AD 6 Free Speech Policy

POLICY STATEMENT

Nevada State College is committed to assuring that all people may exercise the constitutionally-protected rights of free expression, speech, assembly and worship.

The time, place, and manner of exercising speech and advocacy on campus are subject to campus procedures, which shall provide for noninterference with College functions. Additionally, campus procedures shall provide reasonable protection to people against practices that would place them in reasonable fear, as determined by the College, for their personal safety.

DEFINITIONS

Amplification: Sound is produced or made louder by any electric, electronic, mechanical, or motor-powered means.

Distribution: Dissemination of printed materials, including papers, signs, posters, and banners of any type on Nevada State College property.

Event (also known as a Special Event): Any activity, occasion, reception, performance, special meal, conference, training, meeting, or any combination thereof that does not appear in a published class schedule. Appointments and classes are excluded. All events, activities, and meetings scheduled by external organizations must be scheduled using the Facilities Use Agreement.
An event may take place at a venue off-campus as well.

Grounds Open to the Public: Outdoor areas of the campus (e.g. lawns, patios, plazas) that are at least twenty (20) feet from the entrances/exits of campus buildings and parking lots, that do not restrict movement on campus walkways, and that are also a safe distance from the curbs of campus roads.

Manner: Manner-based limitations are those which regulate the mode of individual expression.

Place: Place-based limitations are those which regulate where individuals may express themselves.

Posting: Placement, affixing, or posting of printed materials, including papers, signs, posters, and banners of any type on Nevada State College property.

Tabling: Use of one or more tables to promote an organization and advertise organizational or departmental Events at a College-sponsored Event. Tabling may not be used to promote local businesses, for fundraising activities (except for fundraising activities conducted by Nevada State College), or for outside organizations unless the organization is co-sponsored by an academic department, administrative office, or officially recognized student organization for the activity involved. In co-sponsorship situations, the academic department, administrative office, or officially recognized student organization must submit the Tabling request for the Event they are co-sponsoring.

Time: Time-based limitations are those which regulate when individuals may express themselves.

PROCEDURES

I.              Speech and Advocacy

The College has an obligation to protect free inquiry and free expression. On College grounds open generally to the public, all individuals may exercise the constitutionally-protected rights of free expression, speech and assembly. Such activities must not unreasonably interfere with the right to the College to conduct its affairs in an orderly manner and to maintain its property, nor may they interfere with the College’s obligation to protect the rights of all to teach, study, and fully exchange ideas. Physical force, the threat of force, or other coercive actions used to subject anyone to a speech of any kind is expressly forbidden.

This policy in no way constitutes a prohibition on the right to express ideas and views expressed by individuals on College grounds.

II.              Time, Place, and Manner Standards

A person’s exercise of constitutional rights, including free speech and advocacy, may not unreasonably hinder orderly behavior, the normal conduct of College affairs, or safety. The College must be able to ensure safety, security, and order, prevent unlawful conduct, preserve architectural aesthetics, and limit the volume of solicitations in public areas. The College may subject all speech and conduct in public areas to reasonable Time, Place, and Manner regulations as long as the regulations are content-neutral, narrowly tailored to serve a significant functional end, and leave open ample alternative channels of communication. Time, Place, and Manner standards for exercising free speech and advocacy shall not be based on the content of the speech.

III.             College Grounds

The College grounds are open to the public except those locations where such activity would significantly interfere with and/or disrupt College business (e.g. immediately adjacent to classrooms, where teaching and learning would be disrupted, or narrow walkways or corridors where the free flow of foot-traffic would be impeded).

All activity in Grounds Open to the Public, as defined in this policy, must be conducted in such a way that traffic is not impeded and normal activity in classrooms and offices is not disrupted.

IV.             Reservations for Areas Available for Public Gatherings

Non-College individuals are permitted to speak in areas of the campus Grounds Open to the Public without invitation. Certain specific areas and properties available for public meetings and gatherings may be reserved. Though not required, reservations are strongly encouraged in order to ensure that a location is available for outdoor assembly at a specific date and time. The College may change the locations available for reservations in accordance with reasonable Time, Place, and Manner restrictions.

V.              Amplification

Except for College events, Amplification is not allowed on College grounds.

