Case 3:17-cv-02255-MMC Document 74 Filed 12/03/18 Page 1 of 4 1 2 3 4 5 6 7 8 9 HARMEET K. DHILLON (SBN: 207873) harmeet@dhillonlaw.com KRISTA L. BAUGHMAN (SBN: 264600) kbaughman@dhillonlaw.com GREGORY R. MICHAEL (SBN: 306814) gmichael@dhillonlaw.com DHILLON LAW GROUP INC. 177 Post Street, Suite 700 San Francisco, California 94108 Telephone: (415) 433-1700 Facsimile: (415) 520-6593 Attorneys for Plaintiffs Young America’s Foundation and Berkeley College Republicans 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 SAN FRANCISCO DIVISION 13 14 YOUNG AMERICA’S FOUNDATION, et al., 15 Plaintiffs, 16 v. 17 18 JANET NAPOLITANO, et al., Defendants. 19 20 Case Number: 3:17-cv-02255-MMC Honorable Judge Maxine M. Chesney NOTICE OF CONDITIONAL SETTLEMENT AND JOINT STIPULATION AND [PROPOSED] ORDER VACATING ALL DEADLINES Action Filed: April 24, 2017 Trial Date: Not Assigned 21 22 23 24 25 26 27 28 Notice of Conditional Settlement and Stipulation and [PROPOSED] Order Vacating Deadlines Case No. 3:17-cv-02255-MMC Case 3:17-cv-02255-MMC Document 74 Filed 12/03/18 Page 2 of 4 1 2 NOTICE OF CONDITIONAL SETTLEMENT & JOINT STIPULATION TO THE COURT, ALL PARTIES, AND COUNSEL OF RECORD: the Parties have agreed to 3 settle the above-captioned matter, subject to the completion of terms and conditions specified in the 4 Settlement Agreement, a copy of which is attached hereto as Exhibit 1. Pursuant to the terms of the 5 Settlement Agreement, Plaintiffs will request dismissal of this entire Action upon satisfication of the 6 conditions setforth therein. 7 8 9 10 11 12 13 14 15 In light of this conditional settlement, and pursuant to Local Rule 6-2, the Parties, by and through their respective counsel, stipulate and agree as follows: WHEREAS, the Parties have agreed to settle the matter in accordance with the terms set forth in the Settlement Agreement attached hereto as Exhibit 1; WHEREAS, the Parties expect such conditions of settlement to be completed within 90 days of the filing of this notice and stipulation; WHEREAS, pursuant to this Court’s Order (Dkt. #73), Plaintiffs’ deadline to file a second amended complaint is December 4, 2018; WHEREAS, the Parties stipulate and respectfully request that the Court vacate all deadlines 16 governing this case, including Plaintiffs’ deadline to file a second amended complaint, with the 17 understanding that Plaintiffs will file a request for dismissal of the Action following completion of the 18 conditional terms of settlement; in the unlikely event that the settlement conditions are not completed 19 within the time agreed by the Parties, Plaintiffs will request a further case management conference to 20 set new case management deadlines. 21 22 NOW THEREFORE, the Parties stipulate and respectfully request that the Court vacate all deadlines governing this case. 23 24 Respectfully submitted, Dated: December 3, 2018 DHILLON LAW GROUP INC. 25 26 27 By: /s/ Harmeet K. Dhillon Harmeet K. Dhillon Attorney for Plaintiffs 28 1 Notice of Conditional Settlement; and Stipulation and [PROPOSED] Order Vacating Deadlines Case No. 3:17-cv-02255-MMC Case 3:17-cv-02255-MMC Document 74 Filed 12/03/18 Page 3 of 4 1 Dated: December 3, 2018 MUNGER, TOLLES & OLSON LLP 2 By: /s/ Bryan Heckenlively Bryan Heckenlively Attorney for Defendants 3 4 5 6 7 DECLARATION Pursuant to Local Rule 6-2, I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. 8 9 Dated: December 3, 2018 10 11 12 13 14 DHILLON LAW GROUP INC. By: /s/ Harmeet K. Dhillon Harmeet K. Dhillon Attorney for Plaintiffs ATTESTATION PURSUANT TO CIVIL L.R. 5-1(i)(3) I, Harmeet K. Dhillon, am the ECF User whose ID and password are being used to file this document. I hereby attest that concurrence in the filing of this document has been obtained from the 15 signatories. 16 17 18 19 Dated: December 3, 2018 DHILLON LAW GROUP INC. By: /s/ Harmeet K. Dhillon Harmeet K. Dhillon 20 21 22 23 24 25 26 27 28 2 Notice of Conditional Settlement; and Stipulation and [PROPOSED] Order Vacating Deadlines Case No. 3:17-cv-02255-MMC Case 3:17-cv-02255-MMC Document 74 Filed 12/03/18 Page 4 of 4 1 [PROPOSED] ORDER 2 IT IS HEREBY ORDERED THAT all deadlines governing this Action are vacated. 3 IT IS SO ORDERED. 4 5 DATED: ________________, 2018 6 7 8 Honorable Maxine M. Chesney United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Notice of Conditional Settlement; and Stipulation and [PROPOSED] Order Vacating Deadlines Case No. 3:17-cv-02255-MMC Case Document 74-1 Filed 12/03/18 Page 1 of 37 EXHIBIT 1 Case 3:17-cv-02255-MMC Document 74-1 Filed 12/03/18 Page 2 of 37 SETTLEMENT AGREEMENT Whereas, on April 24, 2017, Young America’s Foundation and Berkeley College Republicans (“Plaintiffs”) filed a Complaint against Janet Napolitano, Nicholas B. Dirks, Stephen C. Sutton, Joseph D. Greenwell, Margo Bennett, Alex Yao, and Leroy M. Harris in the United States District Court for the Northern District of California (case No. 3:17-cv-02255-MMC); Whereas, on November 10, 2017, after the Court granted a motion to dismiss the Complaint with leave to amend, Plaintiffs filed a First Amended Complaint against Janet Napolitano Nicholas B. Dirks, Carol T. Christ, Stephen C. Sutton, Joseph D. Greenwell, Margo Bennett, Alex Yao, and Leroy M. Harris (collectively “Defendants”); Whereas, Plaintiffs alleged in their First Amended Complaint that Defendants had violated Plaintiffs’ rights under the First Amendment, the Due Process Clause, and the Equal Protection Clause in its handing of conservative speaker events planned by Plaintiffs on the University of California, Berkeley (“UC Berkeley”) campus; Whereas Defendants filed a motion to dismiss Plaintiffs’ First Amended Complaint, arguing that Plaintiffs had not alleged a violation of any constitutional rights with respect to events that Plaintiffs had planned or attempted to plan in the past, and that UC Berkeley’s new Major Events Policy was constitutional; Whereas, on April 25, 2018, the United States District Court for the Northern District of California (“the Court”) granted in part and denied in part Defendants’ motion to dismiss; Whereas on March 6, 2018, the Court ordered Plaintiffs and Defendants (collectively, “the Parties”) to engage in settlement discussions with Magistrate Judge Jacqueline Scott Corley; Whereas the Parties attended settlement conferences with Magistrate Judge Corley on June 5, 2018 and August 21, 2018; 40706193.1 Case 3:17-cv-02255-MMC Document 74-1 Filed 12/03/18 Page 3 of 37 Whereas Defendants deny many of Plaintiffs’ factual allegations and all of Plaintiffs’ allegations of unlawful conduct and deny that Plaintiffs are entitled to either damages or equitable relief on the claims asserted in the Complaint or First Amended Complaint; IT IS HEREBY AGREED by and between Plaintiffs on the one hand, and Defendants, on the other hand, as set forth below: I. The Nature of This Settlement Agreement. This Settlement Agreement and all associated exhibits or attachments (“Settlement Agreement”) is made for the sole purpose of attempting to consummate settlement of Young America’s Foundation, et al. v. Janet Napolitano, et al., 3:17-cv-02255MMC, United States District Court for the Northern District of California (“the Litigation”). Defendants deny all of Plaintiffs’ allegations of unlawful conduct and deny that Plaintiffs are entitled to either damages or equitable relief on the claims asserted in the Complaint or First Amended Complaint. Defendants have agreed to resolve the Litigation by this Settlement Agreement; but, to the extent this Settlement Agreement is deemed void or for any reason does not take effect, Defendants do not waive, but rather expressly reserve, all rights to challenge all such claims and allegations in the Litigation upon all procedural and factual grounds, and to assert any and all defenses or privileges. Plaintiffs and Plaintiffs’ Counsel agree that Defendants retain and reserve these rights. Plaintiffs reiterate their position that Defendants unlawfully discriminate against conservative speech. II. The Parties to this Settlement Agreement. This Settlement Agreement (with the associated exhibits) is made and entered into by and among the following Settling Parties: (i) Plaintiffs, with the assistance and approval of Plaintiffs’ Counsel; and (ii) Defendants, with the assistance of their counsel of record. The Settlement Agreement is intended by the Settling Parties to result in final 40706193.1 2 Case 3:17-cv-02255-MMC Document 74-1 Filed 12/03/18 Page 4 of 37 resolution of the Litigation and to fully, finally, and forever resolve, discharge, and settle the Released Claims upon and subject to the terms and conditions hereof. III. Terms of Settlement Agreement. 