Unmanned Aircraft Systems (UAS)/Drone Policy

I. Scope

This policy applies to all employees, volunteers, students, vendors, and all visitors that acquire or seek to operate a UAS on any IWU property or at any IWU-sponsored event.

II. 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. As an owner and commercial user of UAS, Indiana Wesleyan University has established procedures commensurate with FAA guidelines to ensure compliance with those legal obligations and to reduce risks to safety, security, property, and privacy.

III. Reason for the Policy

Indiana Wesleyan University must comply with FAA requirements, state law, and any other locally applicable laws or regulations regarding UAS. Inherent risks in the operation of such equipment require additional insurance provisions and special policy considerations.

IV. Procedures

1. All members of the IWU community and third parties are personally responsible for complying with FAA regulations, state and federal laws, and University policies
2. UAS are not to be flown over people, as the UAS and their components do fail.
3. Any University employee or student wishing to operate an unmanned aircraft systems (UAS) as part of their University employment or as part of an University program must first obtain a 333 exemption or Certificate of Waiver or Authorization (COA) issued by the FAA. Risk Management and Legal Affairs is the FAA account holder for COAs for IWU and must process all applications on a case-by-case basis. Risk Management and Legal Affairs shall also serve as the official repository of all FAA Grant of Exception documents.
4. Any University employee, student, or unit purchasing a UAS (or the parts to assemble a UAS), or UAS services with university funds or funds being disbursed through a university account, or grant funds, must contact Risk Management and Legal Affairs in order to assess the University’s ability to obtain a COA, other necessary FAA exemptions, or meet local compliance requirements. Upon providing all applicable documentation, Risk Management and Legal Affairs will issue a Certificate of Approval for UAS Operation, which must be in the possession of the OIC at all times while flying on IWU property.
5. Any third party or hobbyist wishing to use a UAS or model aircraft over University property must first receive approval through Risk Management and Legal Affairs. Third parties planning to use UAS must also provide proof of FAA approval. In addition, operation of a UAS by a third party or hobbyist over University property must be under a contract which holds the University harmless from any resulting claims or harm to individuals and damage to University property and provides insurance as required by Risk Management and Legal Affairs.
6. For UAS under .55 pounds (8.8 ounces), FAA registration and a Certificate of Approval for UAS Operations from Risk Management and Legal Affairs is not required; however, users must abide by all other FAA and safety guidelines in this policy.
7. UAS shall not be used to monitor or record areas where there is a reasonable expectation of privacy, or where a person can reasonably be expected to disrobe. These areas include but are not limited to restrooms, shower rooms, locker rooms, mothering/lactation rooms, individual residential rooms, residential hallways, residential lounges, changing or dressing rooms, and all medical treatment areas.
8. UAS shall not be used in any way to harass people or animals.
9. UAS users must be thirteen (13) years old or older.
10. UAS shall not be used to monitor or record events involving minors without first consulting with and receiving approval from Risk Management and Legal Affairs.
11. UAS shall not be used to monitor or record sensitive institutional or personal information which may be found, for example, on an individual's workspaces, on computer or other electronic displays.
12. For any UAS use, a certified Pilot-In-Command (PIC) is required with the minimum of one or more Visual Observers, who shall not have any other collateral duties. The PIC must be in possession of the FAA registration for the UAS, the PIC certification, and the Certificate of Approval for UAS Operation from Risk Management and Legal Affairs.
13. UAS shall not be operated in a manner that creates a hazard to other persons or their property, remaining at least 500 feet away from individuals and vulnerable property.
14. UAS shall fly no higher than 400 feet and remain below any surrounding obstacles.
15. UAS must remain in the eyesight of the PIC and Visual Observer at all times.
16. UAS shall not enter any other property or create a nuisance on, or survey any other property, without the express permission from the affected landowner.
17. UAS shall remain well clear of and not interfere with manned aircraft operations, and the PIC and Visual Observer must see and avoid other aircraft and obstacles at all times.
18. The UAS shall be labeled with the owner’s contact information and FAA registration number, with markings as large as practicable.
19. If flying the UAS within 5 miles of an airport at an altitude over 200 feet, the operator shall contact the airport and control tower before flying. This includes the Marion Municipal Airport.
20. The PIC shall not fly the UAS in adverse weather conditions such as in high winds or reduced visibility. Night use is prohibited. Minimum weather visibility of 3 miles is required from the control station.
21. Under no circumstance is a UAS to be operated under the influence of alcohol and/or drugs.
22. UAS should be flown at safe speeds appropriate for the task and environment. In no circumstance are UAS to be flown over 57 miles per hour (50 knots).
23. Prior to utilizing the UAS, the operator is required to be competent and proficient in the operation of the unit and ensure the operating environment is safe.
24. UAS are not to be flown near or over sensitive infrastructure or property, including, but not limited to: power stations, nuclear reactors, water treatment facilities, correctional facilities, heavily traveled roadways, military bases, and government facilities.
25. UAS may not exceed 55 pounds.
26. UAS between .55 pounds and up to 55 pounds must be registered with the FAA. Failure to register subjects the user to civil and criminal penalties.
27. UAS are not to be flown from moving vehicles.
28. Due to U.S. government export control laws, UAS should not be taken out of the country or sent to foreign nationals without first consulting Risk Management and Legal Affairs.
29. UAS may not carry any hazardous material.
30. UAS operators must stay out of restricted airspace areas and must obey any FAA Temporary Flight Restriction.
31. No person may operate more than one UAS at any given time.
32. A person may not operate a UAS if he or she know or has reason to know of any physical or mental condition that would interfere with the safe operation of a UAS.
33. UAS may not operate over any persons not directly participating in the operation, not under a covered structure, and not inside a covered stationary vehicle.
34. UAS may not be used for the unapproved recording of individuals, performances, campus events, sporting events/athletic competitions, or for any unlawful purpose.
35. UAS may not be used around emergency responders or interfere in any way with law enforcement, firefighters, or emergency medical personnel operations.
36. UAS are subject to FAA inspections at any time.
37. Flight time is limited to 40 minutes or the amount of time the UAS can be flown and still maintain reserve battery power of no less than 25%, whichever occurs first.
38. No electronic messaging or texting is permitted during flight operations.
39. The PIC must perform both a pre and post flight inspection to ensure that the UAS is able to operate safely.

