StudentRights150B

Appendix S - Use of Property for Distribution, Solicitation, Fund Raising, Sales and Commercial Activity

APPENDIX S -- Policy Concerning Campus Use:  Regulations for Use of Property for Distribution, Solicitation, Fund Raising, Sales, and Commercial Activity

Revised October 30, 2012   

1.      INTRODUCTION.

1.1.   The property and facilities of Ball State University (“BSU” or “University”) are dedicated to the fulfillment of the University’s educational goals and mission and are provided for the purpose of fostering and accommodating the total educational program of the University.   The property and facilities of BSU are for the use of the University, its employees and agents, and its students. BSU may from time to time permit certain portions of its property or facilities to be used by certain persons for particular purposes, but this does not mean that such persons may conduct any activity they desire upon the same or any other University property. Nor does it mean that other types of persons may conduct any activity they desire upon that same or any other University property. Nor does the fact that the public may be permitted to come and go without restriction upon particular University property mean that the public may use the property and facilities of the University for whatever purpose or in whatever matter they may choose.   The purpose of this policy is to provide the framework for the use of BSU facilities, including uses that are not directly related to the instructional, research, administrative or service activities of the University, but which enhance the educational environment and provide a service to members of the University community.  

2.      APPLICABILITY.

2.1.   This policy, except as stated in paragraph 2.2 below, and as amended from time to time, applies to and governs any and all distribution, solicitation, fund raising, sales, and commercial activity on or using facilities, property, and equipment of the University and applies to all students and employees of the University and to all visitors entering upon University property.

2.2.   This policy, as amended from time to time and except as provided in paragraph 7.3, does not apply to or govern in any way, activities of the University itself, of University employees or agents acting within the scope of their employment or agency, or of persons acting pursuant to a contract, lease or license with the University.

2.3.   Nothing in this policy is intended to authorize sales of goods or services on or using facilities, property, and equipment of the University in conflict with existing exclusive contracts, or solicitation of the same.  

3.      DEFINITIONS.

3.1.   The following definitions apply for purposes of this policy:

3.1.1.      Action Group - means an organization where a substantial part of its activities is attempting to influence legislation by propaganda or otherwise, or an organization that participates or intervenes, directly or indirectly, in any political campaign on behalf of or in opposition to any candidate for public office.

3.1.2.      Building - means all buildings or other structures (e.g., parking garages, stadium) owned, leased or under the control of BSU.

3.1.3.      Campus Reservationist – means the BSU employee who reserves space in a particular building or outdoor space (student organizations typically will go through the Student Center Facilities Coordinator regardless of the venue; other organizations typically will reserve space through a different employee for various venues (e.g., the Director of Emens Auditorium and Pruis Hall, Special Events Manager for Sports Facilities Management, and Facilities Accounting/Space Coordinator for buildings and/or outdoor space not served with an assigned reservationist).

3.1.4.      Chalking – means using chalk on sidewalks or other surfaces to write messages or draw pictures.

3.1.5.      Commercial – means activity which is conducted essentially for the direct or indirect advertisement, promotion or sale of goods or services for the economic gain of the person conducting the activity.

3.1.6.      Distribution – means the giving out of printed materials or of goods or services without requesting, directly or indirectly, a donation or other consideration in return for the materials, goods or services. Distribution does not include sales.

3.1.7.      Facilities – means all buildings, land, and property owned, leased or under the control of BSU.

3.1.8.      Fronting – means permitting a non-university individual or organization to use University facilities and services under the guise that the activity is a University-sponsored program or event. 3.1.9.      Fund Raising – means solicitation conducted by or for the benefit of a non-profit organization, where the funds raised are not for the purpose of, or result in, the pecuniary gain of the organization’s members.

3.1.10.  Non-Affiliated Person or Group – means individuals, partnerships, corporations, associations, and other legal entities, profit or not-for-profit, with no established connection to the University.

3.1.11.  Non-Profit Organization – means a corporation or association which does not engage in any activities for the profit of its members and which is organized and conducts its affairs for purposes other than the pecuniary gain of its members.

3.1.12.  Outdoor Space – means all University property which is not located in a Building, including but not limited to, sidewalks, kiosks, railings, walls, light poles, trees, fences, benches, bridges, bodies of water, streets, plazas, fields, parking lots, patios or terraces.

