calling 556-2170. Use of the UCATS facility for private meetings, dinners and parties is scheduled by calling 556-4884. The priority in scheduling Athletic facilities is as follows:
1. Academic classes 2. Varsity Games 3. Team practice sessions, visiting team practices and athletic events 4. Scheduled band practices 5. Intramural activities 6. Student free play recreation 7. University groups 8. Non-University groups
Exceptions to these policies must be negotiated between the Directors of Athletics and the Campus Scheduling Office. If an agreement cannot be reached, an appeal may be made by the Campus Scheduling Office to the Use of Facilities Policy Committee. Procedu res: University groups that charge admission to an event will be required to pay rent plus direct expenses when contracting for the use of athletic facilities. In situations where no admission is charged, the rental fee may be waived at the discretion of the Athletic Department. The Athletic Department bills the group and makes arrangements. The Cincinnati Recreation Commission is considered in the same category as a University group due to reciprocal benefit programs. All Cincinnati Recreation Commission events involving admission or entry fees are charged the standard rental fee plus expenses. Non-University groups are charged rental plus all direct and indirect costs in accordance with the Schedule of Charges.
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Section IV AREA SPECIFIC FACILITIES

Name of Facility

Academic Space – General Purpose Classrooms

Statement of Purpose (intended use)
General purpose rooms are centrally scheduled classrooms available to any academic unit needed to teach a course or section of a course.
Specific Policies which apply to this Facility
Course must be approved by the academic unit and entered on the Master Catalogue of Courses. Room requests must be submitted quarterly on class order form. Day courses must be requested in 50 minute time blocks beginning at 8:00 a.m. if M, W, F or 90 minute time blocks beginning on the hour or half hour if T/TH.
Priority of Usage (if any)
College and departments are given preference in rooms within their own building.

Contact: Phone Number: Office and Mail Location

How to schedule:
Administrative Support Specialist – Classes 556-6500 530-A University Pavilion, M.L. 0150

All other uses must be scheduled through Campus Scheduling Office. 17

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Name of Facility

African American Cultural & Research Center

Statement of Purpose (intended use)
The African American Cultural and Research Center is established as a community center of the University to serve the faculty staff and alumni, as well as the community at large.

Specific Policies which apply to this Facility
Reservations must be made 14 days in advance in accordance with the African American Cultural and Research Center reservation procedures.

Priority of Usage (if any)
In order of receipt of formal request for use.

Contact: Phone Number: Office and Mail Location

How to schedule:
Administrative Coordinator 556-1177 Sander Dining Facility, M.L. 0386

All other uses must be scheduled through Campus Scheduling Office.

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Name of Facility

College of Business - Lindner

Statement of Purpose (intended use)
Academic use by the College of Business Administration. Limited non-academic use.

Specific Policies which apply to this Facility
See Section I West Campus Academic Facilities.

Priority of Usage (if any)
College of Business academic classes and academic related activities get first priority.

Contact: Phone Number: Office and Mail Location

How to schedule:
Officer Manager 556-7003 102 E Lindner, College of Business, M.L. 0020

All other uses must be scheduled through Campus Scheduling Office.

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Name of Facility

CCM – Emery Hall, Corbett Auditorium, Patricia Corbett Theater

Statement of Purpose (intended use)
Academic usage by the College-Conservatory of Music. Limited non-academic use.

Specific Policies which apply to this Facility
See Section 1 West Campus Academic Facilities.

Priority of Usage (if any)
CCM academic classes and academic related activities receive first priority.

Contac: Phone Number: Office and Mail Location

How to schedule:
Associate Dean 556-6638 Corbett Hall, M.L. 0003

All other uses must be scheduled through Campus Scheduling Office.

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Name of Facility

Clermont College

Statement of Purpose (intended use)
Clermont College, a branch of the University of Cincinnati, is a community oriented stateassisted institution of higher education. As such, it encourages use of its facilities by College, community and other organizations for lawful purposes during those times when such use will not interfere with the regularly scheduled educational programs and other bona fide College activities.

Specific Policies which apply to this Facility
Check with the contact person listed below.

Priority of Usage (if any)
Academic classes Academic related activities Activities sponsored or co-sponsored by the University or a University group Activities sponsored by a non-University group

Contact: Phone Number:
Office and Mail Location

How to schedule:
Executive Staff Assistant 732-5286
106-B Clermont College, M.L. 0162

All other uses must be scheduled through Campus Scheduling Office.

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Name of Facility

DAAP

Statement of Purpose (intended use)
Academic usage by the College of Design, Art, Architecture and Planning.

Specific Policies which apply to this Facility
See Section 1 West Campus Academic Facilities.

Priority of Usage (if any)
Academic classes Academic related activities Activities sponsored or co-sponsored by the University of a University group Activities sponsored by a non-University group

Contact: Phone Number: Office and Mail Location

How to schedule:
Building Coordinator 556-1209 5415 Aronoff, M.L. 0016

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Name of Facility

Exterior/Open Space

Statement of Purpose (intended use)
Passive recreational use by students, faculty, and staff of the University.

Specific Policies which apply to this Facility
Must be a University event sponsored by a department, administrative office, committee, recognized student organization or other official unit of the University of Cincinnati. Student organizations must have departmental approval or approval of a faculty advisor and University budget account number if charges are involved with the event.

Priority of Usage (if any)
University sponsored events will have priority over all non-University events. Events with registration or admission fees will be charged rental fees for the use of open space.

Contact:
Phone Number: Office and Mail Location

How to schedule:
Administrative Support Specialist Office of Campus Scheduling
556-2442
260 Tangeman University Center, M.L. 0220

Name of Facility

The Cincinnati Faculty Club

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Statement of Purpose (intended use)
The Cincinnati Faculty Club is available for use by members and their guests or for University groups, departments or organizations. Food service is available.
Specific Policies which apply to this Facility
Specific policies which apply are published in a special Cincinnati Faculty Club brochure available from the contact person listed below.

Priority of Usage (if any)
Use by members Use by University groups, departments or organizations

Contact: Phone Number: Office and Mail Location

How to schedule:
Director of Catering 556-4154 Richard Lindner Center, M.L. 0106

Name of Facility

Faculty Conference Center – East Campus

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Statement of Purpose (intended use)
To support the educational goals of the Medical Center by providing dining and meeting facilities.
Specific Policies which apply to this Facility
Reservations must be made by member departments or individual members.

Priority of Usage (if any)
For the use of Medical Center, Hospital Administration and Medical Center Faculty Departmental meetings (most people attending should be eligible for FCC membership or be non-Medical Center guests).

Contact: Phone Number: Office and Mail Location

How to schedule:
558-8609 MSB 101, M.L. 0716

Name of Facility

Fieldhouse and Laurence Hall

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Statement of Purpose (intended use)
To be used for classes, intramural use, recreation, varsity teams, ROTC, AROTC, cheerleaders and any University groups. A multi-purpose facility.
Specific Policies which apply to this Facility
All are to be University groups.

Priority of Usage (if any)
Classes Varsity Teams Recreation and Intramurals Summer Camps University Groups
Contact Person:
Phone Number:
Office and Mail Location

How to schedule:
556-5601 316 Laurence Hall, M.L. 0021

Name of Facility

College of Medicine – Kresge Auditorium

Statement of Purpose (intended use)
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Academic classes and exams.
Specific Policies which apply to this Facility
Non-University events may be scheduled during the day. Lobby area will not be scheduled if an activity is going on inside the Auditorium. No dressing or storage facilities. No food or beverages.

Priority of Usage (if any)
Academic classes Exams College of Medicine Medical Center University Events Non-University events
Contact: Phone Number: Office and Mail Location

How to schedule:
Library Associate II. 558-4186 Room E-001, MSB, M.L. 0574

Name of Facility

Langsam Library

Statement of Purpose (intended use)

The Langsam Library serves as the main the library of University of Cincinnati Libraries and provides the information resources and services in education, business, and the humanities and social sciences necessary for research and instruction. In addition to study carrels and tables, group study rooms, and faculty study rooms are provided.

The UCit@Langsam 24x7 study and computing lab resides on the 500 level of Langsam Library. UCit@Langsam is a joint project of University of Cincinnati Libraries and the University of
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Cincinnati Information Technology (UCit) that combines the expertise and experience of both staffs to coordinate and increase access to information and technology.
Also located within Langsam Library, and a partner in many library collaborations, is The Center for the Enhancement of Teaching & Learning (CET&L). CET&L serves the University’s teaching faculty and graduate teaching assistants. The goal of the Center is to create development opportunities that enhance teaching and improve student learning.
Specific Policies which apply to this Facility
All rooms within Langsam Library are scheduled by the library; there are no centrally scheduled rooms.
Group study rooms (503-504 and 602-607) are available on a first-come first-serve basis to students and staff. These rooms can accommodate between 6-12 people. Reserve group study rooms (541-544) are also available in the UCit@Langsam study and computing lab. To reserve a groups study room within the 24x7 space please contact UCit@Langsam at 556-0168.
Media viewing room 502 is available to small groups of students and small classes to view projected medium. The room is equipped with a 27’ TV, DVD/VHS player, and data projector. This room can accommodate up to 12 people. To reserve this room for video viewing please contact the Circulation Services Department at 556-1424.
Conference rooms 671 and 571 are primarily used for University Libraries’ faculty and staff. These rooms can accommodate up to 35 people. Other academic departments may inquire about using the room for one time meetings by contacting the Office of the Dean and University Librarian at 556-1515.
Instruction room 480C is intended for use by University Libraries and CET&L. The room is primarily to be used for instruction, but may also be used for other activities sponsored by UL or CET&L. To inquire about room use call CET&L at 556-3053.
Priority of Usage (if any)
All rooms within Langsam Library are scheduled by the library, or our partners UCit and CET&L (see info above); there are no centrally scheduled rooms.
Smoking is not permitted.
Beverages in closed containers (bottled water, travel mugs, sodas, coffee cups with lids, thermoses, etc.) are permitted in Langsam Library. Those who consume beverages in the libraries are asked to contact the person at the nearest service desk for assistance if they accidentally spill a beverage. Drinks are not permitted in the following areas:
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The Student Technology Resource Center Classrooms
Consumption of food is prohibited in library facilities. University of Cincinnati Libraries provides Langsam Library space both on the outside patio and in the 5th floor lobby, for patrons to consume food. Anyone who violates these policies will be asked to dispose of their food and drink, or leave the building.
How to schedule:
Group Study 503-504 and 602-607are available on a first-come first-serve
Reserve group study rooms 541-544 – UCit@Langsam, 556-0168
Media Viewing room 502 – Circulation Services Department, 556-1424
Conference rooms 671 and 571 – limited availability, call Office of the Dean and University Librarian, 556-1515
Instruction room 480C – limited availability, instruction purposes only, one-time classes considered. Call CET&L at 556-3053 to inquire.

Name of Facility

College of Law

Statement of Purpose (intended use)
Academic use by the College of Law. Limited non-academic use.
Specific Policies which apply to this Facility
See Section I. West Campus Academic Facilities.

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Priority of Usage (if any)
College of Law academic classes and academic related activities get first priority.

Contact: Phone Number: Office and Mail Location:

How to schedule:
Assistant Director Academics 556-0063 Room 200 College of Law, M.L. 0040

Non-Academic use scheduled by Office of Campus Scheduling

Name of Facility

Medical Science Building (MSB) – Including Levine Park

Statement of Purpose (intended use)
College of Medicine academic usage.

Specific Policies which apply to this Facility
Only Kresge Auditorium and Classroom E-351 can be used for non-University events and only after 6:00 p.m. Monday-Friday and weekends.

Priority of Usage (if any)
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College of Medicine academic classes and exams.

Contact: Phone Number: Office and Mail Location

How to schedule:
Library Associate II. 558-4186 Room E-001, MSB

Name of Facility

Russell C. Myers Alumni Center

Statement of Purpose (intended use)
Primary use by alumni groups and organizations and units affiliated with the University.

Specific Policies which apply to this Facility
User fees are charged and food service is available from approved caterers.

Priority of Usage (if any)
The Russell C. Myers Alumni Center is available for use by constituent alumni groups and alumni organizations, University departments and the general public.

Contact:

How to schedule:
Executive Staff Assistant 31

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Phone Number: Office and Mail Location

556-4344 Myers Alumni Center, M.L. 0024

Name of Facility

Nippert Stadium – Baseball Stadium – Fields 1, 2, 3

Statement of Purpose (intended use)
For use by classes taught by the University of Cincinnati, varsity teams, intramural

Specific Policies which apply to this Facility
To be used primarily by the above mentioned groups. Rental of any of the above mentioned facilities will be considered based on availability.

Priority of Usage (if any)

Classes Varsity Teams Recreation and Intramurals Summer Camps University Groups Outside Groups

How to schedule:

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Contact Person: Phone Number: Office and Mail Location

James Kelly 556-5601 316 Laurence Hall, M.L. 0021

Name of Facility

Non-Academic Space

Statement of Purpose (intended use)
To provide rooms which have the necessary amenities for holding meetings, receptions, and conferences for the campus community.

Specific Policies which apply to this Facility
Non-University related events may request the use of interior spaces, however, the organization must fall within the University guidelines and must not conflict with the sex, race, or other discrimination policies and must be prepared pay applicable rental, security and housekeeping charges.
Priority of Usage (if any)
Priority will be given to functions which involve and are sponsored by a department, administrative office, committee, recognized student organization or official unit of the University.

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Contact:
Phone Number: Office and Mail Location

How to schedule:
Administrative Support Specialist Office of Campus Scheduling
556-2442
260 Tangeman University Center, M.L. 0220

Name of Facility

College of Nursing & Health

Statement of Purpose (intended use)
Academic usage by the College of Nursing and Health.

Specific Policies which apply to this Facility
Rooms may be reserved for conferences, meetings or other special purposes by College of Nursing and Health faculty on a one-time only basis.

Priority of Usage (if any)
College of Nursing and Health Other organizations
How to schedule:
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Contact: Phone Number: Office and Mail Location

558-5635 Room 413 Procter Hall, M.L. 0038

Name of Facility

Observatory – Hyde Park

Statement of Purpose (intended use)
Educational
Specific Policies which apply to this Facility
Contact Physics Department for all details.

Priority of Usage (if any)
Contact Physics Department for all details.

Contact Person: Phone Number:

How to schedule:
Donna Deutenberg 556-0501

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Office and Mail Location

400 Geology-Physics, M.L. 0011

Name of Facility

OCAS – Victory Parkway Campus

Statement of Purpose (intended use)
Academic use by the College of Applied Science.
Specific Policies which apply to this Facility
See General Policies pertaining to the Use of University Facilities.

Priority of Usage (if any)
Academic classes Academic related activities Activities sponsored or co-sponsored by the University or a University group Activities sponsored by a non-University group

How to schedule:

Contact Person:

Associate Dean’s Office

Phone Number:

556-6580

Office and Mail Location

Room A-208 CAS, M.L. 0103

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Name of Facility

Old OCAS – Central Parkway and Walnut Street

Statement of Purpose (intended use)
Lower level machine shop – art exhibits Room 12 – receptions and meetings.
Specific Policies which apply to this Facility
All University Policies which apply to special use space.

Priority of Usage (if any)
UC faculty, students, administration UC sponsored programs Non-University users/public

Contact Person: Phone Number: Office and Mail Location

How to schedule:
Office of Campus Scheduling 556-2442 265 Tangeman University Center, M.L. 0015
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Name of Facility

Old Shriners Rooms #26 (Auditorium) & 25

Statement of Purpose (intended use)
Academic: Classes and exams.
Specific Policies which apply to this Facility
Non-University events may be scheduled daily. No dressing or storage facilities.

Priority of Usage (if any)
Classes – C.O.M. Exams – C.O.M. Medical Center Classes/Exams University Events Non-University Events

Contact Person: Phone Number: Office and Mail Location

How to schedule:
Linda Young 558-5447 Room #-401 MSB, M.L. #0574

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Name of Facility

Parking Lots and Garages

Statement of Purpose (intended use)
Although the primary purpose of the parking lots and garages on the University of Cincinnati campus is for the parking of vehicles during class times and University sponsored events, these facilities, under the supervision of Parking Services, may be reserved for co-curricular activities.
Specific Policies which apply to this Facility
An Application to Schedule Facilities must be completed and returned to the Office of Campus Scheduling. Interested parties much keep in mind that the application will need to be authorized through Parking Services and will require additional time and planning. Parking Services will make every attempt to accommodate the request for such facilities. Determination of these facilities will be made on a case-by-case basis and will be considered according to the availability of the parking lot/garage by other events scheduled on campus.

Priority of Usage (if any)
For specific information on scheduling parking lots and garages on the University of Cincinnati campus, please contact the Parking Services Office at 556-2283.

Contact Person: Phone Number:

How to schedule:
Office of Campus Scheduling* Julie – Parking Services Office**
556-2442* 556-2283**
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Office and Mail Location

265 Tangeman University Center, M.L. 0015* Four Edwards, M.L. 0160**

Name of Facility

College of Pharmacy

Statement of Purpose (intended use)
Academic use for courses and seminars.
Specific Policies which apply to this Facility
See Section I Academic Facilities Policies.

Priority of Usage (if any)
College of Pharmacy required courses, elective courses, seminars, and other programs will be scheduled in preference to all other room reservation requests.

Contact Person: Phone Number: Office and Mail Location

How to schedule:
Receptionist 556-0501 136 Health Professions Building, M.L. 0004

Name of Facility

Raymond Walters College – Muntz Hall, Flory Center

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Statement of Purpose (intended use)
Academic use by Raymond Walters College. Limited non-academic use.

Specific Policies which apply to this Facility
Check with appropriate contact person listed below.

Priority of Usage (if any)
Academic classes Academic related activities Activities sponsored or co-sponsored by the University or a University group Activities sponsored by a non-University group

How to schedule:

Contact Person:

(Academic/Non-Academic): Debbie Miller

Phone Number:

745-5685

Office and Mail Location

Room 107 Raymond Walters College, M.L. 0086

Contact Person

(Flory Center):

Secretary to Associate Dean

Phone Number

745-5682

Office and Mail Location

Room 8, Flory Center, M.L. 0086

Name of Facility

Shoemaker Center

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Statement of Purpose (intended use)
Multi-purpose facility designed to promote varsity athletics, intramural and recreational activities, student and faculty sponsored events, concerts and other outside special events.
Specific Policies which apply to this Facility
Rent and expenses will be charged for all events held in the arena. Rental fee may vary with the type of event.

Priority of Usage (if any)
Varsity athletic contests Academic classes Team practice sessions Intramurals and recreation University sponsored events Outside special events
Contact Person: Phone Number: Office and Mail Location

How to schedule:
Scott Wilholt 556-2170 329 Shoemaker Center, M.L. 0021

Name of Facility

Swimming Pool Laurence Hall

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Statement of Purpose (intended use)
To be used primarily by the above mentioned groups before any outside groups can be considered.
Specific Policies which apply to this Facility
All University Policies which apply to special use space.

Priority of Usage (if any)
Classes Varsity Sports Intramurals Recreation camps during the summer University groups Outside groups

Contact Person: Phone Number: Office and Mail Location

How to schedule:
James Kelly 556-5601 316 Laurence Hall, M.L. 0021

Name of Facility

UCATS Club

Statement of Purpose (intended use)
To provide special dining, meeting and entertainment facility for activities associated with Shoemaker Center events. The facility may be used on evenings when no event is being held in Shoemaker Center.
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Specific Policies which apply to this Facility
Rental fee and expenses to be determined by the Director of the UCATS organization. Catering must be used through the UCATS caterer at the time of the rental of the facility.

Priority of Usage (if any)
UCATS Board of Trustees Varsity contests Outside special events UCATS members University community Outside groups
Contact Person:
Phone Number:
Office and Mail Location

How to schedule:
Scott Wilholt 556-2170 320 Laurence Hall, M.L. 0021

*Definitions *Individual Policies

APPENDICES:

Appendix A – DEFINITIONS Academic facilities are classrooms, auditoria, studios and laboratories, which have the capacity and amenities for holding academic courses.
Athletic facilities are the playing and practice fields, track, locker rooms, swimming pool, gymnasiums, tennis courts, racquetball courts, weight rooms, organized recreational areas and other areas located in Laurence Hall, Armory Fieldhouse, Nippert Stadium, or Shoemaker Center.
College/Departmentally controlled rooms are laboratories and specifically equipped classrooms in which only courses of a specified college/department are scheduled. Office of the Registrar, Division of Registration and Scheduling will not schedule other courses in these rooms

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except on an emergency basis and only after checking with the college or department prior to scheduling the room. All rooms on the East Campus fall into this category.
A co-sponsor is the University department or faculty/student organization which attests to the credibility of the non-University sponsor and assumes joint responsibility for payment of outstanding debts incurred and not settled by the non-University sponsor. All co-sponsored events must be approved by the appropriate department head, dean, or vice-president.
Exterior open space is outdoor space surrounding or surrounded by University buildings and provided for passive, unorganized recreational use by students, faculty, and staff of the University. Such spaces can be open lawns, greens, yards or plazas that are landscaped with either planted materials and/or hard surfaces. Specific exterior open spaces covered by this policy are as follows:
Blegen Lawn (west of Blegen Library) McMicken Commons (east of McMicken Hall) Jefferson Quad (south of Sander Dining) Library Square (north of Rhodes Hall) McMicken Lawn (west of McMicken Hall) University Court or Fieldhouse Commings (north of Armory Fieldhouse, including grand stairs) Martin Luther King Green (from Clifton and Martin Luther King intersection to Langsam) Campus Green (formerly Parking Lot #1) The Braid (running from Campus Green to McMicken Commons) Teacher’s College/Dyer Quad (surrounded by Teacher’s College/Dyer Hall) Nautilus Plaza CCM Plaza
General purpose classrooms on the West Campus are the non-laboratory, general use classrooms for which the Office of the Registrar, Division of Registration and Scheduling has scheduling authority from 8:00 a.m. to 6:30 .m. Monday through Friday. After 6:30 p.m. and on weekends, the _ has scheduling authority. On the East Campus and branch campuses, generalpurpose rooms are under the control of the college or department.
Non-academic facilities are rooms or open public areas which have the capacity as well as necessary amenities for holding meetings, receptions, etc. These spaces generally consist of meeting/seminar rooms, lounges, student gathering spaces, etc.
A non-University group is any group not affiliated with the University of Cincinnati.
Preferentially scheduled rooms exist on the West Campus. In these rooms, colleges and departments have first option to schedule courses. In order to guarantee preferential scheduling in these rooms, colleges/departments must have submitted their requests for these specific rooms on a class order form that must be submitted at the time class orders are due on the West Campus. Later requests for space in a preferential room may not be honored.
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Appendix B – INDIVIDUAL POLICIES
ALCOHOL POLICY Introduction It is the goal of the University of Cincinnati to maintain an on-campus environment that shall be conducive to the intellectual, emotional and social growth of all members of its community. The University of Cincinnati has established the following policy governing the possession, sale and consumption of alcohol on its campuses. It is the University’s intention through these policies to be clear about University consequences attributed to irresponsible or illegal usage of alcohol on campus.
Policy The University shall implement and enforce the laws of the State of Ohio as stated in the Ohio Revised Code. It is the responsibility of each student, staff and faculty member to be familiar with the requirements of the Ohio Revised Code and the provisions of this policy and to conduct themselves accordingly.
As permitted by law, individual students, faculty and/or staff may purchase, possess and/or consume beer or intoxicating liquor on campus at certain campus events, in designated campus facilities and in campus facilities having permits issued by the Ohio Department of Liquor Control.
RESTRICTIONS IN THE OHIO REVISED CODE INCLUDE THE FOLLOWING: (1) It is unlawful for a person under 21 years of age to purchase, consume, possess, or transport any beer or intoxicating liquor. (2) It is unlawful to knowingly and falsely misrepresent one’s age to obtain alcoholic beverages and/or to misrepresent that another is of legal age for such purpose. (3) It is unlawful to have in one’s possession in a public place without a permit an open container of beer or intoxicating liquor. (4) It is unlawful to possess an open container and/ or consume any beer or intoxicating liquor in a motor vehicle. (5) It is unlawful to serve, distribute beer and /or intoxicating liquor to a minor.
These laws are contained in Chapter 4301 of the Ohio Revised Code. The complete text of the state liquor laws and administrative regulations may be obtained from the Department of Public Safety, Campus Library or the Ohio Department of Liquor Control.
Student Organizations will be permitted to schedule and/or sponsor on-campus events at which alcohol would be available only at those locations having permits issued by the Ohio Department of Liquor Control.
Student Organizations that sponsor off-campus events are expected to adhere to state law. Organizations found to have violated state law may be subjected to the loss of registered status.
Administrative and academic units (colleges, departments) are permitted to schedule and/or sponsor events at which beer or intoxicating liquor would be available only in designated areas
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within those units and only with the approval of the unit head. These events may not be all campus events and must adhere to regulations established for on-campus events.
Policy for Campus Events The following regulations must be followed at on-campus events at which beer or intoxicating liquor are served and/or sold.
(1) The events must be properly authorized by the administrative unit responsible for the facility(s) to be used.
(2) Consumption and/or sales shall be permitted only within the approved area for the event. These areas must physically segregate the event from public access.
(3) Non-alcoholic beverages shall be available at the same place as alcoholic beverages and featured as prominently as the alcoholic beverages.
(4) The sponsors of the event shall implement precautionary measures to ensure that alcoholic beverages are not accessible or served to persons under the legal drinking age or to persons who are intoxicated.
(5) The sponsors of the event must require proof of legal age for those individuals in question as to legal age.
(6) Marketing, advertising and promotion of events with alcoholic beverages being served should not emphasize the serving of alcohol and/or have any drinking games associated with the event.
Management of licensed facilities on-campus reserves the right to limit consumption and/or sales at events in designated facilities.
Outdoor locations which may be considered are Blegen Lawn, CCM Plaza, Lindner Plaza, Nautilus Plaza (includes Zimmer Lobby for rain backup), and University Commons-Kingsgate. Campus Green, Sigma-Sigma Commons.
Organizations must acquire an F-2 permit to sell alcoholic beverages. The application must be signed by the Director of Public Safety and the Office of General Counsel.
Policy Violations and Sanctions Individuals and organizations found in violation of University Regulations will be subject to disciplinary action and may be subject to action outlined in the Ohio Revised Code.
AMPLIFICATION POLICY Amplification is permitted only by University organizations at the following times and places:
Center sections (2) of McMicken Commons, 12:30 p.m. to 2:00p.m., Tuesday and Thursday, during the Autumn, Winter, and Spring Quarters, but not during exam weeks, between quarters, or during the Summer Quarter.
Sigma Sigma Commons, Campus Green, and Athletic Practice Field 11:00a.m.- 4p.m. Monday and Tuesday 11:00a.m.- 11p.m. Friday and Saturday 12 noon- 6pm Sunday
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Groups must contact Work Control for electrical service needs for these areas (556-6404).
Each group may schedule in advance only two amplification dates per quarter. Groups may obtain an additional amplification date if there is an opening forty-eight hours before the desired date. The maximum sound level is to be 90 decibels. The sponsoring organization and/or the University Police are responsible for maintaining allowable sound levels.
Demonstrations, Picketing, and Rallies Groups planning a demonstration, picket or rally should contact the Campus Scheduling Office or the appropriate scheduling office to familiarize themselves with * University policies governing the activity. Demonstrations * picketing or rallies must be scheduled in the appropriate scheduling office. Anyone requesting to demonstrate, picket, or rally must give prior notice of five working days to the University Police. Such activities are not permitted inside any campus building. Bonfires require additional clearance from the scheduling office, the Department of Facilities Management, the Department of Public Safety, and the Cincinnati Fire Department.
Disruptive Conduct If classes or administrative functions of the University are being disrupted, the persons creating or inducing the disturbance, once notified by University Police, or the appropriate scheduling office, must bring their activities to a non-disruptive level. If the disruption continues, the University Police may require the crowd to disperse and/or speaker to terminate the program activity.
USE OF FACILITIES BANNER POLICY

Prior to ordering or making a banner, a Requesting Organization must contact the appropriate department listed below and follow all banner specifications, instructions and approval processes.

Facilities:

Contact:

Banner Approval Processes Required Specifications, Instructions:

Athletic Facilities:

Athletic Facilities Contact:

Contact:

· Armory Fieldhouse · Fifth Third
Arena/Shoemaker Center · Gettler Stadium · Marge Schott Baseball Field · Nippert Stadium

University of Cincinnati Dan Krone Director of Facilities & Operations Athletics Department
Telephone: (513) 556-3541

University of Cincinnati Dan Krone Director of Facilities & Operations Athletics Department
Telephone: (513) 556-3541
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Campus Facilities (excluding Athletic Facilities) located on:
· Uptown (West) Campus Facilities
· Academic Health Center (East Campus) Facilities

Campus Facilities Contact:
University of Cincinnati Campus Scheduling Office
Delivery Address: Room 265Tangeman University Center
Need Mailing Address :
Telephone: (513) 556-2442 Fax: (513)

Refer to the following information listed in this policy.

A. BANNER APPROVAL PROCESS for all campus facilities on Uptown (West) Campus and Academic Health Center (East Campus) (excluding Athletic Facilities).
The Requesting Organization will be required to provide the Campus Scheduling Office (CSO) with the following information: 1) What is the requested schedule for installation of the banner(s)? Reservations are
conditional upon space availability and suitable weather. 2) Does the banner follow the required banner specifications? (Banners MUST follow
Specification listed below) 3) What does the banner advertise/promote? Banners should only advertise/promote
university events or sales. 4) When is the event or sale? Banner may not be hung more than ten (10) days prior to the
scheduled event. 5) What is the duration of the display? Banners will only be on display for two consecutive
weeks per academic term. 6) What will be displayed on the banner? Banner print should list only the name of the
event or sale, date, time, place and sponsor. Banner(s) carrying the name of an individual aspiring to an elected position, not directly connected with the university, will not be approved. 7) What is the UC Department or Organization affiliation? There may be a fee assessed based upon funding source and/or the event’s sponsor. 8) Where does the Requesting Organization want to display the banner? A limited number of approved banner locations have been designated by the University Architect's Office for display use. 9) Will the banner require installation by someone other than a UC carpenter? If someone other than a UC carpenter is proposed to install a banner, CSO will notify UC’s Facilities Management (FM) in order for the FM Carpenter Shop to oversee the installation process and to assure UC's interests and safety concerns. Outside vendors may damage buildings and heavy trucks may damage sprinkler heads and/or landscape features. The FM
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Carpenter Shop has developed preferred methods of anchoring which leaves minimum traces of banner displays on buildings. 10) CSO will require the Requesting Organization to mail, fax or deliver a written layout of the proposed banner to Paul Joyce (Paul.Joyce@uc.edu) to verify that the banner will be produced to specifications. Banner material must be suitable for exterior display considering all factors of installation, exposure to weather conditions and durability for duration of display. 11) The Requesting Organization will receive written confirmation from CSO that the banner is approved for display once all required information is reviewed and approved by CSO.
NOTE: a) Any deviation from the above Banner Approval Process must be approved in advance
in writing by CSO.
b) The Requesting Organization is advised to delay production of the banner until they have received written confirmation from CSO that the banner will be displayed.
c) Reservations will be cancelled if the banner is not delivered to the CSO two (2) business days prior to display date.
B. REQUIRED BANNER SPECIFICATIONS: 1. Banner may only advertise/promote university events or sales. 2. Banner may be scheduled for display for no more than two consecutive weeks per academic term at a display location. 3. Banner print may only list the name of the event or sale, date, time, place and sponsor. 4. Banners may only be painted with waterproof paints and must be dry prior to delivery to the Campus Scheduling Office. 5. Banners which have been painted more than twice will not be hung. 6. Banner material must be suitable for exterior display and must consider all factors of installation, exposure to weather conditions and durability for duration of display. 7. Banner edges must be reinforced (double-sewn edges) for exterior displays. 8. Where applicable, banners must have 6-inch semi-circles cut every 3 feet to reduce wind resistance. 9. Maximum banner size must not exceed 4 ft. x 12 ft. Size permits vertical or horizontal displays, and in some locations two banners can be displayed side by side. 10. All banners must have grommets spaced 24 inches on center along all perimeter edges of banner to assure proper anchor points. . 11. Maximum display height from the lawn or plaza to the top line of a banner cannot exceed 20 ft. (lift or extension ladder would be required for installation). 12. The Department or Organization’s name must be clearly visible on the banner.
NOTE: Any deviation from the above Banner Specifications must be approved in advance in writing by CSO.
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C. INSTRUCT IONS FOR BANNER DELIVERY AND PICKUP:
1. Banner Quality - Rolling banners on a cardboard tube will minimize permanent wrinkles or folds affecting the quality of the display.
2. Banner Delivery - Approved banners must be delivered to CSO two (2) business days prior to scheduled display date.
3. Banners must be picked up two (2) days after scheduled display date from CSO unless special arrangements have been made. Banners will be disposed of if not picked up on the designated date.
NOTE: Any deviation from the above Banner Instructions must be approved in advance in writing by CSO.
The University of Cincinnat i assumes no responsibility for the condition of a banner after its use. Banners will be held two (2) business days after the event, after which they will be discarded, unless special arrangements have been made in advance.
BICYCLES, SKATEBOARDS and IN-LINE SKATES
Bicycles, Skateboards and In-Line Skates are permitted only as a means of transportation on UC campuses. No “trick riding” is permitted. The use of such devices in areas other than roadways and sidewalks, including inside buildings, is strictly prohibited. University campuses are primarily pedestrian environments and pedestrians have the right of way. All regulations and laws applicable to the use of such devices on city streets and state highways also apply on campus. Violators will be cited to municipal court for traffic violations, referred to the University Judicial Officer for violation of the Student Code of Conduct, and/or asked to leave University property. Continued activities prohibited by this policy may result in a charge of Criminal Trespassing.
CHALKING
Chalking by a registered university group is permitted on the McMicken Commons’ concrete sidewalks ONLY for no more than 5 consecutive days. Only water soluble chalk can be used. To obtain approval an official representative from a registered student organization must reserve the space through the Campus Scheduling Office (556-2442) located in Suite 205 Tangeman University Center. Chalking anywhere else on campus or without a reservation is prohibited and will incur fees for clean-up. Offensive chalking is prohibited and will incur fees for cleanup.
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UNIVERSITY of CINCINNATI STUDENT DANCE POLICY
All student organizations registered with the Office of Student Activities and Leadership Development are eligible to use approved University of Cincinnati facilities for scheduled dances. All dances in University facilities shall be conducted using the following rules. Each student group must adhere to them to insure continued use of these facilities:
METAL DETECTORS AND VIDEOCAMERAS WILL BE USED AT SCHEDULED DANCES.
A. SCHEDULING REQUIREMENTS
1. Each registered student organization (RSO) must submit an ‘Application to Schedule Facilities’ to the University Campus Scheduling Office. All dances must be scheduled ten (10) working days prior to the event. Officer (s) of the RSO sponsoring the dance must meet with staff from the University Campus Scheduling Office at least five (5) working days prior to the dance to review policies and procedures. This meeting must take place during university business hours between 8:00 a.m. and 5:00 p.m., Monday though Friday. Failure to meet this requirement will result in cancellation of the event.
2. Dances in approved University facilities sponsored by RSO’s must have an approved beginning and end time.
3. RSO’s are permitted to schedule one dance per week, a maximum of 2 dances per quarter unless otherwise approved by the Student Activities and Leadership Development Office in consultation with the University Campus Scheduling Office.
4. If admission is charged, the admission cost must remain the same for the entire event.
B. CONTACT PERSON
1. The RSO sponsoring the dance must designate a contact person for its group. The contact person is responsible for overseeing the operation of the RSO’s dance, from the predance meeting until the conclusion of the debriefing at the end of it. This includes assisting with crowd control. Any problems that arise should be reported to the Department of Public Safety officers on duty as soon as possible.
2. Each RSO is responsible for any damage to the facility occurring during its scheduled time and will be billed accordingly.
3. An advisor who is a full-time faculty or staff member, or a designated graduate member of the alumni chapter of the sponsoring organization must be present for the entire event.
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a. NPHC dances must be represented by a member of the staff of the Office of Student Activities and Leadership Development serving in an advisory capacity.
C. CANCELLATIONS
1. Cancellations must be made in writing to University Campus Scheduling Office at least 48 hours prior to the scheduled date of the dance. For example, dances that are scheduled on Friday evenings must be cancelled by noon on the preceding Wednesday and Saturday evening dances must be cancelled by noon on the preceding Thursday. If the RSO fails to notify the University Campus Scheduling Office of a dance cancellation, in writing, the student organization will lose its privilege for holding dances for a ten week period. Additionally they will be assessed the cost for two hours of security fees, $100 for failure to cancel through Campus Scheduling and other associated costs. Charges will be placed on the organization‘s account, which may result in organizational officers being held accountable for the delinquent charges associated with the dance.
2. The Office of Campus Scheduling management will consider acts of God and/or inclement weather in the enforcement of the cancellation provisions.
D. SECURITY
1. Any activity that can be interpreted as a dance will require Public Safety officers to be in attendance. It is the responsibility of the RSO to coordinate security arrangements with the Campus Scheduling Office.
2. Public Safety officers are present for security purposes only.
3. The RSO will be responsible for checking ID’s and Public Safety officers will be responsible for operating metal detectors and video cameras at all student dances.
4. Members of the RSO are expected to assist in crowd management throughout the event.
5. Public Safety officers may refuse admission to, or dismiss from, an event, anyone who is disruptive, intoxicated, disorderly, or jeopardizes public safety. Signs will be posted at the dance entrance stating this policy.
6. Public Safety officers will determine whether an event should be terminated for cause. It will be the responsibility of the student ambassadors, attending advisor, or student organization leadership to announce the decision.
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7. The RSO sponsoring the dance is responsible for selecting student ambassadors. These individuals will be responsible for helping monitor the event for policy violations and will immediately report such observations of disorderly or suspicious conduct to the advisor and/or Public Safety officers in attendance. Student ambassadors and advisors are not intended to replace or act in the capacity of Public Safety officers. At least one ambassador must be present at the entrance to the dance at all times. Ambassadors must be identifiable in some manner (name tag, t-shirt, hat, armband etc.). At the conclusion of the event, student ambassadors must assist Public Safety Officers, Faculty/Staff Advisors and/or the University Management representatives in assuring the smooth exit of all patrons from the facility.
8. The student ambassadors, faculty/staff advisor, and University Management representative are required to meet with Public Safety officers 15 minutes prior to the start of the dance to review safety and security procedures. They will also meet at the conclusion of the dance to debrief and to determine if any damage occurred during the event.
9. Articles which may cause injury are prohibited at dance.
10. In all facilities, the maximum posted capacity for the type of event will be strictly enforced. Members of the sponsoring RSO, D.J. and/or band members are included in this number. It is the responsibility of the Public Safety Officers to assure that the maximum capacity is not violated.
11. The lighting level in the facilities is pre-determined and lights are to remain on at all times.
E. INDIVIDUAL RESPONSIBILITY
1. All individuals (UC students and guests) who attend the dance must show a valid picture college ID at the door. Any individuals without proper identification (college ID) will not be permitted to enter the dance. Listed below are the requirements for admission to the dance: a. UC students must present a valid UC student ID. b. Only UC students may bring guests to the dance. Guests must present a college ID. Guests must be signed in by a UC student and the UC student will be held responsible for the behavior of their guests and will be held accountable for any violations listed under the UC Student Code of Conduct by their guests. c. A UC student may bring up to 2 guests to the dance. Requests for exceptions to this policy must be made in writing to the RSO at least one week (five working days) prior to the scheduled dance. The RSO’s decision is forwarded to the office of Student Activities and Leadership Development for approval.
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d. University Departments may make special arrangements for guests under the age of 18 to attend.
2. A guest sign-in roster must be kept and retained for review by the RSO and Public Safety at the conclusion of the dance.
3. Alcoholic beverages are prohibited.
4. Any behaviors that may escalate to violence, or may cause injury are prohibited. These include, but are not limited to, pushing, shoving, or fighting.
F. LIABILITY
1. The RSO agrees to reimburse UC for all damages to facilities and/or equipment and to indemnify and hold harmless UC, its officers, agents and employees against all claims of loss, injury or damage to persons or property arising out of the RSO event or the preparation for the same. UC shall not be liable for the loss of or damage to any property of the RSO and participants or attendees of the RSO event or activity which has been held on the UC premises.
FAILURE TO FOLLOW ESTABLISHED POLICIES and PROCEDURES
Student groups and organizations may be accountable to both civil authorities and to the University for infractions of these policies and procedures. Officers and members of the RSO and other students accused of not following established policies and procedures are subject to the University’s disciplinary process regardless of the status of any criminal or civil proceedings, or of any other University proceeding, regarding the same conduct. In addition, failure to comply with these dance policies can result in the sponsoring student organization losing it’s privilege to use University facilities for further group related events and/or loss of recognition as an approved student organization.
This document supersedes any previous dance policy.
NOTE: The Dance Policy Committee reserves the right to alter this policy or any portion of this policy as necessary, on a case by case basis.
Revised/Effective 10/01/2007
GRAFFITI POLICY Individuals and groups using the University’s facilities must respect and use the property in the manner in which they are intended to be used. It is against University policy to deface by either permanent or temporary markings, any property owned by the University. Any person who
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defaces University property will be subject to disciplinary action as imposed by the University’s Judicial Affairs Officer and may be subject to criminal charges. In addition, the cost of removing the graffiti will be charged to the individual found to be guilty of defacing University property.
GRILL POLICY Must have person in charge of grill. Must be on grass, not black top. No closer than 50 feet from any structure. Must have fire extinguisher, (minimum 5lb. ABC Dry Chemical of 2 ½ gallon pressurized water extinguisher) placed no more than 5 feet away from the charcoal grill and ready for immediate use. Minimum 5 gallon metal bucket to be filled with water to completely submerse hot coals in after use. Hot coals are to remain completely submersed in the water for a minimum of 30 minutes. The Campus Scheduling Office will send a copy of the application to the Department of Public Safety, M.L. 215.
NAUTILUS PLAZA Groups wishing to conduct activities on Nautilus Plaza must file a written application for approval with the Campus Scheduling Office. Amplification is permitted only by University organizations with the following time limitation: Friday’s 5:00 p.m. – 11:00 p.m. Saturday’s 12:00 Noon – 11:00 p.m. Sunday’s and Holiday’s 12:00 Noon – 6:00 p.m.
A rain location is available in Zimmer Lobby based on availability, usually on weekends and evenings only. Events involving alcohol may be scheduled on Nautilus Plaza (see ALCOHOL POLICY). Each group is responsible for any damage that may occur as a result of their event, and all cleanups associated with their activity. Any electrical needs must be arranged by the sponsoring organization in advance by calling 556-6404 (Work Control). Each group may schedule in advance only two amplification dates per quarter. Groups may obtain an additional amplification date if there is an opening forty-eight hours before the desired date. The maximum sound level is to be 90 decibels. The sponsoring organization and/or Public Safety are responsible for maintaining allowable sound levels. Individuals may distribute printed material (only) to the University community on Nautilus Plaza. Distribution must be done in an orderly manner and must not interrupt traffic on campus or otherwise interfere with the normal use of the area. Material distributed must have the name of the sponsoring person or group clearly indicated on the material. Individuals distributing printed materials are responsible for cleaning up debris in the areas affected. Non-University literature may be distributed to University employees only during the employees’ non-working time and in non-working areas. Advertising promotional literature of events sponsored or co-sponsored by a University group must identify the specific University department or organization. All such material must be approved by the sponsor or co-sponsor prior to publication. Non-University groups may not use
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CCaassee: :11:1:122-c-cvv-0-000115555-T-MSRBBDDococ#:#1: 51--11 FFiilleedd:: 0032//2212//1122 PPaaggee:: 5588 ooff 6633 PPAAGGEEIIDD ##:: 28760