VI.           Posting

A. Posting of any non-College related material or commercial material on College grounds is expressly prohibited.

B. Anyone in the College community wishing to Post materials on campus must contact the Nevada State Student Alliance. Decisions regarding the permissibility of Posting will not be made on the basis of content, with the exception of materials that contain illegal content or that violate the College’s or NSHE’s policies. Examples of impermissible content include materials that are obscene, that convey an imminent threat of physical harm to specific individuals, that disclose confidential information without appropriate authorization, that include content so severe and pervasive and objectionably offensive that it effectively creates a hostile environment, or that contain copyrighted images or content.

C. Permission may be granted to Post materials, on a space-available basis, to announce activities and Events.

D. All materials must advertise, promote, or relate to College activities and programs and must clearly designate the sponsoring organization.

E. Material may be authorized for Posting only on bulletin boards located outside classrooms. Any material Posted in unauthorized locations or without stamped approval is subject to removal.

F. Material may be Posted on designated bulletin boards only. Material may not be Posted on doors, windows, painted surfaces, classrooms, sidewalks, fences, trash receptacles, light poles, trees, or reserved bulletin boards. Sponsors are responsible for the removal of their material after the expiration date or once the material becomes obsolete. The Dean of Students (or designee) may grant exceptions to these restrictions.

G. Materials may be removed by any member of College staff if they are obsolete or if they are found to be in violation of any state or federal law or other applicable College or NSHE policies.

H. The number and size of posters any one organization may Post is subject to limitation.

VII.         Distribution

A. Materials may be Distributed only on Grounds Open to the Public.

B. Written material of any kind is not to be Distributed in parking areas. Such Distribution of materials on the windshields of cars or any locations that results in littering may be considered by the College as a violation of the littering law and the Distributor and/or company or organization responsible for the Distribution may be subject to a fine as determined by campus policy.

C. All materials must clearly designate the sponsoring organization.

VIII.        Tabling

A. Tabling is limited to student organizations, College schools and departments, and invited guests. Invited guests are those individuals, organizations, and companies who respond to and participate in a College-sponsored Tabling Event.

B. Tables may be set up in authorized areas. Requests must be submitted to the Marketing and Events Department. Tables may not be scheduled for periods longer than the College-sponsored Tabling Event. Tables and the Distribution of materials must not obstruct or delay traffic. Organizations Distributing materials will be asked to keep noise at a level that does not interfere with or interrupt classroom instruction.

C. External tables must be staffed at all times and a placard identifying the organization must be displayed. Tablers may not wander from the reserved space and/or actively solicit customers.

D. Rates will be assessed according to the current fee structure.

E. Completion of the Facilities Use Agreement for Tabling.

F. Request for space must be made at least fifteen (15) Working Days prior to the planned Event.

IX.           Events and Space Requests

Campus Facilities exist to provide the spaces in which the College’s primary mission can be carried out. Therefore, Event space requests are limited to student organizations, College schools and departments, and invited guests, and any activity occurring in a campus facility must be an appropriate use of that facility. At all times, Nevada State College maintains the right:

  • to scrutinize all utilization of space;
  • to determine what constitutes appropriate use according to content-and-viewpoint-neutral criteria;
  • to deny use if there is no logical link to the College’s educational mission;
  • to assess a use fee and/or other charges for services and equipment according to content-and viewpoint-neutral criteria;
  • to retroactively assess use fees for Special Events which purported to be something completely different in the original description and which necessitate further planning and coordination on the part of the College.

X.            Policy Violations

A. Students who violate this policy are subject to the Student Code of Conduct.

B. Employees who violate this policy will be referred to Human Resources for possible disciplinary action.

C. Third parties who violate this policy will be referred to the appropriate authority on a case-by-case basis.

FORMS/INSTRUCTIONS

Facilities Use Agreement

ADDITIONAL CONTACTS

Office of Student Life
Phil LaMotte, Director
702-992-2193
studentlife@nsc.edu

RELATED INFORMATION

NSHE Freedom of Expression: Aspirational Statement of Values 

APPROVALS

APPROVALS

Approved by Dr. Serge Ballif, Faculty Senate Chair, May 8, 2020.
Approved by Provost Dr. Vickie Shields, May 15, 2020.
Approved by President Bart Patterson, June 10, 2020.

AD 5 Foundation Board and Employee Protection (Whistleblower) Policy

POLICY STATEMENT

The purpose of this policy is to establish procedures for receipt and handling of complaints alleging that some policy, practice, or activity of  the Nevada State College Foundation (NSCF) is in violation of law or constitutes misuse of NSCF resources. 