1. Definitions. As used in all parts of this Settlement Agreement (including the exhibits which are part of the Settlement Agreement), the following terms have the meanings specified below: 1.1 The “Litigation” shall mean case 3:17-cv-02255-MMC in the United States District Court for the Northern District of California. 1.2 “Regents Releasees” means The Regents of the University of California (“The Regents”), Members of the Board of Regents, and officers, agents, employees, attorneys, accountants or auditors, associates, and personal or legal representatives of The Regents, as well as all subparts of the University of California, such as the University of California, Berkeley. 1.3 “Released Claims” shall collectively mean all claims, demands, rights, liabilities, and causes of action of every nature and description whatsoever under state or federal law including without limitation statutory, constitutional, contractual, or common law claims, whether known or unknown, including without limitation claims for actual damages, nominal damages, unpaid costs, penalties, punitive damages, interest, attorneys’ fees, litigation costs, injunctive relief, declaratory relief, or other equitable relief, against the Regents Releasees, relating to any and all allegations and/or claims that have been or could have been asserted in the Litigation; provided, however, that Plaintiffs do not release any claim against the Regents Releasees arising at University of California campuses other than UC Berkeley. 1.4 “Settlement Agreement” means this agreement and all of its exhibits, which the Parties understand and agree sets forth all material terms and conditions of the settlement between them. 40706193.1 3 Case 3:17-cv-02255-MMC Document 74-1 Filed 12/03/18 Page 5 of 37 2. Settlement Measures: 2.1 During the review of the Major Events Policy currently planned for October 2018, the UC Berkeley Office of Risk Services will recommend that the Major Events Policy be amended as provided in Exhibit A. These proposals will be considered in good faith by UC Berkeley as part of the standard review process, potentially along with other proposals made by others. Plaintiffs and Defendants agree to seek a stay of the Litigation pending this review process. If the proposed changes shown in Exhibit A are ultimately not adopted by UC Berkeley in substantial part, then Plaintiffs shall have the sole option to terminate this Settlement Agreement by providing written notice to Defendants 72 hours in advance of termination. If Plaintiffs exercise this option, the Settlement Agreement shall be deemed null and void, and Plaintiffs shall be entitled to pursue the Litigation in ordinary course, and neither party will have the rights or obligations provided in this Settlement Agreement, as if this Settlement Agreement had never been entered into. 2.2 At the conclusion of the 2018-2019 academic year, UC Berkeley will publish on its website a report identifying (1) all events during the academic year designated as Major Events under the Major Events Policy, (2) the total fees paid to UC Berkeley, the University of California Police Department, or any subdivisions thereof, in relation to each such event, and (3) all reservations made by Registered Student Organizations during the academic year for events with 100 attendees or more in UC Berkeley classrooms or venues controlled by the ASUC Student Union. 2.3 Magistrate Judge Corley will be available to the Parties to facilitate discussions of any issues that may arise between them with respect to events that Plaintiffs attempt to plan in the future. 2.4 Within 30 days after the dismissal of the Litigation, Defendants will make a one-time payment of $70,000 to Plaintiffs to compensate them for attorney’s fees incurred in the Litigation. By agreeing to make this payment, Defendants in no way admit that Plaintiffs are or would be a prevailing party in the Litigation. 40706193.1 4 Case 3:17-cv-02255-MMC Document 74-1 Filed 12/03/18 Page 6 of 37 2.5 Following the signing of this Settlement Agreement, and within 7 days of the Major Events Policy being amended in the manner specified by section 2.1 above, Plaintiffs will file a notice with the United States District Court for the Northern District of California dismissing the Litigation with prejudice in light of the Parties’ settlement. 2.6 Beginning in the Spring 2019 academic semester, UC Berkeley will adopt the security fee schedule attached here as Exhibit B. The security fee amounts set forth therein shall not be increased for at least a period of three (3) years following the adoption of the fee schedule. For avoidance of doubt, the standard recharge rates for UCPD services may be increased during that period based on salary and benefit increases, as provided in footnote 5 of Exhibit B. 3. Releases. 3.1 In consideration for Defendants’ and The Regents’ agreement to undertake the “Settlement Measures” listed in sections 2.1 through 2.4 above, on behalf of themselves, their employees, members, officers, directors, agents, heirs, executors, administrators, and assigns, Plaintiffs, to the fullest extent permitted by law, agree to forever unconditionally and irrevocably release, acquit, and discharge, and by operation of the signing of this Settlement Agreement shall have, fully, finally, and forever released, acquitted, and discharged all Released Claims. 3.2 Plaintiffs expressly waive any and all rights under Section 1542 of the Civil Code of the State of California, and any like or comparable provision or principle of common law in any other jurisdiction. Section 1542 provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” Thus, notwithstanding the provisions of Section 1542 or any other provision of law with a comparable effect, and for the purpose of implementing a full and complete release and discharges, Plaintiffs expressly acknowledge that this Agreement is intended to include in its 40706193.1 5 Case 3:17-cv-02255-MMC Document 74-1 Filed 12/03/18 Page 7 of 37 effect, without limitation, claims and causes of action which they do not know of or suspect to exist in their favor at the time of execution hereof and that this Agreement contemplates extinguishment of all such claims and causes of action. 4. Miscellaneous Provisions. 4.1 Neither the Settlement Agreement, nor any act performed or document executed pursuant to, or in furtherance of, the Settlement Agreement: (a) is or may be deemed to be or may be used as an admission or evidence of the validity of any Released Claim or of any wrongdoing or liability on the part of any Defendant, the Regents Releasees, or any of them; or (b) is or may be deemed to be or may be used as an admission or evidence of any fault or omission of any Defendant, the Regents Releasees, or any of them, in any civil, criminal, or administrative proceeding in any court, administrative agency, or other tribunal. 4.2 All of the exhibits to the Settlement Agreement are material and integral parts hereof and are fully incorporated herein by this reference. 4.3 The Settlement Agreement may be amended or modified only by a written instrument signed by or on behalf of all Settling Parties or their respective successorsin-interest. 4.4 The Settlement Agreement constitutes the entire agreement among the Parties hereto and no representations, warranties, or inducements have been made to any party concerning the Settlement Agreement or its exhibits other than the representations, warranties, and covenants expressly contained and memorialized in such documents. 4.5 Each Party shall bear its own costs. 4.6 Plaintiffs each specifically acknowledge the following: (a) An authorized representative of each possesses sufficient education and experience to fully understand the terms of this Settlement Agreement as it has been written, the legal and binding effect of the Settlement Agreement, and the exchange of benefits and promises herein. 40706193.1 6 Case 3:17-cv-02255-MMC Document 74-1 Filed 12/03/18 Page 8 of 37 (b) An authorized representative of each has read this Settlement Agreement fully and completely and understands its significance. (c) No inducements, statements, or representations have been made that are not set out expressly in this Settlement Agreement, and Plaintiffs do not rely on any inducements, statements, or representations not set forth expressly herein. (d) Each enters into this Settlement Agreement knowingly and voluntarily and of their own free will and choice. (e) Each has been encouraged and given the opportunity to consult with an attorney of their choice, which each has done. 4.7 Each counsel or other person executing the Settlement Agreement or any of its exhibits on behalf of any party hereto hereby warrants that such person has the full authority to do so. 4.8 The Settlement Agreement may be executed in one or more counterparts. All executed counterparts and each of them shall be deemed to be one and the same instrument. If the Settlement Agreement is filed with the Court, a complete set of executed counterparts shall be filed. 