Unmanned Aircraft System (UAS) Policy

Policy Statement

SUNY Brockport will comply with current FAA regulations and best management practices to ensure the safety and privacy of SUNY Brockport students, faculty, staff, and visitors. In accordance with the Federal Aviation Administration’s Small Unmanned Aircraft Systems (UAS) Regulations (Part 107), this policy highlights the methods by which SUNY Brockport will achieve compliance. Any new governmental regulations will supersede SUNY Brockport policy statements when those regulations are more stringent.

Purpose/Scope

The purpose of this Unmanned Aircraft System (UAS) Policy is to establish the SUNY Brockport oversight requirements for UASs, commonly known as drones, and includes Small Unmanned Aircraft Systems (SUASs) and Model Aircraft.

Applicability

This policy applies to all UAS Operators, including Recreational, Registered Student Organizations, and Non-University Business Operators, as defined below. Any of the identified groups who seek to operate an UAS at SUNY Brockport or for any Authorized University Activity must receive written approvals in advance in accordance with this policy.

Alternate requirements are outlined in the Policy Procedures section of this policy for the following SUNY Brockport entities: the Office of University Communications, the Athletic Communications Office, and academic departments’ University Credit Course offerings (under the supervision of the course instructor).

Definitions

Accident — Any incident that causes damage to persons or property.

Adverse Event — Any incident that may potentially cause an accident, including near misses, non-damage collision incidents, etc.

Authorized University Activity — Any SUNY Brockport program, function, or activity that involves or supports the educational, research, or public service mission, or any other non-recreational University-sanctioned, -approved, -hosted, or -affiliated activity or event, whether or not it occurs at a University Location.

Designated Campus Authority — SUNY Brockport University Police are the single point of contact for overseeing the development, implementation, and compliance of this policy, and any SUNY Brockport UAS policies and procedures.

Federal Aviation Administration (FAA) — A division of the Department of Transportation that inspects and rates civilian aircraft and pilots, enforces the rules of air safety, and installs and maintains air navigation and traffic control facilities.

Locations where there is a reasonable expectation of privacy — Examples include, but are not limited to, restrooms, locker rooms, student housing, and health treatment and medical facilities.

Model Aircraft — An unmanned aircraft that is capable of sustained flight in the atmosphere, flown within the visual line of sight of the person operating the aircraft, and flown for hobby or recreational purposes. FAA registration and appropriate marking may be required prior to any model aircraft flight operation, depending on the weight of the model aircraft.

Non-University Business Operator — An individual, public entity, or private entity that is not employed by, affiliated with, or hired to perform services for, SUNY Brockport and operates and/or sponsors the operation of UASs for commercial or recreational purposes not related to an Authorized University Activity. For example, a local high school sponsoring a “Drone Derby” on campus grounds would be considered a Non-University Business Operator. A news organization using UASs to take photographs or videos of a campus event would also be considered a Non-University Business Operator. However, an operator hired by the campus to take photographs of a campus event for an Admissions Office brochure would be considered a University Business Operator.

Office of University Communications — The Office of University Communications promotes the mission, reputation, and identity of SUNY Brockport through targeted marketing strategies and tactics, positive publicity generated in traditional and new media, and/or print and electronic communications.

Operator — The individual who exercises authority over initiating, conducting, or terminating the flight of an UAS.

Recreational Operator — An individual, public entity, or private entity that operates and/or sponsors the operation of UASs for personal interest and enjoyment and not for commercial or business purposes. For example, using an UAS to take photographs for personal use would be considered recreational; using the same device to take photographs or videos for compensation or sale to another individual would be considered a commercial operation. The FAA considers students as recreational operators when operating UASs for recreational purposes at educational institutions or when operating UASs in furtherance of their education.

Registered Student Organizations — Any student-driven group whose primary membership and entire leadership consists of students currently enrolled at SUNY Brockport, formed to contribute to the students’ personal development and the advancement of the University’s mission, is non-credit bearing, and is officially registered by SUNY Brockport, according to the Student Organization Affiliation Policy.

Restricted Area — Any area within a SUNY Brockport location that has been designated by the SUNY Brockport University Police as an area from, or in, which UASs may not be operated.

Small Unmanned Aircraft System (SUAS) — An unmanned aircraft weighing less than 55 pounds and its associated elements (including communication links and the components that control the small, unmanned aircraft) that are required for the safe and efficient operation of the small, unmanned aircraft in the national airspace system.

Temporary Flight Restrictions (TFR) — A certain area of airspace where air travel is limited by the FAA because of a temporary hazardous condition, a security-related event, or other special situations.

University Business Operator — An individual, public entity, or private entity that is employed by, affiliated with, or hired to perform services for, SUNY Brockport and operates UASs for purposes related to an Authorized University Activity.

University Credit Course Offerings — Any SUNY Brockport-offered course that is credit-bearing and requires students to take part in, or are instructed in, the use and operation of UASs (under the supervision of the course instructor).

University Location — Any property or building that is owned or leased by SUNY Brockport.

Unmanned Aircraft System (UAS) — An aircraft and its associated elements (including communication links and the components that control the unmanned aircraft) operated without the possibility of direct human intervention from within or on the aircraft.

Policy Procedures

General Procedures

Operation of any UAS at any University Location or for any Authorized University Activity is prohibited, unless first approved by the SUNY Brockport University Police.