the University name, seal, logo, or other University identification in any advertising or promotional literature, except to note location of event. Groups may order tables and chairs through Campus Scheduling with a minimum of five working days notice. The fee for table and chair rental does vary, so please check with a member of Camps Scheduling for the current rates (556-2442).

POSTING POLICY
Outside Campus Buildings 1. The posting of handbills/flyers is limited to the following areas.
A. The stairwell retaining wall leading from the Stadium Drive to the driveway between the Utility Building and the Service Building.
B. The stairwell leading from the North-East corner of Zimmer Auditorium, near Brodie Plaza. The outside North wall of the Bridge Lobby of Tangeman University Center, near the handicap entrance.
C. The stairwell and courtyard behind Siddall Residence Hall. D. The safety wall on the East end of Rhodes Hall. Posting permitted only on surface facing toward the building. E. The nine(9) support columns under Dabney Residence Hall. 2. There may be no more than five (5) posters/handbills/flyers displayed by any one student group or student in the areas designated above. 3. All previous rules and policies concerning the adhesion of material to concrete and brick surfaces must be respected. 4. The maximum size for materials to be posted in 18”x24”. 5. All posting must take place within the posting designation signs in each posting area. 6. All material posted not meeting standards will be removed. If necessary, charges will be levied for removal costs.

No student or any registered organization affiliated with the University shall post communications or materials on any of the following areas:
A. Glass B. Painted Surfaces C. Utility Poles D. All University Construction Walls and Materials E. Trees F. Paved Surfaces G. Earth Surfaces

•

Nor shall gummed labels or any other pastes or glues be used to post on any surface.

•

Failure to comply with this policy will result in suspension of funding and/or suspension

of privileges or registration, payment of costs incurred in removing said communication

materials, or punitive fines.

Note: All groups are responsible for removing all materials after said event is over. 58

CCaassee: :11:1:122-c-cvv-0-000115555-T-MSRBBDDococ#:#1: 51--11 FFiilleedd:: 0032//2212//1122 PPaaggee:: 5599 ooff 6633 PPAAGGEEIIDD ##:: 28771
Fine Schedule Outside Campus Buildings The following is the most current fine policy. It can be changed at any regular meeting of Student Activities Board (SAB) pending approval of Senate. Questions related to the fine schedule may be brought to SAB, P.O. Box 210136, North Pavilion, Cincinnati, OH 452210136. FIRST OFFENSE: A fine of $0 to $15 (or O% to 20% of group’s budget if funded by UFB) per violation.
SECOND OFFENSE: A fine of $15 to $30 (or 0% to 20% of group’s funds if funded by UFB) per violation.
After a total of three offenses your group will be automatically suspended. A hearing will be scheduled if a posting violation occurs. At this time your group will be given the opportunity to present its case.
PUBLICATIONS POLICY Effective September 2002, all newspapers, magazines and other publications must be approved by the Campus Scheduling Office to be placed in University of Cincinnati facilities. Once approved, these items must be placed in the uniform wooden storage cabinets that are located in entry ways, general public areas and lounges of University buildings. All publications that are not approved will be removed from the premises. Newspaper and magazine vendor publication racks are no longer permitted in University of Cincinnati facilities and will be removed at the vendors’ expense.
Newspaper Box Locations (2-3 cubes at each location unless otherwise stated)
Administration at Main entrance Alumni Center East entrance Blegen Library Main entrance near CCM CBA Southwest entrance CCM Café CECE French Hall at East entrance CECE French Hall at Main entrance College of Applied Health Science/French Hall east DAAP Café East entrance Edwards 1 Lobby Edwards 2 Lobby Edwards 3 Safety Lobby Engineering Research Center Health Science Library Kresge Langsam Library 14-7 Laurence Hall inside North door
59

CCaassee: :11:1:122-c-cvv-0-000115555-T-MSRBBDDococ#:#1: 51--11 FFiilleedd:: 0032//2212//1122 PPaaggee:: 6600 ooff 6633 PPAAGGEEIIDD ##:: 28782

Law School Southeast entrance -3 McMicken Lobby outside Advising Center 102-7 Nursing North entrance Old Chemistry -6 Pharmacy Main entrance Physics Main entrance -3 Teacher’s College North entrance -6 University Hall Front Door University Hall outside snack bar Zimmer entrance from Library Square -6

SIGMA SIGMA COMMONS and CAMPUS GREEN USAGE POLICY

Groups wishing to conduct activities on Sigma Sigma commons must file a written application

for approval with the Campus Scheduling Office.

Amplification is permitted only by University organizations with the following time limitations:

Friday

5:00pm-11:00pm

Saturday 12:00 noon –11:00pm

Sunday

12:00 noon-6:00pm

Alcohol is not permitted on Sigma Sigma Commons. Groups are responsible for damage occurring as a result of their event and all cleanup associated with their activity. Electrical needs must be arranged by the sponsoring organization in advance with Facilities Management. Each group may schedule in advance only tow amplification dates

per quarter. Groups may schedule and additional amplification date if there is an opening seventy two hours before the desired date. The maximum sound level is 90 decibels. The sponsoring organization and/or Campus Security is responsible for maintaining allowable sound levels. Dependent upon the size and nature of the event, charges may be incurred for Security and Facilities Management personnel. Individuals may distribute printed material (only) to the University community on Sigma Sigma Commons. Distribution must be done in an orderly manner and must not interfere with the normal use of the area. The name of the sponsoring person or group must be clearly indicated on the distributed material. Individuals distributing printed material are responsible for cleaning up debris (dropped flyers, etc.) in the area. Non-University groups may not use the University name, seal, logo or other University identification in any advertising promotional literature, except to note location of the event. Groups may order tables and chairs through the Campus Scheduling Office with a minimum of 5 working days notice. Groups may check the current rental fee structure with the Campus Scheduling Office.

TEMPORARY OUTDOOR SIGN POLICY All temporary outdoor signs shall comply with the following guidelines and the university’s Signage Policy and Standard.
60

CCaassee: :11:1:122-c-cvv-0-000115555-T-MSRBBDDococ#:#1: 51--11 FFiilleedd:: 0032//2212//1122 PPaaggee:: 6611 ooff 6633 PPAAGGEEIIDD ##:: 28793
Definition: A Temporary Outdoor Sign is any sign not permanently affixed to a building exterior, permanent column, permanent pole, or any other permanent structural element unless that structure was erected by the university for the purpose of posting temporary signage. Temporary Outdoor Signs are installed for the purpose of notifying the campus community of a future one time event or program or to aid in directing visitors to campus to the on-campus location of any one time event or program. Allowable Messages: Temporary Outdoor Signs may be posted for the following purposes. · Candidate signs for student government elections · Notification of authorized student activities and programs · Notification of special events or programs sponsored by university colleges or departments · Signs intended to give directions to campus visitors to special on-campus events or activities.
Allowable Locations: With the exception of temporary directional signs, all temporary signs shall be posted on freestanding or wall mounted posting boards provided by the university for such purposes. These posting boards are located across campus in high traffic areas for high visibility. Temporary directional signs for special campus events and activities shall be located according to a pre-approved plan prepared and submitted by sponsoring college, department or university organization and posted on mobile boards or portable day-event boards as outlined in the university’s Signage Policy and Standard.
Allowable Sizes: Temporary signs for posting on approved signboards and kiosks shall be a maximum size of 20” x 30”. Temporary directional signs shall be a maximum size of 30” x 40”. Allowable Materials: Temporary signs shall be constructed of weather-resistant material. Waterproof paints or inks must be used. Wire frame supports shall not be allowed. Allowable Posting Time: Temporary signs located on signboards and kiosks may be posted one week prior to the event or program advertised in the sign and must be removed within five calendar days following the event. Temporary directional signs shall be put in place the first day of the relative event or program and removed no later than the day following the event or program. Procedure for Temporary Sign Approval: No prior approval for freestanding or wall mounted posting board signs complying with the guidelines noted above will be required. Temporary directional signs using mobile boards or portable day-event boards must be requested at lease two weeks in advance of the specific event along with a site location plan for the requested signs. Requests should be submitted to the Campus Scheduling Office.
TENT AND CANOPY USE ON CAMPUS General: Groups desiring to erect a tent or canopy on campus for an event need to be aware that various fire and building code requirements apply to these structures. In general, permits from the state
61

CCaassee: :11:1:122-c-cvv-0-000115555-T-MSRBBDDococ#:#1: 51--11 FFiilleedd:: 0032//2212//1122 PPaaggee:: 6622 ooff 6633 PPAAGGEEIIDD ##:: 29704
are NOT required for tents which are 200 square feet (10’ x 20’) or smaller. A tent is a fabric structure with more than two side walls. State permits are NOT required for canopies which are 400 square feet (20’ x 20’). A canopy is a fabric structure with up to two sides. In the case of a canopy with no side walls, it may have a maximum size of 700 square feet (20’ x 35’) without a permit being required. If multiple canopies are used, they must be at least 12 feet apart. In all cases, a clearance of at least 12 feet must be maintained from buildings. Also groups should keep in mind that many grass areas on campus have buried utilities and sprinkler lines. Placement of poles or stakes into the ground must avoid these locations. While UC will endeavor to obtain the necessary permits, it is the ultimate responsibility of the event organizer to have the permits prior to the day of the event. Should the permits not be obtained, the event may not occur.
Request to erect a tent or canopy: Whenever tens and canopies are going to be erected, notice must be given to Public Safety at least ten business days in advance. The Fire Prevention Unit will review the plan and assist the sponsoring group with any required state permits. Whenever possible we will assist you in designing your event to avoid or minimize the required state permits and costs. Send completed tent/canopy request forms to the Fire Prevention Unit at Mail Location 180. If you have questions or need assistance please call us at 556-4934.
Signage and Safety Equipment: Each tent or canopy erected must have a fire extinguisher mounted in a visible location. The extinguisher must be a 5 or 10 pound dry chemical, type ABC. The company renting the tent should be able to provide this extinguisher and a stand to mount it on. Each tent or canopy erected must have one or more no smoking signs posted so that they are visible throughout the structure. The no smoking signs must be at least 8” x 10” in size, with at least 2” lettering.
Cooking Equipment and Open Flame: The use of cooking equipment, grills, and any open flame is not permitted inside a tent or canopy. Please be aware that if you are planning on using this type of equipment outside the tent or canopy, a separate permit and inspection process is involved, although this is also coordinated through the Fire Prevention unit.
Sound and Lighting Equipment: The use of public address systems inside a tent or canopy is permitted as long as they electrical supply is protected by a Ground Fault Interrupter. The use of any lighting equipment requires a permit and inspection from the state Industrial Compliance office (see Permit Fees below). Electrical service must be requested from Facilities Management.
Permit Fees: When the use of tents or canopies requires state permits, the State Fire Marshall and the State Industrial Compliance office both charge user fees. UC is not exempt from these fees, and the group sponsoring the event must pay the fees. The State Fire Marshall’s office charges a fee of
62

CCaassee: :11:1:122-c-cvv-0-000115555-T-MSRBBDDococ#:#1: 51--11 FFiilleedd:: 0032//2212//1122 PPaaggee:: 6633 ooff 6633 PPAAGGEEIIDD ##:: 29715
$75.00 per event for inspecting tents, regardless of the number involved. If your event uses one tent or twenty, the fee is always $75.00. The industrial Compliance fee schedule is considerably more complicated. The base fee is $228.25 for EACH tent or canopy. If the tent/canopy is wired for electricity there is an additional fee of $175.00 and if the tent/canopy has a mechanical system to provide ventilation (fans/Heat/air conditioning) there is another fee of $175.00. So if you intend to use a single tent with lights and fans, the Industrial Compliance fee for that tent is $578.25. Inspections: In all cases where a tent or canopy is being used on campus, an inspection is required. Where a permit is required from the State Fire Marshall or from Industrial Compliance, those offices will inspect the installation. Where no state permit is required then the University of Cincinnati’s Fire Prevention unit will inspect the installation. If this inspection can be completed during normal business hours, there is no charge for the inspection. If it must be done after hours, then the sponsoring organization must pay the overtime costs.
63

CCaassee: :11:1:122-c-cvv-0-000115555-T-MSRBBDDococ#:#1: 51--22 FFiilleedd:: 0032//2212//1122 PPaaggee:: 11 ooff 11 PPAAGGEEIIDD ##:: 29726
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University of Cincinnati Chapter of Young Americans for Liberty et al v. University of Cincinnati et al, Docket No. 1:12-cv-00155 (S.D. Ohio Feb 22, 2012), Court Docket
General Information

Case Name
Docket Number Court Nature of Suit Related Opinion(s)

University of Cincinnati Chapter of Young Americans for Liberty et al v. University of Cincinnati et al
1:12-cv-00155
United States District Court for the Southern District of Ohio
Civil Rights: Other
2012 BL 124140 2012 BL 145493 2012 BL 162598 2012 BL 216073 2012 BL 216662 2012 BL 220030 2012 BL 212983

© 2013 Bloomberg Finance L.P. All rights reserved. For terms of service see bloomberglaw.com // PAGE 1 Document Link: http://www.bloomberglaw.com/ms/document/X1Q6M5EDUL82?documentName=21.xml

 
 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

UNIVERSITY OF CINCINNATI CHAPTER :

OF YOUNG AMERICANS FOR LIBERTY, :

et al.,

:

:

Plaintiffs,

:

:

v.

:

:

UNIVERSITY OF CINCINNATI, et al.,

:

:

Defendants.

:

Case No. 1:12-cv-155 Judge Timothy S. Black

ORDER

Plaintiffs filed this action on February 22, 2012, naming the University of

Cincinnati, Gregory H. Williams, Corinn Shemak, Cathy Krumpelbeck, Michael Cureton,

and John Doe as defendants. (See Doc. 1). On March 13, 2012, Defendant the University

of Cincinnati filed a Motion to Dismiss (Doc. 10) on the grounds that it is immune from

suit under th Eleventh Amendment. Plaintiffs subsequently filed a Response in

Opposition (Doc. 13), alleging that the University of Cincinnati was a proper party and

that the Court had jurisdiction over the claims.

On March 21, 2012, Plaintiffs filed an Amended Complaint (Doc. 15). “Because

amended complaints supersede the original pleading, the filing of the amended complaint

in this case . . . render[s] the pending motion to dismiss moot.” Yates v. Applied

Performance Techs., Inc., 205 F.R.D. 497, 499 (S.D. Ohio 2002).

Accordingly, Defendant’s Motion to Dismiss (Doc. 10) is DENIED as moot.1

1The Court also notes that the Amended Complaint (Doc. 15) no longer names the University of Cincinnati as a defendant. (Doc. 15 at 1).

IT IS SO ORDERED. Date: 3/22/2012

s/ Timothy S. Black Timothy S. Black United States District Judge

-2-

 
 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

UNIVERSITY OF CINCINNATI

CHAPTER OF YOUNG AMERICANS

FOR LIBERTY, et al.,

Judge

Case

No. 1:12-cv-155

Timothy S. Black

Plaintiffs

v.

GREGORY WILLIAMS, et al.,

Defendants.

ORDER DENYING AS MOOT DEFENDANT BRITTANY SISKO’S MOTION TO DISMISS AND PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT

Defendant Brittany Sisko has filed a Motion to Dismiss (Doc. 37) the claims against her in her individual capacity on the grounds that the complaint fails to state a claim and that she is entitled to qualified immunity. Sisko’s Motion is directed at the allegations set forth in the First Amended Complaint (Doc. 15). Plaintiffs have also filed a Motion for Partial Summary Judgment (Doc. 43) on the claims asserted in the First Amended Complaint. Because the Court has granted Plaintiffs’ Motion for Leave to File the Second Amended Complaint (Doc. 47), the First Amended Complaint is no longer the operative complaint, and motions directed at that pleading are now moot. See Yates v. Applied Performance Techs., Inc., 205 F.R.D. 497, 499 (S.D. Ohio 2002) (“Because amended complaints supersede the original pleading, the filing of the amended complaint in this case did technically render the pending motion to dismiss moot.”); see also Doc. 53 at 2 (Defendant acknowledges that if the Court grants leave to amend she “will then file a new motion to dismiss, which may rely on different grounds”).

Accordingly, Defendant Brittany Sisko’s Motion to Dismiss (Doc. 37) and Plaintiffs’ Motion for Partial Summary Judgment (Doc. 43) are DENIED AS MOOT.

IT IS SO ORDERED.

Date: June 12, 2012

s/Timothy S. Black___________ Timothy S. Black United States District Judge

 
 Multiple Documents
Part Description 1 146 pages 2 Affidavit Verification of Christopher Morbitzer 3 Certificate of Service
© 2013 Bloomberg Finance L.P. All rights reserved. For terms of service see bloomberglaw.com // PAGE 1 Document Link: http://www.bloomberglaw.com/ms/document/X1Q6M5EDUL82?documentName=95.xml

Case: 1:12-cv-00155-TSB Doc #: 69 Filed: 06/12/12 Page: 1 of 146 PAGEID #: 1422

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

UNIVERSITY OF CINCINNATI CHAPTER :

OF YOUNG AMERICANS FOR LIBERTY,

:

:

and

:

:

CHRISTOPHER MORBITZER,

:

:

Plaintiffs,

:

:

v.

:

:

GREGORY H. WILLIAMS, in his official

:

capacity as President, University of Cincinnati, :

:

and

:

:

CORINN SHEMAK, in her official capacity as :

Program Director, Conference & Event Services, :

University of Cincinnati,

:

:

and

:

:

CATHY KRUMPELBECK, in her official

:

capacity as Public Safety Special Events

:

Coordinator, University of Cincinnati,

:

:

and

:

:

MICHAEL CURETON, in his official capacity :

as Chief of Police, Director of Public Safety,

:

University of Cincinnati,

:

:

and

:

:

BRITTANY SISKO, in her official and

:

individual capacity,

:

:

Defendants.

:

Case No. 1:12-CV-155 Judge Black
SECOND AMENDED VERIFIED COMPLAINT

Case: 1:12-cv-00155-TSB Doc #: 69 Filed: 06/12/12 Page: 2 of 146 PAGEID #: 1423
Now come Plaintiffs, UNIVERSITY OF CINCINNATI CHAPTER OF YOUNG AMERICANS FOR LIBERTY (“UC YAL”), and CHRISTOPHER MORBITZER (“Mr. Morbitzer”) (collectively, the “Plaintiffs”), and for their Complaint against GREGORY H. WILLIAMS (“Mr. Williams”), CORINN SHEMAK (“Ms. Shemak”), CATHY KRUMPELBECK (“Ms. Krumpelbeck”), MICHAEL CURETON (“Mr. Cureton”), and BRITTANY SISKO (“Ms. Sisko”) (collectively, the “Defendants”), allege as follows:
INTRODUCTION 1. This is an action for declaratory judgment, preliminary and permanent injunction, and nominal damages under 42 U.S.C. §1983 arising from the unconstitutional policies and practices of Defendants. Due to Defendants‟ policies, practices and custom, as well as certain conduct by one or more Defendants, Plaintiffs have suffered and will continue to suffer irreparable harm to their rights under the First Amendment to the United States Constitution and the Fourteenth Amendment to the United States Constitution. The harm may only be remedied by a ruling from this Court.
2. By maintaining, implementing and enforcing vague policies that (i) restrict and prohibit students from engaging in certain expressive activity on the vast majority of the University of Cincinnati campus, (ii) restrict and prohibit spontaneous student speech in response to recent or still-unfolding events, (iii) vest unfettered discretion in university administrators to restrict student speech, and (iv) threaten students with disciplinary or criminal charges for violation of such policies, Defendants have impeded and will continue to unconstitutionally impede Plaintiffs in their efforts to collect signatures for petitions for a state ballot initiative and advocate for its passage. Such expressive activity is a core concern of the First Amendment.
2

Case: 1:12-cv-00155-TSB Doc #: 69 Filed: 06/12/12 Page: 3 of 146 PAGEID #: 1424
3. Additionally, Plaintiffs desire to engage in other activities consistent with the purpose and goals of the organization and, in so doing, to engage in activities protected by the First Amendment in and about the University of Cincinnati campus without being subjected to the threat of enforcement or the actual enforcement of a policy, practice or custom that fails to comply with the requirements of the United States Constitution.
4. As a result of the policy, practice and custom of the Defendants, as well as certain conduct by one or more Defendants, Plaintiffs have suffered and will continue to suffer irreparable harm unless the Defendants are immediately enjoined from restricting their protected speech in this manner.
PARTIES 5. Plaintiff University of Cincinnati Chapter of Young Americans for Liberty (“UC YAL”) is the local chapter of the national group Young Americans for Liberty, and is an unincorporated association of students at the University of Cincinnati. UC YAL is an officially recognized student organization at the University of Cincinnati. It consists solely of students at the University of Cincinnati and a faculty advisor. UC YAL seeks to recruit, train, educate, and mobilize students on the ideals of liberty and the United States Constitution. UC YAL brings this action on behalf of itself and its members and supporters. 6. One of the activities in which UC YAL is involved includes efforts to advocate and advance the initiative petition process by gathering signatures to place freedom-oriented ballot initiatives before Ohio voters. At the present time and in support of this effort, UC YAL seeks to gather signatures on the University campus for the Ohio Workplace Freedom Amendment, for which the deadline to submit signatures is July 9, 2012, if it is to appear on the November 2012 ballot, or approximately the same date in 2013 if it is to appear on the
3

Case: 1:12-cv-00155-TSB Doc #: 69 Filed: 06/12/12 Page: 4 of 146 PAGEID #: 1425
November 2013 ballot. UC YAL anticipates working on similar ballot initiatives in the future, including those related to tax limitations and school choice.
7. Plaintiff Christopher Morbitzer is a student at the University of Cincinnati and President of UC YAL.
8. The University of Cincinnati (“UC” or the “University”) is a public university located in Cincinnati, Ohio. It is part of the university system of Ohio and is a “state university” organized pursuant to Section 3361.01 et seq. of the Ohio Revised Code.
9. Defendant Gregory H. Williams is, and has been at all times relevant to the facts at issue in this case, the President of the University of Cincinnati. As President of the University of Cincinnati, Mr. Williams is the university‟s chief administrative and executive officer.
10. Pursuant to Ohio Administrative Code 3361:10-5-01(J), as President of the University of Cincinnati, Mr. Williams “shall have the authority to adopt necessary and reasonable policies and procedures regarding the use of the facilities of the university, which amplify the university rules, and Ohio and federal law. [He] shall also have the authority to amend or rescind such policies and procedures.”
11. Pursuant to Ohio Administrative Code 3361:10-5-01(O), as President of the University of Cincinnati, Mr. Williams “shall have the authority to: (1) Adopt amendments to any university rule which: (a) Would clarify or correct the language of the rule but would not constitute a substantive change; or (b) Would conform the rule to applicable laws or regulations.”
12. Pursuant to Ohio Administrative Code 3361:10-1-09(B)(2)(a), as President of the University of Cincinnati, Mr. Williams “may amend any rule of the university . . . which . . . would conform the rule to applicable laws or regulations.”
4

Case: 1:12-cv-00155-TSB Doc #: 69 Filed: 06/12/12 Page: 5 of 146 PAGEID #: 1426
13. Defendant Corinn Shemak is, and has been at all times relevant to the facts at issue in this case, the Program Director of Conference & Event Services at the University of Cincinnati. Based upon information and belief, Defendant Corinn Shemak, as part of her official duties and responsibilities with the University of Cincinnati, implements or enforces the unconstitutional restrictions accomplished through the University‟s policies and practices (as described herein).
14. Defendant Cathy Krumpelbeck is, and has been at all times relevant to the facts at issue in this case, the Public Safety Special Events Coordinator at the University of Cincinnati. Based upon information and belief, Defendant Cathy Krumpelbeck, as part of her official duties and responsibilities with the University of Cincinnati, implements or enforces the unconstitutional restrictions accomplished through the University‟s policies and practices (as described herein).
15. Defendant Michael Cureton is, and has been at all times relevant to the facts at issue in this case, the Director of Public Safety and Chief of Police at the University of Cincinnati Department of Public Safety. Based upon information and belief, Defendant Michael Cureton, as part of his official duties and responsibilities with the University of Cincinnati, implements or enforces the unconstitutional restrictions accomplished through the University‟s policies and practices (as described herein).
16. Defendant Brittany Sisko is an individual who undertook specific action so as to deprive and/or violate the constitutional rights of the Plaintiffs and did so in her individual capacity, as part of her official duties and responsibilities as an employee or agent of the University of Cincinnati, and in her official capacity of adopting and implementing a policy, practice or custom of the University of Cincinnati.
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17. All actions by the Defendants described herein were undertaken under color of state law which caused the deprivation of Plaintiffs‟ rights protected by the United States Constitution.
JURISDICTION AND VENUE 18. This Court has subject matter jurisdiction over this case pursuant to 28 U.S.C. § 1331, as this action arises under the First and Fourteenth Amendments to the United States Constitution; under 28 U.S.C. § 1343(a)(3), in that it is brought to redress deprivations, under color of state law, of rights, privileges, and immunities secured by the United States Constitution; under 28 U.S.C. § 1343(a)(4), in that it seeks to recover damages and secure equitable relief under an Act of Congress, specifically, 42 U.S.C. § 1983, which provides a cause of action for the protection of civil and constitutional rights; under 28 U.S.C. § 2201(a), to secure declaratory relief; under 28 U.S.C. § 2202, to secure preliminary and injunctive relief and damages; and under 42 U.S.C. § 1988, to award attorneys fees. 19. Venue is proper within this judicial district and division pursuant to 28 U.S.C. § 1391(b) and Local Rule 82.1, as (i) the Defendants are situated within this judicial district and division; and (ii) all of the claims asserted by Plaintiffs arose within this judicial district and division.
FACTUAL ALLEGATIONS 20. The University of Cincinnati has an enrollment of over 41,000 students, including 3,861 on-campus residents. It has an annual budget of $1.05 billion, and the majority of these funds are the result of public funding. 21. University of Cincinnati speech policies are enforced by the City of Cincinnati Police Department, not by University staff.
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22. In Ohio Administrative Code 3361:10-17-01, the board of trustees of the University of Cincinnati declared as follows:
(A) The university of Cincinnati, a public institution dedicated to providing an environment conductive to teaching, learning, research, and a continuing search for truth, will not take a position on any matter of political or public controversy. (B) Any individual member or group of members of the university community, like any other citizen or group of citizens, is free to debate and take a position on any matter of public controversy. But, since the collective reputation of the university cannot be abrogated by an individual or group as a means of supporting his/her or its position, any such activity must be taken in a way to make clear that it is not being carried on by or in the name of the university. 23. Thus, pursuant to the declaration of the board of trustees of the University of Cincinnati, the campus of the University of Cincinnati is dedicated to “providing an environment conductive to teaching, learning, research, and a continuing search for truth.” 24. However, despite making the lofty declaration that “[a]ny individual member or group of members of the university community, like any other citizen or group of citizens, is free to debate and take a position on any matter of public controversy,” the University of Cincinnati, through the actions of the Defendants, has adopted and regularly enforces a policy, practice and custom that does not provide or allow the university campus to be used as an “environment conductive to teaching, learning, research, and a continuing search for truth.”
The University of Cincinnati’s Speech Policies 25. The University of Cincinnati, through the actions of the Defendants, has adopted and regularly enforces policies, practices and customs that severely restrict and burdens the free speech rights of individual students or groups of students, including the free speech rights of the Plaintiffs. 26. Through its April 27, 2012 Motion for Summary Judgment, Defendants claim to have altered UC speech policies.
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27. This action requests declaratory and injunctive relief, damages, and attorneys fees

as to the discreet past deprivation of Plaintiffs‟ capacity to speak, UC‟s “prior” speech polices, to

the extent that they have actually been altered, and UC‟s “current” speech policies, to the extent

that they have been modified as Defendants suggest in their April 27, 2012 filings.

The University of Cincinnati’s “Prior”-Current Speech Policies

28. The University of Cincinnati has a published policy for scheduling use of campus

facilities and spaces for expressive activities. The Use of Facilities Policy Manual (the “Policy

Manual”)

is

available

at

http://www.uc.edu/content/dam/common

/docs/policies/UseFacilitiesManual.pdf. A true and accurate copy of the Policy Manual is

attached as Exhibit A. The Policy Manual states:

Demonstrations, Picketing and Rallies Groups planning a demonstration picket or rally should contact the Campus Scheduling Office or the appropriate scheduling office to familiarize themselves with University policies governing the activity. Demonstrations, picketing or rallies must be scheduled in the appropriate scheduling office and may only take place on the northwest corner of McMicken Commons. Anyone requesting to demonstrate, picket or rally must give prior notice of ten (10) working days to the University Police. Such activities are not permitted inside any campus building. Bonfires require additional clearance from the scheduling office, the Department of Facilities Management, the Department of Public Safety, and the Cincinnati Fire Department.

