3.92 Sales and Solicitation (See also Policies 3.63-Freedom of Expression; 3.86-Political Activity)
It is the intent of the university to assure that permitted activities occur with the full knowledge and approval of designated university officials in a manner which is applied equally to all eligible parties. Toward this end, the sales and solicitation policy will be administered through the vice president for student affairs and enrollment management, with delegation for its enforcement to the director of campus activities. Copies of the policy may be obtained through the Department of Campus Activities. In the event that the terms of this policy conflict with other existing policies impacting freedom of expression in areas generally accessible to the public, the terms of the other existing policies shall prevail.
1. Activity Request Form: A form used by the Department of Campus Activities to sanction and plan for special academic and nonacademic events on campus requiring approval by designated campus authorities having involvement with or supervision over the event.
2. Fund-Raiser: Any activity which has as its goal financial gain for a cause or an activity to include the solicitation of contributions or the sale of a product of service conducted by university departments, agencies, or student organizations.
3. Off-Campus, For-Profit Organizations: Organizations that have, as their central purpose, the generating of a profit for their owners, partners, or stockholders.
4. Off-Campus, Nonprofit Organizations: Public, governmental, and charitable organizations that, while not part of the university, may be permitted in some instances to utilize university facilities or services because of their nonprofit status.
5. Personal Gain: An activity which is intended to benefit an individual financially.
6. Solicitation: The act of selling or encouraging the purchase of a product either directly or indirectly.
7. Student Organizations: Organizations (recognized by the Department of Campus Activities) whose membership is registered students who meet with the intention of accomplishing specific goals or interests of the members as stated in their by-laws (Hospitality and Tourism Student Association, Hispanic Business Student Association).
8. University-Affiliate Organizations: Organizations which are recognized by the university to support its efforts and promote its welfare while operating outside its regular reporting structure (Aggie Athletics Fund, Faculty Women’s Club, ASTC, The Symphony Guild).
9. University Department: An operating unit of the university which is supported by university funds and reports through the university structure (Electrical and Computer Engineering Department, English Department, Facilities).
B. Sanctions: Failure to adhere to the sales and solicitation or general fund raising policy may result in sanctions such as withdrawal of solicitation privileges for the offending individual or organization, removal of the right to conduct future activities on campus, loss of recognition, and/or any other penalties which may apply under university policies or state or federal laws.
C. On-campus Sales and Solicitation by university Departments, Staff, Faculty, Students, and Student Organizations: All sales (except those covered by university contracts or accomplished through the Ticket Office) and/or solicitations on campus by recognized university departments, staff, faculty, and student organizations for the purpose of selling merchandise or services, or obtaining contributions, are subject to prior approval and authorization. The request for approval shall be signed by an appropriate representative of the group or its supervisor and the cognizant university officials. Such sales and solicitations shall be in accordance with regulations and policies governing the facilities where the activity will be held and shall be within the general policies of the university contained herein. All funds collected shall be exclusively used to fulfill the purpose of the group earning the funds. Groups utilizing university accounts shall make weekly deposits. (The department head or organization president shall keep appropriate documentation on file should an audit be found necessary, and such documentation shall be made available upon a request from a cognizant university official.) University departments will also be governed by university rules and regulations and State of New Mexico Purchasing and Property Disposal Policies and Statues. Affiliated organizations are not considered university organizations for the purpose of this policy and are not extended privileges for on-campus sales under this section.
1. Sale of Products: Sale of products, merchandise, or services normally will not be permitted on campus when in direct competition with an existing university or agency provider, such as the university Bookstore, which either provides or has the jurisdiction to provide the same or similar goods or services. This section shall also apply when the requested activity is in competition with services provided by a business holding a contract with the university to provide goods and services such as for food or vending.
2. Personal Financial Gain: Sales and solicitations by individuals or organizations on university property which result in personal financial gain are expressly prohibited except as noted in this policy. However, reimbursement for legitimate, direct expenses incurred by organizations or their members for an event are not considered personal financial gain for the purpose of this policy.
3. Door-to-Door Solicitation: No door-to-door solicitation of any kind shall be permitted by individuals or organizations in university facilities to include residential units. Solicitations may, however, be permitted at approved solicitation sites at various university facilities in accordance with the policies governing those facilities. This section does not preclude the conduct of official university business requiring contact at an individual’s residence.
4. Electronic Media Solicitation: The university’s resources are provided for official university business and may not be used for personal gain by faculty, staff, or students. These resources shall include the university’s World Wide Web site and its attached materials, the electronic e-mail system (including Hotline and ABCD), and facsimile equipment. Use of public
address systems, message boards, and/or the electronic message display sign in advertising/promoting an event is permitted with proper authorization.