3.1.13.  Person – includes individuals, partnerships, corporations, associations and other legal entities. 3.1.14.  Recognized Student Organization – means a group properly registered and recognized by the Office of Student Life.

3.1.15.  Sales – means the sale of or taking of orders for goods or services for cash, credit or other consideration. It includes work intended for commerce.

3.1.16.  Solicitation – Solicitation means the request, directly or indirectly, by any person to another person:

a)      For donations;
b)      For the sale to the other person of any printed material, goods or services;
c)      Any other request of a similar nature. Provided, however, such requests that are contained in printed material given out within the definition of “distribution” shall not constitute solicitation.

3.1.17.  Property – means all buildings, facilities, equipment, outdoor space, and real property owned, occupied or under the control of BSU.

3.1.18.  University Department – means a Ball State University school, college, department, unit, institute, center or recognized affiliated entity.

3.1.19.  Visitor – means any person who is neither a student, employee, nor agent of the University.  

4.      DISTRIBUTION ACTIVITIES.

4.1.   Any person may distribute printed materials by hand directly to other persons, at any time, outdoors if such distribution is done without tables, booths or other similar apparatus. Printed material may not be placed on motor vehicles on University property.

4.2.   University departments may reserve tables based on availability for distribution both in-and out-of doors through the Campus Reservationist. 

4.3.   Except as otherwise permitted by University policy, printed materials may not be posted or otherwise attached to any University property. Materials may be posted on bulletin boards based on the posting policy for each particular building or other outlets provided and designated by the University for that purpose. Such designations may limit the use to a particular manner, or manners, of distribution and particular areas may be restricted to use by particular types of entities (e.g., recognized student organizations). Materials that are out-of-date, that cover the entire surface of the bulletin board or other posting location, or that violate any University policies are subject to removal. 

4.4.   Chalking is prohibited on University property.   

5.      FUND RAISING ACTIVITIES.

5.1.   Employees and students should be free from undue solicitations and distractions; therefore, solicitations and organized fund raising for charitable non-university entities directed to the entire campus community on University property is restricted to those approved by the President and the Executive Cabinet. The only University-sponsored charitable organization approved to conduct a fund raising campaign across the campus among the University employees at this time is the United Way. However, for the purpose of raising funds for their treasury or to fulfill a civic social obligation as required by their organization, recognized student organizations may request approval from the Office of Student Life to engage in fund raising activities on University property and, subject to this policy, these activities can occur across the campus. All approved fund raising solicitation must be in accordance with the following:

5.1.1.      Recognized student organizations must notify the Campus Reservationist when reserving space that the reservation will include solicitation for fund raising purposes.  Depending on the scope of the activity, the Campus Reservationist will direct the student organization as to when and where the solicitation can occur.

5.1.2.      Passive solicitation for fund raising purposes (e.g., unattended drop box, but no cash contributions), is permitted only in designated “common” areas.  No active solicitation for donations of money or property with the use of containers is permitted on University property under this policy.

5.1.3.      Fund raising activities or events must be conducted in such a manner that campus pedestrian, bicycle, and vehicular traffic are not unreasonably impeded and that faculty, staff and visitors to the campus who are not participating in the activity or event may proceed with their normal activities without undue interference.

5.1.4.      No solicitation will be permitted at University events such as convocations, athletic events, or performances at Ball Gymnasium, Emens Auditorium, John E. Worthen Arena, Pruis Hall, Scheumann Stadium, Student Recreation and Wellness Center or Sursa Hall, except when part of an approved University contract signed by an authorized University signatory as set forth in paragraph 9.2.1.  Additionally, recognized student organizations may request in writing approval to conduct a fund-raising event in one of these facilities. Such request must be submitted to the Vice President for Student Affairs and Dean of Students and the Vice President for Business Affairs and Treasurer, or their designee, prior to any solicitation or advertising of the event and must include the following: sponsoring organization, name and address of benefactor, type of solicitation, statement of purpose or need, and other information as needed to determine appropriate time, manner and place considerations.

