Solicitation on Campus                                                        UPPS No. 07.04.03
Issue No. 9
Effective Date: 03/30/2007

                                                                                                Review: December 1 E4Y

 

 

01.       POLICY STATEMENTS

 

01.01  The purpose of this UPPS is to set forth the University’s policy regarding solicitation on campus. This UPPS also contains the University’s policy regarding charitable raffles on campus.

 

01.02  In this UPPS “solicitation” means: (1) the sale or offer for sale of any property, goods, products, or services; or (2) the receipt of or request for any gift or contribution. Solicitation on campus is prohibited, except for the activities in Section 02.01.

 

01.03  In order to protect the financial resources of the institution and because the institution requires that certain services be provided to the students without the financial assistance of either university funds or student fees, Texas State has contracted with private vendors to provide services to all students, faculty, and staff. By contractual agreement, the University is required to regulate the sale of goods and services provided by these contractors. These arrangements enhance the educational quality of life at Texas State through lowered student fees, the provision of funds for facilities renovation and other activities. For these reasons, the University may restrict certain solicitations that negatively impact the relationships.

 

02.       SOLICITATION EXCEPTIONS

 

02.01  For the purpose of this policy, the following activities are exceptions:

 

a.   Advance approval by the Dean of Students (or designee) is required for on campus distribution of any type of publication which may or may not contain third party solicitation. This includes newspapers, magazines and other types of publications.

 

b.   The sale or offer for sale of food, drinks and other items through: (1) vending machines and (2) catering at locations approved in advance by the Director of Auxiliary Services. (The approval process for catered food is contained in UPPS No. 05.03.02, "Catered Events.")

 

c.   The sale or offer for sale of any publication of the University, or of any book or other printed material to be used in the regular academic work of the University.

 

d.   The operation by the University or its subcontractor of any bookstore, specialty store, laundry, cafeteria, or other service facility maintained for the convenience of the students, faculty or staff. Solicitation on campus directly by any other bookstore, or by another bookstore through a university-recognized organization, is expressly prohibited if it involves the sale of items similar to those found for sale at the University Bookstore. T-shirts offered for sale by a university-recognized organization must have printed on their T-shirt the logo or information unique to the organization.

 

e.   The sale or offer for sale by the University or its subcontractor of food and drink items, souvenirs, tickets and programs at athletic contests or at any program or event sponsored or authorized by the University.  Solicitation on campus involving food, beverages, or snacks must be in compliance with the exclusive rights for such sales on campus by the vendors in accordance with their contracts. Solicitation involving food, beverages, or snacks will typically be allowed in the area bordered by Derrick, Evans, Taylor-Murphy, Psychology, and Flowers Hall.

 

f.    The advertisement of any activity, item, or product sponsored or authorized by the University and approved by the Dean of Students (or designee).

 

g.   The collection of tuition and fees in connection with enrollment of a student in any course or degree program.

 

h.   The collection of membership fees or dues by registered student, faculty, or staff organizations at meetings of such organizations scheduled in accordance with the University’s facilities use regulations.

 

i.    The collection of admission fees or contributions for the exhibition of movies or other programs, including fine arts and athletic events that are sponsored by the University, or by a registered student, faculty, or staff organization and which are authorized and scheduled in accordance with the facilities use regulations of the University.

 

j.    Activities that are sponsored by a registered student, faculty, or staff organization on behalf of a charitable organization and that are conducted in accordance with non-discriminatory policies approved by the Dean of Students (or designee) and scheduled in accordance with the University’s facilities use regulations.

 

k.   Events sponsored by a registered student, faculty, or staff organization or the University that are authorized and scheduled in accordance with the facilities use regulations of the University. All signs, tickets, and literature advertising the event must identify the sponsoring organization. The University may require that members of the sponsoring organization solicit directly, and may prevent organizations from using non-members to solicit for the organization.

 

l.    Activities of agents of companies authorized by the University to provide information or services related to instruments, equipment, office supplies, health insurance, optional retirement programs, or tax-sheltered annuities and other university-related services specifically requested by the University.