(see Exhibit A, Policy Manual, at 15). The Uptown West Campus Map shows this area of McMicken Commons. It is indicated by the green shaded area (see Exhibit B, Uptown West Campus Map, modified with color).
29. The terms “demonstration,” “picket,” and “rally” are not defined in the Policy Manual. No examples are given of what activities any of these terms encompass or exclude.
30. Thus, the failure of the Policy Manual to clearly define the terms “demonstration,” “picket,” or “rally” means that a person of ordinary intelligence is not afforded
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the ability to readily identify the applicable standard for inclusion and exclusion within the requirements of the foregoing policy.
31. Furthermore, the failure of the Policy Manual to provide clear standards to guide the discretion of the public officials of the University of Cincinnati as to what activities are included within the terms “demonstration,” “picket,” or “rally” results in enabling such public officials to administer the foregoing policy on the basis of impermissible factors or through arbitrary application.
32. Because the foregoing policy functions as a licensing scheme with which students must comply prior to engaging in the exercise of their free speech rights (notwithstanding that the University of Cincinnati, by the board of trustees‟ own declaration, is dedicated “to providing an environment conductive to teaching, learning, research, and a continuing search for truth”), the foregoing policy constitutes a prior restraint on speech.
33. Because the foregoing policy requires ten working days‟ advance notice before any planned “demonstration,” “picket,” or “rally,” a student request for use of the “Free Speech Area,” i.e., the northwest corner of McMicken Commons, must be at least fourteen calendar days in advance due to intervening weekends not being counted toward the requirement (and even longer if holidays are within the notification period).
34. Because the foregoing policy requires ten working days‟ advance notice before any planned “demonstration,” “picket,” or “rally,” the policy unconstitutionally prevents spontaneous student expressive activity in response to recent or still-unfolding events, as well as events of a time-sensitive or continuous and ongoing nature.
35. On December 8, 2008, the Foundation for Individual Rights in Education (“FIRE”), a non-partisan, non-profit 501(c)(3) educational foundation dedicated to defending and
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sustaining freedom of speech at our nation‟s colleges and universities, wrote a letter to the thenpresident of the University of Cincinnati expressing its concern about the Free Speech Area, the notice requirement, and the threat made in the Policy Manual that “anyone violating this policy may be charged with trespassing” (attached as Exhibit C). FIRE argued that the University‟s restrictions were unconstitutionally vague and unreasonably restricted student speech in violation of the First Amendment.
36. On December 22, 2008, the general counsel of the University of Cincinnati responded to FIRE‟s comments with a letter defending the Free Speech Area (attached as Exhibit D), asserting that the foregoing policy of the University of Cincinnati meets constitutional standards.
37. If and only if a student is confident that his speech neither requires security or grounds or is a demonstration, picket, or rally, he still faces a five-day prior restraint on speech in each and every traditional and designated public forum on campus: the MainStreet Student Event Guide provides that “all event requests must be received no later than five business days before the requested date;” (see MainStreet Student Event Guide, pp. 3, 11, attached as Exhibit J) while the Use of Facilities Policy Manual similarly imposes, at minimum, a five day prohibition on spontaneous speech, requiring that students “allow a minimum of five (5) working days notice for a written request.” (see Exhibit A, Policy Manual at p.12) (emphasis added)
38. Finally, signature gathering beyond the Free Speech Zone, which is only permitted for students, if at all, at McMicken Commons, TUC Plaza, MainStreet Express Mart Lobby, and CRC East and West Plazas, (see Exhibit J, MainStreet Student Event Guide at p. 12) and thus forbidden on each other public forum articulated above, is governed by the MainStreet Student Event Guide, which specifically states “sales and solicitation events require approval by
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Mainstreet Operations and must be scheduled using the online request form.” (see Exhibit J, MainStreet Student Event Guide at p. 11)
39. “Solicitation” is defined as “the activity or process of seeking to obtain support of an individual for a cause, movement, doctrine, or commercial product through persuasion or formal application.” OAC 3361:10-51-01(A)(1).
40. Defendants‟ litigation position that this policy in only “intended to refer to requests for commercial sales or solicitations” is in flagrant conflict with the plain language of the UC policy, which explicitly embraces the OAC definition in the section governing “Sales and Solicitations.” OAC 3361:10-51-01(A)(1). Consequently, effectively all signature gathering is subject to UC‟s standardless approval.
41. As an additional burden on speech such as signature-gathering and leafleting, UC “assigns” students to a single forum at a time, and prohibits “walking around” amongst forums: the University (through Campus Scheduling) was very explicit in its email instructions to Plaintiffs, indicating “you are assigned to the Northwest Corner of McMicken Commons,” and “you are not permitted to walk around campus, if we are informed that you are, [the Office of] Public Safety will be contacted.” (see Exhibits G and I).
“Current”-Prospective University of Cincinnati Speech Policies 42. It is unclear what the status of what Defendants‟ purport to be UC‟s new policies is: both the University President and University General Counsel make unclear statements, including, respectively, that the policy “became effective immediately, and will be fully implemented by May 31, 2012,” and “the University is in the process of implementing those policies, and they will be fully implemented by May 31, 2012. (April 24, 2012 Affidavit of Gregory Williams, attached to Defendants‟ Motion for Summary Judgment as Exhibit 1,
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Paragraph 8; April 25, 2012 Affidavit of Mitchell McCrate, attached to Defendants‟ Motion for Summary Judgment as Exhibit 2, Paragraph 3). Meanwhile, the Policy itself states that other UC speech policies “are in the process of being harmonized with this policy.” (UC Expressive Activity Policy at p.4, attached to April 24, 2012 Affidavit of Gregory Williams, attached to Defendants‟ Motion for Summary Judgment as Exhibit 1).
43. UC believes it has the prerogative to declare any part of its campus a “limited public forum.” (UC Expressive Activity Policy at p.2, attached to Affidavit of Gregory Williams as Exhibit A, attached to Defendants‟ Motion for Summary Judgment as Exhibit 1).
44. UC believes that it has the “prerogative” to limit speech anywhere on campus to the extent that speech may be limited in a “limited public forum.” (April 24, 2012 Affidavit of Gregory Williams at Paragraph 7, attached to Defendants‟ Motion for Summary Judgment as Exhibit 1).
45. UC‟s asserted interest in regulating all student speech is “orderly and safe conduct of its [educational] mission.” (UC Expressive Activity Policy at p.2, attached to Affidavit of Gregory Williams as Exhibit A, attached to Defendants‟ Motion for Summary Judgment as Exhibit 1).
46. UC‟s new policy acknowledged that students have greater speech rights on campus than do outsiders.
47. As to students, the “new” university policy: (1) “requires reasonable notice by individuals and groups requesting the use of a campus location or locations for an expressive activity;” (2) “requires individuals or groups requesting the use of a campus location or locations for an expressive activity to provide the information the university needs to enable it to establish peaceful and safe conditions for the activity;” (3) requires students who wish to engaged in a
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„demonstration‟ or similar activity to “submit a request * * * no fewer than five working days before the day on which they seek to engage in the activity;” and (4) requires students who wish to gather signatures or engage in similar activities to “submit a request * * * no fewer than three working days before the day on which they seek to engage in the activity.” (UC Expressive Activity Policy at p.3, attached to Affidavit of Gregory Williams as Exhibit A, attached to Defendants‟ Motion for Summary Judgment as Exhibit 1).
48. The “new” policy sets forth a procedure for applying for waiver of the three-day notice requirement that applies to all speech throughout campus, stating “a group may request a reduction of the three days notice requirement.” (UC Expressive Activity Policy at p.3, attached to Affidavit of Gregory Williams as Exhibit A, attached to Defendants‟ Motion for Summary Judgment as Exhibit 1).However, “the university will honor that request” only “if the university determines that, with the reduced notice, the activity can take place peacefully and safely and in a manner consistent with the university‟s mission.” (UC Expressive Activity Policy at p.3, attached to Affidavit of Gregory Williams as Exhibit A, attached to Defendants‟ Motion for Summary Judgment as Exhibit 1).
49. There are no standards or guidelines go govern the reduction determination, nor any specification of who would make this decision. Likewise, there is no specification of how far in advance of speech a student must apply for the reduction. (UC Expressive Activity Policy at p.3, attached to Affidavit of Gregory Williams as Exhibit A, attached to Defendants‟ Motion for Summary Judgment as Exhibit 1).
50. In addition to the five-day notice requirement for “demonstrations,” “demonstrations” by students are limited to McMicken Commons. (UC Expressive Activity
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Policy at p.4, attached to Affidavit of Gregory Williams as Exhibit A, attached to Defendants‟ Motion for Summary Judgment as Exhibit 1).
51. “Demonstrations” include “speechmaking and all other like forms of conduct which involve the communication or expression of views or grievances, engaged in by one or more persons, the conduct of which has the effect, intent, or propensity to draw a crowd of onlookers.” (UC Expressive Activity Policy at p.1, attached to Affidavit of Gregory Williams as Exhibit A, attached to Defendants‟ Motion for Summary Judgment as Exhibit 1).
52. The “new” policy does not elaborate on what constitutes “speechmaking,” or the “propensity to draw a crowd of onlookers,” or how this would be injurious to the university‟s legitimate interests. (UC Expressive Activity Policy at p.1, attached to Affidavit of Gregory Williams as Exhibit A, attached to Defendants‟ Motion for Summary Judgment as Exhibit 1).
53. Applying the “new” policy, on May 3, 2012, UC denied student Paul Johnson‟s application to gather signatures for Ohio‟s Marriage Freedom Amendment over the course of the next three days (May 4, 5, and 6). In denying the student‟s request, UC did not invoke or apprise the student of the possibility of waiver of the policy, or consider whether or not the speech would be disruptive, or the number of students who would be engaged in the speech. (see May 3, 2012 email from Campus Scheduling to Paul Johnson, attached as Exhibit K).
54. The waiver provision is vague, results in undue administrative discretion in university employees, and invites discrimination based on content.
Recurrence 55. It is unclear whether UC has repealed its original speech policies in favor of the policy articulated above.
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56. Defendants have only changed their speech policies in response to this litigation, in an attempt to moot it.
57. Defendants have vigorously defended the constitutionality of their speech policies since, at minimum, UC General Counsel Mitchell McCrate‟s 2008 letter to the Foundation for Individual Rights in Education, which declares that UC speech policies are constitutional. (see Exhibit D).
58. In their Answers to Plaintiffs‟ Complaint and First Amended Complaint, Defendants defend their original speech policies, denying that their original speech policies are unconstitutional.
59. In their April 27, 2012 Motion for Summary Judgment, Defendants defend their original policies as constitutional.
60. Defendants have unilateral authority to re-impose their original speech policies, or some derivation thereof, with no structural hurdles.
61. Because Defendants believe that any and every space on their campus is a limited public forum, they do not believe that they are bound to implement narrowly-tailored regulations that are not overbroad.
62. Absent injunctive relief from this Court, Defendants are easily able to, and indeed likely to, re-impose their original speech policies or some minor derivation thereof subsequent to this litigation.
The Fora at Issue 63. The “northwest corner of McMicken Commons” referenced in the foregoing policy of the University of Cincinnati on “Demonstrations, Picketing and Rallies” is demarcated in the Policy Manual and referred to as the “Free Speech Area” or “Free Speech Zone”: “The
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northwest section (see diagram) of McMicken Commons immediately east of McMicken Hall on the West Campus is designated as the main free speech area. Individuals or groups wanting to use these areas must schedule the activity in the Campus Scheduling Office. Anyone violating this policy may be charged with trespassing. No more than one musical or speaking activity is permitted at the same time.” (see Exhibit A, Policy Manual, at 14). The Free Speech Zone is the area immediately east of McMicken Hall. It is indicated by the green shaded area on Exhibit B, the Uptown West Campus Map. Exhibit E is a photograph of McMicken Commons modified to show the Free Speech Zone colored red.
64. At its longest points, Plaintiffs estimate that the Free Speech Zone is 82 feet eastwest and 124 feet north-south. The Free Speech Zone is approximately 10,000 square feet. The West Campus of the University is 137 acres, or approximately 8,506,833 square feet. The Free Speech Zone is therefore approximately 0.1% of the total area of West Campus.
65. UC‟s Free Speech Zone, a grassy open space between slant walks measuring 82 by 124 feet, is a traditional public forum. First, UC labels it “the Free Speech Zone,” and designates it as the go-to forum for free speech on campus. More importantly, the Free Speech Zone is available to any “individuals or groups wanting to use these areas,” including “groups planning a demonstration, picket or rally.” (Exhibit A, Policy Manual at pp. 14-15). Finally, UC “grants permission as a matter of course,” as embraced in Perry: it asserts “if a request is made in compliance with the notice requirement and for a University location available to the expressive activity, the request is to be honored.” (Defendants‟ Answer to Plaintiff Christopher Morbitzer‟s Interrogatory No. 14, attached to Plaintiffs‟ Motion for Partial Summary Judgment as Exhibit A).
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66. The West Campus area has many suitable open areas and sidewalks beyond the Free Speech Zone where student expressive activity, including petition gathering and political discussion, will not interfere with or disturb access to UC buildings or sidewalks, impede vehicular or pedestrian traffic, or in any way substantially disrupt the operations of campus or the University‟s educational functions.
67. Defendants, although in the course of attempting to deny it, effectively admit that the following forums are designated public forums for students, through their admission that such locations “may be used for student speech”: Sigma Sigma Commons, Campus Green, McMicken Commons, open spaces surrounding Tangeman University Center and Campus Recreation Center, Tangeman University Center Plaza, Bearcat Plaza, Bearcat Pavilion, McMicken Free Speech Zone, Campus Recreation Center West Plaza, and Campus Recreation Center East Plaza. (Response to Request for Admission No. 4, attached to Plaintiffs‟ Motion for Partial Summary Judgment as Exhibit C; see also MainStreet Event Guide, attached hereto as Exhibit J).
68. The MainSteet Student Event Guide describes the above MainStreet forums as “a pedestrian corridor,” and “the hub of campus activity,” that is “available for hosting events.” (see MainStreet Student Event Guide at p. 2, attached hereto as Exhibit J).
69. UC streets, sidewalks, and open spaces resemble open spaces of city-owned parks, streets, and sidewalks. (see April 26, 2012 Declaration of Christopher Morbitzer, attached to Plaintiffs‟ Motion for Partial Summary Judgment as Exhibit A). In fact, the sidewalks on campus are wider than typical city sidewalks, and more conductive to free speech such as signature gathering. (see April 26, 2012 Declaration of Christopher Morbitzer, attached to Plaintiffs‟ Motion for Partial Summary Judgment as Exhibit A).
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70. The public sidewalks on campus, upon which students and outsiders walk, are much wider than regular city sidewalks – from approximately eight feet wide and some over twenty feet wide – and traverse open, rather than narrow, spaces.
71. UC streets, sidewalks, and open spaces resemble open spaces of city-owned parks, streets, and sidewalks. In fact, the sidewalks on campus are wider than typical city sidewalks, and more conducive to free speech such as signature gathering.
72. Sigma Sigma Commons is an open area of approximately 4.5 acres to the south of Campus Green with a naturally graded outdoor amphitheatre interspersed with heavily traveled sidewalks.
73. Campus Green is an open park-like area of approximately 6.5 acres to the north of Sigma Sigma Commons with open lawns, landscaping, green space, benches, and other natural features.
74. McMicken Commons is an open lawn area of approximately 1.8 acres in between McMicken Hall and Tangeman University Center, the student union. The sidewalks through the center and to the south of McMicken Commons are heavily traveled, but these do not border the “Free Speech Zone,” which is the northwest corner of McMicken Commons.
75. “Open spaces surrounding Tangeman University Center and Campus Recreation Center” are wide open paved areas that serve as pedestrian thoroughfares, approximately twenty to thirty feet wide and 1,000 feet long, and together help form “MainStreet,” which is the main spine of activity on the West Campus. These open spaces also include “Tangeman University Center Plaza,” “Bearcat Plaza,” “Bearcat Pavilion,” “Campus Recreation Center West Plaza,” and “Campus Recreation Center East Plaza.” Benches and tables are placed in unobtrusive locations along the edges of these open spaces, and large steps form an amphitheatre to the east
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of Tangeman University Center. Areas to the south and west of the Campus Recreation Center are canopied and are among the only outdoor areas on campus sheltered from rain.
76. At each of these locations, Mr. Morbitzer has personally observed students engaging expressive activity, including, but not limited to, one-on-one speech.
Plaintiffs’ Speech and the University’s Response 77. On February 9, 2012, the Ohio Ballot Board approved language for a ballot measure proposing an amendment to the Ohio Constitution titled “To guarantee the freedom of Ohioans to choose whether to participate in a labor organization as a condition of employment” (“the Ohio Workplace Freedom Amendment”). 78. The approval by the Ohio Ballot Board thus cleared the way for signatures to be gathered to place the Ohio Workplace Freedom Amendment on the ballot to be voted on by the voters of Ohio. 79. On Monday, February 13, 2012, backers of the Ohio Workplace Freedom Amendment finalized the petition and made it available for download and circulation. 80. Plaintiffs desire to gather signatures to place the Ohio Workplace Freedom Amendment on the ballot, and in the process, to discuss the initiative with their classmates on campus and to advocate for the passage of the initiative itself. Doing so would be consistent with the University of Cincinnati‟s designation of its campus as an “environment conductive to teaching, learning, research, and a continuing search for truth.” 81. To qualify for placement on the November 2012 ballot, supporters of the Ohio Workplace Freedom Amendment need to obtain over 385,000 valid signatures on petitions no later than July 9, 2012 (120 days prior to the November 2012 elections).
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82. Due to invalid signatures that inevitably occur during an initiative petition effort (due to various reasons), significantly more than 385,000 signatures will be necessary in order to meet the requisite number of valid signatures. By way of example, the recently successful Ohio Health Care Freedom Amendment that passed in November 2011 was also put on the ballot via initiative petitions; supporters of that initiative submitted 546,074 signatures to the Ohio Secretary of State of which only 426,998 signatures were verified as valid.
83. Given this deadline for the petition, on each occasion when Plaintiffs are unlawfully and unconstitutionally prevented from collecting signatures and advocating for the passage of the initiative, not only does a violation of their constitutional rights take place, but the likelihood that the Ohio Workplace Freedom Amendment will be on the November 2012 ballot is reduced.
84. Plaintiffs wish to engage in further political speech beyond just signature gathering, including speech that could be characterized as a “demonstration,” under either the former, current, or prospective policies.
85. In reaction to the news of the Ballot Board‟s approval to begin collecting signatures, Mr. Morbitzer immediately sent an email on February 9, 2012 to the relevant authorities at the University of Cincinnati (via the email address “campusscheduling@uc.edu”) requesting permission to collect signatures and asking for clarification of the University‟s policies classifying expressive activity as a “demonstration, picket, or rally” and therefore limited to the Free Speech Area (attached as Exhibit F).
86. At 8:05 a.m. on the next day, February 10, 2012, Mr. Morbitzer received an unsigned email response from “Conference & Event Services” via the email address “campusscheduling@uc.edu.” The response failed to expressly clarify the University policy
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regarding the definitions of a “demonstration, picket, or rally”; told Mr. Morbitzer to “use the online form to request use of McMicken Commons Northwest Corner”; and threatened police action if the Plaintiffs were seen merely “walk[ing] around campus” engaging in expressive activity outside of the Free Speech Area (attached as Exhibit G).
87. The response from “Conference & Event Services” to Mr. Morbitzer on February 10, 2012, was sent by Brian Short.
88. The response from “Conference & Event Services” to Mr. Morbitzer on February 10, 2012, implied that Plaintiffs‟ desired expressive activity, i.e., petition circulating, was within the scope of the term “demonstration, picket, or rally.”
89. In response, Mr. Morbitzer requested permission via the online form on February 10, 2012. However, the form failed to provide Mr. Morbitzer and UC YAL with the option of requesting permission to engage in their desired expressive activity on campus immediately.
90. Contrary to the University‟s Policy Manual, which requires “prior notice of ten (10) working days” before engaging in expressive activity deemed a “demonstration, picket, or rally” in the Free Speech Zone, the online form stated that “[o]utdoor spaces must be requested at least 15 days in advance of the event” (attached as Exhibit H). No explanation of this discrepancy is given in the Policy Manual.
91. In an additional email response to Plaintiffs‟ request from Ms. Sisko on Friday, February 10 (a copy of which is attached as Exhibit I), Mr. Morbitzer‟s request was approved only to the extent Plaintiffs remained at all times in the Free Speech Zone:
Hello Christopher, Please see your event confirmation below. You have been assigned the NorthWest corner of McMicken Commons, however you are not permitted to walk around.
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Also note, that your event was approved despite our 5 Day Business Policy. In the future, this will not be allowed. Therefore, make sure you put your event request in 5 Business Days before your desired date. Review the Event Guide and Policies link below for important policies and processes involved with your scheduled space. http://www.uc.edu/content/dam/uc/eventservices/docs/Confirmation%20Notice.P olicy%20and%20Process.pdf If you have any questions please contact Conference & Event Services at 5562442. Thank you, Conference & Event Services
92. The approval restricted Plaintiffs‟ expressive activity to the Free Speech Zone (“the North-West corner of McMicken Commons”) and once again noted Plaintiffs “are not permitted to walk around.” This response indicated that Defendants construed the terms “demonstration, picket, or rally” to include expressive activity like the signature gathering, advocacy, and discussion in which Plaintiffs sought to engage.
93. This email response refers to a notification period of five business days, while the Use of Facilities Policy Manual refers to ten working days, and the online form refers to fifteen days. No explanation of this discrepancy is given in the Policy Manual.
94. The requirement of five, ten, or fifteen days notice unreasonably prevents spontaneous expressive activities in response to recent or still-unfolding events, as well as those of a time-sensitive nature. For example, it would have been impossible for University students to gather spontaneously to demonstrate their shock and sadness following the tragic events of September 11, 2011, or their support of the United States‟ successful military operation in killing Osama Bin Laden, without violating University policy.
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95. Furthermore, the lack of clarity with regard to which of the three notice periods is applicable breeds confusion and uncertainty amongst would-be student speakers, resulting in an impermissible chilling effect on campus and the arbitrary and capricious enforcement of the policy.
Burdens on Speech 96. The notice requirements mean that each and every gathering of a signatures, and indeed each signature itself, faces a potential delay of anywhere between three and fourteen calendar days (or more if there are intervening holidays during the notification period), depending on the location on campus and applicable policy. 97. The notice requirement prohibits spontaneous speech in response to the actions of the Ballot Board, which substantially burdens the Plaintiffs‟ First Amendment rights and leads to a delay in petition gathering and advocacy for the issue. 98. The requirement continues to prohibit spontaneous speech, preventing UC YAL from gathering signatures when a conversation evokes the interest of a fellow student who may wish to sign a petition. 99. Limiting petition gathering and advocacy substantially burdens the Plaintiffs‟ First Amendment rights and significantly restricts the number of signatures that may be gathered to place the Ohio Workplace Freedom Amendment on the November 2012 ballot. 100. Prohibiting non-disruptive signature gathering for three days from each request is not narrowly tailored to advance UC‟s educational mission, nor to ensure safety. 101. Significantly limiting locations on campus where students may engage in nondisruptive speech constituting a “demonstration” is not narrowly tailored advance UC‟s educational mission, nor to ensure safety.
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102. UC‟s location restrictions and notice requirements – past, present, and prospective – are not narrowly tailored, and are overly broad, insofar as they prohibit a significant amount of protected speech in their efforts to address unprotected speech.
Causation 103. As a direct and proximate result of the denial by Brittany Sisko of their request to immediately gather signatures, to advocate for the Ohio Workplace Freedom Amendment, and to discuss the initiative‟s merits with their fellow students, Plaintiffs‟ constitutional rights have been violated and Plaintiffs have suffered injury and damages. 104. The actions of Defendant Brittany Sisko in denying Plaintiffs‟ request to immediately gather signatures, to advocate for the Ohio Workplace Freedom Amendment, and to discuss the initiative‟s merits with their fellow students was the direct and proximate result of the policy, practice and custom of the University of Cincinnati as adopted and implemented by Defendants. 105. As a direct and proximate result of Defendant Brittany Sisko restricting and confining the Plaintiffs only within the Free Speech Zone in order to engage in the initiative petition effort, Plaintiffs‟ constitutional rights have been violated and Plaintiffs have suffered injury and damages. 106. The actions of Defendant Brittany Sisko in restricting and confining the Plaintiffs only within the Free Speech Zone in order to engage in the initiative petition effort was the direct and proximate result of the policy, practice and custom of the University of Cincinnati as adopted and implemented by one or more of the Defendants. 107. As a direct and proximate result of the policy, practice and custom of the University of Cincinnati as adopted and implemented by one or more of the Defendants,
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Plaintiffs‟ constitutional rights have been violated and Plaintiffs have suffered injury and damages.
108. Defendants unambiguously acknowledge that low-level student employees are left to work out the vagueries of UC speech policies, as in this case, they concede that Ms. Sisko was “the primary person responsible for the decision to assign Plaintiffs‟ signature gathering to the Free Speech Area.” (Answer to Morbitzer Interrogatory No. 10, attached to Plaintiffs‟ Motion for Partial Summary Judgment as Exhibit A).
109. Ms. Sisko did not confer with anyone prior to copying security on the email, including security, i.e. Defendants Shemak and/or Krumpelbeck. (Answer to Morbitzer Interrogatory Nos. 15, 3, 10, 16, 17, attached to Plaintiffs‟ Motion for Partial Summary Judgment as Exhibit A).
110. Defendants acknowledge that their low-level employees, charged with enforcing speech policies, receive no training on how to do so. (Answer to Morbitzer Interrogatory No. 14, attached to Plaintiffs‟ Motion for Partial Summary Judgment as Exhibit A).
111. Meanwhile, Defendants concede “Ms. Sisko [and Mr. Short] acted in conformance with the University‟s policies,” and “Ms. Sisko was acting in conformance with University policy if, by information Plaintiffs that „you are not permitted to walk around,‟ she meant that Plaintiffs were required to collect signatures in the locations they had requested.” (Answer to Morbitzer Interrogatory No. 8, 12(a), attached to Plaintiffs‟ Motion for Partial Summary Judgment as Exhibit A).
Defendants’ Inconsistent Application of the Policy at Issue 112. As mentioned above, Defendants seemingly maintain three different notification periods for the same types of expressive activity: five, ten, or fifteen days.
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113. Defendants have also been inconsistent in how they define an expressive activity as a “demonstration, picket or rally” that is therefore limited to the Free Speech Zone only.
114. For example, in October 2011 and the autumn of 2008, Mr. Morbitzer witnessed individuals engaged in voter registration throughout the grounds of West Campus. They were not limited to the Free Speech Zone.
115. Similarly, in the spring of 2009, Mr. Morbitzer witnessed individuals gathering signatures throughout the grounds of West Campus for a proposed amendment to the Ohio Constitution to legalize casino gambling. They were not limited to the Free Speech Zone.
116. On information and belief, these signature gathering, advocacy, and discussion activities were not classified as a “demonstration, picket, or rally,” while Plaintiffs‟ identical activity was so classified and was therefore restricted to the Free Speech Zone.
117. Based upon information and belief, officials within the University of Cincinnati were aware of such First Amendment activities freely taking place outside the Free Speech Zone, yet no action was taken to confine such activities within the Free Speech Zone.
118. In fact, based upon information and belief, officials within the University of Cincinnati actively supported or condoned such First Amendment activities freely taking place outside the Free Speech Zone.
119. To the extent officials within the University of Cincinnati actively supported or condoned such First Amendment activities freely taking place outside the Free Speech Zone, the restriction of the Plaintiffs to the Free Speech Zone for their initiative petition effort constituted unconstitutional discrimination based upon the content or viewpoint of the speaker.
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DECLARATORY JUDGMENT AND INJUNCTION (28 U.S.C. § 2201, et seq.)
120. Plaintiffs hereby incorporate by reference the allegations in the foregoing paragraphs as if set forth fully herein.
121. An actual controversy has arisen and now exists between Plaintiffs and Defendants concerning Plaintiffs‟ rights under the United States Constitution. A judicial declaration is necessary and appropriate at this time as to Counts I through II.
122. Plaintiffs desire a judicial determination of their rights against Defendants as they pertain to Plaintiffs‟ right to speak, assemble, and gather signatures on petitions on the outdoor areas campus of the University of Cincinnati without being subjected to a prior restraint or “time, place, and manner” regulations which are unreasonable, not content neutral, not narrowly tailored to serve a substantial government interest, and do not leave open ample alternative channels of communication.
123. In order to prevent further violation of Plaintiffs‟ constitutional rights by Defendants, it is appropriate and proper that a declaratory judgment be issued, pursuant to 28 U.S.C. § 2201 and FED. R. CIV. P. 57, declaring unconstitutional the University‟s policies.
124. Furthermore, pursuant to 28 U.S.C. § 2202 and FED. R. CIV. P. 65, it is appropriate and hereby requested that this Court issue preliminary and permanent injunctions prohibiting the Defendants from enforcing their restrictions on Plaintiffs‟ expressive activities to the extent they are unconstitutional, in order to prevent the ongoing violation of Plaintiffs‟ constitutional rights.
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COUNT I VIOLATION OF RIGHT TO FREE SPEECH UNDER
THE FIRST AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION (42 U.S.C. § 1983)
125. Plaintiffs hereby incorporate by reference the allegations in the foregoing paragraphs as if set forth fully herein.
126. The University of Cincinnati is a state actor. See Thomson v. Harmony, 65 F.3d 1314, 1319 (6th Cir. 1995) (“The University of Cincinnati is a state instrumentality”); Hall v. Medical College of Ohio, 742 F.2d 299, 303–04 (6th Cir. 1984) (discussing how state universities in Ohio, including University of Cincinnati, are considered “arms of the state”).
127. At all times relevant to the allegations in this Complaint, each and all of the acts alleged herein were attributed to one or more of the Defendants acting under the color, authority, and pretense of state law, statutes, ordinances, regulations, customs, usages, and policies of the University of Cincinnati.
128. Soliciting and gathering signatures on a petition is core political speech protected by the First and Fourteenth Amendments to the Constitution. Meyer v. Grant, 486 U.S. 414, 422 n.5, 425 (1988).
129. The First and Fourteenth Amendments extend to campuses of state universities. Healy v. James, 408 U.S. 169, 180 (1972).
130. A traditional public forum like a park or public sidewalk is subject to reasonable “time, place and manner” restrictions that are narrowly tailored to serve a significant government interest and leave open ample alternative channels of communication. Perry Educ. Ass’n v. Perry Local Educators’ Ass’n, 460 U.S. 37, 45 (1983).
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131. A designated public forum is a forum the government intentionally opens to expressive activity to the public at large. Miller v. City of Cincinnati, 622 F.3d 524, 534 (6th Cir. 2010). The standards governing restrictions on speech are the same as a traditional public forum. Pleasant Grove v. Summum, 555 U.S. 460, 469–70 (2009).
132. “The campus of a public university, at least for its students, possesses many of the characteristics of a public forum.” Widmar v. Vincent, 454 U.S. 263, 267 n.5 (1981).
133. Thus, the campus of the University of Cincinnati (or, at least, areas other than the Free Speech Area) constitute traditional and designated public fora in which students, including Plaintiffs, are entitled to engage in speech protected under the First Amendment.
134. Restrictions on speech in such forums must be narrowly tailored, must provide ample alternative outlets for speech, and must not be overly-broad.
135. Defendants have and continue to violate Plaintiffs‟ constitutional right to engage in political speech with fellow students where they prohibit speech they characterize as “demonstrations” on parts of campus that are or resemble traditional and designated public fora as to students.
136. Defendants have and continue to violate Plaintiffs‟ constitutional right to engage in political speech with fellow students where they prohibit, without prior permission, all political speech by students in parts of campus that are or resemble traditional and designated public fora as to students.
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137. The policies and actions of Defendants vest unfettered discretion in the Defendants to restrict constitutionally protected expression.
138. The policies and actions of Defendants are prior restraints and restrictions on speech in campus areas that are commonly considered traditional or designated public fora.
139. The Defendants‟ purported “time, place and manner” restrictions are unreasonable in light of the purpose of the forum, overly broad, not content-neutral, are not narrowly tailored to serve significant government interests, and do not leave open ample alternative channels of communication.
140. As a proximate result of Defendants‟ actions, Plaintiffs have been irreparably injured, and will continue in the future to be irreparably injured, in that they have been and will be deprived of their right to free speech under the First and Fourteenth Amendments to the Constitution.
141. As a direct result of the Defendants‟ speech policies, Plaintiffs continue to be prohibited from engaging their fellow students in discussion, advocating on behalf of their political beliefs, and collecting sufficient signatures to successfully place the Ohio Workplace Freedom Amendment on the November 2012 ballot.
142. As a legal consequence of the Defendants‟ violation of Plaintiffs‟ First and Fourteenth Amendment rights, as alleged above, Plaintiffs are entitled to injunctive relief and, from Ms. Sisko, to recover nominal damages.
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COUNT II VIOLATION OF THE RIGHT TO DUE PROCESS UNDER THE FIRST AND FOURTEENTH AMENDMENTS
TO THE UNITED STATES CONSTITUTION (42 U.S.C. § 1983)
143. Plaintiffs hereby incorporate by reference the allegations in the foregoing paragraphs as if set forth fully herein.
144. Due process requires that a state enactment be held void for vagueness if the prohibitive terms are not clearly defined such that a person of ordinary intelligence can readily identify the applicable standard for inclusion and exclusion. Grayned v. City of Rockford, 408 U.S. 104, 108 (1972).
145. The absence of clear standards guiding the discretion of the public official vested with the authority to enforce the enactment invites abuse by enabling the official to administer the policy on the basis of impermissible factors. Leonardson v. City of East Lansing, 896 F.2d 190, 198 (6th Cir. 1990).
146. The vagueness doctrine “requires that the limits the [government] claims are implicit in its law be made explicit by textual incorporation, binding judicial or administrative construction, or well-established practice.” City of Lakewood v. Plain Dealer Publ’g Co., 486 U.S. 750, 770 (1988).
147. The policies and conduct of Defendants are unconstitutionally vague on their face. They fail to adequately advise, notify, or inform students threatened with disciplinary action and criminal prosecution for violation, and thus have a chilling effect on speech.
148. The Defendants‟ policy, practice, and custom of limiting the expressive activities on campus it defines as constituting a “demonstration, picket, or rally” to the Free Speech Zone
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is unconstitutional and violates the First and Fourteenth Amendments to the United States Constitution.
149. The Defendants‟ policy, practice and custom of allowing its agents or other authorized individuals unbridled discretion in determining which expressive activities constitute a “demonstration, picket, or rally” – and thus are subject to the notification requirement of ten working days and limited to the Free Speech Zone – violates Plaintiffs‟ rights under the First and Fourteenth Amendments to the United States Constitution.
150. UC‟s new policies are vague, require discretion, and impose arbitrariness. 151. As a proximate result of Defendants‟ actions, Plaintiffs have been irreparably injured, and will continue in the future to be irreparably injured, in that they have been and will be deprived of their right to free speech and due process of law under the First and Fourteenth Amendments to the Constitution. 152. As a direct result of the Defendants‟ violation of the Plaintiffs‟ constitutional rights, Plaintiffs are at continued risk of being unable to engage their fellow students in discussion, advocate on behalf of their political beliefs, and collect sufficient signatures to successfully place the Ohio Workplace Freedom Amendment on the November 2012 ballot. 153. As a legal consequence of the Defendants‟ violation of Plaintiffs‟ First and Fourteenth Amendment rights, as alleged above, Plaintiffs are entitled to injunctive relief and, from Defendant Brittany Sisko, to recover nominal damages.
PRAYER FOR RELIEF WHEREFORE, Plaintiffs pray for judgment against Defendants and that the Court:
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(1) Declare that the notice requirements, location restrictions and forum designations in the University of Cincinnati‟s past, current, and prospective speech policies, including but not limited to the Use of Facilities Policy Manual, the MainStreet Student Event Guide and April 24, 2012 policies, are unconstitutional on their face because they violate the rights to freedom of speech and due process of law guaranteed under the First and Fourteenth Amendments to the Constitution;
(2) Declare that the notice requirements, location restrictions and forum designations in the University of Cincinnati‟s past, current, and prospective speech policies, including but not limited to the Use of Facilities Policy Manual, the MainStreet Student Event Guide and April 24, 2012 policies, are unconstitutional.
(3) Issue a permanent injunction against the Defendants prohibiting the enforcement of said policies against Plaintiffs and others who seek to participate in expressive activities both within the Free Speech Area and on sidewalks and outdoor open areas such as those described in this Complaint;
(4) Award Plaintiffs nominal damages against Defendant Brittany Sisko; (5) Pursuant to 42 U.S.C. §1988 and other applicable law, award Plaintiffs their costs and
expenses incurred in bringing this action, including their reasonable attorneys‟ fees; and (6) Grant such other and further relief as the Court deems equitable, just, and proper.
Respectfully submitted, /s/ Maurice A. Thompson________ Maurice A. Thompson (0078548) Ryan D. Walters (0076724)
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Trial Attorneys for Plaintiffs 1851 Center for Constitutional Law 208 E. State Street Columbus, Ohio 43215 Tel: (614) 340-9817 Fax: (614) 365-9564 rwalters@ohioconstitution.org mthompson@ohioconstitution.org Curt C. Hartman (0064242) Co-counsel for Plaintiffs The Law Firm of Curt C. Hartman 3749 Fox Point Court Amelia, Ohio 45102 Tel: (513) 752-8800 hartmanlawfirm@fuse.net
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CaCsaes:e1::1:21-2c-vc-v0-00105155-5T-SMBRDBoDco#c: #6:91F-1ileFdi:le0d6:/102/122/P12agPea:g3e6: o1fo1f4663 PPAAGGEEIDID##::124957
University of Cincinnati
Use of Facilities Policy Manual
8/2008
[1The information contained herein was prepared by a committee appointed by the President of the University of Cincinnati and has been reviewed by the Office of General Council.]
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CaCsaes:e1::1:21-2c-vc-v0-00105155-5T-SMBRDBoDco#c: #6:91F-1ileFdi:le0d6:/102/122/P12agPea:g3e7: o2fo1f4663 PPAAGGEEIDID##::134058