It is the intent of NSCF to adhere to all laws and regulations that apply to the Foundation and the underlying purpose of this policy is to support the organization’s goal of legal compliance. The support of all Board members and/or employees is necessary to achieving compliance with various federal, state and local laws and regulations. A Board member and/or employee is protected from retaliation only if the Board member and/or employee brings the alleged unlawful activity, policy, or practice to the attention of NSCF and provides it with a reasonable opportunity to investigate and correct the alleged unlawful activity. The protection described below is only available to Board members and /or employees who comply with this requirement. 

PROCEDURE

If any Board member and/or employee reasonably believes that some policy, practice, or activity of the NSCF is in violation of law, a written complaint must be filed by that Board member and/or employee directly with the Board Chair or to the President of the College. The written complaint must set forth in detail the policy, practice, or activity alleged to be in violation of law.   

I. No Retaliation 

NSCF will not retaliate against a Board member or an employee who, in good faith, has filed a complaint against some policy, practice, or activity of NSCF, or of another individual or entity with whom NSCF has a business relationship, on the basis of a reasonable belief that the policy, practice, or activity is in violation of law 

NSCF also will not retaliate against a Board member or employee who discloses or threatens to disclose to the Chair and/or a supervisor and/or a public body any activity, policy, or practice of NSCF that the employee reasonably believes is in violation of law, rule, or regulation.  

APPROVALS

Approved June 2009.
Updated December 2009.
Reviewed July 2011.
Reviewed September 2013.
Reviewed September 2015.

AD 4 Gift Acceptance and Solicitation Coordination Policy

STATEMENT OF PURPOSE

The Nevada State College Foundation Board of Trustees (the Board) as well as members of Nevada State College (the College) solicit current and deferred Gifts from individuals, corporations, organizations, and foundations to secure the future growth and mission of the College. These policies and guidelines govern the acceptance of Gifts by the Nevada State College Foundation (the Foundation) and provide guidance to prospective donors and their advisors when making Gifts. The provisions of these policies shall apply to all Gifts received by the Foundation on behalf of the College for any of its programs or services. In addition, this policy helps to ensure that the process of acceptance, management, and reporting of Gifts is in compliance with external regulations and standards, Nevada System of Higher Education (NSHE) policy, and the College’s fiduciary obligations to donors.

DEFINITIONS

Anonymous Gift: Gift where the donor chooses to give but not be publicly recognized for the Gift. The Foundation will keep any request of this kind anonymous per Title 2, Chapter 9 of the Nevada System of Higher Education Handbook.

Designated Gift: Gift in which the designation may be added and/or removed at the discretion of the donor and/or upon the recommendation of the President of Nevada State College, if so designated by the donor. The specific designations will be outlined by the Foundation, typically in an agreement called the Foundation Fund Agreement. From an accounting point of view, the Gift is either Temporarily Restricted and/or an Unrestricted Gift.

Foundation Fund Agreement: Document in which the donor and the Foundation agree upon the designation of the Gift.

Endowment: Long-term investment in the College that provides benefits to students, faculty, or programs year after year, generation after generation. An Endowed Gift offers donors the opportunity to have their name or the name of a loved one linked to an area of the College in which they have a special interest. Endowments can be Unrestricted to provide maximum flexibility for the needs and challenges of the future or they can be Restricted to a purpose such as a scholarship, faculty support, or toward a particular area or program.

Fundraising: Process of gathering voluntary contributions of money or other resources by requesting donations from individuals, businesses, charitable foundations, and other organizations.

Gift: Any transfer of personal or Real Property made to Nevada State College or the Nevada State College Foundation, in which no goods or services are expected, implied, or forthcoming for the donor. Gifts are made voluntarily and without consideration by an individual, corporation, foundation, organization, or other non-governmental entity. Although the following Gifts may not be tax-deductible, they are covered by this policy:

  • Gifts of Service: Examples include meals at a donor-owned restaurant or hotel stay.
  • Partial Interest Gift: Examples include use of donor-owned home and use of donor-owned equipment

In-Kind Gift: Gift in goods and/or services, not in money, such as a contribution of equipment, supplies, art, Real Property, and time. The Nevada State College Foundation must book at the fair market value and will comply with IRS regulations, standards, and codes on all appraisal requirements. The donor may place monetary value on such a contribution for the donor’s tax purposes, and must be able to substantiate such value in accordance with the IRS standards and codes. The donor’s value may be independent of the Foundation’s fair market value.