 

m.  The advertisement of any activity, item, service or product in any university publication.

 

n.   The advertisement of any activity, item, services, or product sent to university students, faculty, or staff through the United States mail.

 

02.02  Permissible solicitation must be conducted in a manner that will not:

 

a.   Interfere with academic or other institutional programs that are being carried on in campus facilities;

 

b.   Interfere with the free and unimpeded flow of vehicular or pedestrian traffic on sidewalks and streets and at places of ingress and egress to and from campus buildings;

 

c.   Use obscene or libelous language or materials;

 

d.   Harass, embarrass, or intimidate the person or persons being solicited;

 

e.   Advocate the deliberate violation of a federal or state law or published Regents' Rules or university policy;

 

f.    Constitute disorderly conduct, disrupt classroom discussion, impede maintenance of public order, or constitute a danger to the person distributing or disseminating material or any other individual or group;

 

g.   Litter the campus grounds; or

 

h.   Violate City of San Marcos ordinance on posting of material on utility, traffic light poles, or other public structures. (Contact: City Of San Marcos, Building & Inspections, 393-8232)

 

02.03  Amplified sound, including radios and loud music, will not be allowed in the Quad area. All amplified sound related to solicitation on campus must be approved by the LBJ Student Center Director or designee.

 

03.       PROCEDURES FOR CONDUCTING RAFFLES ON CAMPUS

 

03.01  Groups authorized to conduct raffles under the Charitable Raffle Enabling Act (Art. 179 F, Vernon's Texas Civil Statutes) may conduct raffles on campus.

 

03.02  All proceeds from the sale of tickets must be spent for the charitable purposes of the organization.

 

03.03  The qualified registered student organization or university department is limited to two raffles per calendar year (January 1 - December 31) and may not conduct more than one raffle at a time. This will be monitored by the Office of Campus Activities and Student Organizations.

 

03.04  The sponsoring registered student organization or university department may not promote the raffle through television, radio, newspaper, or other medium of mass communication by the use of paid advertising, or promote or advertise statewide. The tickets for the raffle may not be sold or offered for sale statewide.

 

03.05  The registered student organization or university department conducting the raffle may not compensate a person directly or indirectly for organizing or conducting a raffle or for selling or offering to sell tickets to the raffle. Persons who are not members of the registered student organization or university department may not sell or offer tickets to the raffle.

 

03.06  The registered student organization or university department must have the prize in its possession or post bond for the full amount of the money value of such prize before raffle tickets are sold. The prize awarded at a raffle may not be money and the value of the prize may not exceed $25,000. The following must be printed on each raffle ticket sold or offered for sale:

 

a.   The name of the registered student organization or university department conducting the raffle and the address of the organization or of a named officer of the organization;

 

b.   the price of the ticket; and

 

c.   a general description of each prize that has a value of more than $10 and is to be awarded in the raffle.

 

04.       PROCEDURES FOR BOOTH SOLICITATION

 

04.01  A booth (a table, a small tent, or enclosed kiosk temporarily installed for the purpose of engaging in solicitation) may be allowed only in the Campus Expression Area, the LBJ Student Center Mall, approved areas within the Student Center (a nominal daily rental fee will be charged for the use of space inside the Student Center for solicitation activities) or, in the case of special activities, at other locations as designated solely within the discretion of the Dean of Students (or designee). Activities in all booths must be conducted in a manner consistent with Section 02.01 above, and, in addition, must meet the following requirements:

 

a.   Each booth must meet fire and safety standards; this includes the use of a functioning UL listed fire extinguisher if grilling with gas or charcoal. No grill may be placed under trees or canopies. If the sale of food or beverages is involved, the booth must meet health department regulations and all federal, state, and local food handling regulations. This includes the wearing of protective gloves when handling food, the maintenance of proper food holding temperature through the use of thermometers, and the wearing of hair nets by food handlers.

 

b.   No booth may be installed and maintained for more than five consecutive calendar days. No organization will be allowed to sponsor more than one food or beverage solicitation per month.

