F.48 Drone (Unmanned Aircraft) Use Policy‌

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PREMISE

This policy applies to the following:

  1. University of Southern Indiana (USI or University) employees and students operating unmanned aircraft systems (UAS) that are owned by USI and/or initiated takeoff from the USI main campus or any other USI property or from any location as part of their university employment or as part of University activities.
  2. The purchase, lease, rental, or acquisition of a UAS with funding through the University, including University accounts, grants or USI Foundation accounts.
  3. Any person launching, landing, or operating a UAS on or from university-owned, leased, or controlled property.

POLICY STATEMENT

The operation of UAS, including drones and model aircraft, is regulated by the Federal Aviation Administration (FAA) and relevant laws. The University will establish procedures in an effort to ensure compliance with such legal obligations and to reduce risks to safety, security and privacy.

REASON FOR POLICY

USI must comply with FAA requirements, state and local law and any other applicable laws or regulations regarding UAS. Inherent risks in the operation of such equipment require additional insurance provisions and policy considerations. For more information regarding UAS, visit the FAA website at http://www.faa.gov/uas.

DEFINITIONS

USI property: Buildings, facilities, grounds, and land that are owned by the University of Southern Indiana or controlled by the University via leases or other formal contractual arrangements to house ongoing USI operations.

COA: Certificate of Authorization or Certification of Waiver (as applicable). According to the FAA, the COA is an authorization issued by the Air Traffic Organization to a public Remote Pilot in Command (which include publicly funded universities) for a specific UAS activity. After a complete application is submitted, FAA conducts a comprehensive operational and technical review. If necessary, provisions or limitations may be imposed as part of the approval to ensure the UAS can operate safely with other airspace users. In most cases, FAA will provide a formal response within 60 days from the time a completed application is submitted.

Unmanned Aircraft Systems (UAS): UAS also are known as, or may be characterized as, drones. According to the FAA, a UAS is the unmanned aircraft and all the associated support equipment, control station, data links, telemetry, communications, and navigation equipment, etc., necessary to operate the unmanned aircraft. UAS may have a variety of names including quadcopter, quadrotor, etc. FAA regulation and this policy applies to UAS, regardless of size or weight.

Recreational UAS: An unmanned aircraft system operated solely for recreational purposes and not in furtherance of a business, institutional, research, instructional, or other commercial activity. Recreational UAS operations must comply with all applicable Federal Aviation Administration (FAA) requirements, including recreational flyer regulations, Remote Identification requirements, applicable airspace authorization requirements, and the safety guidelines of a recognized Community-Based Organization (CBO), where required.

PROCEDURES

  1. All USI employees and students are personally responsible for complying with FAA regulations including for Educational Users (https://www.faa.gov/uas/educational_users/) and UAS Remote Identification (https://www.faa.gov/uas/getting_started/remote_id/), in addition to state, federal, and local laws, and University policies.
  2. University-sponsored UAS operations must comply with all applicable FAA requirements. Depending on the nature of the operation, UAS activities may be conducted under FAA Part 107, a Certificate of Authorization or Waiver (COA), or another FAA-authorized operational framework. USI’s Risk Management office must be consulted and given a copy of the issued COA documents.
  3. Any University employee, student or department purchasing a UAS (or parts to assemble a UAS) with university funds or funds being distributed through a university account or grant funds must contact Risk Management to assess the University’s ability to obtain a COA, qualify for other necessary FAA exemptions and/or meet state and local compliance requirements.
  4. Recreational UAS operations must comply with all applicable FAA requirements, including 49 U.S.C. §44809, and any applicable FAA recreational flyer requirements and Community-Based Organization (CBO) safety guidelines.
  5. Any third party or hobbyist wishing to use a UAS or recreational UAS launching, landing, or operating from USI’s main campus or any USI owned property must receive approval through Risk Management as set forth in this policy. Third parties or hobbyists must also provide proof of all applicable FAA registration, Remote ID, and operational requirements https://www.faa.gov/uas/commercial_operators/ or https://www.faa.gov/uas/recreational_fliers/. Additionally, any hobbyist or third party who operates a UAS or recreational UAS launching, landing, or operating on USI property must execute documentation provided by the Risk Management office which holds the University harmless and indemnifies the University from any resulting claims, harm to individuals and/ damage to property, and provides insurance for the benefit of USI as required by Risk Management.
  6. Indoor operations remain subject to university safety, privacy, insurance, and approval requirements even where FAA airspace regulations may not apply.

  7. Operating a UAS on USI property is prohibited unless approved by Risk Management at least 72 hours prior to the planned UAS operation and, as long as all information requested in Section 7 below is submitted. Notifications are to be submitted in writing to Risk Management. Approval by USI’s Risk Management does not relieve the Remote Pilot in Command of the UAS or recreational UAS from individually obtaining and complying with all other necessary approvals required by the FAA, state, federal or local laws.