4.9 The Settlement Agreement shall be binding upon, and inure to the benefit of, the successors and assigns of the parties hereto; however, this Settlement Agreement is not designed to and does not create any third-party beneficiaries unless otherwise specifically so provided herein. 4.10 The Court shall retain jurisdiction with respect to implementation and enforcement of the terms of the Settlement Agreement, and all parties hereto submit to 40706193.1 7 Case 3:17-cv-02255-MMC Document 74-1 Filed 12/03/18 Page 9 of 37 the jurisdiction of the Court for purposes of implementing and enforcing the settlement embodied in the Settlement Agreement. 4.11 The Settlement Agreement and the exhibits hereto shall be considered to have been negotiated, executed and delivered, and to have been wholly performed, in the State of California, and the rights and obligations of the parties to the Settlement Agreement shall be construed and enforced in accordance with, and governed by, the internal, substantive laws of the State of California without giving effect to that State’s choice-of-law principles. 4.12 The language of all parts of this Settlement Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against either party. No party shall be deemed the drafter of this Settlement Agreement. The parties acknowledge that the terms of the Settlement Agreement are contractual and are the product of negotiations between the parties and their respective counsel. All parties and their counsel cooperated in the drafting and preparation of the Settlement Agreement. In any construction to be made of the Settlement Agreement, the Settlement Agreement shall not be construed against any party and the canon of contract interpretation set forth in California Civil Code section 1654 shall not be applied. 4.13 Should any provision of this Settlement Agreement or any action taken pursuant to this Settlement Agreement be declared or be determined by any Court to be illegal or invalid, the validity of the remaining parts, terms, or provisions shall not be affected thereby, and said illegal or invalid part, term, or provision shall be deemed not to be a part of this Settlement Agreement. IN WITNESS WHEREOF, the parties hereto have caused the Settlement Agreement to be executed, and this Settlement Agreement is AGREED TO: 40706193.1 8 DocuSign Envelope ID: DD1DBC2C-7F49-433B-8165-118AA4E36A7C Case 3:17-cv-02255-MMC Document 74-1 Filed 12/03/18 Page 10 of 37 11/30/2018 1:14:49 PM PST DATED: ______________, 2018 By: PATRICK COYLE For: Plaintiff Young America’s Foundation 11/30/2018 3:23:43 PM PST DATED: ______________, 2018 By: MATTHIAS RONNAU For: Plaintiff Berkeley College Republicans DATED: ______________, 2018 By: MARGARET L. WU For: The Regents of the University of California DATED: ______________, 2018 By: JANET NAPOLITANO DATED: ______________, 2018 By: NICHOLAS B. DIRKS DATED: _______________, 2018 By: CAROL T. CHRIST DATED: _______________, 2018 By: 40706193.1 9 JOSEPH D. GREENWELL DocuSign Envelope ID: DD1DBC2C-7F49-433B-8165-118AA4E36A7C Case 3:17-cv-02255-MMC Document 74-1 Filed 12/03/18 Page 11 of 37 DATED: _______________, 2018 By: STEPHEN C. SUTTON DATED: _______________, 2018 By: MARGO BENNETT DATED: _______________, 2018 By: ALEX YAO DATED: _______________, 2018 By: LEROY M. HARRIS APPROVED AS TO FORM DATED: November 30 ____, 2018 DHILLON LAW GROUP, INC. HARMEET K. DHILLON KRISTA L. BAUGHMAN GREGORY R. MICHAEL By: Attorney for Plaintiffs DATED: November ____, 2018 MUNGER, TOLLES & OLSON LLP BRYAN H. HECKENLIVELY ELIZABETH A. KIM By: Attorney for Defendants 40706193.1 10 Case 3:17-cv-02255-MMC Document 74-1 Filed 12/03/18 Page 12 of 37 DATED: By:________________________ PATRICK COYLE For: Plaintiff Young America’s Foundation DATED: By:_____________________________ MATTHIAS RONNAU For: Plaintiff Berkeley College Republicans DATED: Noui.v’3O, 2018 By (M)ARGARET L. WU For: The Regents of the University of California DATED: By:___________________________ JANET NAPOLITANO DATED: By:___________________________ NICHOLAS B. DIRKS DATED: By:___________________________ CAROL T. CHRIST DATED: By:___________________________ JOSEPH D. GREEN WELL 40706193.1 9 Case Document 74-1 Filed 12/03/18 Page 13 of 37 DATED: 2018 DATED: 2018 DATED: 2018 DATED: 2018 APPROVED AS TO FORM DATED: November 2018 DATED: November?g, 2018 40706193 I By: STEPHEN C. SUTTON By: MARGO BENNETT By: . ALEX YAO By: LEROY M. HARRIS DHILLON LAW GROUP, INC. HARMEET K. DHILLON KRISTA L. BAUGHMAN GREGORY R. MICHAEL By: Attorney for Plaintiffs MUNGER, TOLLES OLSON LLP BRYAN H. HECKENLIVELY ELIZABETH A. KIM Attorney for Defendants IO Case Document 74-1 Filed 12/03/18 Page 14 of 37 EXHIBIT A Case 3:17-cv-02255-MMC Document 74-1 Filed 12/03/18 Page 15 of 37 University of California, Berkeley Policy Issued: January 9, 2018 Effective Date: January 9, 2018 Supersedes: Interim Policy on Major Events Hosted by Non-Department Users, August 14, 2017 Next Review Date: October 31, 2018 Major Events Hosted by Non-Departmental Users Responsible Executive: Vice Chancellor-Student Affairs Responsible Office: Dean of Students Contact: For Student Organizations: LEAD Center, lead@berkeley.edu, 510-642-5171 For All Other Non-Departmental Users: Risk Services, risk@berkeley.edu, 642-5141 Policy Statement The University of California, Berkeley is committed to free speech as essential to its educational mission and as a vital component of its identity. The University is also committed to enabling student organizations and other groups to host a variety of events on campus and thereby to supplement and enrich students’ educational experience. Toward that end, the campus makes certain facilities and spaces available to student organizations and to other non-University users for events. For purposes of this policy, non-departmental users include individuals other than current employees of the University of California acting within the course and scope of University employment and organizations other than academic and administrative departments of the University of California. Non-departmental users include, but are not limited to, private individuals, private corporations, non-profit organizations, unincorporated associations, and student organizations including student government entities. Non-departmental users must adhere to the terms and conditions of this policy, including by obtaining may host Major Events with written permission from the campus to host Major Events and must adhere to the terms and conditions of this policy. Campus facilities are made available for non-departmental users other than Registered Student Organizations (RSOs) only when those events result in the generation of revenue in support of the campus missionfor the campus. This policy is explicitly intended to support the ability of non-departmental users to host Major Events on campus and will be applied without regard for perspectives or positions expressed in connection with those events. All criteria for assessing Major Events must be applied in a viewpoint-neutral manner and without regard to the content of any performance or 40706434.1 Case 3:17-cv-02255-MMC Document 74-1 Filed 12/03/18 Page 16 of 37 UNIVERSITY OF CALIFORNIA, BERKELEY Policy on Major Events Hosted by Non-Departmental Users speaking aspect of the event. Scope of Policy This policy applies to Major Events hosted by non-departmental users anywhere on campus except in locations generally open to the public as defined in Sections 311 and 331 of the Berkeley Campus Regulations Implementing University Policies. Events in Upper and Lower Sproul Plazas are not subject to this policy. Non-departmental users may plan events at those locations on short notice in accordance with the requirements of the Berkeley Campus Regulations Implementing University Policies. For purposes of this policy, a Major Event is any planned gathering including but not limited to celebrations, social gatherings with or without amplified music or sound, lectures, forums, performances, concerts, rallies, speaker presentations, and conferences at which one or more of the following conditions apply: 1. 