47 NSU STUDENT HANDBOOK 2023-24 2.5.5.3. Any of the following grounds are present: 2.5.5.3.1. The application for permit contains a material falsehood or misrepresentation; 2.5.5.3.2. The applicant is legally incompetent to contract or to sue and be sued; or 2.5.5.3.3. The applicant has on prior occasions damaged institutional property and has not paid in full for such damage, or has other outstanding and unpaid debts to the institution. 2.5.5.4. Private parties whose prior conduct would justify denial of permission to use facilities or grounds may not avoid denial by creating new organizations, by associating themselves with other private organizations or by otherwise associating themselves with others for the purposes of avoiding denial of permission under this section. 2.5.6. A written denial shall advise private parties of their right to appeal the denial by filing a signed, written appeal with the official designated by the institutional chief executive officer to receive such appeals. Any denial issued pursuant to this policy shall be deemed effective upon the earlier of, actual communication to the applicant, transmission of an electronic message containing the written denial to the applicant, or deposit of the written denial in the United States mail. 2.5.6.1. The appeal must be presented on the approved form. 2.5.6.2. The person receiving the appeal shall not be the same official who issued the original denial 2.5.6.3. The completed written appeal must be presented within five (5) working days after the denial was issued. 2.5.6.4. The appeal shall state specifically facts that, if proven, would demonstrate 2.5.6.4.1. That the denial was based upon an incorrect assessment of material fact or 2.5.6.4.2. That it involved a misinterpretation, misapplication or violation of the requirements of Board or institutional policy. Mere conclusions, general allegations and speculative statements cannot establish a factual ground for the claim that Board or institutional policy has been misinterpreted, misapplied or violated. 2.5.6.5. The institution will respond to such appeals via email within two (2) working days after their receipt by the institution. Should the institution deny the appeal, it shall provide in its response the procedure for appealing the decision to the institutional chief executive officer. 2.5.6.6. If the private party remains dissatisfied, the private person may appeal to the institutional chief executive officer by filing a written appeal on the same approved form within five working days after the institution issued its response. 2.5.6.7. The institutional chief executive officer shall have ten (10) working days after receipt of such an appeal to conduct such an investigation as may be warranted under the circumstances and to issue a written decision addressing the concerns raised by the private party, determining whether denial was proper under §2.5.3, and, if the appeal is denied, informing the private party of the discretionary appeal to the Executive Director of the Board of Regents. 2.5.6.8. After exhausting institutional appeals, the private party may appeal the determination of the institutional chief executive officer by submitting a written appeal to the Executive Director of the Board of Regents within ten (10) working days from
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