5.1.5.      All proceeds from such solicitations must be given for the charitable purpose advertised.

5.1.6.      A solicitation may be publicized on the University’s Communication Center (or any subsequent university-wide electronic communication platform) only during the week preceding and during the active period and in accordance with other university policies.

5.1.7.      Approval will not be given for solicitation of funds for use by action groups or political organizations, candidates, or causes.

5.1.8.      A recognized student organization cannot be used by a commercial firm or company as a way to sell a good or service.  To illustrate, this means that XYZ company cannot ask an individual or student group to reserve space simply for the company to sell an item or service, even if the student organization receives a portion of the profits.  Refer to the definition of ‘fronting’ in paragraph 3.1.8.  The following activities may be allowed:

a)    The commercial activity involved is merely incidental to a larger scheduled event of a recognized student organization and is provided under contract with the recognized student organization merely for the convenience of those attending the event (e.g., food sales at a philanthropic event).  The food sales, however, cannot conflict with other university policies, including paragraph 2.3 above. 

b)   The sale by the recognized student organization of goods or services of the commercial entity is conducted in the name of the recognized student organization without promotion of the name of the commercial entity or trade names of the commercial entity’s goods or services. Such fundraising shall not be used to evade the restrictions of this policy which would otherwise be applicable to a commercial firm.

c)    Sales arranged for by the University and approved in a contract signed by an authorized University signatory as discussed in paragraph 9.2.1. 

5.1.9.      Approval will not be given when proposed sales or programs will compete with other University programs or contracts.  

6.      ALL ACTIVITIES PERMITTED DURING LIMITED PERIOD.

6.1.   Non-affiliated persons or groups may engage in distribution, solicitation, fund raising, sales or commercial activity, including the use of tables, booths or other apparatus between 7:00 a.m. and 11:00 p.m. in an area designated by the University for such purpose during the seven (7) calendar days preceding the fall and spring semesters and first summer session, as well as the first day of the fall and spring semesters and first summer session. The space during that period is on a first-come, first-served basis by registering with the Student Center Campus Reservationist at any time during the eight (8) week period preceding the desired use.

6.2.   The University may impose restrictions and rental fees in a content-neutral manner.  

7.      LIMITATIONS ON ACTIVITIES INSIDE BUILDINGS.

7.1.   No door-to-door distribution, solicitation, fund raising, sales, commercial activity or door-to-door visits for any other purpose are permitted within offices, residence halls, or family housing apartments.
    7.1.1.    Occupants of offices, residence hall rooms, and family apartments may invite a person to the occupant’s office, residence hall room, or apartment for distribution, solicitation, fund raising, sales or other commercial activity within the privacy of the occupant’s office, residence hall room or apartment, provided however, that there is no distraction or other interference with an employee’s performance of job duties where applicable.
    7.1.2.      Other distribution, solicitation, fund raising, sales and commercial activity in family housing common facilities are subject to the rules and limitations set forth by Housing and Residence Life.

7.2.   Sales of merchandise for profit by a non-affiliated person or group connected to a performance or special event must be under a contract reviewed and/or drafted by the Director of Contracts and approved by the Vice President for Business Affairs and Treasurer or their designee. Sales of merchandise for profit by a recognized student group for the purpose of raising funds for their treasury in conjunction with a non-affiliated person or group may be approved on a limited basis by the Vice President for Business Affairs and Treasurer and the Vice President for Student Affairs and Dean of Students. No goods or services may be made available for sale if similar goods or services are available for sale on University property by the University or persons under contract with the University. Such sales customarily are restricted to the following locations:
    7.2.1.         Emens Auditorium
    7.2.2.         John E. Worthen Arena
    7.2.3.         L.A. Pittenger Student Center
    7.2.4.         Pruis Hall
    7.2.5.         Scheumann Stadium
    7.2.6.         Sursa Hall