300 or more people are expected to attend; 2.1.Authorized campus officials determine that, to plan for and/or manage the event, the complexity of the event requires the involvement of more campus administrative units than (1) the administrative unit making the facility available, (2) the campus police department (hereafter UCPD), and (3) if the event is an RSO event, the ASUC Student Union staff; 3.2.Authorized campus officials determine the event is likely to significantly affect campus safety and security (based on assessment from the UCPD) or significantly affect campus services other than those provided by the administrative unit making the event facility available (including kiosk guards, service roads, or parking); 4.3.Authorized campus officials determine the event has a substantial likelihood of interfering with campus functions or activities other than the functions and activities of the administrative unit making the event facility available; 5.4.The event is a dance as defined by this policy (as distinguished from a performance during which the performers are dancing) or a concert featuring amplified sound, at which a majority of the audience is not seated; 6.5.Alcohol is intended to be served, unless the event is a memorial service reception attended by fewer than 300 people or is an event at the Lawrence Hall of Science, the Botanical Garden, Blake House, or Anthony Hall; or 7.6.Outdoor amplified sound is requested. Any determination by authorized campus officials that an event constitutes a Major Event under items 2 or , 3 , or 4 above will be based on the officials’ assessment of information other than the content or viewpoints anticipated to be expressed during the event. The authorized campus officials will be the Chancellor and/or the Chancellor’s designee or designees. If the Chancellor assigns a designee, the designee must be a Vice Chancellor, Assistant Vice Chancellor, or Associate Chancellor. No member of UCPD is an authorized campus official for purposes of those paragraphs. The campus will use the Campus Event Risk Grid (Appendix A) to further 40706434.1 2 Case 3:17-cv-02255-MMC Document 74-1 Filed 12/03/18 Page 17 of 37 UNIVERSITY OF CALIFORNIA, BERKELEY Policy on Major Events Hosted by Non-Departmental Users determine the potential impact of an event and what permits, reviews, or other requirements are necessary. Permissible criteria to be used to determine whether an event is likely to significantly affect campus safety and security or significantly affects campus services under item 3 above are the following: (a) the proposed location of the event, (b) the estimated number of participants, (c) the time of the day that the event is to take place, (d) the date and day of the week of the event, (e) the proximity of the event to other activities or locations that may interfere, obstruct, or lessen the effectiveness of the security measures being implemented, (f) the resources needed to secure the event, (g) the anticipated weather conditions, (h) the estimated duration of the event, (i) any objective and credible evidence regarding actual threats to campus safety or security, and (j) any similar viewpoint- and content-neutral considerations relevant to assessment of campus safety, security, and services. Permissible criteria to be used to determine whether an event has a substantial likelihood of significantly interfering with other campus functions or activities under item 4 above are the following: (a) the proposed location of the event, (b) the estimated number of participants, (c) the time of the day the event is to take place, (d) the expected duration of the activity; (e) the activity’s timing in relation to the academic calendar (for example, proposed scheduling during the first week of classes or during final examination week); (f) the expected noise level to be generated by the activity; (g) the need for and/or availability of University resources and personnel to facilitate, oversee or control the activity; and (h) any similar viewpoint- and content-neutral considerations relevant to assessment of potential disruption to campus functions or activities. The campus reserves the right to classify any proposed event a Major Event subject to this policy, consistent with the definition set forth above. Non-departmental event organizers are encouraged to consult with the appropriate campus contact at the earliest possible time if they have any question whether their event may be classified as a Major Event. This policy applies to Major Events scheduled, organized, or supervised by non-departmental users or over which non-departmental users have authority to decide whether to hold the event or to determine the contents of the event. For purposes of this policy, supervision is defined as direct, on-site responsibility for the event. Events scheduled, organized, and supervised by campus academic and administrative departments are not subject to this policy. Only University employees acting in the course and scope of their University employment may supervise a departmental event. For purposes of this policy, departmental events include social gatherings of students from that department in departmental facilities for which no formal permission for use has been sought. Use of campus facilities by non-departmental users for events not defined as Major Events is subject to the requirements of sections 210-225 of the Berkeley Campus Regulations Implementing University Policies. In the event of a conflict between the provisions of the Berkeley Campus Regulations Implementing University Policies and this policy, the provisions of this policy will govern for 40706434.1 3 Case 3:17-cv-02255-MMC Document 74-1 Filed 12/03/18 Page 18 of 37 UNIVERSITY OF CALIFORNIA, BERKELEY Policy on Major Events Hosted by Non-Departmental Users Major Events. Why We Have This Policy This policy has been developed to promote the efficient and orderly use of campus property. Campus property (which includes both facilities and grounds) is intended to further the University of California’s mission of education, research, and public service. Priority for the use of campus property will be given to academic and administrative departments of the University of California. Subject to the requirements of this policy, and to campus regulations and policies applicable to specific facilities, campus facilities may be made available for use by non-departmental users provided those facilities are not needed by the campus at that time and use by the non-departmental users does not disrupt campus business or activities. This policy operates in conjunction with specific deadlines, policies, and regulations for each campus facility, including the Berkeley Campus Regulations Implementing Policy, as well as the Campus Event Planning Timeline (Appendix B). Facility reservation deadlines and other procedural details may vary among campus facilities. Therefore, the event coordinator for the requested venue must be consulted before the event to obtain specific details concerning reservation and event procedures. Procedures Procedures Applicable to All Non-Departmental Users of Campus Facilities A. Agreements or contracts a non-departmental user enters into with third parties related to the Major Event are signed at the risk and liability of the non-departmental user. Nondepartmental users are liable for all costs related to the Major Event. This includes, but is not limited to, facility fees, basic security costs (as described in the section on Security Procedures for All Major Events below), and any damages that occur as a result of the Major Event. Individual non-departmental users may be held personally liable for costs related to the Major Event. B. All Major Event attendees may be subject to search for contraband, weapons, drugs, alcohol, and other illegal or prohibited materials to provide for the safety of event participants. Participants will be notified through clearly posted signs at the event entrance if they will be subject to a search. C. The maximum room capacity for all campus facilities is established by the Campus Fire Marshal. The facility’s event coordinator may reduce capacity further in accordance with staff availability and other considerations. D. The possession and/or consumption of alcohol at all campus events is prohibited unless service is provided by an ABC-licensed supplier under contract, and the ABC-licensed supplier provides the Regents of the University of California with proof of liquor liability 40706434.1 4 Case 3:17-cv-02255-MMC Document 74-1 Filed 12/03/18 Page 19 of 37 UNIVERSITY OF CALIFORNIA, BERKELEY Policy on Major Events Hosted by Non-Departmental Users insurance coverage for at least $1 million. A campus alcohol permit issued through the UCPD is also required. Under no circumstances will an individual under the age of 21 be served alcohol. If alcohol is served at an event, at least 20% of all beverages must be nonalcoholic and food must be provided throughout the event. Non-alcoholic beverages must be prominently displayed and served in the same place as alcoholic drinks. E. The use and/or possession of illegal drugs are prohibited at all campus events. F. To the degree an academic or administrative department authorizes use of facilities under its control for events sponsored by a non-departmental user, the department may be required to reimburse security costs and other costs incurred by other campus units. G. Failure