Formerly Executive Memorandum 89-91
Initially approved February 1, 1989
Revision approved by Executive Council March 5, 2007
Administering Offices: Administration and Finance Office and Student Affairs
REPLACED BY POLICY 114, 11/21/2011
This policy is adopted for the following purposes:
- to preserve the university's right to regulate sales and solicitation activities on its property; and
- to protect the campus community from sales and solicitation activities that are disruptive, unrelated to the university's mission and educational purpose, or incompatible with its normal operation; and
- to enable the university to enforce compliance with the state statutes governing sale of merchandise by governmental units; university policy governing concessions, vending, and catering operations on the campus; and Internal Revenue Code regulations on unrelated business income earned by tax-exempt organizations
The policy is not intended to constrain normal operations of the university's auxiliary enterprises, contacts between sales representatives and the university's Purchasing Office, or private appointments with individual campus citizens. Private appointments, however, are considered to be those requested in advance and granted; door-to-door solicitation of appointments is prohibited.
University refers to Western Carolina University.
University affiliated organizations are groups that are formally part of the University such as departments and divisions; student clubs and organizations that have been officially recognized by the Office of Student Affairs; all official University committees, special committees, groups, and task forces created by the University and supported directly by the University; the Development Foundation of Western Carolina University, Inc. and the Western Carolina University Alumni Association.
Unaffiliated organizations are groups that are not defined as affiliated organizations, even though some of the members or participants may be University personnel, alumni, or students.
Fund raising includes the charging of admission, solicitation for funds, sales, or donations in any form by a recognized student club or organization, University affiliated organization, or a non-University affiliated organization.
Solicitation is defined as any effort or attempt to: (a) importune, entreat, implore, ask, attempt to try to obtain an order or to invite a business transaction for a product offered or being sold; (b) seek orders, subscriptions, political or charitable contributions, or any other kind of financial support; or (3) distribute literature, hand-bills, samples, or other printed material for the purpose of advertising products, services, or other commercial enterprises to members of the University community.
A solicitor is defined as any person or entity that engages or attempts or seeks to engage in solicitation, as defined above.
Facilities are defined as buildings and grounds owned or controlled by the University.
1. Solicitation, fund-raising, and selling of services, products, or articles upon property under the jurisdiction of Western Carolina University is prohibited except:
A. By university-affiliated organizations
B. At designated university events such as Mountain Heritage Day, International Day, Valley Ballyhoo, etc. when the university determines that such sales directly relate to and are supportive of the event's primary purpose
C. By solicitors who have contracted with the university to provide services, products, or articles directly related to the university's educational purpose or to students' needs and not otherwise available in the local area
2. In accordance with Policy #82 (University Facilities Use Policy), affiliated organizations, including recognized student organizations, may conduct fund-raising events involving the sale of goods, services, subscriptions, tickets, and the like only with the written approval of the Vice Chancellor for Student Affairs or his/her delegate in the case of recognized student groups or the Vice Chancellor for Administration and Finance or his/her delegate in the case of affiliated nonstudent groups. Before granting approval, a Vice Chancellor may require a review of any contract existing between an affiliated organization and its fund raising partners. Each solicitor involved in conducting an approved activity must carry an approval form issued for the activity.
3. Approval to solicit will be considered only for organizations, not individuals, with the exception of solicitors as described in number 1 item C above.
4. Solicitation must occur only at the approved location.
5. Solicitors may not call out to or ask individuals in the vicinity of the solicitation to participate or respond to the solicitation.
6. Door-to-door sales are not permitted in any campus facility.
7. Students may not use residence hall rooms as places of business.
8. Similarly, university employees may not use university facilities to conduct private enterprises.
9. Student clubs and organizations may sponsor non-university affiliated groups to solicit at the University Center only if there is a logical relationship to goods or services (e.g., jewelry, posters, etc.) being solicited and the sponsoring student club or organization and when there is no contractual agreement between a student and a solicitor involved.
10. Student organizations may not sponsor fundraisers that require a contractual agreement between a student and a solicitor. (e.g., credit card, cell phones, etc).
11. Contracts with vendors to provide goods and services on the campus may be negotiated only by the University Purchasing Office and signed by the Chancellor or his designee.
12. Concession sales at campus events, machine vending sales, and food-beverage catering operations on the campus are conducted solely by the university's Auxiliary Services Department.
13. The university reserves the right to withhold, at its discretion, approval or cancel all solicitation and sales activities on its property should the event conflict with functions essential to the educational mission of the University.
14. Except as otherwise described in the University Alcoholic Beverage Policy, solicitation, promotion, or sales of alcoholic beverages and/or alcohol-related items is prohibited.
15. The university also reserves the right to regulate time, place, manner, and duration of approved sales or solicitation activity and any advertising related thereto.