Policy 8:10 - Unmanned Aircraft Systems (UAS) | South ��ֱ�� State University

Policy 8:10 - Unmanned Aircraft Systems (UAS)

Email 605-688-5248

Policy Contact: Risk Management

Purpose
This policy and its procedures implement SDBOR Policy 1.7.3 and set forth the appropriate and lawful operation and uses of Unmanned Aircraft Systems (“UAS”) at the University.
Definitions
1. Airspace: The air available to aircraft to fly in. See the FAA regulations and policy for more information and airspace classifications.
2. Certificate of Authorization (“COA”): Pursuant to Federal Aviation Administration (“FAA”) regulations, the COA is an authorization issued by the Air Traffic Organization to a public operator for a specific UAS activity.
3. Civil Operations: Any UAS operations that are not “public operations” are civil operations. All UAS operations for commercial purposes, including University business, teaching, and research, unless otherwise noted herein, are civil operations.
4. Institutional UAS Use: Any UAS operation by University employees or students as part of their University employment or as part of a University program.
5. Part 107: FAA final rule on Operation and Certification of Small Unmanned Aircraft Systems, 49 CFR Part 107 and any amendments thereto. This rule governs civil operations of small UAS weighing less than 55 pounds by a Remote Pilot in Command or under the direct supervision of a certified Remote Pilot. Part 107 does not apply to model aircraft.
6. Section 333 Exemption: FAA Exemption from certain approval requirements based on Section 333 of the FAA Modernization and Reform Act of 2012 and any amendments thereto, 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.
7. University Property: Any property owned, leased, or operated by or for the University, or on the campus of the University.
8. Unmanned Aircraft System or Drone ("UAS"): Unmanned aircraft and their associated elements (including communication links and the components that control the unmanned aircraft) that are required for the pilot in command to safely and efficiently operate the unmanned aircraft.
9. Jackrabbit UAS Management Program (J.U.M.P.): The UAS program managed by the University Office of Risk Management.
Policy
1. UAS and their operations are regulated by the Federal Aviation Administration (“FAA”), and all UAS operations on University Property must comply with SDBOR Policy 1.7.3 and applicable local, state, and federal laws and regulations.
2. UAS operations by the University’s students, employees, and their agents must comply with federal and state laws, FAA regulations, and applicable policies.
  1. Institutional UAS Use will be conducted in accordance with Part 107, pursuant to a Section 333 exemption, or a Certificate of Authorization (“COA”) from the FAA. Individuals will work with the Risk Management Coordinator, or successor position, to obtain proper insurance coverage.
  2. All contractors conducting contracted UAS operations for the University will be given authorization under Part 107, pursuant to a Section 333 exemption, or COA from the FAA. Contractors must provide the Risk Management Coordinator, or successor position, with proper proof of insurance evidencing insurance coverage. The default coverage limit shall be $1,000,000 minimum coverage per occurrence, but the University may approve a different coverage limit, provided such limit is stated in the contract.
3. The University will comply with the requirements of organizations with which they participate. Where the organization requires UAS no-fly over a qualifying event, such as for NCAA Division I athletics events, the event will be stopped until the UAS flight has ended.
4. The Risk Management Coordinator, or successor position, is designated as the University's individual to assume responsibility for overseeing institutional UAS compliance. The Risk Management Coordinator's responsibilities include:
  1. Overseeing UAS compliance, including providing advice and guidance to the University and its stakeholders on purchasing and appropriate use of UAS on and off University Property;
  2. Assisting with obtaining applicable UAS no-fly designations;
  3. Establishing and maintaining inventory of University UAS;
  4. Ensuring state required UAS insurance coverage.
5. The University's Property Management Office is responsible for assigning University serial numbers to UAS and for maintaining a list of active and inactive UAS at the University.
6. The Division of Research and Economic Development is responsible for reviewing UAS export control and research use elements for Institutional UAS Use.
7. Institutional UAS Use Pursuant to Part 107
  1. Any Institutional UAS Use permissible under Part 107 may be declared a Civil Operation and conducted in accordance with Part 107. Authorization to fly may be given by the Risk Management Coordinator, or successor, upon completion of the documentation necessary to demonstrate compliance with the provisions of this policy and with the Part 107 pre-flight requirements.