    The 72-hour notification requirement may be waived or shortened in emergency situations, with approval from Risk Management and USI Public Safety. However, approval by USI Risk Management does not constitute or replace compliance with FAA or other legal requirements.

  8. Remote Pilot in Command requirements:
    1. The Remote Pilot in Command must complete the Request for Drone Approval form: Request a Drone Approval - University of Southern Indiana
    2. The Remote Pilot in Command must provide a Flight Area Map to USI Risk Management
    3. Unless USI owned and operated, the Remote Pilot in Command must provide a Certificate of Insurance to USI Risk Management with the following insurance requirements:
      • Commercial General Liability: Minimum of $1,000,000 per occurrence with USI endorsed as additional insured.
      • Auto Liability: Prefer a $1,000,000 per occurrence, however, minimum required is $100,000 per person / $300,000 per occurrence covering “Any Autos” including owned, leased, non-owned and hired vehicles with USI endorsed as additional insured.
      • Workers’ Compensation: Statutory benefits applicable in state where work provided
      • Employers Liability: $1,000,000 (if your company carries less than this stated amount, please contact USI Risk Management directly at 812-465-7003)
      • Aircraft Liability: $1,000,000
      • USI must be endorsed as additional insured on all policies except for Workers Compensation and listed as Certificate Holder
  9. Approval by USI’s Risk Management for the operation of the UAS or recreational UAS, once given, may be suspended, modified, or revoked by the University if it is determined that the information provided is incorrect, incomplete or if circumstances have changed and a determination is made that the planned operation is not in the best interest of the University. The University also reserves the right to immediately order the cessation of any operation of UAS or recreational UAS on, from, or above USI owned, leased, or controlled property which is deemed to create a hazard or interference with USI property, any USI activity, the USI community, and/or emergency response. Except as may otherwise be provided herein, all Remote Pilots in Command of UAS or recreational UAS with operations on, from, or above USI property shall indemnify the University and shall hold the University harmless from any resulting claims, harm to individuals and/or damage to property.
  10. Nothing in this policy shall be interpreted to prohibit or delay UAS operations conducted by federal, state, or local law enforcement agencies, fire departments, emergency medical services agencies, emergency management agencies, or other governmental public safety entities acting within the scope of their official duties.

    To the extent practicable, such agencies should notify USI Public Safety or an appropriate University representative prior to conducting UAS operations on university property. However, advance approval under this policy shall not be required when the operation is undertaken in response to an emergency, exigent circumstance, active investigation, search and rescue effort, threat to public safety, or other law enforcement or public safety need.

PROHIBITED USES

  1. UAS shall not be used to monitor, observe, photograph, video record, or otherwise collect information in areas where there is a reasonable expectation of privacy in accordance with accepted social norms. These areas include, but are not limited to, restrooms, locker rooms, individual residential rooms, changing or dressing rooms and health treatment rooms.
  2. UAS shall not be used to monitor, observe, photograph, video record, or otherwise collect information in residential hallways, residential lounges or other locations where privacy interests are heightened.
  3. UAS shall not be used to access, collect, monitor, record, transmit, or disclose sensitive institutional, confidential, proprietary, protected, or personal information which may be found, for example, in an individual's workspaces, on computers or other electronic displays.
  4. The proposed operation of the UAS must not pose an unacceptable threat to safety, privacy, educational activities, business operations, or the environment.
  5. All images, video, photographs, mapping data, telemetry data, and other information collected through UAS operations shall be collected, stored, used, retained, shared, and disposed of in accordance with applicable law, University records management requirements, privacy requirements, and information security policies.

SANCTIONS

  • Any incident involving injury, property damage, loss of control, flyaway, or reportable FAA event shall be reported immediately to Risk Management and University Public Safety. Any required FAA reporting remains the responsibility of the Remote Pilot in Command.
  • Any violations of university policies by an individual 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 and/or restrictions regarding access to USI property. 
  • Legal prohibitions regarding physical presence on campus/trespassing and other legal action also may be pursued against third parties that operate UAS in violation of this policy. 
  • Fines or damages incurred by individuals or entities that do not comply with this policy, or other applicable federal, state or local regulations will not be paid by USI and will be the responsibility of those persons or entities involved.

No statement, action or omission of the University shall be considered to be a waiver of any right, including, but not by way of limitation, any failure of the University to insist upon the strict performance of term or condition of this policy, or to exercise any right or remedy consequent upon a breach thereof. No remedy hereunder shall be deemed exclusive, but shall, whenever possible, be cumulative with all other remedies at law or in equity.

QUESTIONS OR CONCERNS

For questions or concerns regarding this policy, contact Risk Management at USI1riskmgt@usi.edu or call 812-465-7003.

POLICY CHANGES

The University may make changes to this policy to comply with necessary legal and regulatory requirements. The University recommends that individuals review applicable FAA regulations and this policy occasionally to familiarize themselves with any changes or alterations.