Intangible Personal Property: Includes such items as stocks, bonds, mutual fund shares, partnerships, copyrights, patents, and royalties.

Permanently Restricted Gift: May be a Temporarily Restricted Endowment or a permanent Endowment. The interest income from this type of Gift becomes Unrestricted or Temporarily Restricted according to the donor’s original instructions.

Real Property: Land and anything growing on, attached to, or erected on it, excluding anything that may be severed without injury to the land. This includes real estate (land and houses) and forms of commercial property (real estate zoned for business or industrial use).

Restricted Gift: Gift in which the use is restricted by the donor. From an accounting point of view, the Gift is either a Temporarily Restricted Gift and/or a Permanently Restricted Gift.

Tangible Personal Property: Includes items such as books, artwork, boats, sports equipment, and computer hardware.

Temporarily Restricted Gift: Gift temporarily restricted for a particular purpose; expenditures occur when an expense request meets the restricted guidelines. All interest income from these funds becomes Unrestricted income with input from the donor, President, and Foundation Board.

Quid-Pro-Quo: Exchange of goods or services, where one transfer is contingent upon the other.

Unrestricted Gift: Gift made without any restriction or designation; distribution is determined annually by the Foundation Board of Trustees, with advice and recommendations from the President of Nevada State College.

POLICY

Nevada State College encourages the solicitation and acceptance of private Gifts from individuals, corporations, foundations, and associations which enable it to fulfill its mission. The Nevada State College Foundation is the primary Fundraising agency for the College and for accepting Gifts on behalf of the College. The Foundation is responsible for raising and managing all private Gifts to and for the College. Coordination with the Foundation is required prior to making a solicitation. Working with the Office of Institutional Advancement staff, the Foundation develops and manages a variety of programs designed to raise funds for Nevada State College.

Gifts may be given as outright Gifts of cash, securities, property, land, or other items of value. A Gift may be outright or deferred. A Gift may be Unrestricted, Temporarily Restricted, or Permanently Restricted. Gifts to the College may be either for the general purposes of the College or for the specific use of one of its constituent schools, departments, institutes, centers, programs, or agencies and will be processed through the Nevada State College Foundation. Gifts can also be used to sponsor or underwrite campus events or activities as long as they are qualified, meaning that no tangible benefits, such as meals, tickets, or other tangible items, or call to action of sponsors’ products, are offered to the donor.

Many private and corporate foundations and other grant-making institutions use the word “grant” and “gift” interchangeably. Sponsored projects, including grants, normally come from governmental sources, are legally enforceable, require outcomes, and many times those outcomes are owned by the donor or have similar Quid-Pro-Quo arrangements.

Gifts cannot be given to or in support of specific individuals. Gifts can be earmarked for scholarships; however, Gifts cannot be earmarked for relief or support of a particular individual or family.

The following types of Gifts may not be accepted without approval from the Nevada State College Foundation:

  • Any Gift offered with Restriction on disposition and/or future maintenance requirements;
  • Gifts of Intangible Personal Property including, but not limited to: stocks, bonds, partnership interests, patents, royalties, or any other Intangible Personal Property;
  • Gifts of Tangible Personal Property, such as paintings, other works of art, or collectibles that are donated on the condition or expectation that the items will be permanently exhibited, or that the collections will be maintained and exhibited in a specific manner (please see Art Acceptance Policy);
  • Gifts of real estate or other Real Property;
  • Non-cash Gifts that would require the College to incur transfer costs. Generally, the cost of transporting or otherwise transferring non-cash Gifts to the College should be covered by the donor.

Guidelines

1. Members of the College community may seek Gifts from individuals, corporations, foundations, and associations. However, Gifts may be sought only for projects that are consistent with the College’s mission and strategic plan and that have appropriate academic or administrative approval. Fundraising activity may not be undertaken without the explicit authorization of the Nevada State College Foundation, acting in its capacity as the College’s primary Fundraising agency.

2. Nevada State College values and will protect its integrity, its independence, and the academic freedom of the College community. The Foundation will accept Unrestricted Gifts, and Gifts for specific programs and purposes, provided that such gifts are consistent with the stated missions, purposes, and priorities of the College and the Foundation. Neither the Foundation nor the College will accept Gifts that are too restrictive in purpose and do not comply with the stated missions, purposes, and priorities of the College and the Foundation. Gifts that are too restrictive are:

    • Those that violate the terms of a corporate charter;
    • Those that are too difficult to administer;
    • Those that are for purposes outside the missions of NSC and NSCF.