TABLE OF CONTENTS

Access to University Buildings ………………………………………………………….. 3 Use of Storage Facilities on Campus…………………………………………………….. 3

General Policies Pertaining to the Use of University Facilities…………………………4 Responsibilities of all Groups/Individuals……………………………………………….. 4 Rental Charges and Expenses…………………………………………………………….. 4 Safety and Security……………………………………………………………………….. 5 Political Programs and Activities………………………………………………………….5 Fund Raising……………………………………………………………………………… 6 Distribution of Printed Materials, Publicity, Promotional Methods, Posted Materials… 6 Bulletin Boards…………………………………………………………………………… 6 Banners…………………………………………………………………………………… 7 Recruiting and Information Tables……………………………………………………….. 7 Speakers, Speech and Assembly………………………………………………………….,8

Academic Facilities……………………………………………………………………… 9 East Campus……………………………………………………………………………….9 West Campus……………………………………………………………………………... 9 Branch Campuses………………………………………………………………………… 10

Non-Academic Facilities…………………………………………………………..............12

Athletic Facilities…………………………………………………………………………..16

Area Specific Facilities…………………………………………………………………… 17-44

Appendices………………………………………………………………………………… 44

Appendix A - Definitions………………………………………………………………… 44

Appendix B – Individual Policies

47

Alcohol Policy……………………………………………………………………... 47

Amplification Policy……………………………………………………………… 48

Banner Policy……………………………………………………………………… 49

Bicycles, Skateboards, Inline Skates Policy………………………………………. 52

Chalking…………………………………………………………………………….52

Dance Policy……………………………………………………………………….. 53

Graffiti Policy……………………………………………………………………… 56

Grill Policy ………………………………………………………………………… 57

Nautilus Policy…………………………………………………………………….. 57

Posting Policy……………………………………………………………………… 58

Publications Policy………………………………………………………………… 59

Sigma Sigma Commons/Campus Green Usage Policy……………………………. 60

Temporary Outdoor Signage………………………………………………………..60

Tent and Canopy Use on Campus……………….………………………….………61

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CaCsaes:e1::1:21-2c-vc-v0-00105155-5T-SMBRDBoDco#c: #6:91F-1ileFdi:le0d6:/102/122/P12agPea:g3e8: o3fo1f4663 PPAAGGEEIDID##::134159
University of Cincinnati Use of Facilities Policy Manual
Access to University Buildings
While the University of Cincinnati is a public institution, its primary purpose is to provide an environment for education and scholarship. As with all state, federal and local entities, “public” does not mean that all areas are open to the general public. The are some areas, such as sport and performing arts venues, shops and restaurants, where access by the general public is permitted, and in many cases, encouraged. On the other hand, classrooms, laboratories, academic offices, student lounges and other educational and research venues are not open to the general public but are for the most part limited to the use of faculty, students, staff and invited guests who have business related to the mission of the University (the “University Community”).
When a building contains areas that are designated as open to the general public, access is limited to those areas and only during specified hours. Unless otherwise posted, most public access areas are accessible by the general public during normal business hours (Monday – Friday from 8:00 AM to 5:00 PM). During other days and/or hours, all areas in the building are restricted to the University Community.
As noted above, there are some exceptions to this restriction; such as when a public event is being held in a university building; e.g. CCM performances, athletic events, meetings open to the public, etc., or when a building contains areas intended for public/guest/alumni use; e.g. bookstores, libraries, restaurants, recreation areas, etc.
There are some facilities that are restricted, even during normal business hours, and not all areas of the University are open to all members of the University Community. These areas are posted and/or locked. (Access to residence halls is restricted at all hours to residents, registered guests and authorized staff.)
Use of Storage Facilities on Campus
The University of Cincinnati does not permit use of any storage areas or facilities (such as lockers, cabinets, etc.) by anyone without express permission. Items found stored in violation of this section of the Use of Facilities Policy Manual will be confiscated and disposed of in accordance with the law concerning found property and/or contraband, as indicated by the type of property.
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GENERAL POLICIES PERTAINING TO THE USE OF UNIVERSITY FACILITIES The policies stated herein were developed by the Use of Facilities Policy Committee. They were approved by the Academic and Administrative Councils and the President of the University of Cincinnati and are administered and interpreted by the appropriate scheduling office. Appeals related to the application of these policies are to be referred to the Use of Facilities Policy Committee for review. These policies are not applicable to the Housing and Food Services Office or Hospital patient care areas which have their own separate policies.
The facilities of the University are the property of the State of Ohio, and are subject to all applicable state laws, rules and regulations.
Non-University individuals or groups can schedule use of University facilities within certain limitations.
The following priority is used for scheduling facilities:
1. Academic classes 2. Academic related activities 3. Activities sponsored or co-sponsored by the University of a University group. 4. Activities sponsored by a non-University group.
A non-University group may reserve facilities only if comparable facilities are not available commercially elsewhere in the local community. Requests by non-University groups for use of University facilities for activities which are in competition with the University’s educational or cultural offerings (classes, seminars, etc.), are not approved. Determination of whether competition exists is decided by the appropriate scheduling office in consultation with academic and administrative units.
The University of Cincinnati reserves the right to change facility assignments or to cancel any previously scheduled facility if such change or cancellation is made to meet University needs. The University is not responsible for any costs or damages suffered by a sponsoring group as a result of such change or cancellation.
Responsibilities of All Groups/Individuals Using University Facilities The sponsor must conduct an event in a manner that complies with all policies regarding the use of University facilities. The sponsor assumes total responsibility including, but not limited to financial and legal obligations for an event using University facilities. Specific smoking and use of alcohol regulations apply to University facilities and are detailed in Appendices B and C. Groups and individuals who sponsor an event are responsible for any loss or damage incurred by the University resulting from their occupancy of University facilities.
Rental Charges and Expenses A standard rental charge is made for the use of University facilities by a non-University group. No rental charge is made for the use of facilities for an event sponsored by the University or a University group held during hours when campus buildings are regularly open unless admission is charged or donations are requested. No rental charges are made for the use of facilities for events if the University is compensated through other direct methods, i.e., tuition, fees and/or
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grants. Rental charges may be obtained from the appropriate scheduling office. Student organizations sponsoring events involving admission charges or donations must obtain approval of the Student Activities and Leadership Development’s Financial Advisor. All rental charges are payable two weeks in advance of the event. Charges are assessed to all groups for direct expenses incurred as a result of occupancy beyond regular hours, special equipment, set-ups, services, and personnel required to service an event. All charges are based on the University Schedule of Charges for Use of Facilities on file in the appropriate scheduling offices. Requests for exceptions to established charges or advance payment are referred to the Use of Facilities Policy Committee.
Payment of all charges for the use of University facilities and services is the responsibility of the group and/or the agent representing the group. If the group does not meet its financial obligations to the University, the individual who requested use of facility is responsible for the payment. University groups which co-sponsor an event with a non-University group or organization are responsible for any financial and legal obligations incurred if not settled by the non-University group. Non-University groups must pay all outstanding charges within thirty (30) days following issuance by the University of a Statement of charges incurred unless otherwise stipulated in a signed contract.
Safety and Security Due to fire safety and building code regulations, stairways and corridors within buildings may not be used as gathering places or for holding events. Security requirements for all events using University facilities are determined by the University Department of Public Safety. Compliance with all safety and security laws is the responsibility of the sponsoring group or individual, but the University Police have the ultimate authority to insure compliance with all rules, regulations and laws. Persons present on University property are subject to the authority of the University Police. Non-University groups must obtain and maintain public liability insurance covering bodily injury and property damage in an amount to be determined by the appropriate scheduling office. A security deposit may be required.
The authority to determine the number of police/security personnel assigned to an event, their post/are of assignment, and their duties rests with the Department of Public Safety.
The University Police Officer assigned to an event shall insure compliance with safety rules, regulations, and laws. The use of firearms (including blanks), explosives, and/or pyrotechnics is prohibited without the express written permission of the Department of Public Safety.
Political Programs and Activities University groups may sponsor a political candidate for speaking engagements only. University facilities may not be used for political fundraising activities where solicitations of funds, donations or similar activities take place. No solicitation of funds may take place for the benefit of the sponsoring political organization and/or the political candidate. University facilities are not available to non-University groups for partisan political programs, receptions, fundraisers or similar activities.
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Fundraising Services of facilities are not available for fundraising purposes if the funds are designed solely to enrich an individual or commercial sponsor. This does not preclude fundraising activities in support of University groups or organizations.
Distribution of Printed Materials, Publicity, Promotional Methods, Posted Materials Individuals wanting to distribute printed materials on the West Campus grounds must first schedule the activity/distribution points in the Campus Scheduling Office. Distribution to the University community of printed materials, including fliers, handbills, and announcements, is limited to the northwest section of Mc Micken Commons, the sidewalk in front of Baldwin and the angled sidewalk on Sigma Sigma Commons (see diagram). In the interests of patient care, no distribution of printed materials is allowed on East Campus grounds.
Distribution must be done in an orderly manner and must not interrupt traffic on campus or otherwise interfere with the normal use of the area. Material distributed must have the name of the sponsoring person or group clearly indicated on the material. Individuals distributing printed materials are responsible for cleaning up debris in the areas affected. Non-University literature may be distributed to University employees only during the employees’ non-working time and in non-working areas with prior approval from Campus Scheduling on the northwest corner of McMicken Commons.
Advertising and promotional literature of events sponsored or co-sponsored by a University group must identify the specific University Department or Organization. All such material must be approved by the sponsor or co-sponsor prior to publication. Non-University groups may not use the University name, seal, logo, or other University identification in any advertising or promotional literature, except to note location of the event.
Any publicity within campus buildings must be registered by the appropriate office and/or person responsible for each bulletin board in the building. Posting is permitted on specified bulletin boards ONLY, not on walls or glass. Posters/fliers must be in reference to a University event or activity and must clearly state the name of the sponsoring group or organization. Posters/fliers must be removed immediately following the event.
Bulletin Boards Available West Campus Bulletin Board locations are on file at the Campus Scheduling Office. East Campus locations can be obtained from the appropriate Dean’s or Departmental office. Priority is assigned in the following order.
1. Official University events or activities 2. Events or activities sponsored by a recognized University group or unit. 3. Events or activities co-sponsored by a recognized University group or unit. 4. Events or activities sponsored by a non-University group, which may be of benefit or
interest to the campus community. Materials in this category are considered only if they do not conflict with University events and if space is available.
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Banners Banners advertising University events or sales that are scheduled in the Campus Scheduling Office can be displayed. Requests for banner displays are accepted January 1, for the ensuing academic school year Printing may list only the name of the event or sale, date, time, place and sponsor. Banners must be attractive, in good taste, and of general interest to the campus community. Banners carrying the name of an individual aspiring to an elected position not directly connected with the University are not permitted.
Recruiting and Information Tables Recruiting activities are scheduled through the appropriate scheduling office. When scheduling the event, the group is referred to the college office of each academic buildings involved to obtain approval. If the college office personnel determine the dissemination of information at the point desired interferes with traffic or internally planned programs, they may refuse the request. Groups scheduling recruiting activities in buildings other than Tangeman University Center furnish their own tables and chairs. Sales and Solicitation of Funds Groups wishing to conduct sales, or solicit funds must file a written application for approval with the Chair of the University Committee On Sales and Solicitation of Funds, and must adhere to the policies and rules contained in the University Sales and Solicitation Policy. Permission for a non-University group to contact sales is granted only if the group is co-sponsored by a University group, organization or department. No room-to-room soliciting is permitted at any time, at any location on campus. Sales may not be conducted in competition with the usual business of the University of its Departments. All sales and solicitation for funds shall be consistent with the educational and public responsibilities of the University. Gambling Gambling is prohibited on or within University buildings and grounds. Under the Ohio Revised Code, raffles may be allowed if they are conducted by organizations having 501 C (3) exemptions from the IRS. In order to conduct a raffle on campus, the group or organization must meet all applicable State and Federal requirements and must register with the Office of Campus Scheduling. Food Service Food service requests should be arranged through the appropriate scheduling office for each facility. For regulations governing the purchase and consumption of alcoholic beverages, see Appendix C.
Storage The University does not provide equipment storage for individuals or groups scheduling facilities. Equipment storage is the responsibility of the individuals or groups.
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Speakers, Speech and Assembly The following policies have been formulated to assure to all members of the campus community the right to inquire, to speak, to hear, and to assemble peaceably, reflecting the rights of academic freedom and the obligations of academic responsibility. All members of the University community shall honor the freedom of each individual within that community in matters of speech, learning, inquiry, hearing, and peaceful assembly. No one may interfere with the rights of others to pursue teaching, study, class attendance, research, learning, or administrative duties. Any University group may invite speakers to address their organization at any time. In the interest of intellectual integrity and academic responsibility, any group sponsoring a series of speakers should endeavor to present all sides of a controversial subject. The name of the speaker must be supplied on the scheduling application in the appropriate scheduling office no later than five days in advance of the meeting.
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Section I ACADEMIC FACILITIES Policies A particular academic facility may be used only for activities which are consistent with its basic design and purpose. Requests for reservations during times when a facility is not scheduled for University sponsored events are scheduled on a first-come, first-served basis.
West Campus The Office of the Registrar, Division of Registration and Scheduling, maintains the central file of some general purpose classrooms and seminar rooms and has scheduling authority in the rooms Monday through Friday, 7:30 a.m. to 6:30 p.m. This Division schedules rooms for the McMicken College of Arts and Sciences, the University College, the College of Education, the College of Engineering and the School of Social Work., This Division also schedules some space in the College of Business Administration, and the College of Design, Art, Architecture, and Planning. The College Conservatory of Music and the College of Law facilities are scheduled in their respective college offices. The College of Business Administration schedules academic space in Lindner Hall until class orders are submitted, then the Division of Registration and Scheduling assumes scheduling responsibility. The College of Design, Art, Architecture and Planning schedules use of its academic space with some assistance from the Division of Registration and Scheduling. The Campus Scheduling Office schedules the use of academic space for conferences, meeting and events when class is not in session and on weekends. The Division of Registration and Scheduling coordinates the scheduling of academic space for other courses convening after 6:30 p.m.
East Campus College of Medicine facilities in the Health Professions Building and the Medical Sciences Building may be used only when scheduled and confirmed in advance. An Application to Schedule Facilities must be completed for each event and submitted to the Medical Art and Design Services (MADS) for approval. Consideration for the use of facilities is given to complete, signed, written applications only. No oral requests will be honored. Final approval and rental charges for the use of facilities are based on the type and scope of the event, the financial arrangements, and the department or organization responsible for the event. Facilities are reserved “as is.” No arrangement of equipment, personnel, or services is included or implied with the confirmation of any College of Medicine facility. Facilities are not officially reserved until a signed confirmation copy of the application is received by the applicant from MADS.
College of Medicine academic classes and exams have the highest priority and supercede all other use of facilities. Monday-Friday 7:00 a.m. to 6:00 p.m., facilities are reserved exclusively for academic classes and exams, College of Medicine, Medical Center and University sponsored events only. Non-University events are not scheduled in the facilities during the academic day. After 6:00 p.m. Monday-Friday, and on weekends, consideration is given to non-University sponsored events for the use of Kresge Auditorium or Classroom E-351 only. No other College of Medicine facility is available for non-University events at any time.
The Colleges of Pharmacy and Nursing each schedule the use of their own facilities at the respective college office. Room reservations for the College of Pharmacy required courses,
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elective courses, seminars, and other programs are scheduled in preference to all other room reservation requests. Room reservations for the College of Nursing and Health must be made as far in advance as possible. Room assignments are made in a manner that will accommodate the number of students and best utilize the Procter Hall facilities. College of Nursing Health facilities may be reserved for conferences, meetings, or other special purposes on a one-time only basis. These reservations must be made far enough in advance to avoid conflict in scheduling. Requests for special arrangements of chairs, tables, etc., must be made two weeks in advance.
Branch Campuses Classrooms, seminar rooms, and laboratories are scheduled through the individual college offices. At Raymond Walters College, OMI College of Applied Science, and Clermont College, classrooms used for academic purposes are requested on a class order form or by memo through the college office. Classrooms for non-academic purposes are scheduled via memo or forms through the Business Office.
Procedures: Scheduling of teaching laboratories and special purpose rooms is accomplished through the individual departments or colleges responsible for those facilities. However, the usage of these rooms is reported to the Office of the Registrar, Division of Registration and Scheduling when the class orders are submitted. All requests for specific classrooms, seminar rooms and auditoria, must be directed to the Office of the Registrar, Division of Registration and Scheduling, on a class order form each quarter. A class order may be placed at any point in the quarter and students have access to the course through the registration process on the same day the class order is placed. To have the class published in “Learning Opportunities,” the schedule of classes, a class order must be placed by a specific deadline date three (3) to six (6) months in advance of the start of the quarter. If no room is available, the class order will not be entered and the college/department will be notified that the class order is being held until a room opens at the requested time or the department will be offered alternate, open time slots.
Each college and/or department is given preference in their own building or in adjacent buildings as space permits. Classes are scheduled into classrooms based on estimated enrollment when the mix of rooms available allows a match of the room with the estimated enrollment. Requests for the use of specific classrooms on a preferred basis may be made, but there is no guarantee that the specific room requested will be scheduled. Although the scheduling office prefers to keep all classes in the same room each quarter, the changing mix of course/selections each quarter including on quarter courses, and trailer courses, makes it impossible to keep all continuing courses in the rooms that they occupied in the Autumn Quarter.
Extra (all-quarter) one day meeting times called “extra rooms” for regularly scheduled academic courses are scheduled only after all other academic scheduling has occurred. One day meetings are currently not scheduled until the week before the quarter begins.
On the West Campus, large auditoria scheduling occurs once annually in January for the next academic year. Large auditoria request forms are delivered to all colleges and Arts and Sciences departments in December each year, and are due the first week of January. Scheduling is
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accomplished before February 1 so that college/departments know their large auditoria schedule in order to plan their other course requests before Autumn class orders are due. After the schedule for large auditoria is published, a course/section may not change the day or time. Remaining space may be requested for use by any college/department and it is granted whenever possible. The Office of the Registrar, Division of Registration and Scheduling has final authority to move course/sections if the need arises, especially if a larger course/section needs one of these large auditoria. On the East Campus, large auditoria scheduling arrangements are made though the college offices. Once the scheduling process of course/sections is completed for a quarter (about 45 days before classes begin), classroom assignments are sent to each college. Once room assignments are published and circulated, a college/department may request a room change. Since room assignments are published on schedule/bills, room changes should not be made unless absolutely necessary. The students receive no notice that a room change has occurred prior to going to the first class meeting where a room change sign is posted directing them to the new room. Room change requests are accomplished through the department or college to keep them updated as to the new location of the course. Room change requests are honored if a room is available that will accommodate the course/section enrollment. Over subscription due to closed course petitioning should be avoided. Classroom Time Blocks All undergraduate classes (excluding laboratories) are scheduled at regular times as defined below:
· Monday, Wednesday, Friday on the hour in 50 minute time blocks · Tuesday and Thursday on the hour or half hour in 1 ½ hour time blocks
Graduate courses may be scheduled in 2 to 3 hour time blocks, but they should begin and end on the hour Monday, Wednesday, and Friday or on the hour or half hour on Tuesday and Thursday.
Free Hours The University has a Free Hour on Tuesday and Thursday 12:30 p.m. to 2:00 p.m. For scheduling purposes, any course with a meeting time that crosses through that hour is considered as meeting during the Free Hour. Permission to use the Free Hour for classroom scheduling is given with the proviso that only multiple section courses are scheduled during that time period. The proviso is made primarily so that those students and faculty involved in campus activities may select another section if necessary. Colleges and departments which find it necessary to schedule a single section course during the Free Hour must request an exception to the Free Hour Policy. Such requests should be in writing to the Director of Registration and Scheduling. Written notification is sent to the requesting department following review.
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Section II NON-ACADEMIC FACILITIES
Procedures The Campus Scheduling Office, 265 Tangeman University Center (556-2442) is responsible for scheduling all University facilities including exterior open space on West Campus when they are not in use for academic purposes. The implementation of University policies and charges related to the use of facilities is also the responsibility of the Campus Scheduling Office. Individuals wanting to schedule meetings, conferences, workshops, institutes, concerns and other events requiring University facilities, housing, food services, parking, etc., must make arrangements in this office. College of Medicine facilities are scheduled by Medical Art and Design Services (MADS), Room E-401 MSB, 231 Bethesda Avenue, Cincinnati, OH 45267-0574, 588-0161. Facilities may be used only when scheduled and confirmed in advance. An Application to Schedule Facilities must be completed for each event and submitted to MADS for approval.
The scheduling of facilities on branch campuses and athletic facilities, including notification to the Campus Scheduling Office and the implementation of University policies regarding their usage, has been delegated to the offices listed in Section IV of this Manual.
Facilities are not officially reserved or confirmed until a signed confirmation copy of the application is received by the applicant from the office. An event should not be advertised or promoted until formal confirmation is received. If use of a reserved facility is to be cancelled, the sponsor or co-sponsor must notify the appropriate scheduling office as soon as possible and should also cancel arrangements for equipment, personnel, and services made in connection with the event. Written notice of cancellation or changes relating to an event should be received by the appropriate scheduling office no later than five (5) working days prior to the event. The sponsor and co-sponsor are responsible for all costs incurred by the University for events, which are reserved but subsequently cancelled.
1. Oral Request for Space: Oral requests for space may be made for classrooms and designated “pre-set” rooms within Tangeman University Center. A maximum of three dates may be reserved by telephone. All rooms “as-is” without equipment. Tentative requests for changeable rooms may be made by phone. An application must be submitted to confirm the reservation.
2. Written Request for Space: Changeable rooms, events, requiring more than three dates and events incurring charges must be submitted by application in order to be confirmed.
3. Confirmation: University facilities may be used only when scheduled and confirmed in advance. A facility is not officially reserved until the applicant receives written confirmation from the Campus Scheduling Office.
Please allow a minimum of five (5) working days notice for a written request. Ten (10) working days notice is required for reservations requiring security, electricians, media center technicians and table rentals (more than six (6) tables in Tangeman University Center and any tables in a university facility outside of Tangeman University Center. PLEASE
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DO NOT ADVERTISE FACILITIES UNTIL WRITTEN CONFIRMATION IS RECEIV ED.
4. Cancellations: The Campus Scheduling Office should receive Cancellations or changes of a confirmed meeting, function or event as soon as possible in writing. Organizations or departments will be held responsible for any charges incurred due to failure to cancel. In addition there will be a fee incurred for any group that does not cancel in writing with the Campus Scheduling Office a minimum of five (5) business days prior to their event. The Campus Scheduling Office reserves the right to cancel a confirmed meeting if it is found to be in competition with the University’s educational or cultural offerings.
Cancellation of events involving security, electrician and media center technicians must be made in writing a minimum of five (5) business days prior to the event. Organizations will be responsible for charges incurred if the Campus Scheduling Office does not receive notice, as outlined by the stated timeframes.
5. Food Service/Catering: If food service is desired in Tangeman University Center, arrangements must be made with the Catering Office in TUC (556-3135) after space has been reserved in the Campus Scheduling Office. A food service waiver must be obtained in advance from the Campus Scheduling Office for groups requesting special catering privileges. Tickets sold must clearly state the cost of the meal. If a catering waiver is approved Room Rental will apply.
6. Special Equipment or Arrangements: After an event has been scheduled, please contact the Campus Scheduling Office for any changes or additions in the original set-up requested. The use of media equipment outside Tangeman University Center must be arranged with the Media Center (556-1977).
7. The Campus Scheduling Office reserves the right to modify room assignments at the University of Cincinnati as necessary. However, every effort will be made to notify the applicant in a timely manner of any room modifications and to notify the applicant in a timely manner of any room modifications and to schedule compatible meeting space.
8. CHARGES: Information concerning charges governing the use of university facilities is available in the Campus Scheduling Office. Bills will be rendered in accordance with the university schedule of charges. Use of facilities will not be permitted until all outstanding financial obligations have been met. Payment of all bills will be the responsibility of the sponsor if the individuals or groups in charge of the event do not meet financial obligations incurred.
9. Please note, any equipment needs must be requested in writing in advance or you will incur a $100.00 rental fee if supplied the day of the event. There is also a 30 minute grace period for groups to arrive at their event at their scheduled time. Groups who arrive more than 30 minutes late for their event will be subject to a $100.00 late arrival fee. If the event occurs on a weekend, after 30 minutes the room will be secured and staff will no longer be available. If food or beverages are part of your event in TUC, it must
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be ordered through Classic Fare Catering at 556-3135. If food and beverages are brought into TUC from any outside source, room rental will be assessed and charged to the sponsoring organization.
10. RESPONSIB ILITIES OF GROUP USING UNIVERSITY FACILITIES: Groups will be held responsible for any loss or damage incurred while the facilities are reserved in their name. Assessments will be made accordingly.
11. SPONSOR RESPONSIB ILITY: Sponsor is defined as the individuals, department or organization within the university, which assumes total responsibility including, but not limited to, any financial and legal obligations, for a project or activity using facilities.
12. POLICIES REGARDING USE OF UNIVERSITY FACILITIES: Basic policies, in addition to those listed are on file in the Campus Scheduling Office and are administered and interpreted by this office. Questions regarding interpretation may be referred to the Use of Facilities Advisory Committee for consideration.
a. Gambling and Raffles – In any form are prohibited on or within the university buildings and grounds.
b. Smoking – Smoking is not permitted inside any campus facility.
c. Solicitation – Any recognized student group wishing to sponsor a vendor on campus must complete the appropriate forms in the Student Activities and Leadership Development Office.
13. PARKING: Guest parking is available in the College Conservatory of Music Boulevard Garage (off Corry Boulevard) the Clifton Court Garage (off Clifton Court), the Woodside Garage (on Woodside Drive), or the Campus Green Drive Garage (off Martin Luther King Jr. Avenue) on an hourly basis. The Campus Scheduling Office will supply the necessary forms to be returned to the Parking Office when special events are scheduled.
14. STUDENT ORGANIZATION:
1. Meetings or Events: Student groups must schedule all on-campus events in the Campus Scheduling Office. Selected events may require approval from the Student Activities and Leadership Development Office prior to receiving final confirmation by the Campus Scheduling Office. Groups incurring charges must have written approval from their faculty advisors prior to confirmation of any events.
2. Residence Hall Facilities: Residence hall facilities are not available to nonresidence hall groups during the academic year and may only be scheduled through the central office of Resident Education and Development.
Free Speech Area The northwest section (see diagram) of McMicken Commons immediately east of McMicken Hall on the West Campus is designated as the main free speech area. Individuals or groups wanting to use these areas must schedule the activity in the Campus Scheduling Office. Anyone violating this policy may be charged with trespassing. No more than one musical or speaking activity is permitted at the same time.
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Amplification Amplification is permitted only by University organizations at the following times and places:
Center sections (2) of McMicken commons or Bearcat Plaza, 12:30 p.m. to 2:00 p.m., Tuesday and Thursday, during the Autumn, Winter and Spring Quarters, but not during exam weeks, between quarters or during the Summer Quarter. Sigma Sigma Commons, Campus Green and Athletic Practice Field 12:30 p.m. – 2:00 p.m Tuesday and Thursday
5:00 p.m. – 11:00 p.m. Friday 12:00 Noon – 11:00 p.m. Saturday 12:00 Noon – 6:00 p.m. Sunday
Groups must contact Work Control for electrical service needs for these areas (556-6404). Each group may schedule in advance only two amplification dates per quarter. Groups may obtain an additional amplification date if there is an opening forty-eight hours before the desired date. The maximum sound level is to be 90 decibels. The sponsoring organization and/or the University Police are responsible for maintaining allowable sound levels.
Demonstrations, Picketing and Rallies Groups planning a demonstration picket or rally should contact the Campus Scheduling Office or the appropriate scheduling office to familiarize themselves with University policies governing the activity. Demonstrations, picketing or rallies must be scheduled in the appropriate scheduling office and may only take place on the northwest corner of McMicken Commons. Anyone requesting to demonstrate, picket or rally must give prior notice of ten (10) working days to the University Police. Such activities are not permitted inside any campus building. Bonfires require additional clearance from the scheduling office, the Department of Facilities Management, the Department of Public Safety, and the Cincinnati Fire Department.
Disruptive Conduct If classes or administrative functions of the University are being disrupted, the persons creating or inducing the disturbance, once notified by University Police, or the appropriate scheduling office, must bring their activities to a non-disruptive level. If the disruption continues, the University Police may require the crowd to disperse and/or speaker to terminate the program or activity.
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Section III ATHLETIC FACILITIES
Policies The playing and practice fields, tennis courts, organized recreational areas, swimming pool and facilities in Laurence Hall are scheduled by the Athletic Office, Room 316 Laurence Hall, 5565601 in cooperation with the Campus Scheduling Office. Facilities located in Shoemaker Center, except UCATS, are scheduled by calling 556-2170. Use of the UCATS facility for private meetings, dinners and parties is scheduled by calling 556-4884. The priority in scheduling Athletic facilities is as follows:
1. Academic classes 2. Varsity Games 3. Team practice sessions, visiting team practices and athletic events 4. Scheduled band practices 5. Intramural activities 6. Student free play recreation 7. University groups 8. Non-University groups
Exceptions to these policies must be negotiated between the Directors of Athletics and the Campus Scheduling Office. If an agreement cannot be reached, an appeal may be made by the Campus Scheduling Office to the Use of Facilities Policy Committee. Procedu res: University groups that charge admission to an event will be required to pay rent plus direct expenses when contracting for the use of athletic facilities. In situations where no admission is charged, the rental fee may be waived at the discretion of the Athletic Department. The Athletic Department bills the group and makes arrangements. The Cincinnati Recreation Commission is considered in the same category as a University group due to reciprocal benefit programs. All Cincinnati Recreation Commission events involving admission or entry fees are charged the standard rental fee plus expenses. Non-University groups are charged rental plus all direct and indirect costs in accordance with the Schedule of Charges.
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Section IV AREA SPECIFIC FACILITIES

Name of Facility

Academic Space – General Purpose Classrooms

Statement of Purpose (intended use)
General purpose rooms are centrally scheduled classrooms available to any academic unit needed to teach a course or section of a course.
Specific Policies which apply to this Facility
Course must be approved by the academic unit and entered on the Master Catalogue of Courses. Room requests must be submitted quarterly on class order form. Day courses must be requested in 50 minute time blocks beginning at 8:00 a.m. if M, W, F or 90 minute time blocks beginning on the hour or half hour if T/TH.
Priority of Usage (if any)
College and departments are given preference in rooms within their own building.

Contact: Phone Number: Office and Mail Location

How to schedule:
Administrative Support Specialist – Classes 556-6500 530-A University Pavilion, M.L. 0150

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Name of Facility

African American Cultural & Research Center

Statement of Purpose (intended use)
The African American Cultural and Research Center is established as a community center of the University to serve the faculty staff and alumni, as well as the community at large.

Specific Policies which apply to this Facility
Reservations must be made 14 days in advance in accordance with the African American Cultural and Research Center reservation procedures.

Priority of Usage (if any)
In order of receipt of formal request for use.

Contact: Phone Number: Office and Mail Location

How to schedule:
Administrative Coordinator 556-1177 Sander Dining Facility, M.L. 0386

All other uses must be scheduled through Campus Scheduling Office.

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Name of Facility

College of Business - Lindner

Statement of Purpose (intended use)
Academic use by the College of Business Administration. Limited non-academic use.

Specific Policies which apply to this Facility
See Section I West Campus Academic Facilities.

Priority of Usage (if any)
College of Business academic classes and academic related activities get first priority.

Contact: Phone Number: Office and Mail Location

How to schedule:
Officer Manager 556-7003 102 E Lindner, College of Business, M.L. 0020

All other uses must be scheduled through Campus Scheduling Office.

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Name of Facility

CCM – Emery Hall, Corbett Auditorium, Patricia Corbett Theater

Statement of Purpose (intended use)
Academic usage by the College-Conservatory of Music. Limited non-academic use.

Specific Policies which apply to this Facility
See Section 1 West Campus Academic Facilities.

Priority of Usage (if any)
CCM academic classes and academic related activities receive first priority.

Contac: Phone Number: Office and Mail Location

How to schedule:
Associate Dean 556-6638 Corbett Hall, M.L. 0003

All other uses must be scheduled through Campus Scheduling Office.

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Name of Facility

Clermont College

Statement of Purpose (intended use)
Clermont College, a branch of the University of Cincinnati, is a community oriented stateassisted institution of higher education. As such, it encourages use of its facilities by College, community and other organizations for lawful purposes during those times when such use will not interfere with the regularly scheduled educational programs and other bona fide College activities.

Specific Policies which apply to this Facility
Check with the contact person listed below.

Priority of Usage (if any)
Academic classes Academic related activities Activities sponsored or co-sponsored by the University or a University group Activities sponsored by a non-University group

Contact: Phone Number:
Office and Mail Location

How to schedule:
Executive Staff Assistant 732-5286
106-B Clermont College, M.L. 0162

All other uses must be scheduled through Campus Scheduling Office.

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Name of Facility

DAAP

Statement of Purpose (intended use)
Academic usage by the College of Design, Art, Architecture and Planning.

Specific Policies which apply to this Facility
See Section 1 West Campus Academic Facilities.

Priority of Usage (if any)
Academic classes Academic related activities Activities sponsored or co-sponsored by the University of a University group Activities sponsored by a non-University group

Contact: Phone Number: Office and Mail Location

How to schedule:
Building Coordinator 556-1209 5415 Aronoff, M.L. 0016

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Name of Facility

Exterior/Open Space

Statement of Purpose (intended use)
Passive recreational use by students, faculty, and staff of the University.

Specific Policies which apply to this Facility
Must be a University event sponsored by a department, administrative office, committee, recognized student organization or other official unit of the University of Cincinnati. Student organizations must have departmental approval or approval of a faculty advisor and University budget account number if charges are involved with the event.

Priority of Usage (if any)
University sponsored events will have priority over all non-University events. Events with registration or admission fees will be charged rental fees for the use of open space.

Contact:
Phone Number: Office and Mail Location

How to schedule:
Administrative Support Specialist Office of Campus Scheduling
556-2442
260 Tangeman University Center, M.L. 0220

Name of Facility

The Cincinnati Faculty Club

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Statement of Purpose (intended use)
The Cincinnati Faculty Club is available for use by members and their guests or for University groups, departments or organizations. Food service is available.
Specific Policies which apply to this Facility
Specific policies which apply are published in a special Cincinnati Faculty Club brochure available from the contact person listed below.

Priority of Usage (if any)
Use by members Use by University groups, departments or organizations

Contact: Phone Number: Office and Mail Location

How to schedule:
Director of Catering 556-4154 Richard Lindner Center, M.L. 0106

Name of Facility

Faculty Conference Center – East Campus

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Statement of Purpose (intended use)
To support the educational goals of the Medical Center by providing dining and meeting facilities.
Specific Policies which apply to this Facility
Reservations must be made by member departments or individual members.

Priority of Usage (if any)
For the use of Medical Center, Hospital Administration and Medical Center Faculty Departmental meetings (most people attending should be eligible for FCC membership or be non-Medical Center guests).

Contact: Phone Number: Office and Mail Location

How to schedule:
558-8609 MSB 101, M.L. 0716

Name of Facility

Fieldhouse and Laurence Hall

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Statement of Purpose (intended use)
To be used for classes, intramural use, recreation, varsity teams, ROTC, AROTC, cheerleaders and any University groups. A multi-purpose facility.
Specific Policies which apply to this Facility
All are to be University groups.

Priority of Usage (if any)
Classes Varsity Teams Recreation and Intramurals Summer Camps University Groups
Contact Person:
Phone Number:
Office and Mail Location

How to schedule:
556-5601 316 Laurence Hall, M.L. 0021

Name of Facility

College of Medicine – Kresge Auditorium

Statement of Purpose (intended use)
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Academic classes and exams.
Specific Policies which apply to this Facility
Non-University events may be scheduled during the day. Lobby area will not be scheduled if an activity is going on inside the Auditorium. No dressing or storage facilities. No food or beverages.

