Current through all regulations passed and filed through September 16, 2024
(A) Policy statement. The operation of
unmanned aircraft systems ("UAS"), including drones and model aircraft, is
regulated by the federal aviation administration ("FAA") and relevant state
law. Youngstown state university ("university") seeks to permit UAS's to be
utilized productively in a manner that fully meets institutional, legal, public
safety, and ethical responsibilities.
(B) Purpose. To provide direction to anyone
seeking to operate a UAS or model aircraft on or above university property or
as part of university employment or university activities.
(C) Scope. This policy applies to:
(1) Employees, students, and student groups
operating UAS's in any location as part of their university employment or as
part of university activities;
(2)
The operation by any person of UAS's or model aircraft on or above Youngstown
state university property;
(3) The
purchase of UAS's with funding through the university, including university
accounts, grants, or Youngstown state university foundation accounts;
and
(4) The hiring or contracting
for any UAS services by a university department, office, or unit.
(D) Definitions.
(1) "University property." Buildings,
grounds, and land that are owned, leased, licensed or otherwise controlled by
the university, including but not limited to any university air rights
recognized by federal or state law.
(2) "Unmanned aircraft system (UAS), unmanned
aircraft (UA), or drone." Any unmanned aerial vehicle and all of the associated
support equipment, control station, data links, telemetry, communications, and
equipment necessary to operate the unmanned aerial vehicle from a distance of
more than one foot via tether or remote control, including but not limited to
drones, planes, model aircraft, helicopters, blimps, balloons, or kites. For
purposes of this policy, collectively referred to as UAS.
(3) "Certificate of authorization (COA) or
waiver." An authorization issued by the air traffic organization ("ATO") of the
FAA to an operator for a specific UAS activity. A certificate of authorization
may contain provisions or limitations to ensure the UAS can operate safely with
other airspace users.
(4) "333
exemption." An FAA exemption based on section 333 of the FAA Modernization and
Reform Act of 2012 ("FMRA") which grants the secretary of transportation the
authority to determine whether an airworthiness certificate is required for a
UAS to operate safely in the national airspace system.
(5) "Model aircraft." Equipment used only for
hobby and recreation purposes and not for commercial purposes.
(6) "Operator." The pilot or individual who
is controlling, maneuvering, or commanding a drone, unmanned aircraft, unmanned
aircraft system, or model aircraft.
(E) Procedures.
(1) Any individual or group, including
university employees, students and student groups, seeking to operate a model
aircraft or UAS is
responsible for obtaining all required documentation and approvals for
compliance with FAA regulations, state and federal laws and university
policies. This policy applies to YSU operations both on
and off campus.
(2) The
university's office of environmental and occupational health and safety
("EOHS") shall be responsible for university procedures, approvals, and
instructions regarding UAS and model aircraft operation on university property
and for UAS operation pursuant to university employment or university
activities. Operators should contact EOHS for applicable forms and procedures.
(a)
Operator must
request prior approval from the EOHS at least two weeks in advance of the
proposed use of the UAS using the YSU UAS (drone) use application. Approval
will require submission of a flight plan, including date, time, and duration of
flight, as well as the operational area.
(b)
Operator must
possess a copy of the approved YSU UAS operations application at all times
during flight activity and present to YSUPD or university representatives upon
request.
(c)
If required, operator must obtain and provide a copy of
the FAA authorization to operate a UAS. Instructions for seeking FAA approval
and safe operation information are available at
www.faa.org/uas and
knowbeforeyoufly.org.
(d)
UAS must only be
operated by an employee as part of their employment or student as part of an
academic/research program.
(3) Any use of UAS or model aircraft over
university property other than by university students, employees, or vendors,
as part of university employment or activities, is only allowed after receiving
written approval from the EOHS, and is only permitted pursuant to a written
agreement which holds the university harmless from any resulting claims or harm
to individuals and damage to university property and provides proof of
insurance as required by EOHS.
(4)
If UAS's are being used to obtain photos, video, or sound for non-university
commercial purposes, university commercial use policies must also be followed.
In addition to all other requirements, permission for such use must be granted
in writing from the office of marketing and communications.
(5) UAS's shall be operated in a responsible
manner and shall not create a hazard to university owned or controlled
property, the university community, or the public at any time, and shall not be
operated in a way that disrupts instruction or unduly affects the environment
of people in or passing through a common space, those working or studying
within a building, or those entering, exiting or otherwise making their way
about a facility.
UAS may not operate over areas of
assembly, stadium, or populated areas without specific, prior approval from
EOHS.
(6) In
operating a UAS for purposes of recording or transmitting visual images,
operators must take all reasonable measures to avoid violations of areas
normally considered private and the unauthorized interception or recording of
images, electronic communications and electronic data.
(7) Any person who observes the use of any
UAS or model aircraft on university property should immediately notify the
university police department at 330-941-3527.
(8)
UAS purchase must
be coordinated with YSU procurement to ensure purchasing compliance, compliance
with export controls, and weight and wingspan limits for insurance
coverage.
(9)
YSU-owned UAS must be securely stored when not in use
and a checkout log maintained when UAS is in use.
(10)
Because the YSU
campus is near the Youngstown/Warren regional airport, notification may be
required.
(F)
Prohibited uses.
(1) UAS's and model aircraft
shall not be used to monitor or record areas where there is a reasonable
expectation of privacy in accordance with university policy and social norms.
These areas include but are not limited to restrooms, locker rooms, individual
residential rooms, changing or dressing rooms, and healthcare rooms.
(2) UAS's and model aircraft shall not be
used to monitor the inside of university facilities, including but not limited
to campus daycare facilities.
(3)
UAS's and model aircraft shall not be used to monitor or record sensitive or
personal information that may be found, for example, in an individual's
workspaces, on computer, or other electronic displays.
(G) Violations.
(1) Any violations of this policy will be
dealt with in accordance with applicable university policies and procedures,
which may include disciplinary actions up to and including termination from the
university for employees and sanctions for students up to and including
expulsion from the university.
(2)
Legal prohibitions regarding physical presence on campus, such as trespass, and
other legal action may also be pursued against third parties that operate a UAS
or model aircraft in violation of this policy.
(3) Fines or damages incurred by individuals
or units that do not comply with this policy will not be paid by the university
and will be the responsibility of those persons involved.