In addition, Gifts that may expose the College to adverse publicity, require extraordinary expenditures, or involve the College in unexpected responsibilities because of their source, condition, or purposes will be referred to the Executive Committee of the Foundation in consultation with the President of the College for a decision on acceptance.

3. Nevada State College is unable to accept Gifts offered to the College that would restrict the College’s prerogative to accept other Gifts. Further, no Gift will be accepted that attempts to limit, beyond a general definition of subject area, the research than a faculty member or student may perform.

4. Nevada State College will not accept Gifts which involve unlawful discrimination based upon race, sex, age, national origin, color, handicap, or any other basis prohibited by federal, state, and local laws and regulations. Nevada State College will not accept Gifts which obligate it to violate any other applicable law or regulation, or which would lead College personnel to violate the charter of the College or the policies of the College and the Nevada System of Higher Education.

5. Although benefits, particularly tax and financial considerations, may accrue to donors, the donor must have a donative intent as a primary motive for making a gift to the College. Funds received by the College for the benefit of the College shall only be accounted for as Gifts where such donative intent is present. Amounts received in equal exchange for services or property shall not be accounted for as Gifts. Amounts received that result in tangible benefits to the donor in the form of recognition items, tickets to events, or other forms of benefit will be accepted, processed, and receipted in accordance with applicable IRS regulations. Donors will not receive any preferential treatment from the College as a result of a Gift.

6. The President and/or the Nevada State College Foundation may adopt procedures for the acceptance of Gifts to ensure that the private gifts to Nevada State College are properly recorded and administered and to ensure that the acceptance and management of Gifts are handled in compliance with external regulations and the College’s fiduciary obligations to donors. Such procedures must comply with applicable federal and state laws and be consistent with this policy and other applicable College and NSHE administrative policies and regulations.

7. The Foundation shall seek the advice of legal counsel in matters relating to acceptance of Gifts when appropriate. Review by counsel is recommended for:

  • Closely held stock transfers that are subject to restrictions or buy-sell agreements;
  • Documents naming the Foundation and/or the College as Trustee;
  • Gifts involving contracts, such as bargain sales or other documents requiring the Foundation or the College to assume an obligation;
  • Transactions with potential conflict of interest that may invoke IRS sanctions;
  • Other instances in which use of counsel is deemed appropriate by the Executive Committee of the Board, which is given the responsibility of Gift acceptance.

8. The Foundation urges all prospective donors to seek the assistance of personal legal and financial advisors in matters relating to their Gifts and the resulting tax and estate planning consequences. The Foundation will comply with the “Model Standards of Practice for the Charitable Gift Planner” promulgated by the National Committee on Planned Giving (NCPG). In instances where a prospective donor does not have personal legal and/or financial advisors, the Foundation will provide a list of three (3) or more individuals for possible assistance to the prospective donor.

9. It will be the responsibility of the donor to secure an appraisal (where required) and independent legal counsel, if they choose to have such representation, for all Gifts made to the Foundation.

10. The Foundation will record a Gift received at its valuation for Gift purposes on the date of Gift.

11. The Foundation is responsible for filing IRS Form 8282 upon the sale or disposition of any asset sold within two (2) years of receipt when the charitable deduction value of the item is more than $5,000. This form must be filed within 125 days of the date of sale or disposition of the asset.

12. The Foundation will acknowledge all Gifts made to either the Foundation or the College within two (2) working days of Gift receipt and in compliance with the current IRS regulations and requirements.

13. The Foundation will take a three percent (3%) fee on all Restricted Gifts at the time of donation, unless there is an agreement with the donor to waive the fee.

FORMS/INSTRUCTIONS

  • IRS Form 8282
  • Foundation Fund Agreement

RELATED INFORMATION

  • Art Acceptance Policy
  • National Committee on Planned Giving “Model Standards of Practice for the Charitable Gift Planner”
  • NSHE Handbook Title 2, Chapter 9

APPROVALS

These policies and guidelines have been reviewed and accepted by the Nevada State College Foundation Board of Trustees and the President of Nevada State College.  The Foundation Board must approve any changes to or deviations from these policies.