Priority of Usage (if any)
Academic classes Exams College of Medicine Medical Center University Events Non-University events
Contact: Phone Number: Office and Mail Location

How to schedule:
Library Associate II. 558-4186 Room E-001, MSB, M.L. 0574

Name of Facility

Langsam Library

Statement of Purpose (intended use)

The Langsam Library serves as the main the library of University of Cincinnati Libraries and provides the information resources and services in education, business, and the humanities and social sciences necessary for research and instruction. In addition to study carrels and tables, group study rooms, and faculty study rooms are provided.

The UCit@Langsam 24x7 study and computing lab resides on the 500 level of Langsam Library. UCit@Langsam is a joint project of University of Cincinnati Libraries and the University of
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Cincinnati Information Technology (UCit) that combines the expertise and experience of both staffs to coordinate and increase access to information and technology.
Also located within Langsam Library, and a partner in many library collaborations, is The Center for the Enhancement of Teaching & Learning (CET&L). CET&L serves the University’s teaching faculty and graduate teaching assistants. The goal of the Center is to create development opportunities that enhance teaching and improve student learning.
Specific Policies which apply to this Facility
All rooms within Langsam Library are scheduled by the library; there are no centrally scheduled rooms.
Group study rooms (503-504 and 602-607) are available on a first-come first-serve basis to students and staff. These rooms can accommodate between 6-12 people. Reserve group study rooms (541-544) are also available in the UCit@Langsam study and computing lab. To reserve a groups study room within the 24x7 space please contact UCit@Langsam at 556-0168.
Media viewing room 502 is available to small groups of students and small classes to view projected medium. The room is equipped with a 27’ TV, DVD/VHS player, and data projector. This room can accommodate up to 12 people. To reserve this room for video viewing please contact the Circulation Services Department at 556-1424.
Conference rooms 671 and 571 are primarily used for University Libraries’ faculty and staff. These rooms can accommodate up to 35 people. Other academic departments may inquire about using the room for one time meetings by contacting the Office of the Dean and University Librarian at 556-1515.
Instruction room 480C is intended for use by University Libraries and CET&L. The room is primarily to be used for instruction, but may also be used for other activities sponsored by UL or CET&L. To inquire about room use call CET&L at 556-3053.
Priority of Usage (if any)
All rooms within Langsam Library are scheduled by the library, or our partners UCit and CET&L (see info above); there are no centrally scheduled rooms.
Smoking is not permitted.
Beverages in closed containers (bottled water, travel mugs, sodas, coffee cups with lids, thermoses, etc.) are permitted in Langsam Library. Those who consume beverages in the libraries are asked to contact the person at the nearest service desk for assistance if they accidentally spill a beverage. Drinks are not permitted in the following areas:
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The Student Technology Resource Center Classrooms
Consumption of food is prohibited in library facilities. University of Cincinnati Libraries provides Langsam Library space both on the outside patio and in the 5th floor lobby, for patrons to consume food. Anyone who violates these policies will be asked to dispose of their food and drink, or leave the building.
How to schedule:
Group Study 503-504 and 602-607are available on a first-come first-serve
Reserve group study rooms 541-544 – UCit@Langsam, 556-0168
Media Viewing room 502 – Circulation Services Department, 556-1424
Conference rooms 671 and 571 – limited availability, call Office of the Dean and University Librarian, 556-1515
Instruction room 480C – limited availability, instruction purposes only, one-time classes considered. Call CET&L at 556-3053 to inquire.

Name of Facility

College of Law

Statement of Purpose (intended use)
Academic use by the College of Law. Limited non-academic use.
Specific Policies which apply to this Facility
See Section I. West Campus Academic Facilities.

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Priority of Usage (if any)
College of Law academic classes and academic related activities get first priority.

Contact: Phone Number: Office and Mail Location:

How to schedule:
Assistant Director Academics 556-0063 Room 200 College of Law, M.L. 0040

Non-Academic use scheduled by Office of Campus Scheduling

Name of Facility

Medical Science Building (MSB) – Including Levine Park

Statement of Purpose (intended use)
College of Medicine academic usage.

Specific Policies which apply to this Facility
Only Kresge Auditorium and Classroom E-351 can be used for non-University events and only after 6:00 p.m. Monday-Friday and weekends.

Priority of Usage (if any)
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College of Medicine academic classes and exams.

Contact: Phone Number: Office and Mail Location

How to schedule:
Library Associate II. 558-4186 Room E-001, MSB

Name of Facility

Russell C. Myers Alumni Center

Statement of Purpose (intended use)
Primary use by alumni groups and organizations and units affiliated with the University.

Specific Policies which apply to this Facility
User fees are charged and food service is available from approved caterers.

Priority of Usage (if any)
The Russell C. Myers Alumni Center is available for use by constituent alumni groups and alumni organizations, University departments and the general public.

Contact:

How to schedule:
Executive Staff Assistant 31

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Phone Number: Office and Mail Location

556-4344 Myers Alumni Center, M.L. 0024

Name of Facility

Nippert Stadium – Baseball Stadium – Fields 1, 2, 3

Statement of Purpose (intended use)
For use by classes taught by the University of Cincinnati, varsity teams, intramural

Specific Policies which apply to this Facility
To be used primarily by the above mentioned groups. Rental of any of the above mentioned facilities will be considered based on availability.

Priority of Usage (if any)

Classes Varsity Teams Recreation and Intramurals Summer Camps University Groups Outside Groups

How to schedule:

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Contact Person: Phone Number: Office and Mail Location

James Kelly 556-5601 316 Laurence Hall, M.L. 0021

Name of Facility

Non-Academic Space

Statement of Purpose (intended use)
To provide rooms which have the necessary amenities for holding meetings, receptions, and conferences for the campus community.

Specific Policies which apply to this Facility
Non-University related events may request the use of interior spaces, however, the organization must fall within the University guidelines and must not conflict with the sex, race, or other discrimination policies and must be prepared pay applicable rental, security and housekeeping charges.
Priority of Usage (if any)
Priority will be given to functions which involve and are sponsored by a department, administrative office, committee, recognized student organization or official unit of the University.

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Contact:
Phone Number: Office and Mail Location

How to schedule:
Administrative Support Specialist Office of Campus Scheduling
556-2442
260 Tangeman University Center, M.L. 0220

Name of Facility

College of Nursing & Health

Statement of Purpose (intended use)
Academic usage by the College of Nursing and Health.

Specific Policies which apply to this Facility
Rooms may be reserved for conferences, meetings or other special purposes by College of Nursing and Health faculty on a one-time only basis.

Priority of Usage (if any)
College of Nursing and Health Other organizations
How to schedule:
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Contact: Phone Number: Office and Mail Location

558-5635 Room 413 Procter Hall, M.L. 0038

Name of Facility

Observatory – Hyde Park

Statement of Purpose (intended use)
Educational
Specific Policies which apply to this Facility
Contact Physics Department for all details.

Priority of Usage (if any)
Contact Physics Department for all details.

Contact Person: Phone Number:

How to schedule:
Donna Deutenberg 556-0501

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Office and Mail Location

400 Geology-Physics, M.L. 0011

Name of Facility

OCAS – Victory Parkway Campus

Statement of Purpose (intended use)
Academic use by the College of Applied Science.
Specific Policies which apply to this Facility
See General Policies pertaining to the Use of University Facilities.

Priority of Usage (if any)
Academic classes Academic related activities Activities sponsored or co-sponsored by the University or a University group Activities sponsored by a non-University group

How to schedule:

Contact Person:

Associate Dean’s Office

Phone Number:

556-6580

Office and Mail Location

Room A-208 CAS, M.L. 0103

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Name of Facility

Old OCAS – Central Parkway and Walnut Street

Statement of Purpose (intended use)
Lower level machine shop – art exhibits Room 12 – receptions and meetings.
Specific Policies which apply to this Facility
All University Policies which apply to special use space.

Priority of Usage (if any)
UC faculty, students, administration UC sponsored programs Non-University users/public

Contact Person: Phone Number: Office and Mail Location

How to schedule:
Office of Campus Scheduling 556-2442 265 Tangeman University Center, M.L. 0015
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Name of Facility

Old Shriners Rooms #26 (Auditorium) & 25

Statement of Purpose (intended use)
Academic: Classes and exams.
Specific Policies which apply to this Facility
Non-University events may be scheduled daily. No dressing or storage facilities.

Priority of Usage (if any)
Classes – C.O.M. Exams – C.O.M. Medical Center Classes/Exams University Events Non-University Events

Contact Person: Phone Number: Office and Mail Location

How to schedule:
Linda Young 558-5447 Room #-401 MSB, M.L. #0574

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Name of Facility

Parking Lots and Garages

Statement of Purpose (intended use)
Although the primary purpose of the parking lots and garages on the University of Cincinnati campus is for the parking of vehicles during class times and University sponsored events, these facilities, under the supervision of Parking Services, may be reserved for co-curricular activities.
Specific Policies which apply to this Facility
An Application to Schedule Facilities must be completed and returned to the Office of Campus Scheduling. Interested parties much keep in mind that the application will need to be authorized through Parking Services and will require additional time and planning. Parking Services will make every attempt to accommodate the request for such facilities. Determination of these facilities will be made on a case-by-case basis and will be considered according to the availability of the parking lot/garage by other events scheduled on campus.

Priority of Usage (if any)
For specific information on scheduling parking lots and garages on the University of Cincinnati campus, please contact the Parking Services Office at 556-2283.

Contact Person: Phone Number:

How to schedule:
Office of Campus Scheduling* Julie – Parking Services Office**
556-2442* 556-2283**
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Office and Mail Location

265 Tangeman University Center, M.L. 0015* Four Edwards, M.L. 0160**

Name of Facility

College of Pharmacy

Statement of Purpose (intended use)
Academic use for courses and seminars.
Specific Policies which apply to this Facility
See Section I Academic Facilities Policies.

Priority of Usage (if any)
College of Pharmacy required courses, elective courses, seminars, and other programs will be scheduled in preference to all other room reservation requests.

Contact Person: Phone Number: Office and Mail Location

How to schedule:
Receptionist 556-0501 136 Health Professions Building, M.L. 0004

Name of Facility

Raymond Walters College – Muntz Hall, Flory Center

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Statement of Purpose (intended use)
Academic use by Raymond Walters College. Limited non-academic use.

Specific Policies which apply to this Facility
Check with appropriate contact person listed below.

Priority of Usage (if any)
Academic classes Academic related activities Activities sponsored or co-sponsored by the University or a University group Activities sponsored by a non-University group

How to schedule:

Contact Person:

(Academic/Non-Academic): Debbie Miller

Phone Number:

745-5685

Office and Mail Location

Room 107 Raymond Walters College, M.L. 0086

Contact Person

(Flory Center):

Secretary to Associate Dean

Phone Number

745-5682

Office and Mail Location

Room 8, Flory Center, M.L. 0086

Name of Facility

Shoemaker Center

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Statement of Purpose (intended use)
Multi-purpose facility designed to promote varsity athletics, intramural and recreational activities, student and faculty sponsored events, concerts and other outside special events.
Specific Policies which apply to this Facility
Rent and expenses will be charged for all events held in the arena. Rental fee may vary with the type of event.

Priority of Usage (if any)
Varsity athletic contests Academic classes Team practice sessions Intramurals and recreation University sponsored events Outside special events
Contact Person: Phone Number: Office and Mail Location

How to schedule:
Scott Wilholt 556-2170 329 Shoemaker Center, M.L. 0021

Name of Facility

Swimming Pool Laurence Hall

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Statement of Purpose (intended use)
To be used primarily by the above mentioned groups before any outside groups can be considered.
Specific Policies which apply to this Facility
All University Policies which apply to special use space.

Priority of Usage (if any)
Classes Varsity Sports Intramurals Recreation camps during the summer University groups Outside groups

Contact Person: Phone Number: Office and Mail Location

How to schedule:
James Kelly 556-5601 316 Laurence Hall, M.L. 0021

Name of Facility

UCATS Club

Statement of Purpose (intended use)
To provide special dining, meeting and entertainment facility for activities associated with Shoemaker Center events. The facility may be used on evenings when no event is being held in Shoemaker Center.
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Specific Policies which apply to this Facility
Rental fee and expenses to be determined by the Director of the UCATS organization. Catering must be used through the UCATS caterer at the time of the rental of the facility.

Priority of Usage (if any)
UCATS Board of Trustees Varsity contests Outside special events UCATS members University community Outside groups
Contact Person:
Phone Number:
Office and Mail Location

How to schedule:
Scott Wilholt 556-2170 320 Laurence Hall, M.L. 0021

*Definitions *Individual Policies

APPENDICES:

Appendix A – DEFINITIONS Academic facilities are classrooms, auditoria, studios and laboratories, which have the capacity and amenities for holding academic courses.
Athletic facilities are the playing and practice fields, track, locker rooms, swimming pool, gymnasiums, tennis courts, racquetball courts, weight rooms, organized recreational areas and other areas located in Laurence Hall, Armory Fieldhouse, Nippert Stadium, or Shoemaker Center.
College/Departmentally controlled rooms are laboratories and specifically equipped classrooms in which only courses of a specified college/department are scheduled. Office of the Registrar, Division of Registration and Scheduling will not schedule other courses in these rooms

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except on an emergency basis and only after checking with the college or department prior to scheduling the room. All rooms on the East Campus fall into this category.
A co-sponsor is the University department or faculty/student organization which attests to the credibility of the non-University sponsor and assumes joint responsibility for payment of outstanding debts incurred and not settled by the non-University sponsor. All co-sponsored events must be approved by the appropriate department head, dean, or vice-president.
Exterior open space is outdoor space surrounding or surrounded by University buildings and provided for passive, unorganized recreational use by students, faculty, and staff of the University. Such spaces can be open lawns, greens, yards or plazas that are landscaped with either planted materials and/or hard surfaces. Specific exterior open spaces covered by this policy are as follows:
Blegen Lawn (west of Blegen Library) McMicken Commons (east of McMicken Hall) Jefferson Quad (south of Sander Dining) Library Square (north of Rhodes Hall) McMicken Lawn (west of McMicken Hall) University Court or Fieldhouse Commings (north of Armory Fieldhouse, including grand stairs) Martin Luther King Green (from Clifton and Martin Luther King intersection to Langsam) Campus Green (formerly Parking Lot #1) The Braid (running from Campus Green to McMicken Commons) Teacher’s College/Dyer Quad (surrounded by Teacher’s College/Dyer Hall) Nautilus Plaza CCM Plaza
General purpose classrooms on the West Campus are the non-laboratory, general use classrooms for which the Office of the Registrar, Division of Registration and Scheduling has scheduling authority from 8:00 a.m. to 6:30 .m. Monday through Friday. After 6:30 p.m. and on weekends, the _ has scheduling authority. On the East Campus and branch campuses, generalpurpose rooms are under the control of the college or department.
Non-academic facilities are rooms or open public areas which have the capacity as well as necessary amenities for holding meetings, receptions, etc. These spaces generally consist of meeting/seminar rooms, lounges, student gathering spaces, etc.
A non-University group is any group not affiliated with the University of Cincinnati.
Preferentially scheduled rooms exist on the West Campus. In these rooms, colleges and departments have first option to schedule courses. In order to guarantee preferential scheduling in these rooms, colleges/departments must have submitted their requests for these specific rooms on a class order form that must be submitted at the time class orders are due on the West Campus. Later requests for space in a preferential room may not be honored.
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Appendix B – INDIVIDUAL POLICIES
ALCOHOL POLICY Introduction It is the goal of the University of Cincinnati to maintain an on-campus environment that shall be conducive to the intellectual, emotional and social growth of all members of its community. The University of Cincinnati has established the following policy governing the possession, sale and consumption of alcohol on its campuses. It is the University’s intention through these policies to be clear about University consequences attributed to irresponsible or illegal usage of alcohol on campus.
Policy The University shall implement and enforce the laws of the State of Ohio as stated in the Ohio Revised Code. It is the responsibility of each student, staff and faculty member to be familiar with the requirements of the Ohio Revised Code and the provisions of this policy and to conduct themselves accordingly.
As permitted by law, individual students, faculty and/or staff may purchase, possess and/or consume beer or intoxicating liquor on campus at certain campus events, in designated campus facilities and in campus facilities having permits issued by the Ohio Department of Liquor Control.
RESTRICTIONS IN THE OHIO REVISED CODE INCLUDE THE FOLLOWING: (1) It is unlawful for a person under 21 years of age to purchase, consume, possess, or transport any beer or intoxicating liquor. (2) It is unlawful to knowingly and falsely misrepresent one’s age to obtain alcoholic beverages and/or to misrepresent that another is of legal age for such purpose. (3) It is unlawful to have in one’s possession in a public place without a permit an open container of beer or intoxicating liquor. (4) It is unlawful to possess an open container and/ or consume any beer or intoxicating liquor in a motor vehicle. (5) It is unlawful to serve, distribute beer and /or intoxicating liquor to a minor.
These laws are contained in Chapter 4301 of the Ohio Revised Code. The complete text of the state liquor laws and administrative regulations may be obtained from the Department of Public Safety, Campus Library or the Ohio Department of Liquor Control.
Student Organizations will be permitted to schedule and/or sponsor on-campus events at which alcohol would be available only at those locations having permits issued by the Ohio Department of Liquor Control.
Student Organizations that sponsor off-campus events are expected to adhere to state law. Organizations found to have violated state law may be subjected to the loss of registered status.
Administrative and academic units (colleges, departments) are permitted to schedule and/or sponsor events at which beer or intoxicating liquor would be available only in designated areas
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within those units and only with the approval of the unit head. These events may not be all campus events and must adhere to regulations established for on-campus events.
Policy for Campus Events The following regulations must be followed at on-campus events at which beer or intoxicating liquor are served and/or sold.
(1) The events must be properly authorized by the administrative unit responsible for the facility(s) to be used.
(2) Consumption and/or sales shall be permitted only within the approved area for the event. These areas must physically segregate the event from public access.
(3) Non-alcoholic beverages shall be available at the same place as alcoholic beverages and featured as prominently as the alcoholic beverages.
(4) The sponsors of the event shall implement precautionary measures to ensure that alcoholic beverages are not accessible or served to persons under the legal drinking age or to persons who are intoxicated.
(5) The sponsors of the event must require proof of legal age for those individuals in question as to legal age.
(6) Marketing, advertising and promotion of events with alcoholic beverages being served should not emphasize the serving of alcohol and/or have any drinking games associated with the event.
Management of licensed facilities on-campus reserves the right to limit consumption and/or sales at events in designated facilities.
Outdoor locations which may be considered are Blegen Lawn, CCM Plaza, Lindner Plaza, Nautilus Plaza (includes Zimmer Lobby for rain backup), and University Commons-Kingsgate. Campus Green, Sigma-Sigma Commons.
Organizations must acquire an F-2 permit to sell alcoholic beverages. The application must be signed by the Director of Public Safety and the Office of General Counsel.
Policy Violations and Sanctions Individuals and organizations found in violation of University Regulations will be subject to disciplinary action and may be subject to action outlined in the Ohio Revised Code.
AMPLIFICATION POLICY Amplification is permitted only by University organizations at the following times and places:
Center sections (2) of McMicken Commons, 12:30 p.m. to 2:00p.m., Tuesday and Thursday, during the Autumn, Winter, and Spring Quarters, but not during exam weeks, between quarters, or during the Summer Quarter.
Sigma Sigma Commons, Campus Green, and Athletic Practice Field 11:00a.m.- 4p.m. Monday and Tuesday 11:00a.m.- 11p.m. Friday and Saturday 12 noon- 6pm Sunday
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Groups must contact Work Control for electrical service needs for these areas (556-6404).
Each group may schedule in advance only two amplification dates per quarter. Groups may obtain an additional amplification date if there is an opening forty-eight hours before the desired date. The maximum sound level is to be 90 decibels. The sponsoring organization and/or the University Police are responsible for maintaining allowable sound levels.
Demonstrations, Picketing, and Rallies Groups planning a demonstration, picket or rally should contact the Campus Scheduling Office or the appropriate scheduling office to familiarize themselves with * University policies governing the activity. Demonstrations * picketing or rallies must be scheduled in the appropriate scheduling office. Anyone requesting to demonstrate, picket, or rally must give prior notice of five working days to the University Police. Such activities are not permitted inside any campus building. Bonfires require additional clearance from the scheduling office, the Department of Facilities Management, the Department of Public Safety, and the Cincinnati Fire Department.
Disruptive Conduct If classes or administrative functions of the University are being disrupted, the persons creating or inducing the disturbance, once notified by University Police, or the appropriate scheduling office, must bring their activities to a non-disruptive level. If the disruption continues, the University Police may require the crowd to disperse and/or speaker to terminate the program activity.
USE OF FACILITIES BANNER POLICY

Prior to ordering or making a banner, a Requesting Organization must contact the appropriate department listed below and follow all banner specifications, instructions and approval processes.

Facilities:

Contact:

Banner Approval Processes Required Specifications, Instructions:

Athletic Facilities:

Athletic Facilities Contact:

Contact:

· Armory Fieldhouse · Fifth Third
Arena/Shoemaker Center · Gettler Stadium · Marge Schott Baseball Field · Nippert Stadium

University of Cincinnati Dan Krone Director of Facilities & Operations Athletics Department
Telephone: (513) 556-3541

University of Cincinnati Dan Krone Director of Facilities & Operations Athletics Department
Telephone: (513) 556-3541
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Campus Facilities (excluding Athletic Facilities) located on:
· Uptown (West) Campus Facilities
· Academic Health Center (East Campus) Facilities

Campus Facilities Contact:
University of Cincinnati Campus Scheduling Office
Delivery Address: Room 265Tangeman University Center
Need Mailing Address :
Telephone: (513) 556-2442 Fax: (513)

Refer to the following information listed in this policy.

A. BANNER APPROVAL PROCESS for all campus facilities on Uptown (West) Campus and Academic Health Center (East Campus) (excluding Athletic Facilities).
The Requesting Organization will be required to provide the Campus Scheduling Office (CSO) with the following information: 1) What is the requested schedule for installation of the banner(s)? Reservations are
conditional upon space availability and suitable weather. 2) Does the banner follow the required banner specifications? (Banners MUST follow
Specification listed below) 3) What does the banner advertise/promote? Banners should only advertise/promote
university events or sales. 4) When is the event or sale? Banner may not be hung more than ten (10) days prior to the
scheduled event. 5) What is the duration of the display? Banners will only be on display for two consecutive
weeks per academic term. 6) What will be displayed on the banner? Banner print should list only the name of the
event or sale, date, time, place and sponsor. Banner(s) carrying the name of an individual aspiring to an elected position, not directly connected with the university, will not be approved. 7) What is the UC Department or Organization affiliation? There may be a fee assessed based upon funding source and/or the event’s sponsor. 8) Where does the Requesting Organization want to display the banner? A limited number of approved banner locations have been designated by the University Architect's Office for display use. 9) Will the banner require installation by someone other than a UC carpenter? If someone other than a UC carpenter is proposed to install a banner, CSO will notify UC’s Facilities Management (FM) in order for the FM Carpenter Shop to oversee the installation process and to assure UC's interests and safety concerns. Outside vendors may damage buildings and heavy trucks may damage sprinkler heads and/or landscape features. The FM
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Carpenter Shop has developed preferred methods of anchoring which leaves minimum traces of banner displays on buildings. 10) CSO will require the Requesting Organization to mail, fax or deliver a written layout of the proposed banner to Paul Joyce (Paul.Joyce@uc.edu) to verify that the banner will be produced to specifications. Banner material must be suitable for exterior display considering all factors of installation, exposure to weather conditions and durability for duration of display. 11) The Requesting Organization will receive written confirmation from CSO that the banner is approved for display once all required information is reviewed and approved by CSO.
NOTE: a) Any deviation from the above Banner Approval Process must be approved in advance
in writing by CSO.
b) The Requesting Organization is advised to delay production of the banner until they have received written confirmation from CSO that the banner will be displayed.
c) Reservations will be cancelled if the banner is not delivered to the CSO two (2) business days prior to display date.
B. REQUIRED BANNER SPECIFICATIONS: 1. Banner may only advertise/promote university events or sales. 2. Banner may be scheduled for display for no more than two consecutive weeks per academic term at a display location. 3. Banner print may only list the name of the event or sale, date, time, place and sponsor. 4. Banners may only be painted with waterproof paints and must be dry prior to delivery to the Campus Scheduling Office. 5. Banners which have been painted more than twice will not be hung. 6. Banner material must be suitable for exterior display and must consider all factors of installation, exposure to weather conditions and durability for duration of display. 7. Banner edges must be reinforced (double-sewn edges) for exterior displays. 8. Where applicable, banners must have 6-inch semi-circles cut every 3 feet to reduce wind resistance. 9. Maximum banner size must not exceed 4 ft. x 12 ft. Size permits vertical or horizontal displays, and in some locations two banners can be displayed side by side. 10. All banners must have grommets spaced 24 inches on center along all perimeter edges of banner to assure proper anchor points. . 11. Maximum display height from the lawn or plaza to the top line of a banner cannot exceed 20 ft. (lift or extension ladder would be required for installation). 12. The Department or Organization’s name must be clearly visible on the banner.
NOTE: Any deviation from the above Banner Specifications must be approved in advance in writing by CSO.
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C. INSTRUCT IONS FOR BANNER DELIVERY AND PICKUP:
1. Banner Quality - Rolling banners on a cardboard tube will minimize permanent wrinkles or folds affecting the quality of the display.
2. Banner Delivery - Approved banners must be delivered to CSO two (2) business days prior to scheduled display date.
3. Banners must be picked up two (2) days after scheduled display date from CSO unless special arrangements have been made. Banners will be disposed of if not picked up on the designated date.
NOTE: Any deviation from the above Banner Instructions must be approved in advance in writing by CSO.
The University of Cincinnat i assumes no responsibility for the condition of a banner after its use. Banners will be held two (2) business days after the event, after which they will be discarded, unless special arrangements have been made in advance.
BICYCLES, SKATEBOARDS and IN-LINE SKATES
Bicycles, Skateboards and In-Line Skates are permitted only as a means of transportation on UC campuses. No “trick riding” is permitted. The use of such devices in areas other than roadways and sidewalks, including inside buildings, is strictly prohibited. University campuses are primarily pedestrian environments and pedestrians have the right of way. All regulations and laws applicable to the use of such devices on city streets and state highways also apply on campus. Violators will be cited to municipal court for traffic violations, referred to the University Judicial Officer for violation of the Student Code of Conduct, and/or asked to leave University property. Continued activities prohibited by this policy may result in a charge of Criminal Trespassing.
CHALKING
Chalking by a registered university group is permitted on the McMicken Commons’ concrete sidewalks ONLY for no more than 5 consecutive days. Only water soluble chalk can be used. To obtain approval an official representative from a registered student organization must reserve the space through the Campus Scheduling Office (556-2442) located in Suite 205 Tangeman University Center. Chalking anywhere else on campus or without a reservation is prohibited and will incur fees for clean-up. Offensive chalking is prohibited and will incur fees for cleanup.
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UNIVERSITY of CINCINNATI STUDENT DANCE POLICY
All student organizations registered with the Office of Student Activities and Leadership Development are eligible to use approved University of Cincinnati facilities for scheduled dances. All dances in University facilities shall be conducted using the following rules. Each student group must adhere to them to insure continued use of these facilities:
METAL DETECTORS AND VIDEOCAMERAS WILL BE USED AT SCHEDULED DANCES.
A. SCHEDULING REQUIREMENTS
1. Each registered student organization (RSO) must submit an ‘Application to Schedule Facilities’ to the University Campus Scheduling Office. All dances must be scheduled ten (10) working days prior to the event. Officer (s) of the RSO sponsoring the dance must meet with staff from the University Campus Scheduling Office at least five (5) working days prior to the dance to review policies and procedures. This meeting must take place during university business hours between 8:00 a.m. and 5:00 p.m., Monday though Friday. Failure to meet this requirement will result in cancellation of the event.
2. Dances in approved University facilities sponsored by RSO’s must have an approved beginning and end time.
3. RSO’s are permitted to schedule one dance per week, a maximum of 2 dances per quarter unless otherwise approved by the Student Activities and Leadership Development Office in consultation with the University Campus Scheduling Office.
4. If admission is charged, the admission cost must remain the same for the entire event.
B. CONTACT PERSON
1. The RSO sponsoring the dance must designate a contact person for its group. The contact person is responsible for overseeing the operation of the RSO’s dance, from the predance meeting until the conclusion of the debriefing at the end of it. This includes assisting with crowd control. Any problems that arise should be reported to the Department of Public Safety officers on duty as soon as possible.
2. Each RSO is responsible for any damage to the facility occurring during its scheduled time and will be billed accordingly.
3. An advisor who is a full-time faculty or staff member, or a designated graduate member of the alumni chapter of the sponsoring organization must be present for the entire event.
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a. NPHC dances must be represented by a member of the staff of the Office of Student Activities and Leadership Development serving in an advisory capacity.
C. CANCELLATIONS
1. Cancellations must be made in writing to University Campus Scheduling Office at least 48 hours prior to the scheduled date of the dance. For example, dances that are scheduled on Friday evenings must be cancelled by noon on the preceding Wednesday and Saturday evening dances must be cancelled by noon on the preceding Thursday. If the RSO fails to notify the University Campus Scheduling Office of a dance cancellation, in writing, the student organization will lose its privilege for holding dances for a ten week period. Additionally they will be assessed the cost for two hours of security fees, $100 for failure to cancel through Campus Scheduling and other associated costs. Charges will be placed on the organization‘s account, which may result in organizational officers being held accountable for the delinquent charges associated with the dance.
2. The Office of Campus Scheduling management will consider acts of God and/or inclement weather in the enforcement of the cancellation provisions.
D. SECURITY
1. Any activity that can be interpreted as a dance will require Public Safety officers to be in attendance. It is the responsibility of the RSO to coordinate security arrangements with the Campus Scheduling Office.
2. Public Safety officers are present for security purposes only.
3. The RSO will be responsible for checking ID’s and Public Safety officers will be responsible for operating metal detectors and video cameras at all student dances.
4. Members of the RSO are expected to assist in crowd management throughout the event.
5. Public Safety officers may refuse admission to, or dismiss from, an event, anyone who is disruptive, intoxicated, disorderly, or jeopardizes public safety. Signs will be posted at the dance entrance stating this policy.
6. Public Safety officers will determine whether an event should be terminated for cause. It will be the responsibility of the student ambassadors, attending advisor, or student organization leadership to announce the decision.
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7. The RSO sponsoring the dance is responsible for selecting student ambassadors. These individuals will be responsible for helping monitor the event for policy violations and will immediately report such observations of disorderly or suspicious conduct to the advisor and/or Public Safety officers in attendance. Student ambassadors and advisors are not intended to replace or act in the capacity of Public Safety officers. At least one ambassador must be present at the entrance to the dance at all times. Ambassadors must be identifiable in some manner (name tag, t-shirt, hat, armband etc.). At the conclusion of the event, student ambassadors must assist Public Safety Officers, Faculty/Staff Advisors and/or the University Management representatives in assuring the smooth exit of all patrons from the facility.
8. The student ambassadors, faculty/staff advisor, and University Management representative are required to meet with Public Safety officers 15 minutes prior to the start of the dance to review safety and security procedures. They will also meet at the conclusion of the dance to debrief and to determine if any damage occurred during the event.
9. Articles which may cause injury are prohibited at dance.
10. In all facilities, the maximum posted capacity for the type of event will be strictly enforced. Members of the sponsoring RSO, D.J. and/or band members are included in this number. It is the responsibility of the Public Safety Officers to assure that the maximum capacity is not violated.
11. The lighting level in the facilities is pre-determined and lights are to remain on at all times.
E. INDIVIDUAL RESPONSIBILITY
1. All individuals (UC students and guests) who attend the dance must show a valid picture college ID at the door. Any individuals without proper identification (college ID) will not be permitted to enter the dance. Listed below are the requirements for admission to the dance: a. UC students must present a valid UC student ID. b. Only UC students may bring guests to the dance. Guests must present a college ID. Guests must be signed in by a UC student and the UC student will be held responsible for the behavior of their guests and will be held accountable for any violations listed under the UC Student Code of Conduct by their guests. c. A UC student may bring up to 2 guests to the dance. Requests for exceptions to this policy must be made in writing to the RSO at least one week (five working days) prior to the scheduled dance. The RSO’s decision is forwarded to the office of Student Activities and Leadership Development for approval.
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d. University Departments may make special arrangements for guests under the age of 18 to attend.
2. A guest sign-in roster must be kept and retained for review by the RSO and Public Safety at the conclusion of the dance.
3. Alcoholic beverages are prohibited.
4. Any behaviors that may escalate to violence, or may cause injury are prohibited. These include, but are not limited to, pushing, shoving, or fighting.
F. LIABILITY
1. The RSO agrees to reimburse UC for all damages to facilities and/or equipment and to indemnify and hold harmless UC, its officers, agents and employees against all claims of loss, injury or damage to persons or property arising out of the RSO event or the preparation for the same. UC shall not be liable for the loss of or damage to any property of the RSO and participants or attendees of the RSO event or activity which has been held on the UC premises.
FAILURE TO FOLLOW ESTABLISHED POLICIES and PROCEDURES
Student groups and organizations may be accountable to both civil authorities and to the University for infractions of these policies and procedures. Officers and members of the RSO and other students accused of not following established policies and procedures are subject to the University’s disciplinary process regardless of the status of any criminal or civil proceedings, or of any other University proceeding, regarding the same conduct. In addition, failure to comply with these dance policies can result in the sponsoring student organization losing it’s privilege to use University facilities for further group related events and/or loss of recognition as an approved student organization.
This document supersedes any previous dance policy.
NOTE: The Dance Policy Committee reserves the right to alter this policy or any portion of this policy as necessary, on a case by case basis.
Revised/Effective 10/01/2007
GRAFFITI POLICY Individuals and groups using the University’s facilities must respect and use the property in the manner in which they are intended to be used. It is against University policy to deface by either permanent or temporary markings, any property owned by the University. Any person who
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defaces University property will be subject to disciplinary action as imposed by the University’s Judicial Affairs Officer and may be subject to criminal charges. In addition, the cost of removing the graffiti will be charged to the individual found to be guilty of defacing University property.
GRILL POLICY Must have person in charge of grill. Must be on grass, not black top. No closer than 50 feet from any structure. Must have fire extinguisher, (minimum 5lb. ABC Dry Chemical of 2 ½ gallon pressurized water extinguisher) placed no more than 5 feet away from the charcoal grill and ready for immediate use. Minimum 5 gallon metal bucket to be filled with water to completely submerse hot coals in after use. Hot coals are to remain completely submersed in the water for a minimum of 30 minutes. The Campus Scheduling Office will send a copy of the application to the Department of Public Safety, M.L. 215.
NAUTILUS PLAZA Groups wishing to conduct activities on Nautilus Plaza must file a written application for approval with the Campus Scheduling Office. Amplification is permitted only by University organizations with the following time limitation: Friday’s 5:00 p.m. – 11:00 p.m. Saturday’s 12:00 Noon – 11:00 p.m. Sunday’s and Holiday’s 12:00 Noon – 6:00 p.m.
A rain location is available in Zimmer Lobby based on availability, usually on weekends and evenings only. Events involving alcohol may be scheduled on Nautilus Plaza (see ALCOHOL POLICY). Each group is responsible for any damage that may occur as a result of their event, and all cleanups associated with their activity. Any electrical needs must be arranged by the sponsoring organization in advance by calling 556-6404 (Work Control). Each group may schedule in advance only two amplification dates per quarter. Groups may obtain an additional amplification date if there is an opening forty-eight hours before the desired date. The maximum sound level is to be 90 decibels. The sponsoring organization and/or Public Safety are responsible for maintaining allowable sound levels. Individuals may distribute printed material (only) to the University community on Nautilus Plaza. Distribution must be done in an orderly manner and must not interrupt traffic on campus or otherwise interfere with the normal use of the area. Material distributed must have the name of the sponsoring person or group clearly indicated on the material. Individuals distributing printed materials are responsible for cleaning up debris in the areas affected. Non-University literature may be distributed to University employees only during the employees’ non-working time and in non-working areas. Advertising promotional literature of events sponsored or co-sponsored by a University group must identify the specific University department or organization. All such material must be approved by the sponsor or co-sponsor prior to publication. Non-University groups may not use
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the University name, seal, logo, or other University identification in any advertising or promotional literature, except to note location of event. Groups may order tables and chairs through Campus Scheduling with a minimum of five working days notice. The fee for table and chair rental does vary, so please check with a member of Camps Scheduling for the current rates (556-2442).