5. Manner of Solicitation: Approved solicitations shall be carried out in a manner which does not:
a. Unreasonably obstruct vehicular or pedestrian traffic.
b. Block the entrances or exists to building and facilities.
c. Erect permanent structure, shelters, or camps.
d. Unreasonably interfere with classes, university work, and scheduled events.
6. Distribution of Printed Materials: Solicitations via distribution of printed materials shall be conducted consistent with the following regulations as well as other policies governing university facilities
a. Student organizations and employees may distribute printed materials on campus as provided in the freedom of expression policy.
b. Printed material may be posted only on interior campus bulletin boards designated for that purpose or in locations designated for that use by the Department of Campus Activities or as designated by the deans or vice presidents in buildings under their control. Approval shall be sought from building monitors in each area prior to posting. A list of building monitors is available through the Office of the Assistant Vice President for Facilities and Services.
c. Materials may not be attached to walls, doors, window glass, floors, or any other parts of university buildings or structures, traffic signs, mailboxes, power or light poles, sidewalks, artistic displays, university signs or trees.
d. Printed materials may not be placed on automobiles under any circumstance.
e. The sponsoring group is responsible for timely removal and appropriate disposal of the material at the end of its usefulness or 30 days after posting, whichever comes first.
f. Printed materials to be posted shall be affixed in designated locations in a manner appropriate to the display space (tacks and pins for bulletin boards and masking tape for non-tackable surfaces). Nails, transparent tape, etc., which leave a residue or which damage surfaces, shall not be used, and the group or individual will be held accountable for any damage.
7. Commercial Sponsorship: Commercial sponsorship of university -organized events is permitted in certain circumstances when prior approval is secured in a manner noted below. If an event advertisement references a sponsor, it shall feature minimal display of the sponsor’s name and, in no case, will the sponsor’s name be bigger than that of the event or the organization’s name. The sponsor shall provide a sample of the identification to be used. Large banners or posters featuring the sponsor’s name are not acceptable.
8. Sale of Personal Items/Services: Individual students, faculty, and staff are permitted to advertise the sale of personal items or services (e.g., books, tutoring, typing, babysitting, automobiles, stereo equipment, computers, etc.) only at approved, designated locations and subject to the following:
a. Individuals may not advertise as commercial distributors of products or services (e.g., Avon, Tupperware, credit cards, magazines, review courses, etc.).
b. Approved locations for posting personal material can be obtained from building monitors, directors of various facilities, or from the director of campus activities.
c. Individuals in campus residences may advertise and conduct certain businesses in their residences (e.g., child care, résumé typing, etc.) when that business is appropriate to the residence area, has been registered with the Department of Housing and Dining Services, and is not related to a commercial vendor.
d. Yard sales in student family housing may be conducted at individual units provided that Housing and Residential Life is notified in advance. Instruction in the proper methods of conducting sales and assistance in the advertisement of these sales is provided by Housing and Residential Life. Housing and Residential Life reserves the right to limit the number or duration of yard sales should they become disruptive to the neighborhood, excessive in nature, or if it is determined that the sales are being organized for commercial purposes. Yard sales in conjunction with other chartered groups/organizations are permissible upon approval of an Activity Request Form.
(Note: Personal advertising of items for sale in university publications or media such as the student newspaper or the student radio station is allowed.)
9. Requests for Permission to Solicit: Requests to conduct on-campus sales/solicitations or off-campus fund-raising events/activities by student organizations shall be initiated at the Department of Campus Activities by completion of an Activity Request Form. Requests to conduct on-campus sales and solicitations by university departments and/or university employees shall be submitted to the vice president for student affairs and enrollment management (or designee) in memo form, and shall include project purpose, dates, times, specific activities, and solicitation methods. Requests to conduct off-campus projects by student organizations, university departments/employees shall be submitted in the appropriate format to the Office of the Vice President for Student Affairs and Enrollment Management and shall include project purpose, dates, times, budget, methods of solicitation, and names of solicitor(s). (See General Fund Raising Policy) Requests to conduct university events having commercial sponsorship shall be submitted to the director of campus activities and shall include the purpose of the event, dates, times, specific activities, and solicitation methods.