  2. Operators must comply with all Part 107 requirements and restrictions, except to the extent that a waiver has been granted by the FAA and approved by the Risk Management Coordinator, or successor position.
8. Institutional UAS Use Pursuant to a COA
  1. The FAA may grant permission to the University to operate UAS, so long as their use qualifies as a government function under 49 U.S.C. § 40125 and any amendments thereto. If the University intends to operate UAS for a government function that cannot be conducted under Part 107, the University must apply for and be granted a COA from the FAA.
  2. Government uses for purposes of the COA include research in furtherance of core governmental functions, institutional security, facilities maintenance, institutional relations, and activities provided to the public at no cost incidental to the University's public service mission.
  3. The Risk Management Coordinator, or successor position, shall be responsible for determining if institutional UAS use conducted outside of Part 107 is necessary and appropriate, and if so, for pursuing a COA for such activity.
  4. COAs are only available to government agencies or public entities for operations that are considered public operations. COAs cannot be granted to the University for education or training since these applications are considered commercial in nature.
  5. A COA is granted to the University and not to a specific individual. Data acquired through the use of the UAS belongs to the University and not to an individual.
  6. Due to the potential legal and risk management issues involved in managing a COA, the Risk Management Coordinator, or successor, must conduct due diligence, considering the need, any available alternatives and the pros and cons associated therewith, prior to seeking a COA.
9. Institutional UAS Use Pursuant to a Section 333 Exemption
  1. If the University wishes to engage in Civil Operations that are not permissible under Part 107, and no waiver of the Part 107 regulation(s) preventing such operations is possible or the waiver has been rejected by the FAA, it must pursue a Section 333 exemption.
  2. The Risk Management Coordinator, or successor, is responsible for determining if Institutional UAS Use conducted outside of Part 107 is necessary and appropriate, and if so, for pursuing a Section 333 exemption for such activity.
10. The University may seek federal designation for temporary airspace restrictions as allowed by law.
11. To protect the safety and privacy of University stakeholders, unless an exception is granted by the Risk Management Coordinator, or successor, the University will not permit the following uses of UAS:
  1. Inside any University owned or leased building;
  2. Monitoring or recording private University spaces including, but not limited to offices, classrooms, labs, restrooms, locker rooms, individual residential rooms, dressing rooms, campus camp facilities, daycare facilities, and health treatment rooms; or
  3. Monitoring or recording sensitive institutional or personally identifiable information, which may be found, for example, on an individual's workspaces, computer, or other electronic displays.
12. The University maintains UAS available for check-out to employees through the Jackrabbit UAS Management Program (J.U.M.P.). Requests must be made to the Risk Management Coordinator, successor, or designee. The UAS must only be used for educational, research, or University-sponsored activities, and operators must undergo training prior to any check-out.
13. Noncompliant operation of UAS in violation of applicable laws or regulations may subject the UAS operator to civil or criminal penalties. Third party violations of applicable laws will be reported to law enforcement for engagement with federal enforcing agencies, and violations by institutional employees and contractors will be reported in accordance with applicable policies and law.
14. Operation of UAS in violation of this policy may result in disciplinary action consistent with SDBOR and University policies.
15. This policy and its procedures are to be read in conjunction with University and SDBOR policies regarding conduct while on University grounds and utilizing University resources. Failure to adhere to these policies, produce the application documentation when requested by University personnel, provide accurate information in an application, or operate the UAS safely may result in immediate revocation of UAS use authorization with or without notice.
Procedures
1. Institutional UAS Use
  1. University employees that intend to conduct Institutional UAS Use must complete a UAS Operations Request Form. The form will be routed to the employee’s supervisor, applicable dean, Facilities and Services, the Division of Research and Economic Development if export controls or research activities are involved, and finally submitted to the Risk Management Coordinator, or successor, for review and approval. If the UAS operation is not authorized under Part 107 and no waiver thereof was obtained, the requesting employee must also prepare a COA or Section 333 exemption application to be reviewed by the UAS Advisory Committee prior to routing a UAS Operations Request Form.