to comply with campus regulations and policies pertaining to events, including deadlines in the Campus Event Planning Timeline (see Appendix B), will result in denial of the sponsor’s facility use request. Non-compliant events may be re-scheduled in a compliant manner. Security Procedures for All Major Events A. If required pursuant to the criteria set forth in Appendix A, UCPD will conduct a security assessment based on information provided on the Event Security Assessment Form and such other information as UCPD may obtain. B. In consultation with the Office of Legal Affairs, UCPD will assess security needs based on objective and credible evidence of specific risks, and not on assessment of the viewpoints, opinions, or anticipated expression of event speakers, sponsors, participants, community, or performers. Permissible factors for consideration include but are not limited to: (a) the proposed location of the event, (b) the estimated number of participants, (c) the time of day the Major Event is to take place, (d) the date and day of the week of the Major Event, (e) the proximity of the Major Event to other activities or locations that may interfere, obstruct, or lessen the effectiveness of the security measures being implemented, (f) the resources needed to secure the Major Event, (g) the anticipated weather conditions, (h) the estimated duration of the Major Event, and (i) any similar content-neutral considerations relevant to assessment of security needs. C. UCPD will make security recommendations that, in UCPD’s professional judgment, will address security threats identified as a result of the evaluation conducted pursuant to Paragraph B above. The goals of UCPD’s security recommendations will be to: 1. Minimize risks to the health and safety of the event participants and audience; 2. Minimize risks to the campus and surrounding community; 3. Maximize the ability of the event organizers to successfully hold the Major Event; and 4. Protect the exercise of rights of free expression by the event organizers, participants, and community. Recommended security measures may include, but are not limited to: adjusting the venue, date, 40706434.1 5 Case 3:17-cv-02255-MMC Document 74-1 Filed 12/03/18 Page 20 of 37 UNIVERSITY OF CALIFORNIA, BERKELEY Policy on Major Events Hosted by Non-Departmental Users and/or time of the event; providing additional law enforcement; imposing controls or security checkpoints; and creating buffer zones around the venue. D. If UCPD determines the Major Event has substantial security needs, the host organization must schedule a security assessment meeting with UCPD no later than five weeks prior to the Major Event date. The meeting may include, as necessary, the following: a staff member from ASUC Student Union Event Services; the facility manager or designee; and one or more student organization signatories or other representatives from the sponsoring organization. The individuals serving as first contacts or signatories will attend the meeting and be available for consultation throughout the event-planning period. UCPD will present security concerns and recommendations at the security assessment meeting, and meeting participants will discuss options for addressing security needs that UCPD has identified. E. If UCPD determines that, because of new information it has received or changing circumstances, its security assessment must be modified, it will schedule additional meetings or communications with the event organizers and other appropriate stakeholders to discuss its revised recommendations. F. Should the Major Event organizers and UCPD be unable to agree on implementation of security measures or recommendations, the Major Event organizers may submit an appeal to the Chancellor or the Chancellor’s designee for final determination. If the Chancellor assigns a designee, the designee must be a Vice Chancellor, Assistant Vice Chancellor, or Associate Chancellor who was not involved in the planning or review of the Major Event. The Chancellor or Chancellor’s designee may determine the security measures required for the event based on UCPD’s security assessment. The goals of that determination will be to: 1. Minimize any identified threat to health and safety of the event participants and audience; 2. Minimize any identified threat to the campus and surrounding community; 3. Maximize the ability of the Major Event sponsors to successfully hold the event; and 4. Protect the exercise of rights of free expression by the event sponsors, participants, and community. Implemented security measures may include, but are not limited to: adjusting the venue, date, and time of the event; providing additional law enforcement; imposing controls or security checkpoints; and creating buffer zones around the venue. The Chancellor or Chancellor’s designee will provide the Major Event organizers a written explanation of the reasons for his or her final decision. G. If during an event an imminent threat to safety or property arises, avoidance or minimization of which requires termination of the event, authority to terminate the event rests with the senior civilian administrator designated to oversee law enforcement operations. If no senior administrator is present or available, authority is delegated to the highest-ranking UCPD officer at the event. H. The event organizers must agree to reimburse costs of basic event security provided by UCPD. Basic event security consists of UCPD presence (required at some facilities) and related 40706434.1 6 Case 3:17-cv-02255-MMC Document 74-1 Filed 12/03/18 Page 21 of 37 UNIVERSITY OF CALIFORNIA, BERKELEY Policy on Major Events Hosted by Non-Departmental Users costs necessary to carry out an event in the absence of any expected disturbance. The cost of extraordinary security necessary to protect the larger community is borne by the campus. The campus will maintain a website listing the security fees that will be charged to a nondepartmental user that reserves a given venue for a Major Event. That same schedule of fees will apply to any event organized by a Registered Student Organization, even if it is not a Major Event. That information is published at http://deanofstudents.berkeley.edu/______________. Fee waivers will not be given. Security fees will be based on standard, approved, and published recharge rates for UCPD or other security personnel and for any associated equipment costs or rentals. The number of personnel and amount and type of equipment charged will be based on an assessment including but not limited to the following criteria: 1. Event venue, including venue size, location, number of entrances and exits to be staffed; 2. Time of day; 3. Number of expected attendees; 4. Whether entrances will be controlled and whether tickets will be sold; 5. Whether the event will be open and/or advertised to non-affiliates of the University; 6. Whether alcohol will be served; 7. Whether there will be sales of food, beverages, or other items and whether cash handling will occur; 8. Whether event performers come with personal security teams or details that require UCPD liaisons; and 9. Whether event organizers or event performers request additional security measures. If an event organizer or a speaker or performer requests additional security measures not required by the campus, the campus will not pay the costs associated with those security measures. If the campus requires additional security beyond what the published schedule anticipates, the campus will bear all costs associated with that additional security. Additional security fees will not be charged to event sponsors based on concerns that the content of the event or the viewpoints, opinions, or anticipated expression of the sponsors, event performers, or others participating in the event might provoke disturbances or response costs required by such disturbances. Student Organization Major Events For purposes of this policy, student organization Major Events include any Major Event sponsored or co-sponsored by a non-departmental user that is a University-recognized student organization, including the Associated Students of the University of California (ASUC), the Graduate Assembly (GA), Registered Student Organizations, Sponsored Student Organizations, and Affiliated Student Organizations. The following procedures must be followed for student organization Major Events: 40706434.1 7 Case 3:17-cv-02255-MMC Document 74-1 Filed 12/03/18 Page 22 of 37 UNIVERSITY OF CALIFORNIA, BERKELEY Policy on Major Events Hosted by Non-Departmental Users A. One student signatory of a currently registered or sponsored organization seeking to use campus property to hold an event must: 1. Review the Event Registration Form on-line. 2. Request a reservation for the event’s desired location no later than six weeks prior to the event. If security arrangements and other preparations cannot be made in compliance with this time frame, the event may not be approved for the date and time requested. A selected list of campus venues and contacts can be found in Appendix C. 3. Facility policies vary by location. Contact the venue’s event coordinator, the Classroom Scheduling Office, or the ASUC Student Union Event Services Office for details and requirements. A preliminary reservation does not constitute approval of the use of the venue at the proposed date and time. 4. Six weeks or more prior to the event, complete and submit the Event Registration Form following the on-line instructions. . 