10. Sales by University Employees: University policy prohibits the sale of goods and services by employees to the university, or the purchase of same by the university from employees. Requests for an exception to this policy must be initiated through the director of purchasing. (See also Chapter 3 Codes of Conduct-Conflict of Interest and Policy 4.50, Outside Employment) university employees desiring permission to use the university’s name, reputation, facilities, programs, etc., for the purpose of accruing personal financial gain shall obtain prior written approval from the director of purchasing. Existing academic or human resources policies governing such activities shall take precedence over this policy (e.g., consulting, personal appearances, or authorship for any pay in media areas of TV, radio, or print media, implying university product or service endorsement, etc.).
D. Sales/Solicitation Policy for Non-university Organizations and Individuals:
1. Commercial advertising, promotion and/or solicitation are not permitted on the campus except in the following instances:
a. Media advertising/solicitation utilizing campus media outlets, including the Round Up, KRUX, campus television, and university publications, etc., is permitted when done in accordance with any policies governing these media and when such advertising is presented in that media’s primary format.
b. The university’s electronic media may not be used for commercial solicitation. These media shall include (but are not limited to) the World Wide Web site and its attached materials, electronic mail (e-mail) system, and facsimile equipment.
c. Physical properties donated or provided by commercial interests may display the name, identifying symbol, or features of the donor or provider, when such displays are consistent with the campus planning regulations and are judged by the executive vice president and provost and the president to benefit the university.
d. Use of a public address system, message boards, and/or the electronic message display sign in advertising/promoting an event is permitted when authorized by the vice president for student affairs and enrollment management (or designee).
e. Distribution of printed commercial advertising materials or similar advertising on the university grounds or in facilities during an event is permitted when the university sponsor or host of the event has received prior written approval for such an activity from the key administrator of the building used and the cognizant vice president or president.
f. In-person solicitation on campus is permitted when a solicitor receives a personal invitation from an individual to meet on a private basis. Individuals (students or employees) may not extend invitations to solicitors to meet with a group of individuals for the purpose of soliciting without prior written approval. Requests for approval shall be in writing to the director of campus activities, and must follow the activity equest process.
g. In-person solicitation to individuals or select groups of employees by representatives of commercial organizations is permitted when directly related to the official business of the university and its departments (e.g., trade fairs or scientific equipment vendors). Such solicitation shall be approved by the cognizant department head, dean, and/or vice president.
h. Public sales and solicitation of products on university property by non-university vendors may be permitted under limited conditions on a private basis when the vendor is sponsored by a recognized campus organization or a university department; such activity will be directly related to the purposes and goals of the university and pertinent to the sponsoring group (e.g., fraternity and athletic club photographers, etc.) In all such cases, prior written approval must be obtained from the director of campus activities.
2. Distribution of Informational Material: Non-university, nonprofit, or noncommercial organizations or individuals are permitted to display informational material within campus buildings upon approval of the cognizant building monitor or building director. This approval shall be subject to the specific policies governing the operation of the particular facility, or group of facilities, and other university policies. Such organizations are not permitted to conduct in-person distribution of materials (handouts) or in-person direct contact with students unless prior approval is received from the director of campus activities (e.g., distribution of Bibles, etc.). Activities by affiliate organizations shall be conducted in compliance with all the regulations contained herein for sales and solicitation, and shall be reviewed and approved by the university department to which each is affiliated. These regulations exist to support the organizations and to supplement the efforts of the university (i.e., Aggie Athletics Fund/Athletics Department, Library Associates/Libraries). Distribution or presentation of informational materials in a university facility hosting a particular event (to which the material is directed) may require approval from the event sponsor in addition to that of the cognizant vice president (or designee). Direct public solicitation of gifts and/or donations on campus is prohibited except in instances involving approved and scheduled private, organized group activities (i.e., fund-raising banquets, meetings, gatherings with the sole intent of fund raising, and/or political campaign activities). (See Policy 3.86, Political Activity)
3. Food Service Policy for Sales/Solicitations/Acquisition: The university food service contractors are granted the right to operate/conduct food services on the university campus. Clarification of this right is necessary, however, in view of the many activities conducted on the campus which involve food products, and which may or may not conflict with contractual obligations of the university to the contractors. The following food service policy outlines the conditions under which student, staff or faculty activities may involve food and beverage services:
a. Student groups and university departments must seek and receive approval for any food events not catered by the university food service providers by completing an Activity Request Form from the Department of Campus Activities.
b. No off-campus firm or agency may be contracted to provide or to cater food service to university students, staff, administrative groups, conferences, or visitors in Corbett Center Student Union or other locations on university property where the primary university food services contractor is providing food services.
c. Non-university vendors providing services in approved locations on campus other than athletic facilities must be pre-certified by the director of housing and dining services and rebate to the Office of Housing and Dining Services a commission of seven percent of all sales applicable to the campus event.
d. Student groups and university units or offices may secure prepared food products from off-campus sources to serve on the campus when all of the following conditions are met:
• The products are served exclusively to the members and guests of the sponsoring organization at private gatherings, such as club meetings.
