Temporary Structures – Ram Handbook

Overview
This Operating Procedure is intended to facilitate implementation of University authorized activities that involve the establishment of temporary structures on Commonwealth of MA properties operated by Framingham State University (FSU).
While temporary structures do not necessarily express thoughts or opinions, in many cases their purpose is to represent particular viewpoints symbolically. As an educational institution, FSU is committed to sustaining an atmosphere of free expression and open dialogue. Our commitment to free expression, however, must be balanced with other concerns as well, such as the safety of our students and employees; the condition and appearance of our campus; and the prudent use of our financial and human resources.

Applicability of the Procedure
This Policy applies to all University students, faculty, staff, and officers; University academic and administrative units; University-recognized and University-affiliated groups and organizations and their members; and members of the public, including external entities, who have been authorized to place a temporary structure on campus.
Definitions
Temporary Structure: In general, a temporary structure is a physical modification to University grounds or facilities intended to be in place for a short period of time, regardless of the purpose of or motivation for the modification. Excluded from these guidelines are temporary structures placed by the University or University contractors for purposes related to their contracts. Examples of temporary structures without limitation include tents, shanties, or other forms of temporary shelter or housing; seasonal religious, political, or artistic displays; plantings; storage containers; and other objects, whether or not symbolically expressive or artistic in content.

Procedures
Requests for scheduling of temporary structures should initially be discussed with the Director of Facilities or his/her designee, who are responsible for interpreting this operating procedure in light of the request. Before finalizing or granting permission for the installation of a temporary structure, the Vice President of Administration and Finance shall be consulted and must give final approval.

Rules
1. Placement of temporary structures in or on University property is a use that must be part of an activity approved through an FSU authorizing office. For student activities: Campus Engagement; for employee activities: Human Resources; for external organizations: Campus Events.
2. Subsequent to the activity’s approval, temporary structures that receive a permit for placement will customarily be allowed in areas specially designated for such purposes, i.e.,
• Crocker Grove
• Larned Beach
• Hemenway Front Lawn
• Crocker Front Lawn
• McCarthy Front Patio
• Other areas if approved under certain limited circumstances
3. Temporary structures may not contain or communicate, in form or signage, expression or speech that is not legally protected, such as “fighting words”, defamation, or obscenity.
4. Permits typically will contain provisions addressing structure size, height, area covered, and construction materials. Permits will require the applicant to maintain the structure and the immediate surrounding area in such manner as will leave the area free from trash, litter, and other materials. Permits also may contain other specifications designed to protect public safety, allow reasonable operation and use of University buildings or grounds, and preserve the aesthetic appearance of University grounds.
5. The duration of display of any temporary structure will normally not exceed one week.
6. Due to safety and security concerns, overnight occupancy of a temporary structure will not be permitted, from 8pm to 8am. A period of at least three days must elapse between the removal of a temporary structure and the installation of another at the same location.
7. Any limiting restrictions imposed by municipal ordinances or other local, state, or federal law or regulations will apply.
8. Permit conditions will include agreement by the applicant to remove the structure at the designated time and pay for any damage the structure may cause to the site on which it is erected; to pay the cost of removal of the structure if it is not removed at the end of the authorized time; and to hold FSU harmless for any damage to the structure, whatever the cause.
9. The presence of temporary structures is only permitted during times when members of the sponsoring entity are available to care for the structure or address problems that may arise.
10. At the University’s discretion, requests may be denied if they interfere with a University event or its preparation, disrupts landscaping or other work (e.g., re-sodding, prep for Commencement, etc.), or is otherwise deemed disruptive or a safety risk.
11. Temporary structures should be clearly marked with information identifying the sponsor(s), including contact information, in order to facilitate communication and indicate that the structure does not represent the views or opinions of Framingham State University.
12. Unauthorized placement of structures, whether temporary or otherwise, constitutes a trespass that violates University policy and may also violate state or local law. Possible University sanctions appear in the Student Code of Conduct and established labor agreements. Installations may be removed prior to the permit expiration date if a violation of the permit, University policy, or federal, state or local law occurs.

Workflow Approval
Dependent upon the type of group/individual proposing the activity including a temporary structure, upon receipt of approval from the designated authority (see Rules 1. above), approval of the siting and requirements for the temporary structure will be reviewed and permitted by Vice President of Administration and Finance in advance of the establishment of the proposed temporary structure.

Contacts
Questions concerning the daily operational interpretation of this policy should be directed to the following:

Campus Events – asendzik@framingham.edu; 508-626-4092
Campus Engagement – rspezia@framingham.edu; 508-626-4617
Office of the Provost – kporterutley@framingham.edu; 508-626-4634
Human Resources – kdexter@framingham.edu; 508-626-4530
General Counsel – amcdonald3@framingham.edu; 508-626-4529
Office of Facilities and Capital Planning – lgreen@framingham.edu; 508-626-4590