POSTING POLICY
Outside Campus Buildings 1. The posting of handbills/flyers is limited to the following areas.
A. The stairwell retaining wall leading from the Stadium Drive to the driveway between the Utility Building and the Service Building.
B. The stairwell leading from the North-East corner of Zimmer Auditorium, near Brodie Plaza. The outside North wall of the Bridge Lobby of Tangeman University Center, near the handicap entrance.
C. The stairwell and courtyard behind Siddall Residence Hall. D. The safety wall on the East end of Rhodes Hall. Posting permitted only on surface facing toward the building. E. The nine(9) support columns under Dabney Residence Hall. 2. There may be no more than five (5) posters/handbills/flyers displayed by any one student group or student in the areas designated above. 3. All previous rules and policies concerning the adhesion of material to concrete and brick surfaces must be respected. 4. The maximum size for materials to be posted in 18”x24”. 5. All posting must take place within the posting designation signs in each posting area. 6. All material posted not meeting standards will be removed. If necessary, charges will be levied for removal costs.

No student or any registered organization affiliated with the University shall post communications or materials on any of the following areas:
A. Glass B. Painted Surfaces C. Utility Poles D. All University Construction Walls and Materials E. Trees F. Paved Surfaces G. Earth Surfaces

•

Nor shall gummed labels or any other pastes or glues be used to post on any surface.

•

Failure to comply with this policy will result in suspension of funding and/or suspension

of privileges or registration, payment of costs incurred in removing said communication

materials, or punitive fines.

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Fine Schedule Outside Campus Buildings The following is the most current fine policy. It can be changed at any regular meeting of Student Activities Board (SAB) pending approval of Senate. Questions related to the fine schedule may be brought to SAB, P.O. Box 210136, North Pavilion, Cincinnati, OH 452210136. FIRST OFFENSE: A fine of $0 to $15 (or O% to 20% of group’s budget if funded by UFB) per violation.
SECOND OFFENSE: A fine of $15 to $30 (or 0% to 20% of group’s funds if funded by UFB) per violation.
After a total of three offenses your group will be automatically suspended. A hearing will be scheduled if a posting violation occurs. At this time your group will be given the opportunity to present its case.
PUBLICATIONS POLICY Effective September 2002, all newspapers, magazines and other publications must be approved by the Campus Scheduling Office to be placed in University of Cincinnati facilities. Once approved, these items must be placed in the uniform wooden storage cabinets that are located in entry ways, general public areas and lounges of University buildings. All publications that are not approved will be removed from the premises. Newspaper and magazine vendor publication racks are no longer permitted in University of Cincinnati facilities and will be removed at the vendors’ expense.
Newspaper Box Locations (2-3 cubes at each location unless otherwise stated)
Administration at Main entrance Alumni Center East entrance Blegen Library Main entrance near CCM CBA Southwest entrance CCM Café CECE French Hall at East entrance CECE French Hall at Main entrance College of Applied Health Science/French Hall east DAAP Café East entrance Edwards 1 Lobby Edwards 2 Lobby Edwards 3 Safety Lobby Engineering Research Center Health Science Library Kresge Langsam Library 14-7 Laurence Hall inside North door
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Law School Southeast entrance -3 McMicken Lobby outside Advising Center 102-7 Nursing North entrance Old Chemistry -6 Pharmacy Main entrance Physics Main entrance -3 Teacher’s College North entrance -6 University Hall Front Door University Hall outside snack bar Zimmer entrance from Library Square -6

SIGMA SIGMA COMMONS and CAMPUS GREEN USAGE POLICY

Groups wishing to conduct activities on Sigma Sigma commons must file a written application

for approval with the Campus Scheduling Office.

Amplification is permitted only by University organizations with the following time limitations:

Friday

5:00pm-11:00pm

Saturday 12:00 noon –11:00pm

Sunday

12:00 noon-6:00pm

Alcohol is not permitted on Sigma Sigma Commons. Groups are responsible for damage occurring as a result of their event and all cleanup associated with their activity. Electrical needs must be arranged by the sponsoring organization in advance with Facilities Management. Each group may schedule in advance only tow amplification dates

per quarter. Groups may schedule and additional amplification date if there is an opening seventy two hours before the desired date. The maximum sound level is 90 decibels. The sponsoring organization and/or Campus Security is responsible for maintaining allowable sound levels. Dependent upon the size and nature of the event, charges may be incurred for Security and Facilities Management personnel. Individuals may distribute printed material (only) to the University community on Sigma Sigma Commons. Distribution must be done in an orderly manner and must not interfere with the normal use of the area. The name of the sponsoring person or group must be clearly indicated on the distributed material. Individuals distributing printed material are responsible for cleaning up debris (dropped flyers, etc.) in the area. Non-University groups may not use the University name, seal, logo or other University identification in any advertising promotional literature, except to note location of the event. Groups may order tables and chairs through the Campus Scheduling Office with a minimum of 5 working days notice. Groups may check the current rental fee structure with the Campus Scheduling Office.

TEMPORARY OUTDOOR SIGN POLICY All temporary outdoor signs shall comply with the following guidelines and the university’s Signage Policy and Standard.
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Definition: A Temporary Outdoor Sign is any sign not permanently affixed to a building exterior, permanent column, permanent pole, or any other permanent structural element unless that structure was erected by the university for the purpose of posting temporary signage. Temporary Outdoor Signs are installed for the purpose of notifying the campus community of a future one time event or program or to aid in directing visitors to campus to the on-campus location of any one time event or program. Allowable Messages: Temporary Outdoor Signs may be posted for the following purposes. · Candidate signs for student government elections · Notification of authorized student activities and programs · Notification of special events or programs sponsored by university colleges or departments · Signs intended to give directions to campus visitors to special on-campus events or activities.
Allowable Locations: With the exception of temporary directional signs, all temporary signs shall be posted on freestanding or wall mounted posting boards provided by the university for such purposes. These posting boards are located across campus in high traffic areas for high visibility. Temporary directional signs for special campus events and activities shall be located according to a pre-approved plan prepared and submitted by sponsoring college, department or university organization and posted on mobile boards or portable day-event boards as outlined in the university’s Signage Policy and Standard.
Allowable Sizes: Temporary signs for posting on approved signboards and kiosks shall be a maximum size of 20” x 30”. Temporary directional signs shall be a maximum size of 30” x 40”. Allowable Materials: Temporary signs shall be constructed of weather-resistant material. Waterproof paints or inks must be used. Wire frame supports shall not be allowed. Allowable Posting Time: Temporary signs located on signboards and kiosks may be posted one week prior to the event or program advertised in the sign and must be removed within five calendar days following the event. Temporary directional signs shall be put in place the first day of the relative event or program and removed no later than the day following the event or program. Procedure for Temporary Sign Approval: No prior approval for freestanding or wall mounted posting board signs complying with the guidelines noted above will be required. Temporary directional signs using mobile boards or portable day-event boards must be requested at lease two weeks in advance of the specific event along with a site location plan for the requested signs. Requests should be submitted to the Campus Scheduling Office.
TENT AND CANOPY USE ON CAMPUS General: Groups desiring to erect a tent or canopy on campus for an event need to be aware that various fire and building code requirements apply to these structures. In general, permits from the state
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are NOT required for tents which are 200 square feet (10’ x 20’) or smaller. A tent is a fabric structure with more than two side walls. State permits are NOT required for canopies which are 400 square feet (20’ x 20’). A canopy is a fabric structure with up to two sides. In the case of a canopy with no side walls, it may have a maximum size of 700 square feet (20’ x 35’) without a permit being required. If multiple canopies are used, they must be at least 12 feet apart. In all cases, a clearance of at least 12 feet must be maintained from buildings. Also groups should keep in mind that many grass areas on campus have buried utilities and sprinkler lines. Placement of poles or stakes into the ground must avoid these locations. While UC will endeavor to obtain the necessary permits, it is the ultimate responsibility of the event organizer to have the permits prior to the day of the event. Should the permits not be obtained, the event may not occur.
Request to erect a tent or canopy: Whenever tens and canopies are going to be erected, notice must be given to Public Safety at least ten business days in advance. The Fire Prevention Unit will review the plan and assist the sponsoring group with any required state permits. Whenever possible we will assist you in designing your event to avoid or minimize the required state permits and costs. Send completed tent/canopy request forms to the Fire Prevention Unit at Mail Location 180. If you have questions or need assistance please call us at 556-4934.
Signage and Safety Equipment: Each tent or canopy erected must have a fire extinguisher mounted in a visible location. The extinguisher must be a 5 or 10 pound dry chemical, type ABC. The company renting the tent should be able to provide this extinguisher and a stand to mount it on. Each tent or canopy erected must have one or more no smoking signs posted so that they are visible throughout the structure. The no smoking signs must be at least 8” x 10” in size, with at least 2” lettering.
Cooking Equipment and Open Flame: The use of cooking equipment, grills, and any open flame is not permitted inside a tent or canopy. Please be aware that if you are planning on using this type of equipment outside the tent or canopy, a separate permit and inspection process is involved, although this is also coordinated through the Fire Prevention unit.
Sound and Lighting Equipment: The use of public address systems inside a tent or canopy is permitted as long as they electrical supply is protected by a Ground Fault Interrupter. The use of any lighting equipment requires a permit and inspection from the state Industrial Compliance office (see Permit Fees below). Electrical service must be requested from Facilities Management.
Permit Fees: When the use of tents or canopies requires state permits, the State Fire Marshall and the State Industrial Compliance office both charge user fees. UC is not exempt from these fees, and the group sponsoring the event must pay the fees. The State Fire Marshall’s office charges a fee of
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$75.00 per event for inspecting tents, regardless of the number involved. If your event uses one tent or twenty, the fee is always $75.00. The industrial Compliance fee schedule is considerably more complicated. The base fee is $228.25 for EACH tent or canopy. If the tent/canopy is wired for electricity there is an additional fee of $175.00 and if the tent/canopy has a mechanical system to provide ventilation (fans/Heat/air conditioning) there is another fee of $175.00. So if you intend to use a single tent with lights and fans, the Industrial Compliance fee for that tent is $578.25. Inspections: In all cases where a tent or canopy is being used on campus, an inspection is required. Where a permit is required from the State Fire Marshall or from Industrial Compliance, those offices will inspect the installation. Where no state permit is required then the University of Cincinnati’s Fire Prevention unit will inspect the installation. If this inspection can be completed during normal business hours, there is no charge for the inspection. If it must be done after hours, then the sponsoring organization must pay the overtime costs.
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MainStreet Student Event Guide
Table of Contents					
GENERAL INFORMATION........................................................................................2
What Is Conference & Event Sevices.....................................................................................................................2 Who to Contact at Conference & Event Services..............................................................................................2 What Is MainStreet......................................................................................................................................................2 Scheduling Your Event...............................................................................................................................................3 Scheduling Campus Recreation Center...............................................................................................................3 Facilities and Space.....................................................................................................................................................3 Indoor Spaces................................................................................................................................................................3 Outdoor Spaces............................................................................................................................................................4 Outdoor Event Specifications..................................................................................................................................4 Tent and Canopy Use on Campus..........................................................................................................................5 Features of Indoor Spaces.........................................................................................................................................7
SCHEDULING YOUR MAINSTREET EVENT and MORE................10
What to Schedule.........................................................................................................................................................10 How to Schedule Your Event....................................................................................................................................11 Equipment Available for Use In TUC.....................................................................................................................11 Personal Equipment....................................................................................................................................................11 Rain Locations...............................................................................................................................................................11 Sales and Solicitations................................................................................................................................................11 Event Cancellations.....................................................................................................................................................12 Failure to Cancel...........................................................................................................................................................12 Fee Assessments...........................................................................................................................................................12 Holds.................................................................................................................................................................................13 Deliveries and Parking for Events...........................................................................................................................13
ORDERING FOOD FOR YOUR EVENT............................................................14
Catering...........................................................................................................................................................................14 Food Waivers..................................................................................................................................................................14
FUNDING YOUR EVENT......................................................................................................15
Available Event Funding............................................................................................................................................15
PROMOTING YOUR EVENT ON MAINSTREET.......................................15
Posters and Flyers........................................................................................................................................................15 TUC Campus Monitors and Cinema Preview Slideshow................................................................................15 MainStreet Monitors and Scrolling Marquee.....................................................................................................15 Chalking. ......................................................................................................................................................................... 16 Table Tents in the TUC Food Court.........................................................................................................................17
Copyright and Licensing..............................................................................18
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General Information
WHaT IS ConfEREnCE & EVEnT SERVICES?
Conference & Event Services is your one stop center for event planning at the University of Cincinnati
Conference & Event Services is responsible for scheduling space for non-academic events on campus. The office schedules MainStreet which includes Tangeman University Center, Steger Student Life Center, Stratford, outdoor spaces, and several classrooms after they have been released by Classroom Scheduling. These spaces must be scheduled with Conference & Event Services.
WHo To ConTaCT In ConfEREnCE & EVEnT SERVICES
Chris Garrett, Director Jamie Miller, Program Director Florine Postell, Program Director Katy Roberto-Marston, Program Director Corinn Shemak, Program Director
event.services@uc.edu 513-556-2442
www.uc.edu/eventservices
WHaT IS MaInSTREET?
MainStreet is the pedestrian corridor that runs from University Pavilion, past Tangeman University Center, and down the brick-paved hill to the Campus Recreation Center and Sigma Sigma Commons. MainStreet is the hub of campus activity. Many indoor and outdoor spaces along MainStreet are available for hosting events:
• Tangeman University Center (TUC) • Steger Student Life Center (SSLC) • Campus Recreation Center (CRC) • Sigma Sigma Commons • Campus Green • McMicken Commons • Open spaces surrounding TUC and CRC • TUC Plaza • Bearcat Plaza • Bearcat Pavilion

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Tangeman University Center on MainStreet

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SCHEDUlInG YoUR EVEnT
Before any event can take place, you must schedule your event with Conference & Event Services. To do this, you must complete an online scheduling form at www.uc.edu/eventservices at least 5 business days prior to your event date. Click on “Reserve Event Space” in the left margin. We recommend that you do not advertise or publicly announce your event until you have received confirmation from a Conference & Event Services representative. Indoor and outdoor space is granted on a first-come, first-served basis. If you have any questions, contact the Conference & Event Services Office at 513-556-2442 or event.services@uc.edu.
SCHEDUlInG CaMPUS RECREaTIon CEnTER
Any events held in the Campus Recreation Center must be scheduled through the Department of Campus Recreation. Information can be found at www.uc.edu/reccenter/facilities/rentals.
TanGEMan UnIVERSITY CEnTER faCIlITIES
A variety of spaces are available for use in TUC, typically at no cost to registered UC students and university organizations. Spaces include:
Indoor Spaces
TUC level 1 Catskeller (A rental fee will be assessed if the event is a private function and/or is not open to the public.)
TUC level 2 MainStreet Cinema (A rental fee may be assessed)
TUC level 3 TUC atrium (Room 300) MainStreet ExpressMart lobby Mick & Mack’s Contemporary Café
TUC level 4 19 Meeting Rooms Great Hall
TUC’s Great Hall Page 3

University Avenue Garage

Campus Green Drive Garage
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Arono Center for Design and Art
DAAP
DAA addition

ZimGmaerrdRenoof

Wilson Auditorium

Preview Pavillion
PlTaUzaC

CRC

Steger

Student

Life

Center

(SSLC)

Classrooms

West Plaza

CRC

CRC East
DCeinnitnegrCCoeunrtter

HPlaozausing

CRC

Bearcat Plaza

Campus Recreation Center

PaBveilairocant

(CRC)

Tangeman

University

Center

(TUC)

MaMrkaeitnon

Bearcat Way

Fifth Third Arena Shoemaker Center

UC Bookstore Great Hall

Sander Annex

Richard E. Lindner Center

MaInSTREET SPaCE

VICTORY PLAZA

Marge Schott Baseball Stadium

Outdoor Spaces
• •

Sheakley

Lawn

W Imaging

Center

TUC

Plaza

(brick

area

in

front Varsity Village

of

TUC’s

main

entrance

on

Level

3)

Garage

bearcat Pavilion (brick area and aTmennpis Cheinttehr eater betweenTUC Level 1, Nippert Stadium, and SSLC)

• bearcat Plaza (brick area between TUC and SSLC)

• McMicken Commons (green space between TUC and McMicken Hall)

• McMicken free Speech Zone (space on Northwest McMicken Commons)

• Sigma Sigma Commons (concrete amphitheater south of University Way)

• Campus Green (green space north of University Way)

• Campus Recreation Center West Plaza (partially covered outdoor area)

• Campus Recreation Center East Plaza (area just outside housing complex, by the circle drive)

oUTDooR EVEnT SPECIfICaTIonS
• fees: Student organizations are responsible for all fees resulting from outdoor events. These may include, but are not limited to: Security, Electric, Grounds, Citations, and Permits.
ptown-WEST Campus • Clean-up: All groups are responsible for any clean-up needed as a result of outdoor events. This also requires all trash to be bagged and placed in one area for pick-up. Any additional cleaning by Facilities Management or the use of Campus Security, Electric, or Grounds will result in fees being assessed to the group. • Vehicles: Vehicles are NOT permitted on the pavers on TUC Plaza, Bearcat Plaza, or anywhere else on MainStreet. This includes loading/unloading. If vehicles are driven onto the pavers without permission they will be subject to a citation. Vehicles are also NOT permitted to drive on any lawn. You are responsible for making sure your contracted vendors follow this policy as well.
Rev. 7/06

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• Tents: If a tent is being erected, you may be required to obtain a tent and/or a digging permit. Please see the policy below for details. Groups are also responsible for coordinating placement of the tent with Harland Clark in Grounds. He can be reached at 513-556-3603. If the tent is not coordinated in advance and damage occurs as a result of your event, the organization sponsoring the event will be charged for repairs. Please note: If tents are being used, we request that they not be staked into the ground, if at all possible. If stakes must be used, a digging permit is required.
Tent and Canopy Use on Campus
General Information
• Groups desiring to erect a tent or canopy on campus for an event need to be aware that various fire and building code requirements apply to these structures. In general, permits from the state are NOT required for tents which are 200 square feet (10’ x 20’) or smaller. A tent is defined as a fabric structure with more than two side walls.
• State permits are NOT required for canopies which are 400 square feet (20’ x 20’). A canopy is a fabric structure with up to two sides. In the case of a canopy with no side walls, it may have a maximum size of 700 square feet (20’ x 35’) without a permit being required. If multiple canopies are used, they must be at least 12’ apart.
• In all cases, a clearance of at least 12’ must be maintained from buildings. Also groups should keep in mind that many grassy areas on campus have buried utilities, such as sprinkler lines. Placement of poles or stakes into the ground must avoid these locations. A dig permit is required for any tents with stakes.
Request to Erect a Tent or Canopy
• Whenever tents and canopies will be erected, notice must be given to Conference & Event Services at least 15 business days in advance. The Fire Prevention Unit of Public Safety will review the plan and assist the sponsoring group with any required state permits. Whenever possible, they will assist you in designing your event to avoid or minimize the required state permits and costs. You may contact the Fire Prevention Unit at 513-556-4934.
Signage and Safety Equipment
• Each tent or canopy erected must have a fire extinguisher mounted in a visible location. The extinguisher must be a five or ten pound dry chemical, type ABC. The company renting the tent should be able to provide this extinguisher and a stand to mount it on.
• Each tent or canopy erected must have one or more “No Smoking” signs posted so that they are visible throughout the structure. The “No Smoking” signs must be at least 8” x 10” in size, with at least 2” lettering.
Cooking Equipment and Open Flame
• The use of cooking equipment, grills, and any open flame is not permitted inside a tent or canopy. Please be aware that if you are planning on using this type of equipment outside the tent or canopy, a separate grill permit and inspection process is involved. Please call the Fire Prevention Unit at 513-556-4934 for more information.
Sound and Lighting Equipment
• The use of public address systems inside a tent or canopy is permitted as long as the electrical supply is protected by a Ground Fault Interrupter. The use of any lighting equipment requires a permit and inspection from the state Industrial Compliance office (see Permit Fees below). Electrical service must be requested from Facilities Management.
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Permit Fees
• When the use of tents or canopies requires a state permit, the State Fire Marshal and the State Industrial Compliance office both charge user fees. UC is NOT exempt from these fees, and the group sponsoring the event must pay the fees. The State Fire Marshal’s office charges a fee of $75.00 per event for inspecting tents regardless of the number involved. If your event uses one tent or 20, the fee is always $75.00.
• The Industrial Compliance fee schedule is considerably more complicated. The base fee is $228.25 for EACH tent or canopy. If the tent or canopy is wired for electricity there is an additional fee of $175.00 and if the tent or canopy has a mechanical system to provide ventilation (fans/heat/air conditioning) there is another fee of $175.00. So if you intend to use a single tent with lights and fans, the Industrial Compliance fee for that tent is $578.25.
Inspections
• In all cases when a tent or canopy is being used on campus, an inspection is required. When a permit is required from the State Fire Marshal or from Industrial Compliance, those offices will inspect installation. Where no state permit is required then the University of Cincinnati’s Fire Prevention unit will inspect the installation. If this inspection can be completed during normal business hours, there is no charge for the inspection. If the inspection must be done after hours, then the sponsoring organization of the event must pay the overtime costs.
Electric
• If electric is needed, please contact Conference & Event Services. If a work order has not been placed in advance, electric will not be supplied.
• Groups are responsible to place their own work order at 513-556-6404 if electric is needed for the event. If a work order has not been placed in advance electric will not be supplied.
Fire/Grills
• If grills are being used, you must obtain a grill permit in advance. Contact Fire Safety at 513-556-4934. If a grill permit is not obtained, you may be subject to a citation fee.
Amplification
• Groups are not permitted to amplify, unless a permit has been obtained from Conference & Event Services in advance. If a permit is not obtained you may be subject to a citation.
Note: Amplification is only permitted on Tuesdays and Thursdays from 12:30 p.m.–2:00 p.m. during the academic term. Amplification is NOT permitted on McMicken Commons or Bearcat Plaza during exam weeks, intercessions, or summer quarter. Anything outside these locations, times, or days will require a waiver. Requests are made through Conference & Event Services.
Damage
• If a vendor, group member, or participant in the event incites damages to university lawns or property, the sponsoring group will be charged for repairs.
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fEaTURES of InDooR SPaCES Great Hall
• Lecture-style seating = 800-seat capacity • Banquet-style seating = 432-seat capacity at round tables • Standing capacity = 1,100 • Outdoor reception area • Integrated AV capabilities • Wireless service
Student Senate Room
• 42-seat conference room • Custom furniture • Wireless service
General Meeting Rooms
• 19 rooms • Seating from 10 to 250 • Integrated AV in eight rooms • High-speed Internet access • Wireless service
Student Senate Room Page 7

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MainStreet Cinema
• 204-seat capacity • Integrated AV capabilities • Hours during the Academic Year (September-June)

Between 8:00 a.m. and11:00 p.m., on Monday, Wednesday, and Thursday, the Cinema is available for free programming. Schedule the space with Conference & Event Services.

Cinema Rental Information

• From 7:00 p.m.–11:00 p.m., on Tuesday and Friday the Cinema rental charge for student groups is $100/hour.

If a movie will be shown, there will be a $75.00 projectionist fee.

• If the Cinema is rented for a movie, a licensing fee (amount determined by the motion picture company) plus

$75 (for projectionist/Cinema staff support for four hours) will be assessed.

• Unlimited popcorn is available to groups for $50.

• MainStreet may partner with student/university organizations to present movie programs of educational

merit that are open to all students and the entire university community. After a reservation request for

the MainStreet Cinema has been submitted to Conference & Event Services, the student organization

representative will be contacted by

the MainStreet Cinema Manager to

set up an informational meeting to

discuss the potential partnership.

If MainStreet decides to become a

partner on your cinema program,

rental and staffing fees will be

waived.

• All collaborative programs

presented by MainStreet and a

student or university organization

must recognize MainStreet as a co-

sponsor/presenter of the event by

including the MainStreet logo on

all promotional materials and press

releases. Contact the MainStreet

Cinema Manager for an electronic copy of the logos.

MainStreet Cinema

Catskeller
• 120-seat capacity • Virtual and electronic games and 6
pool tables • Televisions (14 televisions; 12 new
high-def flat screens) • Air hockey, POP-A-SHOT, Wii, darts,
and shuffle board tables • Pub serves a variety of craft beers,
soda, chicken tenders, fries, wings, pizza, breadsticks, hot dogs, brats, sliders, and other snacks

Catskeller

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Catskeller Hours during the Academic Year (September - June):

Mon-Thurs 11:00 a.m.–10:00 p.m.

Fri

11:00 a.m.–Midnight

Sat

11:00 p.m.–6:00 p.m.

Sun

For special events only

• Available for private functions for a rental fee.
• Game tokens can be purchased for private functions.
• All events in Catskeller are subject to approval by the Catskeller Manager.
• Catskeller food can be pre-ordered for parties.
• All parties of 15 or more must be reserved through the online reservation system, and after scheduling will work directly with the Catskeller Manager to confirm details.
• The Catskeller Manager can be reached at 513-556-0943 or crystal.stephens@uc.edu • Hours of operation and menu options are available at www.uc.edu/catskeller.

Catskeller

Stratford Heights
Banquet Room and Patio • Lecture-style seating = 120 seat capacity • Banquet-style seating = 80 seat capacity • Integrated AV capabilities • AV support is available for a fee of $20/hour
Piano Room • Standing capacity = 92 • Custom furniture

Mick & Mack’s Contemporary Café
• Upscale, contemporary café with a wide variety of menu items (special catering available). • 104 seat capacity • Open for lunch Monday-Friday, 11:00a.m.–2:00p.m. • A variety of beers and wines are available
during regular hours and at our monthly evening events. Monthy events include a wine tastings for $15 per person and theme dinners at $20 per person. Please see our website for more details about our events www.uc.edu/mick_macks. • Available for event reservation between 5:00 p.m.-10:00 p.m. and Saturdays and Sundays between 8:00 a.m.-10:00 p.m. • Available for private functions at no cost except food and drink (includes serving staff ). The room set-up comes as-is and can also accommodate buffet-style.
Mick & Mack’s Contemporary Café

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Table Space

Table spaces are available outside on TUC Plaza, ExpressMart Lobby, and CRC West. There are 10 table spaces that are available in the ExpressMart Lobby, MondayFriday, from 8:00 a.m.-5:00 p.m. Student organizations may reserve these spaces on a first-come, first-served basis for free by completing the online application at www. uc.edu/eventservices. Student groups are responsible for providing their own tables for outdoor spaces. Remember, rain locations must also be reserved. Rain location is in the ExpressMart Lobby.

All non-affiliated UC vendors will be charged $250/day, with a limit of two tables per vendor. For an outdoor reservation, vendors will be given a rain location in the TUC Atrium at the time of reservation.

McMicken Commons

Scheduling Your MainStreet Event and More

WHaT To SCHEDUlE
When planning your event, be sure that you have placed an online request at www.uc.edu/eventservices for each of the following:

Space for all non-academic events and activities to be held anywhere on campus, including:

• Meeting rooms

• Table space

• Outdoor space

• Tent space

• Chalking

• Art and other display space

• Space for events at which sales and/or solicitation for donations will occur

Supplemental needs for any event/activity scheduled to occur in TUC, including: • Deliveries • Room Set-up • Equipment • Audiovisual Equipment • Parking (cars, buses, entertainment) • Catering • Rain Location (recommended at time of reservation for any outdoor location)

Promotional items that need to be scheduled include: • Messages for the electronic sign at the south end of SSLC • Table tents in TUC Food Court

Details about how to schedule space and supplemental needs for your events are provided on the following pages.

PlEaSE REMEMbER: If you don’t request it, and if Conference & Event Services hasn’t confirmed it, YOU DON’T HAVE IT.

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How to Schedule Your Event
All event requests must be received no later than five business days before the requested date. For events that require security and grounds, a minimum of 15 business days before the requested date is required. We strongly suggest you check the university calendar to avoid scheduling conflicts with other already scheduled events.
To reserve facilities, please complete an online space request form, available at www.uc.edu/eventservices (click on “Reserve Event Space”). The Central Login screen will appear. Log in and click “Create a new event” to complete the form. If the space you would like does not appear, it is not available. Click “Contact Request” to have an event staff member contact you for additional room options.
Once this form is completed, you will receive an email with your event reference number. This ONLY confirms that the request has been submitted to Conference & Event Services, but does not mean the space you have requested is confirmed.
You will receive an email confirmation once the space request has been confirmed. Please allow a minimum of five business days for us to process your request.
If you need to edit an event time or date, please email updated information to Conference & Event Services at event.services@uc.edu for approval. Do not attempt to edit your event through the system, this may cause your event to cancel. All changes must be made through the original requestor, changes will not be accepted from alternative contacts.
Equipment Available For Use in TUC
A variety of audiovisual and meeting equipment is available for use to registered student organizations at no additional cost. All equipment should be reserved through Conference & Event Services at the time of your space reservation. Equipment changes can be made prior to your event but are subject to availability. Requests for equipment the day of the event is subject to availability and will incur a $100.00 fee. It is possible to arrange a meeting with TUC event staff to discuss A/V details and set-up arrangements prior to your event. Contact Conference & Event Services to arrange.
A baby grand piano is available for use in the Great Hall. MainStreet Operations can arrange for the piano to be moved to a different TUC location and tuned. The cost of moving and tuning will be billed to the requestor. The cost is typically around $450.
Personal Equipment
It is possible to bring in your own equipment. Include this information when you make your reservation on the online form. The equipment is to be removed from the room immediately following the event, or you will be subject to additional fees.
Rain Locations
If your event is scheduled in one of the outdoor spaces, you must schedule a rain location at the time of your original reservation, as rain locations may not be available at the time of your event. The decision to use a rain location must be made a minimum of 24 hours prior to the event.
Sales and Solicitations
• Events that include handing out flyers, selling products or services, and conducting surveys are governed by University Rule 10-51-01, Sales and Solicitation.
• Sales and solicitation events require approval by MainStreet Operations and must be scheduled using the online request form.
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Case: 1:12-cv-00155-TSB Doc #: 69 Filed: 06/12/12 Page: 137 of 146 PAGEID #: 1558 • Once approved, Sales and solicitation events, may take place in a limited number of locations:
For registered Student groups: • McMicken Commons • TUC Plaza • MainStreet ExpressMart Lobby • CRC East and West Plazas For non-university groups: • McMicken Commons
Event Cancellations
All reservations for student organizations, and department meetings and events that have reserved Great Hall, 400 ABC, Cinema, or a reservation involving three or more meeting rooms must be cancelled at least 30 days prior to the scheduled usage date. If rooms are cancelled less than 30 days prior to the scheduled date, the following fees will be assessed:
Less than 30 days to scheduled date – 50% of total rental fee Less than 2 weeks to scheduled date – 75% of total rental fee Less than 24 hours to scheduled date – 100% of total rental fee
Reservations for one or two meeting rooms with services ordered must be cancelled at least three (3) business days prior to the scheduled usage date or a minimum of $25.00 service fee will be charged. There may be additional cancellation charges for catering, security, or other services ordered.
Regardless of arranged rental fees, cancellation fees will be incurred per the policy.
Reservations must be cancelled in writing by emailing event.services@uc.edu.
Failure to Cancel
If a single meeting room space is not cancelled by contacting Conference & Event Services in writing by email to event. services@uc.edu prior to the scheduled date, university student organizations and departments will be responsible for 100% of the university rental fee.
Fee Assessments
There will be space rental charges to student organizations and departments IF: • Admission is charged to attend your event • Workshop or conference fees are charged • Your event is private and not open to the entire UC community • Items are for sale or donations are solicited at your event • The event occurs outside regular building hours. $100/hour is charged for events and set-up time that take place before or after building hours.
Note: • Additional charges may be assessed based on your event, security, set-up, and venue. • Regardless of arranged rental fees, cancellation fees will be incurred per the policy.
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Event Holds
Meeting spaces may be placed on hold for a period of up to ten (10) days. Failure to confirm a hold by submitting a completed request form within the ten-day period may result in cancellation of the hold status. The room may then be assigned to another party. A hold reservation may be challenged by a group in need of the same space. At the time the hold reservation is challenged, the group with the hold reservation must either submit a completed request form or release the space.
Deliveries and Parking for Events
The TUC Receiving Dock is the only location to be used for delivery and/or pick-up of merchandise, operational supplies, and equipment for use in the TUC. The dock is open 6:00 a.m.-5:00 p.m. Monday-Friday. Dock support may be available on weekends if requested through Conference & Event Services; a $100 per hour dock charge will be incurred. If you anticipate a need to use the receiving dock for your event, please provide that information on your online form in the other comments section. Provide driving instructions to the person delivering to the TUC Receiving Dock. The general policy is listed below. Dock access will be provided to individuals involved with event set-up in TUC if they are bringing large enough quantities of samples, supplies, or equipment to require use of the dock. All event representatives accessing the building through the TUC dock MUST:
• Sign the Dock Visitors Log located in the dock office. • Unload their supplies, etc., and immediately move their vehicles to an authorized parking spot
or to a garage. Permits for vendor parking spaces are issued in the office at the TUC Receiving Dock, at the discretion of the Building Services Coordinator. Leave vehicle keys with dock personnel. Event representatives who do not meet dock usage criteria and all other event attendees must use UC parking facilities (or park off campus) and enter the building through a customer or employee entrance.
Dock Equipment
Dock moving equipment such as dollies and carts are used exclusively by TUC staff. The equipment can be used for loading and unloading if available. Equipment is not available for weekends and has to be scheduled in advance.
Dock Storage
There is no storage area located in the dock. Therefore, no supplies or boxes can be left at the dock. If items are left at the dock, a storage fee of $50.00 per day will be assessed.
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ordering food for Your Event

CaTERInG
Classic Fare Catering, located in TUC, is the exclusive catering company for all events taking place in TUC. In addition to their standard menu, Classic Fare Catering offers a Student Catering Menu that provides significant discounts to student organizations. Options available for catering include; Chick-fil-A, Papa Johns, and Kuma Neko Sushi. These options are located under the simple Takeaways Guide.

Catering needs for your event should be indicated when making your online space request. Place your order at least three business days prior to your event. Reservation receipts and confirmation emails will be sent to the person placing the order.

Catered Event at Mick & Mack’s

China and table linens are standard for catered events in TUC at no extra charge. A catering attendant will be required to service the event when china is used and a fee will be charged. If you wish to use disposable paper goods, please specify on your catering order.

To place an order, contact Classic Fare Catering at 513-556-3135. For menu options visit http://www.uc.edu/food/catering/classicfare

You must provide a method of payment at time of order. Payment can be arranged from any of the following: Purchase Orders, A114’s, Campus Services Charge Card, Visa, Mastercard, American Express, Bearcat Card, cash, and checks or money orders made payable to ARAMARK.

A limited amount of food from the Catskeller menu may be ordered for events taking place in the Catskeller only. Larger events can be ordered through Classic Fare Catering.

fooD WaIVERS
Food waiver request forms are available through Conference & Event Services and are approved by the Director of MainStreet Operations. Please note if a food waiver is approved, a room rental fee may be assessed. Food waivers will only be granted for events that require specific international cuisine or are Kosher. All drinks must be ordered from Classic Fare Catering or a room rental fee may be assessed.
Note: A $200.00 fee will be assessed if any outside food or catering is brought into any TUC function without prior approval by the Director of MainStreet Operations.

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Funding Your Event
Available Event Funding
Funding for events hosted by student and other non-Greek university organizations is available from the University Funding Board (UFB). The UFB’s purpose is to allocate general fee money to student and other university groups who promote interaction and awareness through programs that directly benefit the entire student body. UFB funding is available for all recognized student groups and other university organizations. Groups can apply for up to $7,000 per year. Monthly Treasurer’s Workshops are available to all student and other university organizations. For more information, contact:
Gila Johnson Undergraduate Funding Board Advisor
SSLC, Room 655 513-556-6107 gila.johnson@uc.edu
Organizations must complete a UFB Funding Request Form signed by the organization advisor and deliver to the UFB mailbox in 655 SSLC no later than 3:00 p.m. two Thursdays prior to the event. The UFB meets every Thursday at 6:15 p.m. in the Student Government office. Organization representatives may wait in the lounge area until your request is heard.
If there are questions about your proposal, you will be called into the conference room to discuss. Otherwise, organizations will find out verbally if requested funding was approved. If you are unable to make the meeting, you can check the decisions for funding at www.uc/sald (click on Student Government, then UFB) by Friday afternoon or check in the UFB office the following day.
Security, grounds, and electric costs are billed directly to the student organization from Public Safety and Grounds AFTER the event has occurred. Quotes for your event may be requested.

