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Solicitation On Campus (D-33)

Original Implementation: July, 1980
Last Revision: April 17, 2012


Definitions

  1. Solicitation means the sale or offer for sale of any property or service, whether for immediate or future delivery, and the receipt of or request for any gift or contribution. However, this term does not apply to an appointment between a student or employee, and another person (solicitor), if the appointment does not interfere with or disturb the normal activities of the student or employee, or the university.
  2. Campus shall mean all real property over which the university has possession and control by law.
  3. University group shall mean a recognized student, faculty, or staff organization.
  4. Outside group shall mean any organization or group that is not included within the term "university group.”
  5. University agent shall mean a person acting in the course and scope of his/her employment on behalf of an academic college, department, or program, or a university council, committee, or auxiliary enterprise.
  6. University function shall mean any activity directly sponsored by the university.
  7. University department shall mean any academic or administrative department of the university.


Application

  1. University functions shall be governed by other policy.
  2. Religious groups not affiliated with the university shall be governed by the section on religious groups of this policy.
  3. Offers to buy complimentary copies of textbooks are specifically prohibited anywhere on the campus or in any building.


Time, Place, And Manner Regulations

  1. No solicitation shall be conducted in any building or structure on the campus. However, the following activities shall not be deemed to be solicitations prohibited by this section:
    1. From the day the residence halls open through the first day of classes each semester, the sale or offer for sale of any newspaper in an area designated by the appropriate university official.
    2. The distribution, sale or offer for sale of any newspaper, magazine, or other publication by means of a vending machine or rack in an area designated in advance by the appropriate university official.
    3. The sale or offer for sale of any food or drink item by means of a vending machine in an area designated in advance by the appropriate university official.
    4. 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.
    5. The operation by the university or its subcontractor of any bookstore, specialty store, laundry service, cafeteria, student center, or other service facility maintained for the convenience of the students, faculty, and staff.
    6. The sale or offer for sale by the university or its sub-contractor of food and drink items, programs, and tickets at athletic contests.
    7. The collection of membership fees or dues by a university group.
    8. The collection of admission fees for the exhibition of movies or other programs that are sponsored by the university, or a university group, and are scheduled in accordance with the Use of University Facilities (B-1) policy.
    9. The posting of ads and for sale notices in newspapers or on bulletin boards designated for such purposes by the appropriate university official, provided that such ads and notices posted on bulletin boards conform to the university Signs and Exhibits policy.
    10. University recognized groups conducting fund raising activities approved by the appropriate university official. The university requires that only members of the group approved to conduct fundraising may solicit directly. Non-members may not be used to solicit on behalf of the organization.
    11. Other solicitation activities as approved by the appropriate university official.
  2. No solicitation shall be conducted on the grounds, sidewalks, and streets of the campus except by:
    1. a university agent; or
    2. a university group.
  3. Only university departments and the SFA Alumni Association may be approved to solicit as agents of a commercial organization.
  4. Solicitation conducted on the campus must not:
    1. disturb or interfere with the regular academic or institutional programs of the university;
    2. interfere with the free and unimpeded flow of pedestrian and vehicular traffic on the sidewalks and streets and at places of entry and exit to university buildings;
    3. harass or intimidate the person or persons being solicited; or
    4. violate an exclusivity agreement entered into with the university.
  5. If an individual or group violates the provisions of this policy, the appropriate university official, with the approval of the vice president to whom he/she reports, may prohibit the offender from engaging in any solicitation on the university campus for a specified period of time not to exceed one (1) year. In the case of a repeated violation of these rules, the following sanctions shall apply:
    1. The appropriate university official with the approval of the vice president to whom he/she reports, may suspend or cancel the recognition status of an offending student organization.
    2. The appropriate university official, with the approval of the vice president to whom he/she reports, may suspend the use of university facilities by an offender in accordance with the Penalty and Hearing section of the Use of University Facilities (B-1) policy;
    3. The university may prosecute an offender for trespass in accordance with Chapter 51 of the Texas Education Code.


Procedures for Conducting Raffles on Campus

  1. University groups authorized to conduct raffles under the Charitable Raffle Enabling Act (Tex. Occ. Code Ch. 2002) may conduct raffles on campus.
  2. All proceeds from the sale of tickets must be spent for the charitable purposes of the organization.
  3. The qualified university group is limited to two (2) raffles per calendar year (January 1 - December 31) and may not conduct more than one (1) raffle at a time. This will be monitored by the Office of Student Organizations and Greek Life.
  4. The sponsoring university group 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, other than on the university group’s internet website or through a publication or solicitation, including a newsletter, social media or e-mail, provided only to previously identified supporters of the university group. The tickets for the raffle may not be sold or offered for sale statewide.
  5. The university group 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, unless that person is employed by the university group and the work organizing or conducting the raffle is no more than a de minimis portion of that person’s employment with the university group. Persons who are not members of the university group may not sell or offer tickets to the raffle.
  6. The university group conducting the raffle 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:
    1. the name of the university group conducting the raffle and the address of the organization or of a named officer of the organization;
    2. the price of the ticket; and
    3. a general description of each prize that has a value of more than $10 and is to be awarded in the raffle.


Financial Policies of Student Organizations

  1. The dean of student affairs may request a financial statement of any student organization at any time. The requirements of the financial statement shall be established by the dean of student affairs.
  2. Any registered student organization failing to comply with the provisions of this section may be subjected to sanctions provided by the Time, Place, and Manner Regulations section.


Additional Rules

In addition to these rules, solicitation conducted in:

    1. residence halls must comply with the rules governing residence halls.
    2. the Baker Pattillo Student Center must comply with the rules governing the Baker Pattillo Student Center; and
    3. academic buildings must comply with the rules governing academic buildings.

 

Cross Reference: U.S. Const. amend. I; U.S. Const. amend. XIV, §1; Charitable Raffle Enabling Act, Tex. Educ. Code §§ 51.204, 101; Tex. Occ. Code Ch. 2002; Use of University Facilities (B-1); Signs and Exhibits (D-31)

Responsible for Implementation: Vice President for University Affairs

Contact for Revision: Dean of Student Affairs

Forms: Fundraising Approval

Board Committee Assignment: Building and Grounds