7.3.   For the purpose of promoting an educational entrepreneurial experience, enrolled full-time students in good standing may conduct activities that constitute commercial activity upon prior written approval by the Vice President for Student Affairs and Dean of Students and the Vice President for Business Affairs and Treasurer, or their designee, through an approval process that will consider but is not limited to the following:
    7.3.1.      The proposed activity is not in violation of local, state or federal law;
    7.3.2.      The activity will not disrupt the University’s educational atmosphere;
    7.3.3.      The activity does not conflict with this or other University policies;
    7.3.4.      The activity will not unreasonably impact other university  revenue streams or violate existing contracts;
    7.3.5.      The activity does not involve significant risks and, if necessary, appropriate insurance has been obtained;
    7.3.6.      A permit shall be issued and displayed as directed by Facilities Planning and Management on any campus property occupied by the business;
    7.3.7.      The business cannot be operated from residence hall rooms unless an exception is granted, in writing, from the Office of Housing and Residence Life;
    7.3.8.      A signed contract is required prior to any commercial activity being conducted on campus. See paragraph 9.2 below.  The contract will be obtained through the approval process that originates in the Office of Student Life.

7.4.   Except as may otherwise be provided by this policy, no other commercial, sales or solicitation activity is permitted in any University building.

7.5.   Except as may otherwise be provided by this policy, no distribution, commercial, sales or solicitation activity is permitted on the University’s Communication Center (or any subsequent university-wide electronic communication platform) with the exception of "For Sale/Lease" and similar open publishing categories in the Communications Center which are intended for use of a personal nature.  

8.      PROHIBITION ON FRONTING ACTIVITIES.

8.1.   Any University-affiliated person, department or student organization that reserves or permits the use of University property or services by a non-affiliated person or group under the guise that the activity is a University-sponsored program or event is participating in fronting for the non-affiliated person or group, which is prohibited.

8.2.   Non-affiliated persons or groups are required to schedule use of facilities through the appropriate facility manager and pay for and use the space and any services in accordance with University policies and fee schedules.

8.3.   Determination of fronting situations is made by the Vice President for Business Affairs and Treasurer or designee, in consultation with the Vice President for Student Affairs and Dean of Students or designee when student groups or organizations are involved, and may subject the parties involved to sanctions as set forth in section 11, Failure to Comply.  

9.      GENERAL LIMITATIONS.

9.1.   The University has established fees for the use of its facilities and retains the right to assess such fees relative to use of specified areas of the campus. Due to the uniqueness of each facility, scheduling needs, etc., each facility will establish usage policies and charges specific to their facility and property subject to the approval of the Vice President for Business Affairs and Treasurer. The University reserves the right to reduce or waive charges where a compelling public need or interest is served, such as emergency shelter.

9.2.   A signed contract is required prior to the use of University property by non-affiliated University persons or students for commercial activity as described paragraph 7.3. The contract must include required insurance coverage, statement of requested facilities, services and/or equipment, dates/times/locations of activities and any other information regarding special conditions or responsibilities.

9.2.1.      All contracts must be reviewed and/or drafted by the Contracts Office after preparation by the facility director and approved by an authorized signatory of the University (i.e., President, Vice President for Business Affairs and Treasurer or Associate Vice President for Business Affairs and Assistant Treasurer).
9.2.2.      Proof of liability insurance and the indemnification agreement must be filed and approved by the Office of Risk Management before any facility or property may be approved for outside use.

9.3.   All activities must be in compliance with the Tobacco-Free Campus Policy.

9.4.   For the purpose of reducing the risk of liability and maintaining quality, food safety and control, all food and beverages sold and provided on University property must be supplied by University Dining, University Catering, University contracted third-party food service provider, or as approved by the University pursuant to the Food Safety Policy for Temporary Food Service.

9.5.   If approved, alcoholic beverage service must be provided by University Catering pursuant to the Procedure for Scheduling Alcohol Related Events.

9.6.   Amplified sound and/or music are prohibited unless the event is sponsored by the President or Executive Cabinet, or other university affiliated event that is approved in writing and in advance by the Vice President for Business Affairs and Treasurer or designee. The Vice President for Student Affairs and Dean of Students, or designee, may approve amplified sound and/or music for student organization events.

9.7.   No alterations may be made to University property unless otherwise authorized by the Vice President for Business Affairs or designee.

9.8.   The University reserves the right to substitute an alternative space for any facility reserved if deemed necessary to conduct official University business or special programs or if it is in the best interest of the University to take such action.