  2. The materials provided with application shall include at least the following:
    1. Identification of the type of Institutional UAS Use;
    2. An explanation and justification of the nature of the University function supported by the use of the UAS, objectives of the work to be undertaken, and other relevant information;
    3. Type of UAS to be used, including any applicable FAA registration identification, and the manner in which it will be operated;
    4. Type of data collected and plan for collected data;
    5. Flight and maneuver plan;
    6. Person(s) who will be operating, and as appropriate, observing the UAS and their proof of training and proof of operator and observer training;
    7. A description of personal safety equipment that will be used (indoor operations requests must be accompanied by a protocol that is complies with the current SDSU Environment Health and Safety UAS Indoor-use Safety Document);
    8. Schedule of the activities to be undertaken;
    9. Sources and nature of financial support;
    10. A plan for emergency and accident response;
    11. The creation and maintenance of logs of all flights and all data files collected;
    12. The creation and maintenance of operator file(s) and manuals with proof of training;
    13. Copy of FAA approved Part 107 waivers, if and when obtained, and
    14. A surety that adequate insurance will be obtained as set forth in this policy.
    15. Certification of compliance with applicable law and policies.
  3. The approved form will be returned to the requester and copied to the Risk Management Coordinator, or successor, and all approvers.
  4. The Risk Management Coordinator, or successor, will officially submit all COA, Section 333 exemption applications and no-fly requests, secure insurance coverage on behalf of the University, and will maintain oversight for the execution of approved waivers held by the University.
  5. The Risk Management Coordinator, or successor, will maintain a repository of successful COA and Section 333 exemption applications for new applicants, no-fly approvals, and insurance coverage documents to consult and will attempt to answer questions related to the FAA processes and direct University employees to other personnel who may be able to provide additional guidance. However, as noted above, the administrative unit proposing to use the UAS is responsible for completing the internal application checklist and drafting the applications.
2. Check-Out Process for University-Owned UAS
  1. Employees wishing to check out UAS for authorized use will contact the Risk Management Coordinator, successor, or designee. Once the proposed use has been initially approved, the employee or student must complete the J.U.M.P. Request Form for formal approval.
3. Purchase of UAS, Contracts for Third Party Operation, and Legal Services
  1. Purchase of institutional UAS insurance, equipment, software, and related items requires the prior approval by the Risk Management Coordinator, designee, or successor, and to the extent the purchase entails information technology systems resources, the Vice President for Technology and Security, designee, or successor as well as compliance with standard purchasing rules and regulations.
  2. Contracts for third party operations of UAS at the University are subject to this policy; all rules, regulations, and policies applicable to contracts; and final approval by the Risk Management Coordinator, or successor.
  3. Outside legal services for University COA and Section 333 exemption processing will be coordinated by the University's Office of General Counsel.
4. Reporting Obligations
  1. UAS operators and any observers are obligated to report accidents and emergencies involving UAS operations governed by this policy to the Risk Management Coordinator, or successor within twenty-four (24) hours of incident. Emergencies requiring immediate assistance should be reported to local emergency response and the University Police Department by calling 911.
  2. UAS operators governed by this policy are required to maintain records and logs as required for the lawful operation of the properly authorized UAS and maintain in accordance with record retention protocols and applicable law. UAS operators shall comply with all applicable reporting provisions.
Responsible Administrator
The Vice President and General Counsel, successor, or designee is responsible for biennial and ad hoc review of this policy and its procedures. The University President is responsible for approval of this policy.

Approved by President on 04/15/2016. Revised; Approved by President 02/06/2019. Revised; Approved by President 06/05/2020. Revised 01/31/2024 (clerical). Revised; Approved by President on 09/26/2025.

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Associated Forms: UAS Operations Request Form; J.U.M.P. Request Form

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Policy 8:10 - Unmanned Aircraft Systems (UAS)

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