Accidents

1. In the event of an accident involving injury, seek immediate medical attention, and notify Campus Police and the Office of Risk Management and Legal Affairs as soon as possible of the incident.
2. In the event of property damage as a result of the UAS, contact Campus Police immediately if the damage occurs on the Marion campus, and local law enforcement if the damage occurs off of the Marion campus. In all situations, Risk Management and Legal Affairs should be notified as soon as possible.
3. Any serious injury, loss of consciousness, or property damage (to property other than the UAS) of at least $500, must be reported to the FAA within 10 days of any operation.

Moored Balloons, Kites, Unmanned Rockets, and Unmanned Free Balloons

1. Moored Balloons, Kites, Unmanned Rockets, and Unmanned Free Balloons fall under FAA Part 101 Regulations, which must be consulted and followed closely by all users.
2. For each of these units, the operator must:
   1. Not use the unit between sunset and sunrise;
   2. Not use within 5 miles of the boundary of an airport (includes all Marion campus locations);
   3. Not use in a manner that creates a hazard to other person or their property;
   4. Not allow an object to be dropped from the balloon, kite, or rocket if such action creates a hazard to other persons or their property;
   5. Provide the Air Traffic Control office at the nearest airport at least 24 hour notice of the unit’s proposed use; and,
   6. Consult Part 101 regulations for other requirements.
3. Due to the complexities of utilizing unmanned free balloons, users should consult with Risk Management and Legal Affairs prior to use.

V. Definitions

Indiana Wesleyan University Property: Buildings, grounds, and land that are owned by Indiana Wesleyan University or controlled by Indiana Wesleyan University via leases or other formal contractual arrangements to house ongoing IWU operations.

Certificate of Authorization (COA) or Waiver: According to the FAA, the COA is an authorization issued by the Air Traffic Organization to a public operator for a specific UA 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 UA 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.

333 Exemption: 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.

Unmanned Aircraft Systems (UAS): UAS are also known as or may be characterized as Drones. According to the FAA, a UAS is the unmanned aircraft and all of 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 applies to UAS regardless of size or weight. Model aircraft are not considered by the FAA as UAS and have different regulations.

Pilot-In-Command (PIC): The Pilot-In-Command (PIC) is the controller of the UAS, and is ultimately responsible for the safe operation of the UAS. PICs must have certification to fly the UAS on file with the Office of Risk Management and Legal Affairs and must abide by all applicable FAA and IWU policies when operating the UAS.

Visual Observer: A Visual Observer is one or more individuals assigned and required to assist the Pilot-In-Command in collision avoidance by identifying hard-to-detect obstacles such as power lines, guy wires, or antennas. Visual Observers can also be used to monitor ground traffic, including both people and vehicles, so that the PIC can maneuver away from them to protect them in the event of an unexpected failure of the UAS. Visual Observers are not to have any other collateral duties while assisting the PIC.

Model Aircraft: Model aircraft are considered differently by the FAA than other UAS and have different regulations. Model aircraft are not for business purposes, only for hobby and recreation. Use of UAS related to Indiana Wesleyan University does not qualify under the model aircraft regulations. Model aircraft must be kept within visual sightline of the operator, and should weigh under 55 pounds unless certified by an aeromodeling community-based organization. Model aircraft must be flown a sufficient distance from populated areas and may not be used without Risk Management and Legal Affairs approval.

VI. Sanctions

1. 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.
2. Legal prohibitions regarding physical presence on campus/trespassing and other legal action may also be pursued against third parties that operate UAS in violation of this policy.
3. Fines or damages incurred by IWU individuals or units that do not comply with this policy will not be paid by Indiana Wesleyan University and will be the responsibility of those persons involved.