9.9.   In circumstances due to factors beyond the control of the University, the University may cancel a previously scheduled event without penalty unless otherwise specified in a written contract. If an event is canceled, the Campus Reservationist will contact the primary contact to discuss the cancellation and opportunities for rescheduling.

9.10.     Permission for any activity covered by this policy may be denied or revoked if the proposed activity would:

9.10.1.  Interfere with the free flow of traffic on the campus or block an exit or entrance to a building;
9.10.2.  Be a danger to the safety or welfare of persons or property;
9.10.3.  Conflict with other previously scheduled programs or University activities, such as instruction, research, or administration;
9.10.4.  Be unlawful; or
9.10.5.  Be impermissible pursuant to other University policies.  

10.  RESTRICTING ACCESS TO UNIVERSITY PROPERTY.

10.1.        The University may prohibit, limit or otherwise restrict access to or use of its buildings, facilities, or other property as may be necessary to provide for the orderly conduct of the University’s instructional, research, administrative and service activities and the safety and security of University property, students, employees, guests and other visitors.

10.2.        A university police officer or any university official designated by the university police, may restrict or deny any person’s access to the building or a portion thereof, if the person engages (or threatens to engage) in conduct which:

10.2.1.     Interferes with the orderly operation of University programs, building or other facilities;

10.2.2.     Violates the University’s regulations pertaining to use of facilities;
10.2.3.     Creates reasonable apprehension of harm or injury to persons or property;
10.2.4.     Is proscribed by law.

10.3.        The President, a university police officer or any university official designated by them, may restrict or deny any person’s access to the entire University property if the person engages in conduct outlined above.  

11.  FAILURE TO COMPLY.

11.1.  Failure to comply with this policy or the policies described may result in:
    11.1.1.     Assessment of costs for expenses or damages incurred by the University;
    11.1.2.     Suspension or revocation of scheduling privileges;
    11.1.3.     Placing a recognized student organization on probation or withdrawing recognition;
    11.1.4.     Disciplinary action under the appropriate University policies for students and employees.  

12.  INTERPRETATION AND APPEALS.

12.1.     Any questions concerning the interpretation or application of this policy shall be submitted to the Vice President for Business Affairs and Treasurer’s designee for resolution. The question shall be submitted in writing by the person affected and must set forth all facts and arguments which the person believes to be relevant to the resolution of the question. The Vice President for Business Affairs and Treasurer’s designee may conduct such investigation of the circumstances involved as deemed desirable and shall render a decision in writing. Any person who is informed that the person’s conduct is in violation of this policy shall immediately cease the conduct involved. An appeal may be taken from the decision made under this paragraph.

12.2.     Written notice of appeal from the denial or limitation of the use of University property must be received in writing in the office of the appropriate Vice President within ten (10) days of the receipt of the notice of the denial or limitation. Failure to file a timely notice of appeal may be waived by the Vice President upon a showing of good cause.

12.2.1.  Appeals by students, student groups or recognized student organizations must be made to the Vice President for Student Affairs and Dean of Students or designee.
12.2.2.  All other appeals must be made to the Vice President for Business Affairs and Treasurer.

12.3.     The notice of appeal must include the name and address of the person making the appeal or the authorized representative of the person responsible for the appeal, and the nature of the action being appealed.

12.4.     The Vice President or designee shall review the appeal, which shall consist of an examination of: (1) the request for use of University property; (2) the written denial or limitation of the request; (3) the written notice of appeal; and (4) any other evidence deemed relevant by the Vice President. The decision of the Vice President or designee shall be based on whether good cause existed for the limitation or denial of the use request, which decision shall be final.

12.5.     Any event related to an appeal shall not be held pending a decision on appeal.  

13.        AMENDMENT. This policy may be amended, added to, or revoked, in whole or in part, by the President of the University as the President from time to time may deem to be appropriate. Any such amendment, addition, or revocation, shall be effective as determined by the President and does not require approval by the Board of Trustees unless the action is inconsistent with any then existing policy of the Board of Trustees.  

14.        DISCLAIMER. In making its facilities available for use under this policy to non-University affiliated persons and groups, the University assumes no obligation or responsibility for the activities of the person or group. Further, the University reminds all users to be aware of and comply with applicable laws, including those concerning safety, libel, slander, defamation, and obscenity.