5. Six weeks or more prior to the event, submit an Event Security Assessment Form to the UCPD. 6. Meet with the assigned ASUC Event Services coordinator to review Major Event details at least five weeks prior to the event. 7. If the student organization wishes to publicize the event, Ssubmit all a set of any initial publicity materials to the LEAD Center at eventreview@berkeley.edu prior to publication and at least two weeks before the event. The LEAD Center may review publicity materials only to verify that event details (such as date, time, and location) are accurate. After the initial set of publicity materials has been submitted and reviewed, the student organization may distribute other publicity materials so long as they contain the same accurate event details (such as date, time, and location) as the initial set of materials. The student organization must provide a copy of any such additional publicity materials to the LEAD Center at eventreview@berkeley.edu within 24 hours after the materials distributed. 8. Insurance must be secured at least one week prior to the event. At least two weeks prior to the event, contact Campus Connexions (http://ucberk.campusconnexionsuc.com/Constituency/Registered-Student-Organization) to arrange for insurance. If insurance through Campus Connexions is not approved for the event, the event cannot proceed unless the RSO is able to obtain substantially identical insurance coverage to that provided through Campus Connexions. 9. Comply with all requirements as established in other policies administered by ASUC Student Union Event Services, the LEAD Center, UCPD, Risk Services, Classroom Scheduling, or the facility’s event coordinator. A variety of permits and/or waivers may 40706434.1 8 Case 3:17-cv-02255-MMC Document 74-1 Filed 12/03/18 Page 23 of 37 UNIVERSITY OF CALIFORNIA, BERKELEY Policy on Major Events Hosted by Non-Departmental Users be required. B. If needed, the ASUC Student Union Event Services coordinator will schedule a Major Event coordination meeting with Major Event organizers to exchange information and discuss logistical expectations. The Major Event coordination meeting will usually occur four weeks prior to the event. The ASUC Student Union Event Services coordinator may request an additional meeting to ensure that all instructions agreed to at the Major Event coordination meeting have been carried out. C. Three weeks prior to a Major Event, the UCPD chief or designee may inform a group including the Government & Community Relations Office and representatives from the Berkeley Police Department, the City Manager's office, and the Telegraph Business Improvement District (T.B.I.D.), or their designees, about the Major Event. The UCPD chief or any member of this group may request additional meetings in advance of the Major Event to discuss concerns. D. Events must end no later than 2:00 a.m. or at a time determined by the campus administration based on the UCPD security assessment, or as prescribed by specific facility policies, campus policies, and City of Berkeley ordinances. Additional charges may be applicable to extend events beyond specific building hours. Events Staged by Non-Departmental Users Other than Student Organizations All other non-departmental users of campus facilities must follow the procedures established in the campus policy on Facility Use Permits. The University reserves the right to require that events co-sponsored by student organizations and other non-departmental users comply with the campus policy on Facility Use Permits. Events hosted by non-student, non-departmental users that meet the definition of a Major Event must (1) contact the Major Event’s desired location no later than six weeks prior to the date of the event and (2) submit an Event Security Assessment Form to the UCPD no later than six weeks prior to the date of the event. The following is a summary of the Facility Use Permit policy. Nothing in this summary supersedes the requirements of the Facility Use Policy: Facility Use Permits for use of University property by non-departmental users are handled by the campus academic or administrative department overseeing the property. A selected list of campus venues and contacts can be found in Appendix C. The authority to approve use of a campus venue to non-departmental users is delegated to the highest-level administrative official of each campus department and applies only if these guidelines are followed: A. The Facility Use Permit form is used. The completed and signed Facility Use Permit is retained by the department for five years after its expiration. 40706434.1 9 Case 3:17-cv-02255-MMC Document 74-1 Filed 12/03/18 Page 24 of 37 UNIVERSITY OF CALIFORNIA, BERKELEY Policy on Major Events Hosted by Non-Departmental Users B. A Certificate of Insurance is received from the non-departmental user naming “THE REGENTS OF THE UNIVERSITY OF CALIFORNIA” as an additional insured with General Liability coverage of at least $1,000,000 per occurrence. The event cannot proceed unless the Certificate is provided to the University by the deadline specified by the campus department in charge of the venue. If the non-departmental user does not have event insurance, the non-departmental user may purchase coverage by going to Campus Connexions at http://ucberk.campusconnexionsuc.com/Constituency/Tenant-User. Depending on the risks associated with the event, non-departmental users may be required to provide higher amounts of insurance, additional types of insurance, or both. Please consult the full Facility Use Permits policy for more information. Upon receipt of a Facility Use Permit for an event that may qualify as a Major Event, the academic or administrative department responsible for the venue will advise the nondepartmental user to submit an Event Security Assessment Form to the UCPD. Dances For purposes of this policy, a dance is any social gathering whose primary purpose is the promotion of free movement to amplified music in an unobstructed area at a campus property. This does not include events at which performers are the only people dancing. The following additional requirements apply to dances: A. Only UC Berkeley students with valid student identification cards and their accompanied guest(s) may attend a dance at a campus location. All event attendees are required to show a college or state-issued photo identification. Non-University of California students under 18 years of age will not be admitted. A maximum of two guests per UC Berkeley student are allowed, and all guests must accompany the UC Berkeley student. B. Conferences held on campus may include a dance for attendees, who may or may not be UC Berkeley students. Only conference attendees and one guest may attend such dances, regardless of University affiliation. The conference organizers must distribute tickets in advance. C. Advance ticketing is required for dances. Tickets may be sold at the door up to one hour after the event begins. D. The number of tickets sold or distributed cannot exceed the number of guests approved for the dance or the room capacity. E. Tickets must be sequentially numbered. F. Tickets will state that a college or state-issued identification is required for entrance to the event. 