 

c.   Booths must be staffed by members of the sponsoring registered student organization or university department at all times;

 

d.   A sign identifying the sponsoring registered student organization or university department must be prominently displayed at all times;

 

e.   An approved permit must be displayed at the booth site by the sponsoring registered student organization, university department or approved vendor;

 

f.    The sponsoring registered student organization or university department is responsible for returning the area to its original condition at the conclusion of each day (e. g. pick up trash and any other litter in the area);

 

g.   All reservations are subject to a rotation around the Campus Expression Area, Mall and Paseo;

 

h.   Solicitation on campus is to benefit registered organizations and department compensation must be documented with a vendor agreement when an outside vendor is used;

 

i.    The Alumni Affairs credit card solicitation on campus is an approved activity of the Texas State Alumni Association. No other credit card companies will be approved to solicit on campus regardless of sponsorship;

 

j.    Cellular Services and the sale of cellular accessories are restricted to the Quad Area only;

 

k.   When one or more outside vendors selling the same/similar goods or services request an area for solicitation, it is possible approval may only be given to the first to submit their request for approval (a nominal daily rental fee will be charged for the use of space inside the Student Center for solicitation activities).

 

04.02  The process for obtaining approval for solicitation from booths on campus follows:

 

a.   Persons desiring to conduct solicitation activities on campus can obtain a solicitation request form from the Campus Activities Information Desk or download the form from the solicitation website.

 

b.   Completed forms with appropriate signatures must be submitted to the Office of Campus Activities and Student Organizations (CASO) Information Desk, LBJ Student Center at least seven days before the scheduled event.

 

c.   CASO will review solicitation requests and respond as soon as possible, not to exceed seven days.

 

d.   CASO will reserve the necessary requested space through the LBJSC reservation system.

 

e.   Upon approval of solicitation request, the student organization or departmental representative will be notified of where to pick up the solicitation permit.

 

f.    It is the responsibility of the student organization or department representative to pick up the approved solicitation permit on the day of the reservation.

 

g.   Any solicitation activity planned for a residence hall must also be approved by the Director of Residence Life (or designee), Rm 320, J.C. Kellam. Any registered student organization or university department failing to comply with the provisions of this section shall be prohibited from further solicitations until compliance is made.

 

05.       PROCEDURES FOR EXCEPTIONS, APPEALS AND VIOLATION OF THIS POLICY

 

05.01  The Dean of Students has the authority to grant exceptions or variances to the provision of this UPPS to meet the exigencies of unusual circumstances. No person or organization may conduct any of the activities governed by this UPPS in variance to the policies stated herein without permission from the Dean of Students.

 

05.02  If after a reasonable investigation, the Dean of Students (or designee) determines that a student or registered student organization or university department is soliciting in violation of this UPPS, he or she shall order the violator to cease, and may refer the matter to the Director of Student Justice for action under the Code of Student Conduct or to the vice president.

 

06.       PROCEDURES FOR PUBLICIZING THIS POLICY

 

06.01  Publication of the policy and related procedures will be made each September 30th:

 

a.   by the Dean of Students, through the Texas State Handbook;

 

b.   by a memorandum from the Director of the Student Center to department chairs, directors, deans and vice presidents;

 

c.   by a letter from the Director of the Student Center to all student organizations; and

 

d.   by a notice included in the Student Organization Handbook.

 

07.       REVIEWERS OF THIS UPPS

 

07.01    Reviewers of this UPPS include the following:

 

Position                                                          Date

 

Director, LBJ Student Center                      December 1 E4Y

 

University Attorney                                        December 1 E4Y

 

Vice President for University                       December 1 E4Y

Advancement

 

Dean of Students                                          December 1 E4Y

 

08.             CERTIFICATION STATEMENT

 

This UPPS has been approved by the following individuals in their official capacity and represents Texas State policy and procedure from the date of this document until superseded.

 

Director, LBJ Student Center; senior reviewer of this UPPS

 

Dean of Students

 

Vice President for Student Affairs

 

President