Promoting Your Event on MainStreet

MainStreet recognizes the need for student organizations to advertise campus information. There are a variety of ways to promote your event on MainStreet including posting signs, using the TUC messaging screens or the SSLC electronic sign, chalking, placing table tents in the TUC Food Court, placing a slide in the MainStreet Cinema preview slide show, and hanging banners at TUC. The proper procedures are outlined below. All are subject to change, and some require pre-approval. MainStreet staff reserves the right to refuse any material that does not support the goals and objectives of the university community.

Posters and Flyers

Do’s
• • •

Posters and flyers must be approved and stamped at the MainStreet Connection Center (MSCC) desk located at TUC, Level 3. To be approved, posters and flyers must be of general interest to the campus community, sponsored by a registered university organization or non-profit organization, and in good taste. Posters and flyers must include the sponsor’s name and contact information and the date of the event or program.

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• Approved posters and flyers 11” x 17” or smaller may be posted on the bulletin boards in TUC and on the metal MainStreet sign structures.
• Once approved and stamped, the MSCC will provide pushpins or thumbtacks for the bulletin boards. Tape is to be used for outside posting on the metal MainStreet sign structures. Organization representatives are responsible for posting the posters and flyers on the bulletin boards and the outdoor metal sign structures.
• Posters and flyers may be posted for upto 10 days prior to the event or program. • Up to 10 approved flyers or handbills may be approved. • If you wish to put flyers in the student organization mailboxes on the 4th floor of SSLC and on the bulletin
boards in SSLC, contact the Office of Student Activities and Leadership Development for approval at 513556-6115.
Don’ts
• Alcohol cannot be advertised. • Personal items for sale, roommate searches, apartment searches, and local bar ads may not be posted
anywhere on MainStreet. • Off-campus, for-profit organizations are prohibited from distributing posters and flyers in TUC and SSLC. • Posters and flyers may not be posted on walls, doors, windows, or any painted surface. Organizations that
post posters and flyers on walls, doors, or windows will be subject to a removal fee. • Anything taped or stapled to inside bulletin boards will be removed.
MainStreet Operations has the sole responsibility for the removal of all outdated and unapproved postings.
MAINSTREET MONITORS and SCROLLING MARQUEE:
MainStreet has (available upon your request) a variety of media sources to assist in the promotion of your on campus event. These sources are available to student groups at no charge, but we ask that the event to be publicized meet a few system requirements. Please coordinate your marketing needs within your group so you do not create duplicate requests.
• MainStreet Monitors: The Aavelin System – Is the monitor system that runs continuously throughout Tangeman University Center and the Campus Recreation Center. The system requires graphics in the JPG format with the resolution of 800x600 pixels. BOLD/Black contrasting colors look best. Please send your announcement to Janet.Wolf@uc.edu as an attachment with any other details regarding your event. For system scheduling purposes, please be sure to include the announcements beginning date and end date. Also, please be sure to save the file under a non generic name, do not use file names; such as slide or monitor. The file name should reflect the advertisement/event.
• Scolling Marque: The Daktronics System – is the LED scrolling sign that is located on the eastside of the Steger Student Life Center. You can submit your request by email or returning the form. Due to space limitations, please make sure that your message consist of only 75 characters (including spaces) and must include the name, date, time and location of the event. Events being held off campus will not be publicized.
After your request has been received, the announcement will be created then published to the systems. To assist in this process, please plan on a 5-7 day timeline for production.
Chalking
• To obtain approval for chalking, an organization representative must request space online at www.uc.edu/ eventservices. Click on “Need meeting or event space” and then login to the UC Central Login system to complete the online form.
• Chalking by a registered university group is permitted ONLY on the McMicken Commons’ concrete sidewalks.
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• Chalking without a reservation and/or chalking anywhere else on campus is prohibited and the individual or sponsoring organization will incur cleanup fees.
• Offensive chalking is prohibited and the individual or sponsor organization will incur cleanup fees. • Only water-soluble chalk may be used.

Table Tents in the TUC Food Court
• Email request to schedule table tents for desired dates, including a JPG format draft of the table tent, to Janet Wolf (janet.wolf@uc.edu). Janet will submit the artwork/logo for approval. Please allow five business days to receive an approved confirmation email.
• Table tents should be no larger than 8 ½ x 11 or smaller than 3 post-cards taped/stapled together. They must be tri-fold in design, single sheets or sheets folded in half will not be accepted. All sides must be secured – tape, glue, or stapling are acceptable methods.
• They must contain the date(s), time, event name and the UC logo. • No more than two groups may promote at a time; the earlier a group gets the request in, the more likely it is
they can have the desired dates. • Maximum time frame for a promotion is two weeks per event, per quarter. • Scheduled times are not confirmed until approval process is complete and approval has been granted.
Please do not print your table tents until you have secured approval and have received your email confirmation. • It is the group’s responsibility to print tents, place and remove. We allow 150 tents per group to be placed. • Tents are NOT to be placed/removed during Food Court peak operation hours of 11 a.m. -2 p.m.

NOTE: Failure to comply with any of the above may result in the group’s suspension of table tent permits for the quarter, or longer depending on time of suspension. The organization will be subject to a removal fee. Also – any unapproved table tents or flyers on TUC Food Court tables will be removed immediately. The organization will be subject to a removal fee.

Method Posters/Flyers
TUC Campus Monitors MainStreet Cinema Preview Slide SSLC Electronic Sign
MainStreet Web Site
Chalking
Table signs in TUC Food Court

Promotional Methods at a Glance

Lead Time

Info Needed

Format

2 weeks prior to event Event information, including sponsor’s name and contact information

11” x 17” or smaller

2 weeks prior to event Same as above

JPG slide at 800x 600 pixels resolution 72 dpi

2 weeks prior to event Basic event information

PowerPoint slide

2 weeks prior to event Basic event information

8 weeks prior to event 1 week prior to event

Full description of event and logos, pictures if available
Basic event information

75 character limit text either email or Word Document Word document
Water soluble chalk only

5-10 business days prior to event

Event information, including sponsor’s name and contact information and UC logo

180 copies on cardstock, trifolded on edge and taped; set-up yourselves

Where to submit request MainStreet Connection Center
janet.wolf@uc.edu
janet.wolf@uc.edu
janet.wolf@uc.edu
mainstreet@uc.edu
Online Space Request Form janet.wolf@uc.edu

Table signs in the 3 Dining Centers

Reserve as soon as possible as up to 2 programs can only be reserved at a time

Event information, including sponsor’s name and contact information and UC logo

305 copies on cardstock,

katy.higbee@uc.edu

single-sided 6.5”w X 4.25”h;

deliver to staff at each center

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MainStreet is your on-campus neighborhood – the place to live, learn, work, and play.
Conference & Event Services staff is here to help make it happen.
Please feel free to contact our office with questions or for assistance at event.services@uc.edu or 513-556-2442. www.uc.edu/eventservices
Copyright and Licensing
Information for showing movies in Mainstreet cinema
Following is important information that will enable you to understand copyright and licensing requirements. Please be aware that copyright infringers can be prosecuted. After reading this information, if you have questions about copyright and licensing requirements,  MainStreet Operations will be happy to assist you. Please contact us at 513-556-0943 or mainstreet@uc.edu.
What Are Public Performances?
Suppose you invite a few personal friends over for dinner and a movie. You purchase or rent a copy of a movie from the local video store and view the film in your home that night. Have you violated the copyright law by illegally “publicly performing” the movie? Probably not. But suppose you took the same movie and showed it at a club or bar you happen to manage. In this case, you have infringed the copyright of the movie. Simply put, movies obtained through a video store are not licensed for exhibition. Home video means just that: viewing of a movie at home by family or a close circle of friends.
What the Law Says
The Federal Copyright Act (Title 17 of the United Stated Code) governs how copyrighted materials, such as movies, may be used. Neither the rental nor the purchase of a DVD/videocassette carries with it the right to show the tape outside the home. In some instances, no license is required to view a movie, such as inside the home by family or social acquaintances and in certain narrowly defined face-to-face teaching activities.
Taverns, restaurants, private clubs, prisons, lodges, factories, summer camps, public libraries, day-care facilities, parks and recreation departments, churches, and non-classroom use at schools and universities, are all examples of situations where a public performance license must be obtained. This legal requirement applies regardless of whether an admission fee is charged, whether the institution or organization is commercial or non-profit, or whether a federal or state agency is involved.
Penalties for Copyright Infringement
 “Willful” infringement for commercial or financial gain is a federal crime punishable as a misdemeanor, carrying a maximum sentence of up to one year in jail and/or a $100,000.00 fine. Even inadvertent infringers are subject to substantial civil damages, ranging from $500.00 to $20,000.00 for each illegal showing.
How to Obtain a Public Performance License 
Obtaining a public performance license is relatively easy and usually requires no more than a phone call.
Fees are determined by such factors as the number of times a particular movie is going to be shown, how large the audience will be, and so forth. While fees vary, they are generally inexpensive for smaller performances. Most licensing fees are based on a particular performance or set of performances for specified films. Page 18

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The MainStreet Operations department can assist you in obtaining the proper licensing to show a public performance in our facility. Prices for licenses vary depending on how recently the film was released. Please inquire for more details.

Why is Hollywood Concerned About Such Performances?  
The concept of “public performance” is central to copyright and the issue of protection for “intellectual property.” If a movie producer, author, computer programmer or musician does not retain ownership of his or her “work,” there would be little incentive for them to continue and little chance of recouping the enormous investment in research and development, much less profits for future endeavors.
Unauthorized public performances in the U.S. are estimated to rob the movie industry of an estimated $2 million each year. Unfortunately, unauthorized public performances are just the tip of the iceberg. The movie studios lose more than $150 million annually due to pirated videotapes and several hundred million more dollars because of illegal satellite and cable TV receptions.

Copyright Infringers are Prosecuted
The Motion Picture Association of America (MPAA) and its member companies are dedicated to stopping film and video piracy in all its forms, including unauthorized public performances. The motion picture companies will go to court to ensure their copyrights are not violated. Lawsuits, for example, have been filed against cruise ships and bus companies for unauthorized on-board exhibitions. If you are uncertain about your responsibilities under the copyright law, contact the MPAA, firms that handle public performance licenses, or the studios directly. Avoid the possibility of punitive action.

Have Questions or Need More Information?
Please contact MainStreet Operations at mainstreet@uc.edu or call 513-556-0943. If you have questions about exhibition laws, you may also contact the Motion Picture Association of America at 1-800662-6797.
Content of this brochure reproduced with permission of the Motion Picture Association of America Copyright @ 1995 MPAA.

Who to Contact at MainStreet Operations

Kim Schmidt, Interim Director, MainStreet Operations Pat Bevis, Building Services Coordinator		 Bob Dean, Associate Director, MainStreet Operations		 Jennifer Moore, Executive Staff Assistant		 Crystal Stephens, Manager, Catskeller & Cinema		 Ellen Robinson-Wyatt, Program Director, Bearcat Card Janet Wolf, Manager, Mainstreet Connection Center		 MainStreet (Main Line), mainstreet@uc.edu		

513-556-0599 513-556-5273 513-556-0414 513-556-0502 513-556-0943 513-556-1260 513-556-2831 513-556-0502

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K

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Case: 1:12-cv-00155-TSB Doc #: 69-2 Filed: 06/12/12 Page: 1 of 1 PAGEID #: 1569

CERTIFICATE OF SERVICE I hereby certify that on June 12, 2012, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to the following:

Brian E. Hurley Robert J. Gehring Crabbe, Brown & James 30 Garfield Place, Suite 740 Cincinnati, Ohio 45202 bhurley@cbjlawyers.com rgehring@cbjlawyers.com
Attorneys for Defendants Gregory H. Williams, Corinn Shemak, Cathy Krumpelbeck, Michael Cureton, and Brittany Sisko

Lee Ann Rabe Mia Meucci Yaniko Ohio Attorney General’s Office Education Section 30 East Broad Street, 16th Floor Columbus, Ohio 43215 LeeAnn.Rabe@ohioattorneygeneral.gov mia.yaniko@ohioattorneygeneral.gov
Attorneys for Defendant Brittany Sisko
/s/ Ryan D. Walters______________ Maurice A. Thompson (0078548) Ryan D. Walters (0076724)
Trial Attorneys for Plaintiffs 1851 Center for Constitutional Law 208 E. State Street Columbus, Ohio 43215 Tel: (614) 340-9817 Fax: (614) 365-9564 rwalters@ohioconstitution.org mthompson@ohioconstitution.org
Curt C. Hartman (0064242) Co-counsel for Plaintiffs The Law Firm of Curt C. Hartman 3749 Fox Point Court Amelia, Ohio 45102 Tel: (513) 752-8800 hartmanlawfirm@fuse.net

University of Cincinnati Chapter of Young Americans for Liberty et al v. University of Cincinnati et al, Docket No. 1:12-cv-00155 (S.D. Ohio Feb 22, 2012), Court Docket
General Information

Case Name
Docket Number Court Nature of Suit Related Opinion(s)

University of Cincinnati Chapter of Young Americans for Liberty et al v. University of Cincinnati et al
1:12-cv-00155
United States District Court for the Southern District of Ohio
Civil Rights: Other
2012 BL 124140 2012 BL 145493 2012 BL 162598 2012 BL 216073 2012 BL 216662 2012 BL 220030 2012 BL 212983

© 2013 Bloomberg Finance L.P. All rights reserved. For terms of service see bloomberglaw.com // PAGE 1 Document Link: http://www.bloomberglaw.com/ms/document/X1Q6M5EDUL82?documentName=95.xml

 
 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

UNIVERSITY OF CINCINNATI CHAPTER OF YOUNG AMERICANS FOR LIBERTY, et al.,

Case No. 1:12-cv-155

Plaintiffs,

Judge Timothy S. Black

v.

GREGORY WILLIAMS, et al.,

Defendants.

ORDER GRANTING DEFENDANT BRITTANY SISKO’S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Doc. 77)

This civil case is before the Court on Defendant Brittany Sisko’s Motion to

Dismiss (Doc. 77) and the parties’ responsive memoranda (Docs. 84 & 85).

I. BACKGROUND

A. Facts

Plaintiff Christopher Morbitzer is a student at the University of Cincinnati and the

president of the University of Cincinnati Chapter of Young Americans for Liberty. (Doc.

69 at ¶¶ 5, 7). On February 9, 2012, Morbitzer sent an email application to the

University’s Office of Campus Scheduling regarding his desire to gather signatures on

campus in support of a petition to place the Ohio Workplace Freedom Amendment on the

November 2012 ballot. (Doc. 69, Ex. F at 1). Morbitzer sought clarification as to

whether he and YAL would need prior approval to gather signatures, speak with fellow

students, and express their support for the initiative both inside the University’s

designated Free Speech Area and on sidewalks and other open outdoor spaces. (Id.).

Morbitzer further sought clarification as to whether gathering signatures was a “demonstration, picket, or rally” within the meaning of the University’s Use of Facilities and Policy Manual.1 (Id.).
The following day, Morbitzer received a response from “Conference and Event Services” and authored by University employee Brian Short. (Doc. 69, Ex. G). The email did not directly answer Morbitzer’s question about whether the gathering of signatures was a “demonstration, picket, or rally” and instructed him to use the online form to request the use of the McMicken Commons Northwest Corner (the Free Speech Area). The email further stated that “Per Use of Facilities, you are not permitted to walk around campus, if we are informed that you are, Public Safety will be contacted.” (Id.). The email explained that Morbitzer would receive an email confirmation in “about 3 business days, sometimes less” regarding whether or not his request had been approved. (Id.).
Morbitzer then completed the requisite form. (Doc. 69, Ex. H). The same day, he received an email from Campus Scheduling student employee Brittany Sikso, granting him permission to use only the Free Speech Zone: “You have been assigned the Northwest Corner of McMicken Commons, however you are not permitted to walk around. Also note, that your event was approved despite our 5 Day Business Policy. In the future this will not be allowed.” (Id., Ex. I).
1 The University’s Use of Facilities Policy manual in effect at the time restricted “demonstrations, picketing, and rallies” to the northwest corner of McMicken Commons, designated as the University “Free Speech Area.” (Doc. 69, Ex. A at 15).
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B. Procedural History Plaintiffs filed the instant action on February 22, 2012, alleging that the University’s policies regulating student speech violated the First Amendment. Plaintiffs sought injunctive relief against a number of University officials, including Defendant Sisko. Plaintiffs later filed a First Amended Complaint, which added a claim against Defendant Sisko in her individual capacity for violations of 42 U.S.C. § 1983. (See Doc. 15). On June 12, 2012, the Court granted Plaintiffs’ Motion for a Preliminary Injunction, finding that the Free Speech Area and the open outdoor areas of campus were designated public fora and that the University’s policies failed to satisfy the requirements of strict scrutiny. (See Doc. 65). The Court enjoined the Defendants from enforcing its unconstitutional policies, and ordered them to craft more narrowly tailored regulations. (Id.). The University has since adopted revised policies. (See Doc. 81 at 1-2) Defendant Sisko responded to Plaintiffs’ allegations by filing a Motion to Dismiss (Doc. 37). However, the Court subsequently granted Plaintiffs leave to amend the complaint, rendering the pending motion moot. (See Doc. 67). Plaintiffs have since filed the Second Amended Complaint (Doc. 69), and Defendant Sisko has filed a new Motion to Dismiss (Doc. 77), again arguing that the complaint fails to state a claim and that she is immune from suit on the grounds of qualified immunity. The parties have filed responsive memoranda (Docs. 84 and 85), and the matter is now ripe for review.
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II. ANALYSIS Sisko argues that Plaintiffs’ claim that she is liable in her individual capacity fails
for two reasons: (1) the Second Amended Complaint has failed to state a claim against her; and (2) she is entitled to qualified immunity for her actions.
A. Failure to State a Claim A motion to dismiss for failure to state a claim operates to test the sufficiency of the complaint. Rule 12(b)(6) permits dismissal of a complaint for “failure to state a claim upon which relief can be granted.” Fed. R. Civ. P 12(b)(6). The complaint must contain a “short and plain statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a). The plaintiff's ground for relief must entail more than “labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007). The first step in testing the sufficiency of the complaint is to identify any conclusory allegations. Ashcroft v. Iqbal, 556 U.S. 662, 663 (2009). “Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.” Id. (citing Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007)). That is, “a plaintiff's obligation to provide the grounds of [his] entitlement to relief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.” Twombly, 550 U.S. at 555. Although the court must accept well-pleaded factual allegations of the complaint as true for purposes of a motion to
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dismiss, the court is “not bound to accept as true a legal conclusion couched as a factual allegation.” Id.
After assuming the veracity of all well-pleaded factual allegations, the second step is for the court to determine whether the complaint pleads “a claim to relief that is plausible on its face.” Iqbal, 556 U.S. at 663 (citing Twombly, 550 U.S. at 556, 570). A claim is facially plausible when the plaintiff “pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. (citing Twombly, 550 U.S. at 556).
Plaintiffs have failed to state a plausible claim for relief against Defendant Sisko in her individual capacity. To bring an individual capacity claim under 42 U.S.C. § 1983, Plaintiffs must demonstrate: (1) the defendant was a person acting under the color of state law and (2) the defendant deprived the plaintiff of rights, privileges, or immunities secured by the Constitution or laws of the United States. Fridley v. Horrighs, 291 F.3d 867, 871-72 (6th Cir. 2002). Here, the facts alleged by Plaintiffs are insufficient to demonstrate that Sisko deprived them of their First Amendment rights.
Plaintiffs’ only factual allegations are that Sisko sent an email granting their use of the Free Speech Area, waiving the notice requirement, and informing them of the University policy prohibiting the circulation of petitions on sidewalks. (Doc. 69 at ¶ 91). Plaintiffs make no allegations that Sisko was a decision-maker with respect to the creation of the University policy, that she had the authority to grant them the use of the
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sidewalks, nor that she made any decisions on the basis of the nature of their speech. Sisko simply granted the request and repeated a University policy. Plaintiffs simply offer conclusory allegations that “As a direct and proximate result of the denial by Brittany Sisko of their request . . . Plaintiffs’ constitutional rights have been violated and Plaintiffs have suffered injury and damages.” (Id. at ¶ 103). Such threadbare allegations are insufficient to state a claim for relief. Iqbal, 556 U.S. at 663.
B. Qualified Immunity Sisko also seeks to dismiss the claims against her in her individual capacity on the grounds of qualified immunity. Because the Court finds that Plaintiffs have failed to state a claim against Defendant Sisko, resolution of the qualified immunity question is unnecessary. III. CONCLUSION For the reasons stated herein, Defendant Brittany Sisko’s Motion to Dismiss (Doc. 77) is GRANTED. Plaintiffs’ claims against Defendant Sisko in her individual capacity are DISMISSED. IT IS SO ORDERED.

Date: 8/22/12

s/ Timothy S. Black Timothy S. Black United States District Judge

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 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

UNIVERSITY OF CINCINNATI CHAPTER OF YOUNG AMERICANS FOR LIBERTY, et al.,

Case No. 1:12-cv-155

Plaintiffs,

Judge Timothy S. Black

v.

GREGORY WILLIAMS, et al.,

Defendants.

ORDER GRANTING PLAINTIFFS’ MOTION TO CONVERT THE PRELIMINARY INJUNCTION INTO A PERMANENT INJUNCTION (DOC. 71)

Plaintiffs filed the instant action on February 22, 2012, alleging that the University

of Cincinnati’s policies regulating student speech violated the First Amendment. On June

12, this Court granted Plaintiffs’ Motion for a Preliminary Injunction, finding that the

Free Speech Area and the open outdoor areas of campus were designated public fora and

that the University’s policies failed to satisfy the requirements of strict scrutiny. (See Doc. 65). The Court enjoined the Defendants1 from enforcing its unconstitutional

policies, and ordered them to craft more narrowly tailored regulations. (Id.).

On July 12, 2012, Defendants notified the Court that they had adopted the

following revised free speech policy:

1 Plaintiffs’ Complaint sought injunctive relief against University President Gregory Williams, Program Director of Conference and Event Services Corinn Shemak, Public Safety and Special Events Coordinator Cathy Krumpelbeck, Campus Director of Public Safety Michael Cureton, and Conference & Event Services student employee Brittany Sisko. (Doc. 15). Plaintiffs also sought damages against Defendant Sisko in her individual capacity.

“Effective as of June 12, 2012, the University of Cincinnati’s Expressive Activity Policy is suspended by court order, as is any regulation of student speech found in the Use of Facilities Policy Manual and the Main Street Student Event Guide. The president of the University has directed as follows:
• Students who wish to engage in any expressive activity in groups of 25 or fewer, including soliciting signatures on petitions, may do so, without any prior notice to the university, in the Free Speech Area and the open campus areas, plazas, and sidewalks.
• Students who wish to engage in any expressive activity in groups of more than 25: (a) are asked to call Campus Scheduling (558-1810) at least 24 hours in advance and (b) may conduct activities in the same locations, except that the university reserves the ability, on a case-by-case basis, to change the location of a very large activity (groups of 5,000 or more), but only to the extent necessary to ensure the safety and security of the university community.
• Students engaging in any activity on campus are to adhere to the student code of conduct and always to acquit themselves in accordance with applicable law.” (Doc. 81 at 1-2).
The Court finds that the University’s revised policy is in accordance with the prior
Order, and the Court anticipates that the revised policies will continue in effect.
Plaintiffs subsequently filed a motion seeking to convert the preliminary injunction
into a permanent injunction (Doc. 71). Defendants respond that while they “respectfully
disagree with this Court’s June 12, 2012 preliminary injunction and reserve appellate
rights regarding the merits, they do not oppose Plaintiffs’ motion to convert the
preliminary injunction to a permanent injunction, provided the scope of the permanent
injunction mirrors the scope of the preliminary injunction.” (Id. at 1).
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In the absence of opposition from the Defendants, Plaintiffs’ Motion to Convert
the Preliminary Injunction to a Permanent Injunction is GRANTED. Accordingly, for
the reasons stated in the Court’s June 12, 2012 Order (Doc. 65), the Court again
ORDERS, now permanently, that:
(1) The Free Speech Area, the outdoor spaces described in the MainStreet Event Guide,2 and campus sidewalks are designated public fora;
(2) Any restrictions on student speech in the above-designated public fora must be narrowly tailored to serve a compelling government interest. The University may impose content-neutral time, place, and manner restrictions if those restrictions do not burden substantially more speech than necessary to serve a compelling University interest;
(3) Defendants are hereby ENJOINED from:
(A) Requiring prior notification for the solicitation by students of signatures of petitions;
(B) Prohibiting all solicitation by students of signatures of petitions in any designated public forum, including the Free Speech Area, the outdoor spaces described in the MainStreet Event Guide, and campus sidewalks;
(C) Requiring that all student “demonstrations, picketing, or rallies” occur only in the Free Speech Area and/or McMicken Commons and Northwest McMicken Commons;
(D) Requiring five to 15 days prior notification for any and all student “demonstrations, picketing, or rallies” – without differentiations.
2 These spaces include the Tangeman University Center Plaza, Bearcat Pavilion, Bearcat Plaza, McMicken Free Speech Area, McMicken Commons, Sigma Sigma Commons, Campus Green, Campus Recreation Center West Plaza, and Campus Recreation Center East Plaza. (Doc. 43 at 12; Doc. 43, Ex. 3 at 4).
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(E) Imposing or enforcing any policy restricting student speech in any designated public forum, including the Free Speech Area, the outdoor spaces described in the MainStreet Event Guide, and campus sidewalks that is not individually and narrowly tailored to serve a compelling University interest.
(4) Pursuant to Fed. R. Civ. P. 54(d)(2), Plaintiffs shall file their motion for attorneys’ fees within 14 days of the date of this Order. Defendants shall file their memorandum in opposition within 21 days of Plaintiffs’ filing; and
(5) The Court shall rule on Defendants’ Motion for Mediation and Related Relief (Doc. 75) after Plaintiffs’ anticipated motion for fees is fully ripe.
IT IS SO ORDERED.

Date: 8/22/12

s/ Timothy S. Black Timothy S. Black United States District Judge

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 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

UNIVERSITY OF CINCINNATI CHAPTER OF YOUNG AMERICANS FOR LIBERTY, et al.,

Case No. 1:12-cv-155

Plaintiffs,

Judge Timothy S. Black

v.

GREGORY WILLIAMS, et al.,

Defendants.

FINAL JUDGMENT OF PERMANENT INJUNCTION

Defendants are hereby ENJOINED from:

(A) Requiring prior notification for the solicitation by students of signatures of petitions;

(B) Prohibiting all solicitation by students of signatures of petitions in any designated public forum, including the Free Speech Area, the outdoor spaces described in the MainStreet Event Guide, and campus sidewalks;

(C) Requiring that all student “demonstrations, picketing, or rallies” occur only in the Free Speech Area and/or McMicken Commons and Northwest McMicken Commons;

(D) Requiring five to 15 days prior notification for any and all student “demonstrations, picketing, or rallies” – without differentiations.

(E) Imposing or enforcing any policy restricting student speech in any designated public forum, including the Free Speech Area, the outdoor spaces described in the MainStreet Event Guide, and campus sidewalks that is not individually and narrowly tailored to serve a compelling University interest.

IT IS SO ORDERED. Date: 8/22/12

s/ Timothy S. Black Timothy S. Black United States District Judge

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 Case: 1:12-cv-00155-TSB Doc #: 91 Filed: 10/01/12 Page: 1 of 2 PAGEID #: 1707 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHER DISTRICT OF OHIO WESTERN DIVISION

UNIVERSITY OF CINCINNATI CHAPTER OF YOUNG AMERICANS FOR LIBERTY, eta!.

Case No. 1:12-cv-155 Judge Timothy S. Black

Plaintiffs

v.

UNIVERSITY OF CINCINNATI, et al.
Defendants

STIPULATION OF DISMISSAL WITH PREJUDICE

Pursuant to Fed. R. Civ. Proc. 41, all remaining parties through their respective counse1make

this joint stipulation to dismiss with prejudice all claims Plaintiffs have brought in this action against

the Defendants Williams, Shemack, Krumpelbeck, Cureton and Sisko in their official capacities.

With this Stipulation Of Dismissal, no claims brought in this action remain pending, and, as such,

this action is terminated provided that any of the pmiies may, upon good cause shown, within sixty

(60) days, reopen the action if settlement is not consummated.

The remaining parties also agree that this Comi shall retain jurisdiction over the settlement

contract for purposes of its enforcement.

Respectfully submitted,

Is/ Maurice A. Thompson per email] 0/1112

MAURICE A. THOMPSON (78548)

RYAN D. WALTERS

(76724)

1851 Center for Constitutional Law

208 E. State Street

Colmnbus, OH 43215

rwalters@ohioconstitution.org

mthompson@ohioconstih1tion.org

Trial Attorneys for Plaintiffs

MICHAEL DEWINE (0009181) Ohio Attorney General

Is/ Brian E. Hurlev

BRIAN E. HURLEY

(0007827)

ROBERTJ.GEHRING

(0019329)

Crabbe, Brown & James

30 Garfield Place, Suite 740

Cinci1mati, OH 45202

Telephone: (513) 784-1525

Facsimile: (513) 784-1250

Email: bhurley@cbjlawyers.com

Email: rgeluing@cbjlawyers.com

Trial Attorneys for Defendants Gregory H.

Williams, Corinn Shemak, Cathy

Krumpelbeck, Michael Cureton, and Brittany

Sisko in her "official" capacity only

Case: 1:12-cv-00155-TSB Doc #: 91 Filed: 10/01/12 Page: 2 of 2 PAGEID #: 1708

Is! Curt C. Hartman per email] Oil112

CURT C. HARTMAN

(64242)

The Law Firm of Curt C. Hartman

3749 Fox Point Court

Amelia, OH 45102

hartmanlawtirm@fuse.net

Co-Counsel for Plaintiffs

2

 
 Case: 1:12-cv-155 As of: 01/05/2013 09:13 AM EST 1 of 13
U.S. District Court Southern District of Ohio (Cincinnati) CIVIL DOCKET FOR CASE #: 1:12−cv−00155−TSB

CLOSED,LC1

University of Cincinnati Chapter of Young Americans for Liberty et al v. University of Cincinnati et al Assigned to: Judge Timothy S. Black Cause: 42:1983 Civil Rights Act
Plaintiff

Date Filed: 02/22/2012 Date Terminated: 10/02/2012 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

University of Cincinnati Chapter of Young Americans for Liberty

represented by Maurice A Thompson 1851 Center for Constitutional Law 208 E. State Street Columbus, OH 43215 614−340−9817 Email: mthompson@ohioconstitution.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ryan Daniel Walters 1851 Center for Constitutional Law 208 E. State Street Columbus, OH 43215 614−340−9817 Fax: 614−365−9564 Email: rwalters@ohioconstitution.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Curt Carl Hartman 3749 Fox Point Amelia, OH 45102 513−752−8800 Fax: 513−943−0142 Email: hartmanlawfirm@fuse.net ATTORNEY TO BE NOTICED

Plaintiff Christopher Morbitzer

represented by Maurice A Thompson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ryan Daniel Walters (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Curt Carl Hartman (See above for address) ATTORNEY TO BE NOTICED

V.
Defendant
University of Cincinnati TERMINATED: 03/22/2012

represented by Brian E Hurley Crabbe Brown &James LLP 30 Garfield Pl. Suite 740

Case: 1:12-cv-155 As of: 01/05/2013 09:13 AM EST 2 of 13

Cincinnati, OH 45202 513−784−1525 Email: bhurley@cbjlawyers.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert Joseph Gehring Crabbe Brown &James − 1 30 Garfield Place Suite 740 Cincinnati, OH 45202 513−784−1525 Fax: 513−784−1250 Email: RGehring@cbjlawyers.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Gregory H Williams in his official capacity as President, University of Cincinnati

represented by Brian E Hurley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert Joseph Gehring (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Todd Robert Marti Ohio Attorney General Education Section 30 East Broad Street 16th Floor Columbus, OH 43215 614−644−7250 Fax: 614−644−7634 Email: todd.marti@ohioattorneygeneral.gov ATTORNEY TO BE NOTICED

Defendant
Corinn Shemak in her official capacity as Program Director, Conference &Event Services, University of Cincinnat

represented by Brian E Hurley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert Joseph Gehring (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Todd Robert Marti (See above for address) ATTORNEY TO BE NOTICED

Defendant
Cathy Krumpelbeck in her official capacity as Public Safety Special Events Coordinator, University of Cincinnati

represented by Brian E Hurley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert Joseph Gehring (See above for address) LEAD ATTORNEY

Case: 1:12-cv-155 As of: 01/05/2013 09:13 AM EST 3 of 13

ATTORNEY TO BE NOTICED

Todd Robert Marti (See above for address) ATTORNEY TO BE NOTICED

Defendant
Michael Cureton in his official capacity as Chief of Police, Director of Public Safety, University of Cincinnati

represented by Brian E Hurley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert Joseph Gehring (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Todd Robert Marti (See above for address) ATTORNEY TO BE NOTICED

Defendant
John Doe in his official and individual capacity TERMINATED: 06/12/2012

represented by Brian E Hurley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Brittany Sisko in her official and individual capacity

represented by Brian E Hurley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lee Ann Rabe Ohio Attorney General's Office Education Section 30 East Broad Street 16th Floor Columbus, OH 43215 614−644−6819 Fax: 614−644−7634 Email: LeeAnn.Rabe@ohioattorneygeneral.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mia Meucci Yaniko 30 E. Broad St. 16th Floor Columbus, OH 43215 (614) 644−7250 Fax: (614) 644−7634 Email: mia.yaniko@ohioattorneygeneral.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert Joseph Gehring (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed

# Docket Text

Case: 1:12-cv-155 As of: 01/05/2013 09:13 AM EST 4 of 13

02/22/2012
02/22/2012 02/22/2012 02/22/2012 02/23/2012 02/24/2012
02/24/2012 02/24/2012 02/24/2012
03/01/2012

1 COMPLAINT against All Defendants ( Filing fee $ 350 paid − receipt number: 0648−3541069), filed by University of Cincinnati Chapter of Young Americans for Liberty, Christopher Morbitzer. (Attachments: # 1 Exhibit A − Use of Facilities Policy, Univ of Cinti, # 2 Exhibit B − Map of West Campus, Univ of Cinti, Free Speech Area designated in green, # 3 Exhibit C − Letter from FIRE to Univ of Cinti, dtd 8 Dec 08, # 4 Exhibit D − Letter from Univ of Cinti to FIRE, dtd 22 Dec 08, # 5 Exhibit E − Picture of McMicken Commons, Free Speech Area designated in red, # 6 Exhibit F − Email from Christ Morbitzer to Campus Scheduling, dtd 9 Feb 12, # 7 Exhibit G − Email from Campus Scheduling to Christ Morbitzer, dtd 10 Feb 12, 8:05 am, # 8 Exhibit H − Event Request Form, Univ of Cinti, # 9 Exhibit I − Email from Campus Scheduling to Christ Morbitzer, dtd 10 Feb 12, 1:53 pm, # 10 Civil Cover Sheet) (Hartman, Curt) (Entered: 02/22/2012)
2 NOTICE of Appearance by Ryan Daniel Walters for Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty (Walters, Ryan) (Entered: 02/22/2012)
3 ORDER REASSIGNING CASE. Case reassigned to the Clerk's Office for reassignment. Chief Judge Susan J. Dlott reassignment for all further proceedings. Judge Michael R. Barrett no longer assigned to case. Signed by Judge Michael R. Barrett on 2/22/12. (ba1) (Entered: 02/22/2012)
4 ORDER: The above−captioned matter is hereby TRANSFERRED from the docket of The Honorable Susan J. Dlott to the docket of The Honorable Timothy S. Black. Signed by Chief Judge Susan J. Dlott on 2/22/12. (mtw) (Entered: 02/22/2012)
5 MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction by Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty. (Walters, Ryan) (Entered: 02/23/2012)
Notice of Hearing: Pursuant to S.D. Ohio C. R. 65.1, this civil action is set for an informal preliminary telephone conference on Plaintiff's Motion for a Temporary Restraining Order (Doc. 5 ) on 2/25/12 at 3:00 p.m. Counsel shall call 1−888−684−8852; Access Code 8411435; Security Code 123456; and wait for the Court to join the conference. It is the responsibility of Plaintiff's counsel to ensure that defense counsel is aware of the time, date, and call−in information for the conference. See S.D. Ohio Civ. R. 65.1(a). (mr1) (Entered: 02/24/2012)
NOTICE re 2/24/2012 Notice of Hearing inadvertently noted the wrong date. The conference call is 2/24/2012 at 3:00 p.m. All apologies for any confusion caused. (mr1) (Entered: 02/24/2012)
6 NOTICE of Appearance by Ryan Daniel Walters for Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty (Walters, Ryan) (Entered: 02/24/2012)
Minute Entry: Pursuant to Local Rule 65.1, this case came before the Court for an informal conference by telephone on 2/24/12 at 3:00 p.m. Attorneys Maurice Thompson, Ryan Walters, and Curt Hartman participated on behalf of the Plaintiffs. Attorneys Brian Hurley, Robert Gehring, and Doug Nienaber participated on behalf of Defendants. The Court hereby establishes the following CALENDAR ORDER: Defendants shall file a memorandum in opposition to Plaintiffs' Motion for a Temporary Restraining Order (Doc. 5 ) by 12:00 p.m. on 3/5/12; the Court will hold a hearing on the pending motion on 3/6/12 at 2:00 p.m. in Cincinnati Courtroom #3, Room 836. This case will come before the Court for a status conference by telephone on 3/1/12 at 12:30 p.m. Counsel shall call 1−888−684−8852; Access Code 8411435; Security Code 123456 and wait for the Court to join the conference. (mr1) (Entered: 02/24/2012)
Minute Entry: This case came before the Court for a status conference by telephone on 3/1/12 at 12:30 p.m. Attorneys Maurice Thompson, Ryan Walters, and Curt Hartman participated on behalf of Plaintiffs. Attorneys Brian Hurley, Robert Gehring, and Doug Nienaber participated on behalf of Defendants. The Calendar Order of 2/24/12 is VACATED. The parties informed the Court that they have reached a temporary agreement and that Plaintiffs' Motion for a Temporary Restraining Order is now moot. The parties will submit a formal filing to the Court memorializing their agreement. This matter is set for a hearing on a permanent