40706434.1 10 Case 3:17-cv-02255-MMC Document 74-1 Filed 12/03/18 Page 25 of 37 UNIVERSITY OF CALIFORNIA, BERKELEY Policy on Major Events Hosted by Non-Departmental Users G. Online ticket sales may be conducted by utilizing a LEAD Center-approved online vendor. Responsibilities Chancellor or Designee: ● Makes the final decision on appeal in the event the UCPD and non-departmental user cannot agree on implementation of security measures or recommendations. ASUC Student Union Event Services: ● Takes primary responsibility for working with student organizations holding Major Events on campus. ● Reviews event registration forms submitted by student organizations. ● Reviews event details with student organizations as necessary. ● Promptly contacts UCPD about events that may qualify as Major Events or has the event organizers to do so. LEAD Center: • Provides advising support to student organizations planning a Major Event. • Reviews publicity materials with student organizations as necessary. • Promptly contacts UCPD about events that may qualify as Major Events or has the event organizers to do so. Classroom Scheduling, Student Union Events Team, Senior Financial Officers in Each Campus Department or Unit, and Campus Event Coordinators: ● Review and (if appropriate) approve applications for the use of their space by nondepartmental users. ● Promptly contact UCPD about events in their space that may qualify as Major Events. UCPD: ● Coordinates and/or provides safety and security services at Major Events held by nondepartmental users. ● Reviews Event Security Assessment Forms submitted by non-departmental users. ● When required by this policy, conducts security assessments for Major Events held by non-departmental users. ● When warranted, informs Government & Community Relations and City of Berkeley partners of impending Major Events or designates another campus unit to fulfill that responsibility. ● Searches event participants for weapons and other contraband as necessary, or authorizes a security team to perform those services on its behalf. Risk Services: • Serves as first responder to inquiries from non-student non-departmental users about this policy. • Determines appropriate insurance requirements for events held by all non-departmental 40706434.1 11 Case 3:17-cv-02255-MMC Document 74-1 Filed 12/03/18 Page 26 of 37 UNIVERSITY OF CALIFORNIA, BERKELEY Policy on Major Events Hosted by Non-Departmental Users • • users. Advises campus clients and non-departmental users about insurance coverage available via Campus Connexions. Assists campus units whose property has been damaged by non-departmental users. Web Address for This Policy http://campuspol.berkeley.edu/policies/nondeptusers.pdf Glossary Academic Department: A college, school, a division of a college or school, or a department within a college or school of the University of California, Berkeley. For purposes of this policy, the term academic department includes organized research units and academic centers. Administrative Department: A non-academic campus unit dedicated to the operational, financial, and/or strategic functions of the University of California, Berkeley. Dance: A social gathering whose primary purpose is the promotion of free movement to amplified music in an unobstructed area at a University property. Does not include events at which performers are the only people dancing. Event: Any planned gathering including but not limited to celebrations, dances, lectures, forums, performances, rallies, social gatherings, concerts, speaker presentations, and conferences. Major Event: An event at which one or more of the following conditions apply, subject to the qualifications provided in the Policy: 1. 300 or more people are expected to attend; 2.1.Authorized campus officials determine that, to plan for and/or manage the event, the complexity of the event requires the involvement of more campus administrative units than (1) the administrative unit making the facility available, (2) the campus police department (hereafter UCPD), and (3) if the event is an RSO event, the ASUC Student Union staff; 3.2.Authorized campus officials determine the event is likely to significantly affect campus safety and security (based on assessment from the UCPD) or significantly affect campus services other than those provided by the administrative unit making the event facility available (including kiosk guards, service roads, or parking); 4.3.Authorized campus officials determine the event has a substantial likelihood of interfering with campus functions or activities other than the functions and activities of the administrative unit making the event facility available; 5.4.The event is a dance as defined by this policy (as distinguished from a performance during which the performers are dancing) or a concert featuring amplified sound, at which a majority of the audience is not seated; 40706434.1 12 Case 3:17-cv-02255-MMC Document 74-1 Filed 12/03/18 Page 27 of 37 UNIVERSITY OF CALIFORNIA, BERKELEY Policy on Major Events Hosted by Non-Departmental Users 6.5.Alcohol is intended to be served, unless the event is a memorial service reception attended by fewer than 300 people or is an event at the Lawrence Hall of Science, the Botanical Garden, Blake House, or Anthony Hall; or 7.6.Outdoor amplified sound is requested. Memorial Service: an event contemporaneous with the death of an individual attended by family and friends of that individual for purposes of sharing bereavement. Non-Departmental User: (1) An individual not currently employed by The Regents of the University of California, or an employee of The Regents of the University of California acting outside the course and scope of employment; or (2) A group, association, corporation, or other combination of individuals that is neither an academic nor administrative department of the University of California. Open to the Public: a term used to describe campus events that anyone may attend, including individuals who are not University of California faculty, staff, or students. Registered Student Organization: Registered student organizations, sponsored campus organizations, and affiliated campus organizations as further defined in the Berkeley Campus Regulations Implementing University Policies. Supervision: Direct, on-site responsibility for an event. University Property: Any building or outdoor facility owned or leased by The Regents of the University of California on behalf of its Berkeley campus. Related Documents and Policies Berkeley Campus Regulations Implementing University Policies: http://sa.berkeley.edu/campus-regulations University of California Policies Applying to Campus Activities, Organizations and Students (PACAOS): http://ucop.edu/student-affairs/policies/student-life-policies/pacaos.html 40706434.1 13 Case 3:17-cv-02255-MMC Document 74-1 Filed 12/03/18 Page 28 of 37 Appendix A: UC Berkeley Event Risk Grid STUDENT EVENT WORKSHEET DESCRIPTION OF EVENT Please fully describe the event. When is the event? Where will the event be held? NUMBER OF ATTENDEES (Participants & Spectators) UCPD - Security Assessment Over 1,000 500-1000 301-500 X X X Insurance (depending on nature of event) X X X X Waiver forms for participants? X X X X Open to the Public X Students and Invitees X College Students Only X UCB Students Only Invited Guest List X X X X X Certificate of Insurance Yes, and It's Free X Yes, for a Price X UCPD - Alcohol Permit X X TYPE OF ATTENDEES UCPD - Security Assessment Insurance (depending on nature of event) ALCOHOL AT EVENT ABC - PERMIT EVENT TIME UCPD - Security Assessment 40706434.1 300 and under None X Goes Past Midnight / Overnight Stay X Over by Midnight Over by 11pm X X Over by 10pm Held during Daylight Hours UNIVERSITY OF CALIFORNIA, BERKELEY Policy on Major Events Hosted 74-1 by Non-Departmental Case 3:17-cv-02255-MMC Document Filed 12/03/18Users Page 29 of 37 Off-Campus Location EVENT LOCATION Insurance (depending on nature of event) MARKETING/ PROMOTION UCPD - Security Assessment Insurance (depending on nature of event) PRICE Social Media/Open to Public X If the location requires Social Media /Closed Group Other Campus Location Central Campus or Residence Hall General Assignment Classroom X X X Closed Group Word of Mouth No Promotion Free, Closed Group Under 300 Attendees X Free, More than 300 Attendees Cash handling precautions $1 to $10 $11 to $24 $25 or More X X X Yes, a Nationally Recognized Personality/ Performer Yes, a Local Personality/ Performer UCPD - Security Assessment X X Insurance- required X X CELEBRITY/ PUBLIC FIGURE MINORS Insurance- required Accidental Injury report form Authorization for consent to treatment of minors form Emergency Contact Information Waiver forms from parents 40706434.1 Kindergarten5th Grade X Sixth-Eighth Grade X Ninth-Twelfth Grade X 17 years old, Non-Affiliate X X X X X X X X X X X X X X X X X 15 No 17 Years Old, UC Student UNIVERSITY OF CALIFORNIA, BERKELEY Policy on Major Events Hosted 74-1 by Non-Departmental Case 3:17-cv-02255-MMC Document Filed 12/03/18Users Page 30 of 37 EH&S - Food permit Cooking/ Open Flame X EH&S - Fire permit X Insurance X From vendor Personal Vehicles Taking Passengers Private Plane or Boat Personal Vehicles with no Passengers From driver From owner FOOD TRANSPORTATION Insurance Valid Driver's License X DMV pull and driver safety review X NON-FOOD VENDORS/ OTHER FINANCIAL CONSIDER-ATIONS 40706434.1 Catered/ Delivered Bounce Houses and Other DJ or Band Physical Activities Insurance from Insurance from vendor vendor Pre-Packaged Only No Food Public Transportatio n/ Commercial Plane None Donations, Philanthropic Appeals, etc. Cash handling precautions 16 None Case 3:17-cv-02255-MMC Document 74-1 Filed 12/03/18 Page 31 of 37 Appendix B: Campus Event Planning Timeline EVENT SERVICES TIMELINE Item Due date Org type 6 weeks prior All Contact Facility 6 weeks prior RSO Submit Event Registration Form 6 weeks prior All Submit Event Security Assessment Form to UCPD 5 weeks prior ALL 5weeks prior RSO 4 weeks prior 2 weeks prior or more All RSO Meet with UCPD for security plan meeting Meet with ASUC Event Services Coordinator Event Coordination Meeting with Facility Event Coordinator, if needed Submit Publicity Material to eventreview@berkeley.edu 1 week prior All Certificate of Insurance Due UCPD Special Events Webpage UCPD Special Events Webpage Events Policy: RSO Student Groups: Policy Student Groups: Policy Student Groups: Policy 1 week prior All Approvals for amplified sound from Building Coordinator, Event Services Campus Regulations 2 days prior All Request for Amplified Sound for Savio Steps provided without charge UCPD Cancellation without charge; minimum 3-hour charge if less than 24hour notice Campus Regulations 1 day prior All 1 week after 1 week after All All 1 week after RSO 1 week after Campus Depts. 