Outdoor UAS Operation Requests

All individuals, public entities, or private entities seeking to operate and/or sponsor the outdoor operation of UASs at the SUNY Brockport main campus or for Authorized University Activities must submit a completed Unmanned Aircraft System (UAS) Operation Request and Privacy Practices Agreement to the SUNY Brockport University Police at least 14 business days in advance of operation, and receive written approval from same.

Alternate requirements for the Office of University Communications, the Athletic Communications Office, and academic departments’ University Credit Course offerings (under the supervision of the course instructor): These entities must submit a completed Unmanned Aircraft System (UAS) Operation Request and Privacy Practices Agreement to the SUNY Brockport University Police at least five business days in advance of operation, and receive verbal approval from same.

In addition, Non-University Business Operators and Non-Student Recreational Operators must also apply for and receive a revocable permit from SUNY Brockport, in compliance with SUNY’s Use of Facilities by Non-Commercial Organizations Policy or Commercial Use Policy (Use of University Facilities for Commercial Purposes), as applicable, prior to operating and/or sponsoring the operation of UASs at any University Location.

SUNY Brockport University Police, the Designated Campus Authority, will review and process the request and notify the applicant if the request is approved, denied, or will require further information. The request must be reviewed for the following:

• Compliance with applicable laws, regulations, and policies
• Impacts to public safety
• Impacts to privacy
• Compliance with insurance requirements – The Office of Procurement and Payment Services must sign off, validating that the University has received the required insurance documents

Indoor UAS Operation Requests

Requests for indoor UAS operation in any SUNY Brockport building must be made via the Unmanned Aircraft System (UAS) Operation Request and Privacy Practices Agreement at least 21 business days in advance of operation and will be considered on a case-by-case basis. Indoor UAS operation requests will require the written approval of SUNY Brockport University Police as well as the Director of Facilities, the Director of Environmental Health and Safety, and the University’s Emergency Manager. Once approved by all parties, the Emergency Manager will notify the Building Coordinator of the building where the UAS operation will take place and apprise them of the flight details. This will ensure that building systems, including fans, fire suppression systems, etc., will not be impacted by the UAS indoor operation, and will ensure that the operation date/time, pilot’s name, license number, and other pertinent information have all been communicated to the appropriate University officials.

Alternate requirements for the Office of University Communications, the Athletic Communications Office, and academic departments’ University Credit Course offerings (under the supervision of the course instructor): These entities must submit a completed Unmanned Aircraft System (UAS) Operation Request and Privacy Practices Agreement to the SUNY Brockport University Police at least five business days in advance of operation, and receive verbal approval from same.

For academic departments, the appropriate representative to complete the request form could be the Dean or Associate Dean, Department Chair or Vice Chair, or the Course Instructor that will be operating the UAS as part of a University Credit Course offering.

Approved UAS Operation Requests

Once approved, operators must follow the requirements of this policy as well as all applicable laws and regulations.

A copy of the approval must always be in the possession of the operator during the activity and must be presented to any University official or representative with authority over the activity, upon request.

UASs may not be used to monitor or record activities in locations where there is a reasonable expectation of privacy.

UASs must not be used for unapproved recordings of any campus events or performances, or any unlawful purpose.

Operators may be required to submit a completed UAS Post Flight Report to the SUNY Brockport University Police within 72 hours of operation. Any adverse event or accident must be reported to SUNY Brockport University Police and appropriate regulatory and law enforcement agencies immediately.

Any requests for exemptions from this policy must be submitted to, and approved by, the SUNY Brockport University Police.

Registration of UASs

UASs operated at University Locations or for Authorized University Activities must be registered in accordance with all applicable laws, regulations, and requirements, unless otherwise specified in this policy.

Registration documents for University-owned UASs must be submitted to the SUNY Brockport University Police prior to operation.

Indemnification and Liability Insurance

Recreational Operators, Non-University Business Operators, and operators hired to perform services for the University must provide a written agreement that indemnifies and holds the State of New York, the State University of New York, and SUNY Brockport harmless from any and all damages, expenses, claims, judgments, liabilities, losses, awards, and costs which may finally be assessed against the State of New York, the State University of New York, or SUNY Brockport in any action for, arising out of, or related to UAS operation.

SUNY Brockport students operating UASs in furtherance of their education are exempt from this requirement.

Recreational Operators, Non-University Business Operators, and operators hired to perform services for the University must have General Liability Insurance covering the liability of the operator for bodily injury, property damage, and personal injury arising from all operation in the amount of $2,000,000 per occurrence / $2,000,000 in the aggregate, with minimum coverage limits of $2,000,000, and naming the State of New York, the State University of New York, and SUNY Brockport as additional insured. A certificate of insurance demonstrating proof of coverage must be submitted to the Designated Campus Authority in advance of any UAS operation.

SUNY Brockport students operating UASs in furtherance of their education are exempt from this requirement.

Recreational Operators, at the discretion of the Designated Campus Authority, *may* be exempt from the liability insurance requirement if the Designated Campus Authority determines that the proposed recreational use poses minimal risk to the health and safety of persons, property, or the environment and/or that the cost of liability insurance would pose an undue hardship to the Recreational Operator.

Links to Related Procedures and Information

Commercial Use Policy (Use of University Facilities for Commercial Purposes) - SUNY

Federal Aviation Administration’s Small Unmanned Aircraft Systems (UAS) Regulations (Part 107)

Unmanned Aircraft System (UAS) Operation Request and Privacy Practices Agreement - SUNY Brockport

Use of Facilities by Non-Commercial Organizations Policy - SUNY

Contact Information

Emergency Manager

History (in descending order)

Approval

This policy was approved by President’s Cabinet on 2023-05-08