Case: 1:12-cv-155 As of: 01/05/2013 09:13 AM EST 5 of 13

03/12/2012 03/12/2012
03/13/2012 03/13/2012 03/13/2012 03/13/2012 03/13/2012 03/13/2012
03/20/2012 03/21/2012 03/21/2012

injunction on 5/30/12 at 10:30 a.m. in Cincinnati Courtroom #3, Room 836. The parties shall submit a briefing schedule to the Court by 3/9/12. (Court Reporter Jodie Perkins (Official).) (mr1) (Entered: 03/01/2012)
NOTICE of Hearing: A Status Conference by telephone is set for 3/12/2012 at 3:30 p.m. before Judge Timothy S. Black. Counsel shall call 1−888−684−8852; Access Code 8411435; Security Code 123456 and wait for the Court to join the conference. (mr1) (Entered: 03/12/2012)
Minute Entry: This case came before the Court for a status conference by telephone on 3/12/12 at 3:30 p.m. Attorneys Maurice Thompson, Ryan Walters, and Curt Hartman participated on behalf of Plaintiffs. Attorneys Brian Hurley and Douglas Nienaber participated on behalf of Defendants. Plaintiffs' counsel represented to the Court that they will complete service upon the Defendants by 3/13/12. The Court acknowledges its receipt of letters from Mr. Hurley dated 2/29/12 and 3/1/12 confirming for the Court that the parties have reached a temporary agreement regarding Plaintiffs' use of University space through 6/15/12. This agreement will govern the parties' conduct through June 15, 2012 in consideration of an accelerated resolution of the case on the merits, with a final hearing, on May 30, 2012 at 10:30 a.m. in Courtroom #3, Room 836, on Plaintiffs' motion for a permanent injunction and Defendants' pleadings contra. The Court will docket a calendar order by separate entry. (mr1) Modified on 3/13/2012 (mr1). (Entered: 03/13/2012)
7 Summons Issued as to Michael Cureton, Cathy Krumpelbeck, Corinn Shemak, University of Cincinnati, Gregory H Williams. (lk) (Entered: 03/13/2012)
8 NOTICE of Appearance by Brian E Hurley for Defendants Michael Cureton, Cathy Krumpelbeck, Corinn Shemak, University of Cincinnati, Gregory H Williams (Hurley, Brian) (Entered: 03/13/2012)
9 NOTICE of Appearance by Robert J. Gehring for Defendants Michael Cureton, Cathy Krumpelbeck, Corinn Shemak, University of Cincinnati, Gregory H Williams (Hurley, Brian) Modified text to correct the counsel's name on the Appearance of Counsel form on 3/13/2012 (mr1). (Entered: 03/13/2012)
10 MOTION to Dismiss for Lack of Jurisdiction by Defendant University of Cincinnati. Responses due by 4/6/2012 (Hurley, Brian) (Entered: 03/13/2012)
11 NOTICE by Defendants Michael Cureton, Cathy Krumpelbeck, Corinn Shemak, Gregory H Williams, Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty of Joint Proposed Schedule (Hurley, Brian) (Entered: 03/13/2012)
12 CALENDAR ORDER. Deadline for Plaintiffs to file memo contra Defendants' Motion to Dismiss (Doc. 10 ): 3/20/12. Deadline for Defendants' reply memo re motion to dismiss: 3/27/12. Discovery Cut−Off: 4/14/12. Dispositive Motions Deadline: 4/27/12. Memoranda in opposition to dispositive motions: 5/17/12. Replies to memoranda in opposition: 5/23/12. Final Hearing on the merits: 5/30/12 at 10:30 a.m. in Cincinnati Courtroom #3, Room 836. Signed by Judge Timothy S. Black on 3/13/12. (mr1) (Entered: 03/13/2012)
13 RESPONSE in Opposition re 10 MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty. (Walters, Ryan) (Entered: 03/20/2012)
14 ANSWER to Complaint filed by Michael Cureton, Cathy Krumpelbeck, Corinn Shemak, Gregory H Williams. (Hurley, Brian) (Entered: 03/21/2012)
15 AMENDED COMPLAINT against All Defendants, filed by University of Cincinnati Chapter of Young Americans for Liberty, Christopher Morbitzer. (Attachments: # 1 Exhibit UC Use of Facilities Policy Manual, # 2 Exhibit Map of West Campus, # 3 Exhibit Letter from FIRE to UC, # 4 Exhibit Letter from UC to FIRE, # 5 Exhibit Picture Free Speech Area McMicken Commons, # 6 Exhibit Email 9 Feb 2012, # 7 Exhibit Email 10 Feb 2012, # 8 Exhibit Event Request Form, # 9 Exhibit Email 10 Feb 2012) (Walters, Ryan) (Entered: 03/21/2012)

Case: 1:12-cv-155 As of: 01/05/2013 09:13 AM EST 6 of 13

03/22/2012 03/22/2012 03/23/2012 03/23/2012 03/27/2012 03/27/2012 03/27/2012 03/27/2012 03/27/2012
03/28/2012
03/28/2012 03/28/2012 03/28/2012 03/28/2012 03/28/2012
03/30/2012

16 NOTICE by Defendant University of Cincinnati re 10 MOTION to Dismiss for Lack of Jurisdiction IS MOOT (Hurley, Brian) (Entered: 03/22/2012)
17 ORDER − Defendant's Motion to Dismiss (Doc. 10 ) is DENIED as moot. Signed by Judge Timothy S. Black on 3/22/12. (mr1) (Entered: 03/22/2012)
Notice of Correction re 15 Amended Complaint: Counsel was advised to file a Notice of Filing Certificate of Service and link it back to the amended complaint. (lk) (Entered: 03/23/2012)
18 NOTICE by Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty re 15 Amended Complaint,, Certificate of Service (Walters, Ryan) (Entered: 03/23/2012)
19 NOTICE by Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty re 15 Amended Complaint,, Verification by Christopher Morbitzer (Walters, Ryan) (Entered: 03/27/2012)
20 ANSWER to 15 Amended Complaint,, filed by Michael Cureton, Cathy Krumpelbeck, Corinn Shemak, Brittany Sisko, Gregory H Williams. (Hurley, Brian) (Entered: 03/27/2012)
21 NOTICE of Appearance by Brian E Hurley for Defendant Brittany Sisko (Hurley, Brian) (Entered: 03/27/2012)
22 NOTICE of Appearance by Robert Gehring for Defendant Brittany Sisko (Hurley, Brian) Modified entry to correct name of attorney on NOA on 3/28/2012 (mr1). (Entered: 03/27/2012)
23 [FORMER DOC. 23] NOTICE by Defendants Michael Cureton, Cathy Krumpelbeck, Corinn Shemak, Brittany Sisko, Gregory H Williams re 12 Order, Set Hearings,,,, of Motion to Modify March 13, 2012 Calendar Order and Request for Scheduling Conference (Hurley, Brian) Modified to remove PDF on 3/28/2012 (lk). (Entered: 03/27/2012)
Notice of Correction re [FORMER DOC. 23] Notice (Other): The document was filed as a notice and it is actually a motion. The PDF was removed and counsel is to refile using a motion event. Notice of Correction re 22 Notice of Appearance: Counsel was advised to file a Notice of Filing Certificate of Service using the event Notice (other) and link it back to Document 22. (lk) (Entered: 03/28/2012)
24 MOTION to Amend/Correct 12 Order, Set Hearings,,,, and Request for Scheduling Conference by Defendants Michael Cureton, Cathy Krumpelbeck, Corinn Shemak, Brittany Sisko, Gregory H Williams. (Hurley, Brian) (Entered: 03/28/2012)
25 NOTICE of Appearance by Brian E Hurley for Defendant Brittany Sisko (Hurley, Brian) (Entered: 03/28/2012)
26 NOTICE by Defendant Brittany Sisko re 21 Notice of Appearance with Certificate of Service attached (Hurley, Brian) (Entered: 03/28/2012)
27 NOTICE by Defendant Brittany Sisko re 22 Notice of Appearance and Certificate of Service attached (Gehring, Robert) (Entered: 03/28/2012)
Notation Order: Defendants' Motion to Modify the Calendar Order (Doc. 24 ) is currently pending before the Court. Plaintiffs shall file their Memorandum in Opposition, if any, by 5:00 p.m. on 3/30/12. This case will come before the Court for a status conference by telephone on 4/2/12 at 12:00 p.m. Counsel shall call 1−888−684−8852 and use the following codes: Access Code: 8411435; Security Code: 123456, and wait on the line for the Court to join the conference. IT IS SO ORDERED by Judge Timothy S. Black on 3/28/12. (mr1) (Entered: 03/28/2012)
28 RESPONSE in Opposition re 24 MOTION to Amend/Correct 12 Order, Set Hearings,,,, and Request for Scheduling Conference filed by Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty. (Attachments: # 1 Exhibit Plaintiff Chris Morbitzers First Set of Interrogatories to Defendants) (Walters, Ryan) (Entered: 03/30/2012)

Case: 1:12-cv-155 As of: 01/05/2013 09:13 AM EST 7 of 13

04/02/2012 04/02/2012
04/04/2012 04/05/2012 04/06/2012 04/10/2012 04/10/2012 04/10/2012 04/11/2012
04/11/2012 04/11/2012
04/12/2012

29 REPLY to Response to Motion re 24 MOTION to Amend/Correct 12 Order, Set Hearings,,,, and Request for Scheduling Conference filed by Defendants Michael Cureton, John Doe, Cathy Krumpelbeck, Corinn Shemak, Brittany Sisko, University of Cincinnati, Gregory H Williams. (Hurley, Brian) (Entered: 04/02/2012)
Minute Entry and Notation Order: This case came before the Court for a status conference by telephone on 4/2/12 at 12:00 p.m. Attorneys Maurice Thompson, Robert Gehring, and Brian Hurley participated. Defendants' pending Motion to Modify the Calendar Order (Doc. 24 ) is DENIED. The Court will hold an injunctive hearing on May 30, 2012 as scheduled. However, the Court will revisit the issue of whether the hearing is for preliminary or permanent injunctive relief after hearing from counsel representing Defendant Sisko in her individual capacity. The Court also notes that Defendant Sisko has not yet been served. Plaintiffs are ordered to complete service on Defendant Sisko within seven days of the date of this order. IT IS SO ORDERED. (Court Reporter Jodie Perkins (Official).) (mr1) (Entered: 04/02/2012)
30 NOTICE by Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty re 15 Amended Complaint,, REQUEST FOR ISSUANCE OF SUMMONS (Walters, Ryan) (Entered: 04/04/2012)
31 Summons Issued as to Brittany Sisko. (lk) (Entered: 04/05/2012)
35 Certificate of Mailing by Clerk re 15 Amended Complaint and 31 Summons Issued as to Brittany Sisko. (mtw) Modified to clarify docket text on 4/11/2012 (mtw). (Entered: 04/11/2012)
32 ORDER TO SHOW CAUSE by Judge Timothy S. Black. Plaintiffs are therefore ordered to SHOW CAUSE in writing by 5:00 pm on April 12, 2012 that they have complied with this Court's Order of April 2, 2012. Signed by Judge Timothy S. Black on 4/10/12. (lk) (Entered: 04/10/2012)
33 [FORMER DOCUMENT 33] AFFIDAVIT of Service for Summons and First Amended Verified Complaint served on Brittany Sisko on 04/06/2012, filed by Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty. (Walters, Ryan) Modified to remove pdf on 4/11/2012 (mtw). (Entered: 04/10/2012)
34 [FORMER DOCUMENT 34] NOTICE by Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty re 33 Affidavit of Service Certificate of Service (Walters, Ryan) Modified to remove pdf on 4/11/2012 (mtw). (Entered: 04/10/2012)
Notice of Correction re [FORMER DOCUMENT 33] Affidavit and [FORMER DOCUMENT 34] Notice: Clerk notified Counsel that the Affidavit was removed because it was filed using incorrect ECF event. Counsel to refile using Summons Returned Executed event. The Notice was removed because it was a Certificate of Service. The filing of the Summons Returned Executed will notify the parties. No certificate of service is necessary. (mtw) (Entered: 04/11/2012)
36 SUMMONS Returned Executed as to Defendant Brittany Sisko. Brittany Sisko served on 4/6/2012, answer due 4/27/2012. (Walters, Ryan) (Entered: 04/11/2012)
Notation Order: On April 10, 2012, this Court ordered Plaintiffs to Show Cause as to compliance with the Court's Order to complete service of process on Defendant Brittany Sisko by April 9, 2012. Plaintiffs have since filed an executed summons (Doc. 36 ) demonstrating that Defendant Sisko was served on April 6, 2012. Accordingly, the Show Cause Order (Doc. 32 ) is VACATED. IT IS SO ORDERED by Judge Timothy S. Black on 4/11/12. (mr1) (Entered: 04/11/2012)
NOTICE of Hearing: Pursuant to S.D. Ohio Civ. R. 37.1, an Informal Discovery Conference by telephone is set for 4/13/2012 at 1:45 p.m. before Judge Timothy S. Black. Counsel shall call 1−888−684−8852 and use the following codes: Access Code: 8411435; Security Code: 123456, and wait on the line for the Court to join the conference. Additionally, counsel shall email a short 1−2 page explanation of the dispute to black_chambers@ohsd.uscourts.gov by 10:00 a.m. tomorrow. (mr1) (Entered: 04/12/2012)

Case: 1:12-cv-155 As of: 01/05/2013 09:13 AM EST 8 of 13

04/13/2012 04/27/2012 04/27/2012 04/27/2012 04/27/2012
04/27/2012 04/27/2012 04/27/2012 04/27/2012
04/27/2012
04/30/2012 05/01/2012 05/01/2012

NOTICE: Pursuant to notice of the parties, the Informal Discovery Conference by telephone set for 4/13/2012 is VACATED. (mr1) (Entered: 04/13/2012)
37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Brittany Sisko. (Rabe, Lee Ann) (Entered: 04/27/2012)
38 *** FORMER DN 38 *** NOTICE of Appearance by Lee Ann Rabe for Defendant Brittany Sisko (Rabe, Lee Ann) Modified to edit text and remove PDF on 5/2/2012 (mr1). (Entered: 04/27/2012)
39 NOTICE of Appearance by Mia Meucci Yaniko for Defendant Brittany Sisko (Yaniko, Mia) (Entered: 04/27/2012)
Notation Order: Defendant Brittany Sisko's Motion to Dismiss for Failure to State a Claim (Doc. 37 ) is currently pending before the Court. In consideration of the 3/13/12 Calendar Order (Doc. 12 ), and in the interest of resolving Defendant's motion prior to the injunction hearing scheduled for 5/30/12, the parties shall brief the pending motion on an expedited schedule. Plaintiffs shall file their Response in Opposition by 5/10/12 and Defendant shall file her Reply by 5/17/12. IT IS SO ORDERED by Judge Timothy S. Black on 4/27/12. (mr1) (Entered: 04/27/2012)
Per 4/27/12 Notation Order: Set/Reset Deadlines as to 37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Responses due by 5/10/2012. Replies due by 5/17/2012. (mr1) (Entered: 04/27/2012)
40 NOTICE by Defendants Michael Cureton, Cathy Krumpelbeck, Corinn Shemak, Brittany Sisko, Gregory H Williams OF FILING THE DEPOSITION TRANSCRIPT OF CHRISTOPHER B. MORBITZER (Hurley, Brian) (Entered: 04/27/2012)
41 DEPOSITION of Christopher B. Morbitzer taken on April 3, 2012 by Defendants Michael Cureton, Cathy Krumpelbeck, Corinn Shemak, Brittany Sisko, Gregory H Williams. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit) (Hurley, Brian) (Entered: 04/27/2012)
42 RESPONSE in Opposition re 5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Defendants Michael Cureton, Cathy Krumpelbeck, Corinn Shemak, Brittany Sisko, Gregory H Williams. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit) (Hurley, Brian) Modified to edit the text for clarity on 5/1/2012 (mr1). (Entered: 04/27/2012)
43 MOTION for Partial Summary Judgment by Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty. Responses due by 5/21/2012 (Attachments: # 1 Exhibit Ex. A: Defendants' Answers to Morbitzer's Interrogatories, # 2 Exhibit Ex. B: Defendants' Responses to YAL's Requests for Admission, # 3 Exhibit Ex. C: MainStreet Student Event Guide, # 4 Exhibit Ex. D: Declaration of Christopher Morbitzer, # 5 Exhibit Ex. E: Defendants' Answers to YAL's Interrogatories) (Walters, Ryan) (Entered: 04/27/2012)
44 MOTION for Summary Judgment by Defendants Michael Cureton, Cathy Krumpelbeck, Corinn Shemak, Brittany Sisko, Gregory H Williams. Responses due by 5/24/2012 (Attachments: # 1 Exhibit) (Hurley, Brian) (Entered: 04/30/2012)
45 MOTION for Extension of Time to File Response/Reply as to 43 MOTION for Partial Summary Judgment New date requested 5/1/2012. Or in the Alternative to Strike Plaintiffs' Motion for Partial Summary Judgment by Defendants Michael Cureton, Cathy Krumpelbeck, Corinn Shemak, Brittany Sisko, Gregory H Williams. (Hurley, Brian) (Entered: 05/01/2012)
NOTATION ORDER: This civil case is before the Court on Plaintiffs' Motion for Partial Summary Judgement (Doc 43 ). Pursuant to this Court's standing order governing civil motions for summary judgment, movants are required to file a document entitled "Proposed Undisputed Facts" which sets forth in separately numbered paragraphs a concise statement of each material fact as to which the moving party contends there is no genuine issue to be tried. See http://www.ohsd.uscourts.gov/judges/fpblack.htm. No such document was included

Case: 1:12-cv-155 As of: 01/05/2013 09:13 AM EST 9 of 13

05/01/2012 05/02/2012 05/03/2012
05/07/2012 05/08/2012 05/08/2012 05/09/2012 05/10/2012 05/10/2012 05/10/2012 05/14/2012 05/14/2012 05/14/2012

with Plaintiffs' motion. Therefore, Plaintiffs shall file proposed undisputed facts on or before 5/2/12. All other dates in the Calendar Order (Doc. 12 ) remain unchanged. IT IS SO ORDERED by Judge Timothy S. Black on 5/1/12. (mr1) (Entered: 05/01/2012)
46 NOTICE OF FILING OF PROPOSED UNDISPUTED FACTS AS "EXHIBIT F" re 43 MOTION for Partial Summary Judgment by Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty (Attachments: # 1 Exhibit F: Statement of Proposed Undisputed Facts) (Walters, Ryan) Modified to edit text for clarity on 5/2/2012 (mr1). (Entered: 05/01/2012)
Notice of Correction re: FORMER DOC 38 Notice of Appearance. PDF removed. Counsel filed duplicate pleadings at entries 38 and 39 Notice of Appearance. By filing Doc. 37 Motion to Dismiss for Failure to State a Claim, Attorney Lee Ann Rabe established her name on the docket as counsel for Ms Sisko, in her individual capacity. No further action is required. (mr1) (Entered: 05/02/2012)
Notation Order: Defendants' Motion for Extension of Time to File a Response or, in the Alternative, to Strike Plaintiffs' Motion for Partial Summary Judgment (Doc. 45 ) is currently pending before the Court. On 5/1/12, Plaintiffs filed their proposed statement of undisputed facts as required by this Court's standing order. In light of that filing and the Court's notation order of 5/1/12, Defendants' motion is denied as moot. IT SO ORDERED by Judge Timothy S. Black on 5/3/12. (mr1) (Entered: 05/03/2012)
47 MOTION for Leave to File Second Amended Complaint by Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty. (Attachments: # 1 Exhibit Second Amended Verified Complaint) (Walters, Ryan) (Entered: 05/07/2012)
Given the Court's Calendar Order of 3/13/12 and the Rule 15 requirement that leave to amend shall be freely granted when justice so requires, Defendants shall file their memo contra Plaintiffs' Motion for Leave to Amend (Doc. 47 ) by May 11, 2012. IT IS SO ORDERED by Judge Timothy S. Black on 5/8/12. (mr1) (Entered: 05/08/2012)
Per Notation Order dated 5/8/12 − Set Deadlines as to 47 MOTION for Leave to File Second Amended Complaint. Memo contra due by 5/11/2012. (mr1) (Entered: 05/08/2012)
48 MOTION for Extension of Time New date requested 5/14/2012. TO RESPOND TO THE PLAINTIFFS' MOTION TO FILE SECOND AMENDED COMPLAINT by Defendant University of Cincinnati. (Gehring, Robert) (Entered: 05/09/2012)
Notation Order: This matter is before the Court on Defendants' Motion for Extension of Time (Doc. 48 ). For good cause shown, the motion is GRANTED. Defendants shall file their response on or before 5/14/12. IT IS SO ORDERED by Judge Timothy S. Black on 5/10/12. (mr1) (Entered: 05/10/2012)
Per 5/10/12 Notation Order − Set/Reset Deadlines as to 47 MOTION for Leave to File Second Amended Complaint. Responses due by 5/14/2012. (mr1) (Entered: 05/10/2012)
49 RESPONSE in Opposition re 37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty. (Walters, Ryan) (Entered: 05/10/2012)
50 MOTION to Vacate March 13, 2012 Calendar Order by Defendant Brittany Sisko. (Rabe, Lee Ann) (Entered: 05/14/2012)
51 RESPONSE in Opposition re 47 MOTION for Leave to File Second Amended Complaint filed by Defendants Michael Cureton, Cathy Krumpelbeck, Corinn Shemak, Brittany Sisko, Gregory H Williams. (Hurley, Brian) (Entered: 05/14/2012)
52 RESPONSE in Opposition re 50 MOTION to Vacate March 13, 2012 Calendar Order filed by Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter

Case: 1:12-cv-155 As of: 01/05/2013 09:13 AM EST 10 of 13

05/17/2012 05/17/2012
05/17/2012 05/17/2012 05/18/2012 05/18/2012
05/22/2012 05/22/2012
05/23/2012 05/23/2012 05/25/2012 05/29/2012 05/29/2012

of Young Americans for Liberty. (Walters, Ryan) (Entered: 05/14/2012)
53 REPLY to Response to Motion re 37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendant Brittany Sisko. (Rabe, Lee Ann) (Entered: 05/17/2012)
54 RESPONSE in Opposition re 43 MOTION for Partial Summary Judgment of Plaintiffs filed by Defendants Michael Cureton, Cathy Krumpelbeck, Corinn Shemak, Brittany Sisko, Gregory H Williams. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Affidavit, # 4 Affidavit, # 5 Affidavit, # 6 Affidavit, # 7 Exhibit) (Hurley, Brian) (Entered: 05/17/2012)
55 NOTICE by Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty re 47 MOTION for Leave to File Second Amended Complaint Verification by Christopher Morbitzer (Walters, Ryan) (Entered: 05/17/2012)
56 RESPONSE in Opposition re 44 MOTION for Summary Judgment filed by Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty. (Walters, Ryan) (Entered: 05/17/2012)
57 NOTICE by Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty re 56 Response in Opposition to Motion Responses to Defendants' Proposed Undisputed Facts (Attachments: # 1 Certificate of Service) (Walters, Ryan) (Entered: 05/18/2012)
58 ORDER − Defendant Brittany Sisko's Motion to Vacate (Doc. 50 ) is GRANTED in PART. The Calendar Order (Doc. 12 ) is VACATED. The Court hereby sets ORAL ARGUMENT (only) on all pending motions on 5/30/12 at 10:30 a.m. in Cincinnati Courtroom #3. Signed by Judge Timothy S. Black on 5/18/12. (mr1) (Entered: 05/18/2012)
NOTICE of Hearing: Oral Argument set for 5/30/2012 at 10:30 a.m. will now be held in Cincinnati Courtroom 4, Room 842 before Judge Timothy S. Black. (mr1) (Entered: 05/22/2012)
59 NOTICE by Defendant University of Cincinnati re 54 Response in Opposition to Motion, Notice of Filing of Supplemental Affidavit of Mary Beth McGrew in Opposition to Plaintiffs Motion for Partial Summary Judgment (Attachments: # 1 Affidavit Affidavit of Mary Beth McGrew (Exhibit 1 Attached)) (Gehring, Robert) (Entered: 05/22/2012)
60 REPLY to Response to Motion re 44 MOTION for Summary Judgment and in support of Motion for Summary Judgment filed by Defendants Michael Cureton, Cathy Krumpelbeck, Corinn Shemak, Brittany Sisko, Gregory H Williams. (Attachments: # 1 Exhibit) (Hurley, Brian) (Entered: 05/23/2012)
61 REPLY to Response to Motion re 43 MOTION for Partial Summary Judgment filed by Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty. (Walters, Ryan) (Entered: 05/23/2012)
62 MOTION for Leave to File TO USE AND INTRODUCE ATTACHED EXHIBIT AT HEARING by Defendant University of Cincinnati. (Attachments: # 1 Affidavit Affidavit of Jeffrey Weimer (Exhibit 1 Attached)) (Gehring, Robert) (Entered: 05/25/2012)
63 MOTION for Leave to File And Introduce At Hearing Attached Exhibits by Defendants Michael Cureton, Cathy Krumpelbeck, Corinn Shemak, Brittany Sisko, Gregory H Williams. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit) (Hurley, Brian) (Entered: 05/29/2012)
64 NOTICE by Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty re 56 Response in Opposition to Motion, 61 Reply to Response to Motion, 43 MOTION for Partial Summary Judgment Notice of Filing of Supplemental Declaration of Paul Johnson (Attachments: # 1 Affidavit Declaration of Paul Johnson, # 2 Exhibit May 3 email) (Walters, Ryan) (Entered: 05/29/2012)

Case: 1:12-cv-155 As of: 01/05/2013 09:13 AM EST 11 of 13

05/30/2012 05/30/2012
06/12/2012 06/12/2012 06/12/2012 06/12/2012 06/12/2012 06/19/2012 06/20/2012
06/21/2012 06/22/2012 06/25/2012

Notation Order: This case is before the Court on Defendants' Motion for Leave to Use and Introduce the Attached Exhibit (Doc. 62 ) at the scheduled oral argument on Wednesday, May 30, 2012. For good cause shown, the Motion is GRANTED. IT IS SO ORDERED by Judge Timothy S. Black on 5/30/12. (mr1) (Entered: 05/30/2012)
Minute Entry: This case came before the Court for oral argument on all pending motions on 5/30/12 at 10:30 a.m. Attorneys attending included: Maurice Thompson and Curt Hartman for the Plaintiffs; Brian Hurley and Robert Gehring for the Defendants being sued in their official capacity; and Lee Ann Rabe and Mia Yaniko for Defendant Sisko. University of Cincinnati Assistant General Counsel Douglas Nienaber and Senior Associate Vice President, Campus Services Steven Sayers, were also present. Arguments were presented to the Court. (Court Reporter Jodie Perkins (Official).) (mr1) (Entered: 05/30/2012)
65 ORDER GRANTING IN PART PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION,ENJOINING ENFORCEMENT OF CERTAIN NOTICE AND LOCATION REQUIREMENTS OF THE UNIVERSITY OF CINCINNATI'S FREE SPEECH POLICIES AS APPLIED TO STUDENTS. Signed by Judge Timothy S. Black on 6/12/12. (mr1) (Entered: 06/12/2012)
66 ORDER GRANTING PLAINTIFFS' MOTION FOR LEAVE TO FILE THE SECOND AMENDED COMPLAINT (DOC. 47 ). Signed by Judge Timothy S. Black on 6/12/12. (mr1) (Entered: 06/12/2012)
67 ORDER DENYING AS MOOT DEFENDANT BRITTANY SISKO'S MOTION TO DISMISS (DOC. 37 ) ANDPLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT (DOC. 43 ). Signed by Judge Timothy S. Black on 6/12/12. (mr1) (Entered: 06/12/2012)
68 ORDER: All parties shall meet and confer within 10 days of the date of this Order and jointly propose to the Court a new Calendar Order. The parties shall submit their proposed Calendar Order via email to black_chambers@ohsd.uscourts.gov. Signed by Judge Timothy S. Black on 6/12/12. (mr1) (Entered: 06/12/2012)
69 AMENDED COMPLAINT Second Amended Verified Complaint against All Defendants, filed by Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty. (Attachments: # 1 Affidavit Verification of Christopher Morbitzer, # 2 Certificate of Service) (Walters, Ryan) (Entered: 06/12/2012)
70 MOTION for Extension of Time New date requested 7/10/2012. for Responsive Pleading and For Entry of a New Scheduling Order by Defendant Brittany Sisko. (Rabe, Lee Ann) (Entered: 06/19/2012)
Notation Order: This matter is before the Court on Defendant Brittany Sisko's Motion for an Extension of Time (Doc. 70 ). In consideration of the approaching deadline to file a responsive pleading, Plaintiff shall file its Response in Opposition to Defendant Sisko's Motion, if any, by 6/22/12. The Court also notes that it will not grant any extension to its previous order that the parties submit by email to chambers a proposed calendar order by 6/22/12. If the parties are unable to reach an agreement on a proposed calendar, they shall each present a separate proposed calendar by 6/22/12. IT IS SO ORDERED by Judge Timothy S. Black on 6/20/12. (mr1) (Entered: 06/20/2012)
71 MOTION for Permanent Injunction MOTION TO CONVERT THIS COURTS JUNE 12, 2012 PRELIMINARY INJUNCTION TO A PERMANENT INJUNCTION AGAINST STATE DEFENDANTS by Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty. Responses due by 7/16/2012 (Walters, Ryan) (Entered: 06/21/2012)
72 RESPONSE in Opposition re 70 MOTION for Extension of Time New date requested 7/10/2012. for Responsive Pleading and For Entry of a New Scheduling Order filed by Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty. (Walters, Ryan) (Entered: 06/22/2012)
73 CALENDAR ORDER: Defendant Sisko's Motion for Extension of Time (Doc. 70 ) is GRANTED IN PART and the Court hereby enters the following Calendar Order:

Case: 1:12-cv-155 As of: 01/05/2013 09:13 AM EST 12 of 13

06/27/2012 06/27/2012 06/29/2012 07/06/2012 07/06/2012 07/06/2012 07/06/2012 07/12/2012
07/12/2012 07/19/2012
07/20/2012 07/25/2012 08/22/2012 08/22/2012

Defendants' Answers and responsive pleadings to the Second Amended Complaint: 7/6/2012; Defendants' Response in Opposition to Plaintiffs' Motion for a Permanent Injunction: 7/12/12; Plaintiffs' Reply in support of the Motion for a Permanent Injunction: 7/19/2012; Plaintiffs' Response in opposition to any Motion to Dismiss: 7/20/2012; Reply in support of any Motion to dismiss: 7/27/2012. Signed by Judge Timothy S. Black on 6/25/12. (mr1) (Entered: 06/25/2012)
74 ORDER − The Court concludes that no bond is appropriate in this case. Signed by Judge Timothy S. Black on 6/27/12. (mr1) (Entered: 06/27/2012)
75 Joint MOTION Mediation and Related Relief by Defendants Michael Cureton, John Doe, Cathy Krumpelbeck, Corinn Shemak, Brittany Sisko, University of Cincinnati, Gregory H Williams. (Hurley, Brian) (Entered: 06/27/2012)
76 ORDER − The Court sua sponte orders Plaintiffs to respond to Defendants' second set of interrogatories no later than July 5, 2012, one week before Defendants; memorandum in opposition is due. Signed by Judge Timothy S. Black on 6/28/12. (mr1) (Entered: 06/29/2012)
77 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Qualified Immunity by Defendant Brittany Sisko. (Rabe, Lee Ann) (Entered: 07/06/2012)
78 NOTICE of Appearance by Todd Robert Marti for Defendants Williams, Shemak, Krumplebeck and Cureton (Marti, Todd) Modified to include all party names on 7/10/2012 (mr1). (Entered: 07/06/2012)
79 RESPONSE in Opposition re 75 Joint MOTION Mediation and Related Relief filed by Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty. (Walters, Ryan) (Entered: 07/06/2012)
80 Defendants' ANSWER to 69 Amended Complaint, filed by Michael Cureton, Cathy Krumpelbeck, Corinn Shemak, Brittany Sisko, Gregory H Williams. (Hurley, Brian) (Entered: 07/06/2012)
81 RESPONSE to Motion re 71 MOTION for Permanent Injunction MOTION TO CONVERT THIS COURTS JUNE 12, 2012 PRELIMINARY INJUNCTION TO A PERMANENT INJUNCTION AGAINST STATE DEFENDANTS filed by Defendants Michael Cureton, Cathy Krumpelbeck, Corinn Shemak, Brittany Sisko, Gregory H Williams. (Hurley, Brian) (Entered: 07/12/2012)
82 REPLY to Response to Motion re 75 Joint MOTION Mediation and Related Relief filed by Defendants Michael Cureton, Cathy Krumpelbeck, Corinn Shemak, Brittany Sisko, Gregory H Williams. (Hurley, Brian) (Entered: 07/12/2012)
83 REPLY to Response to Motion re 71 MOTION for Permanent Injunction MOTION TO CONVERT THIS COURTS JUNE 12, 2012 PRELIMINARY INJUNCTION TO A PERMANENT INJUNCTION AGAINST STATE DEFENDANTS filed by Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty. (Walters, Ryan) (Entered: 07/19/2012)
84 RESPONSE in Opposition re 77 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Qualified Immunity filed by Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty. (Walters, Ryan) (Entered: 07/20/2012)
85 REPLY to Response to Motion re 77 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Qualified Immunity filed by Defendant Brittany Sisko. (Rabe, Lee Ann) (Entered: 07/25/2012)
86 ORDER GRANTING DEFENDANT BRITTANY SISKO'S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Doc. 77 ). Signed by Judge Timothy S. Black on 8/22/12. (mr1) (Entered: 08/22/2012)
87 ORDER GRANTING PLAINTIFFS' MOTION TO CONVERT THE PRELIMINARY INJUNCTION INTO A PERMANENT INJUNCTION (DOC. 71 ). Signed by Judge Timothy S. Black on 8/22/12. (mr1) (Entered: 08/22/2012)

Case: 1:12-cv-155 As of: 01/05/2013 09:13 AM EST 13 of 13

08/22/2012 08/30/2012
08/31/2012 10/01/2012

88 FINAL JUDGMENT OF PERMANENT INJUNCTION. Signed by Judge Timothy S. Black on 8/22/12. (mr1) (Entered: 08/22/2012)
89 Joint MOTION for Extension of Time to File New date requested 10/5/2012. for Plaintiffs to file any motion for attorney fees and new date request 10/19//2012 for Defendants to file any notice of appeal by Defendants Michael Cureton, John Doe, Cathy Krumpelbeck, Corinn Shemak, Brittany Sisko, University of Cincinnati, Gregory H Williams, Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty. (Hartman, Curt) (Entered: 08/30/2012)
90 ORDER granting Joint Motion to Extend Time (Doc. 89 ). Plaintiffs shall file any motion for attorneys' fees on or before October 5, 2012. The Official Capacity Defendants may file any notice of appeal on or before October 19, 2012. Signed by Judge Timothy S. Black on 8/31/2012. (mr1) (Entered: 08/31/2012)
91 STIPULATION of Dismissal With Prejudice by Defendants Michael Cureton, Cathy Krumpelbeck, Corinn Shemak, Brittany Sisko, Gregory H Williams, Plaintiffs Christopher Morbitzer, University of Cincinnati Chapter of Young Americans for Liberty. (Hurley, Brian) (Entered: 10/01/2012)