• The products are served or sold in a manner or under conditions that are not construed to be in competition with the university food contractors. (The sale is construed to be in competition when the seller is soliciting the same consumer prospects as those sought or being serviced by the university food contractors and offering products similar to those provided by the contractors.)
• If food is prepared in the homes of participants and is served pot luck, it shall be only for the participants and their personal guests and constitute a private gathering where the general public is not invited.
e. Individuals on campus may secure food from those off-campus vendors who provide delivery service (e.g., pizza or other campus delivery products) when done on an individual order basis. Any other delivery policies for individual buildings or facilities shall apply (e.g., a residence hall’s policy).
f. Given health, safety, and liability concerns, raw food may not be secured for preparation and distribution on campus unless approval is obtained in writing from the director of campus activities and from the Public Health Division (per following paragraph):
Organizations granted approval for a public event where the preparation, sale, or distribution of food products is conducted must apply for and receive a State of New Mexico Food Purveyors License. The license must be obtained from the Public Health Division of the State Health Department, Office of Health Facilities Licensing, 1170 North Solano Drive, Las Cruces, New Mexico, in accordance with the New Mexico Food Service Sanitation Act, Chapter 309, Laws of 1977. A copy of the license must accompany the Activity Request Form or other request for conducting the event. Failure to secure the license constitutes automatic disapproval of the request.
D. General Fund-Raising Policy for Student Organizations, University Departments, and Other Affiliated Groups: Raising funds from private sources is an important means of supplementing the various programs in teaching, research, extra-curricular, and service activities. The university recognizes and encourages the efforts of campus groups in this regard, but also recognizes the necessity to establish guidelines which aid in coordinating these activities to avoid conflicts, duplication, violation of laws or regulations, or activities which reflect negatively on the university. This policy applies to fund-raising/solicitation of individuals and business firms by student organizations, departments, and agencies of the university as well as other groups which are affiliates of the university. It does not pertain to proposals for research support addressed to government agencies supporting research that are covered by existing university policies and procedures.
1. Proposals for fund-raising activities from university departments, agencies, academic classes and other affiliated groups must be submitted in writing to the Office of the Vice President for University Advancement no less than 2 weeks prior to the activity. Proposals shall include the purpose, budget plan, amount sought, prospective donor or donors, and a time schedule for the activity.
2. Fund-raising activity proposals from recognized student organizations will be initiated with the director of campus activities by completing an Activity Request Form.
3. Approved fund-raising activities are to be coordinated through the Office of the Vice President for University Advancement or the Department of Campus Activities in a manner appropriate to each activity/project and in accordance with policy guidelines stated herein.
4. Organizations incorporated outside the university which raise funds for a university department, agency, or unit are requested to confer with the vice president for university Advancement before commencing to fund-raise.
5. Approved activities must comply with all university, city, state, and federal laws, ordinances, and regulations, including taxation; and it shall be the responsibility of the activity sponsor to become aware of applicable requirements.
6. Internal operating policies related to fund-raising events in specific facilities shall have jurisdiction when an event is held in these facilities (e.g., residence halls, Corbett Center, Pan American Center).
7. No member of the sponsoring organization or participant in the activity shall receive personal financial gain from it. Reimbursement of planned, bona fide expenses of the activity (labor or materials), however, shall not be considered as personal gain. In no case shall an employee receive payment for personal services (labor) unless prior written approval is obtained from the executive vice president and provost.
8. All funds raised through an activity and deposited in NMSU Foundation, Inc. accounts shall be administered in accordance with policies and procedures of the NMSU Foundation.
9. Fund-raising at university events is not permitted unless specific approval is sought and granted through the director of campus activities in consultation with the vice president for university advancement.
10. On- campus fund-raising involving the sale of merchandise or services must receive the prior approval of the director of campus activities in order to avoid contractual, operational, or jurisdictional conflicts.
11. Expectations: It is expected that all fund-raising events held on or off campus will be conducted in a manner which reflects positively on the sponsor and the university. While it is recognized that the type of activities will vary greatly, event sponsors are urged to avoid telephone solicitation, door-to-door sales or solicitations, and direct collections at civic or service organization meetings off campus. These methods are often over-used and may be counterproductive. Caution is also advised in the repetitious solicitation of businesses or prominent citizens for the same reason. (See Chapter 2 - United Way for exception.)