2 weeks after RSO 4 weeks after All 40706434.1 Policy Event Policy: RSO Event Policy: RSO UCPD Special Events Webpage ASUC Student Damages/cleaning charges assessed after Union Building event, charges sent to client. Policy/Procedure Invoices generated, sent via email Source? ASUC Student RSOs invoiced for costs, due within 14 Union Building days Policy/Procedure ASUC Student Campus departments charged chartstrings Union Building (within) Policy/Procedure Balance due within; privileges revoked Student Groups: until payment received Policy Past due on ASUC SU invoices not allowed ASUC Student to make reservations, subject to Union Building cancellation Policy/Procedure Case 3:17-cv-02255-MMC Document 74-1 Filed 12/03/18 Page 32 of 37 UNIVERSITY OF CALIFORNIA, BERKELEY Policy on Major Events Hosted by Non-departmental Users Appendix C: Selected List of Campus Event Spaces and Contacts LOCATION ALUMNI HOUSE  Patio  Toll Room  Bechtel Room  President's Room  Sibley Room ASUC EVENT SERVICES         INDOOR VENUES Anna Head Alumnae Hall Pauley Ballroom Stephens Lounge Kerr Lobby Tilden Bay View Anthony Hall Grad Student & Public space Career Center – Public space only CONTACT INFORMATION reservations@alumni.berkeley.e du WEBSITE http://alumni.berkeley.edu/e vents/alumni-house-rentals eventservices@berkeley.edu http://eventservices.berkeley .edu/              OUTDOOR VENUES Barrows Courtyard Campanile Esplanade Dwinelle Plaza Faculty Glade Krober Plaza Lower Sproul Plaza Memorial Glade Sather Gate Crescent Savio Steps Upper Sproul VLSB Lawn West Crescent Wheeler Plaza BERKELEY ART MUSEUM AND PACIFIC FILM ARCHIVE THEATER bampfarentals@berkeley.edu http://bampfa.org/about/faci lity-rental BOOTH AUDITORIUM, BOALT HALL SCHOOL OF LAW roomplanning@law.berkeley.ed u https://www.law.berkeley.ed u/room-reservations/ BOTANICAL GARDEN gardenrentals@berkeley.edu http://botanicalgarden.berke ley.edu/rentals     Conference Center Julia Morgan Hall Mather Redwood Grove & Amphitheater The Garden of Old Roses 40706434.1 18 Case 3:17-cv-02255-MMC Document 74-1 Filed 12/03/18 Page 33 of 37 UNIVERSITY OF CALIFORNIA, BERKELEY Policy on Major Events Hosted by Non-departmental Users CALIFORNIA MEMORIAL STADIUM      University Club Stadium Club Chancellor's Box Field Club Goldman Plaza CAL PERFORMANCES FACILITY RENTALS     Hearst Greek Theatre Wheeler Auditorium Zellerbach Auditorium Zellerbach Playhouse CLARK KERR CONFERENCE CENTER  Joseph Wood Krutch Theater  Garden Room  Warren Wilkerson Room  Johnson Room  John Kearney Room  Courtyard CLASSROOM RESERVATIONS (Office of the Registrar) 40706434.1 CMSevents@berkeley.edu http://www.californiamemor ialstadium.com/ events@calperfs.berkeley.edu http://facilities.calperfs.berk eley.edu/rental.php Berkeley Events & Conferences, meethere@berkeley.edu, 6424444 http://eventsandconferences .berkeley.edu/ WeekendRes@Berkeley.edu http://sisproject.berkeley.ed u/classroom/reservations 19 Case 3:17-cv-02255-MMC Document 74-1 Filed 12/03/18 Page 34 of 37 UNIVERSITY OF CALIFORNIA, BERKELEY Policy on Major Events Hosted by Non-departmental Users COLLEGE OF ENGINEERING coe-facilities@coe.berkeley.edu http://engineering.berkeley.e du/about/facilities 510-642-3255 https://facilities.berkeley.edu/ departments/peoples-park FACULTY CLUB events@berkeleyfacultyclub.co m https://www.berkeleyfaculty club.com/Default.aspx?p=Dy namicModule&pageid=34691 6&ssid=249911&vnf=1 RECREATIONAL SPORTS FACILITY RENTALS recschedule@berkeley.edu https://recsports.berkeley.ed u/rentals/ BECHTEL ENGINEERING CENTER  Garbarini Lounge  Sibley Auditorium  Trefethen Terrace  Classroom 240 HEARST MEMORIAL MINING BLDG  Banatao Room, 290  Moore Lobby O’BRIEN HALL  East Esplanade McLAUGHLIN HALL  East Entry Plaza PEOPLE’S PARK         Blue Gym and Gold Gym at the Recreation Sports Edwards Stadium Facility (RSF) Kleeberger Field House Golden Bear Rec Center Golden Bear Softball Field Maxwell Family Field Strawberry Canyon Pool Strawberry Canyon Recreation Area – Club House 40706434.1 20 Case 3:17-cv-02255-MMC Document 74-1 Filed 12/03/18 Page 35 of 37 UNIVERSITY OF CALIFORNIA, BERKELEY Policy on Major Events Hosted by Non-departmental Users HAAS SCHOOL OF BUSINESS FACILITY RENTALS roomres@haas.berkeley.edu http://www.haas.berkeley.ed u/facilities/rooms/roomrenta ls.html INTERNATIONAL HOUSE ihevents@berkeley.edu http://ihouse.berkeley.edu/e vents/ JACOBS HALL jacobsinstitute@berkeley.edu http://jacobsinstitute.berkele y.edu/our-space/rent/ LAWRENCE HALL OF SCIENCE hallrentals@berkeley.edu http://www.lawrencehallofsc ience.org/visit/facility_rental RESIDENCE HALLS Conference Services (summer only) meethere@berkeley.edu http://conferenceservices.be rkeley.edu/ Unit 1  Freeborn, Putnam, Deutsch, and Cheney Hall, Central, Christian Hall, Slottman Hall Unit 2  Cunningham, Davidson, Griffiths, Ehrman Hall, Wada Hall, Towle Hall Unit 3  Norton, Spens-Black, Priestley, Ida Sproul Hall, Beverly Cleary, Rec Room, Library Unit 4  Foothill & Stern (multiple rooms) PHOEBE HEARST MUSEUM pahma-rentals@berkeley.edu http://hearstmuseum.berkel ey.edu/community/rentals SUTARDJA DAI HALL rooms@citris-uc.org http://citris-uc.org/reserve-aroom/     Arthur Andersen Auditorium Bank of America Forum Courtyard Wells Fargo Room 40706434.1 21 Case Document 74-1 Filed 12/03/18 Page 36 of 37 EXHIBIT Case 3:17-cv-02255-MMC Document 74-1 Filed 12/03/18 Page 37 of 37 UCPD Fee Schedule for Events Scheduled through ASUC Event Services or the Registrar 1 Minimum Security Required for Events 2 Type of Event Venue Capacity Dance 4 Concert Lecture / Speeches Conference Ceremony Social Celebration < 50 50 - 300 > 300 < 50 50 - 300 > 300 < 50 50 - 300 > 300 < 50 50 - 300 > 300 < 50 50 - 300 > 300 < 50 50 - 300 > 300 < 50 50 - 300 > 300 Venue Staffing 1 SPO 2 SPO 1 Ofc., 4 SPO No Charge No Charge No Charge No Charge No Charge No Charge No Charge No Charge No Charge No Charge No Charge No Charge No Charge No Charge No Charge No Charge No Charge No Charge If Event Involves Cash Handling 3 If Metal Detector are requested by event sponsor 1 Officer at minimum 2 CSOs per unit 1 Officer at minimum 2 CSOs per unit 1 Officer at minimum 2 CSOs per unit 1 Officer at minimum 2 CSOs per unit 1 Officer at minimum 2 CSOs per unit 1 Officer at minimum 2 CSOs per unit 1 Officer at minimum 2 CSOs per unit UCPD Current Recharge Rates 5 Assigned Staff Police Sergeant 6 Police Officer Security Patrol Officer (SPO) Community Service Officer (CSO) 1 2 Minimum Hourly Charge 3 hours 3 hours 4 hours Not Applicable Recharge Rate $235.50 / hr. $213.00 / hr. $82.50 / hr. $36.00 / hr. When facility to be used by a Registered Student Organization (RSO). Requirement is a minimum for staffing and does not include fees for increased UCPD services requested by the event sponsor. Venue mandated security, such as after-hour use of Banatao Auditorium in the Sutardja Dai Hall, is a separate requirement from UCPD Fee Schedule. Event sponsors should independently confirm whether the location that the event sponsor is considering reserving mandates security in excess of that set forth in this UCPD Fee Schedule. 3 Officer duties will be isolated to security of cash only. 4 For dances only, perimeter security will be required when an event sponsor (or a predecessor organization) has on previous occasion demonstrated an inability to self-secure event. These fees will not be charged to event sponsors who have a demonstrated record of securing their dances or when an event sponsor (and its predecessor organizations) have never produced a dance event. 5 UCPD recharge rates increase annually at the start of each fiscal year due to increased salary and benefit costs. 6 Events requiring 4 or more police officers will require a police sergeant to be assigned. 40706420.1