REG 07.25.12 - Solicitation

Authority: Provost and Executive Vice Chancellor.

History: First Issued: 1993. Last Revised: March 27, 2012.

Related Policies: 
NCSU REG01.20.02 - Delegation of Authority to Sign Contracts
NCSU REG07.25.11 - Use of University Facilities
NCSU REG11.55.01 – Production, Service, and Sale of Food
NCSU REG11.55.02 – Assemblies, Events, and Public Addresses
NCSU REG11.55.04 - Painting, Sidewalk Chalking and Use of Posters

Additional References: 
Facilities Use Agreement Form

Campus Activities 
N.C.G.S. 14-159.13
N.C.G.S. 105‑130.11
Internal Revenue Code Section 501 (c)(3)
North Carolina "Solicitation of Charitable Funds" Act

Contact Info: Student Organization Resource Center, (919-515-3323)


1.  INTRODUCTION

This regulation provides the applicable rules and procedures for any form of solicitation at North Carolina State University (“NC State”).

2.  DEFINITIONS

2.1  “Charitable Contribution” means a pledge or grant of anything of value to a charitable organization, where the value of the pledge or grant exceeds the value of anything received in return.

2.2  “Charitable Organization” means an organization that has humane and philanthropic objectives, whose activities benefit humanity or a significant rather than limited segment of the community without expectation of pecuniary profit or reward and is exempt from taxation under either N.C.G.S. 105‑130.11(a)(3), N.C.G.S. 105‑130.11(a)(5), or Section 501(c)(3) of the Internal Revenue Code.

2.3  “Commercial Solicitation” means any proposal to sell, seeking or asking of an offer to buy, dissemination of information for the purpose of facilitating the sale of goods or services, any activity which attempts to raise funds, whether through sale of goods and services or donations, for any entity that is not a charitable organization, or the dissemination or collection of surveys for a commercial purpose.

2.4  “Non-Commercial Solicitation” means any distribution of leaflets, brochures or other written material, or oral speech to assemblies or passersby, conducted without intent to obtain commercial or private pecuniary gain.  This definition does not include the dissemination of information for purposes of the administrative, academic, research, or extension activities of the University.

2.5  “Non-University Groups” means an individual or group of individuals, other than Student or University Groups, that are legally separate entities from the University, even though some of the members or participants may be University personnel, alumni, or students.

2.6  “Student Group” means a group that has been accepted by the Student Organization Resource Center (“SORC”) as a "registered student group" under the rules of that office.  The rules and a list of currently registered groups are available at http://ncsu.orgsync.com/search_organizations.

2.7  “University Group” means an administrative or academic unit within the University, staffed by University employees acting within the scope of their employment.

2.8  “University premises” means buildings or grounds owned, leased, operated, controlled or managed by NC State.

3.  GENERAL PERMISSION TO SOLICIT

3.1  Groups wishing to conduct any form of solicitation on University premises must have the written permission of the SORC in advance.  All forms of solicitation must be approved by SORC, and, if applicable, by the administrator responsible for the facility or location where the activity is to be held.  However, except for University-approved vendors, groups may not conduct any form of solicitation at University-sponsored or hosted events held at Carter-Finley Stadium, Murphy Football Center, Vaughn Towers, PNC Center and/or the parking lots surrounding these facilities.

3.2  Non-University groups are prohibited from engaging in commercial solicitation or solicitation for charitable contributions on University premises except by invitation of or sponsorship by a University or Student group.

3.3  Permission from the SORC will be granted, subject to reasonable time, place, or manner limits.  In addition, permission may be limited to solicitation that is consistent with the University’s mission and purpose of the location.  University administrators should consult with the Office of General Counsel for further information.

4.  PROCEDURES FOR COMMERCIAL SOLICITATION

4.1  University Housing

4.1.1  Fraternities, sororities and their governing councils, residence hall house councils, Inter Residence Council, and University Housing may generate funds in the residence halls or chapter facilities for programming activities consistent with their purposes.  University Housing and/or Greek Life may establish rules for these internal fundraising activities.

4.1.2  University and Student Groups may engage in commercial solicitation to generate funds for their programming activities consistent with the stated purpose of the group, subject to the restrictions provided in subsection 4.1.3 below.  Non-University groups may not conduct commercial solicitation in University Housing.

4.1.3  University and Student Groups may engage in commercial solicitation in University Housing only upon the following conditions:

(a)  Groups wishing to conduct solicitation must have the written permission of SORC in advance.

(b)  Solicitation may occur only within the lobby, waiting parlor or other common area(s) as designated by the Residence or Community Director, but never in individual students' living quarters.  No door-to-door solicitation is permitted.  Solicitation will not be allowed to disrupt the University Housing environment, and groups engaged in solicitation must conduct their activities so that normal University Housing activities are not disturbed.

(c)  Food offered for sale or given away in connection with solicitation may not be prepared at the place of sale or distribution, and must comply with all applicable health code standards, as well as NCSU REG11.55.01 – Production, Service, and Sale of Food.  Goods and services offered for sale must comply with applicable State and Federal health and safety laws and regulations.

(d)  The group will be responsible for any damages to the University property or facilities as a direct or indirect result of the solicitation, and must remove any and all refuse or waste that result directly or indirectly from the solicitation, regardless of whether a written use agreement is required.

(e)  Pursuant to NCSU REG07.25.11 - Use of University Facilities, groups may be required to sign a Standard Use Agreement.

4.1.4  Students are not permitted to use their rooms for commercial solicitation, to have product demonstrations or parties, to advertise their room number for sales purposes, or to regularly conduct a business from their rooms.  However, students may sell their used personal possessions, and may advertise their room or phone number for this purpose.  Students are allowed to use their rooms to perform services that are within the scope of their University employment.

4.1.5  Bulletin boards in University Housing areas may be used for commercial solicitation only in accordance with any applicable rules issued by University Housing.

4.1.6  Nothing in this section shall prevent a student from inviting anyone into his or her residence hall living quarters for the purposes of that student considering or purchasing the invitee's goods or services.

4.1.7  University Housing may develop further rules for solicitation in the residence halls.  These rules may limit or prohibit solicitation that is inconsistent with University purposes or the purpose of the housing facility, and may place limits on the time, place, and manner of allowed solicitation.

4.2  Areas Other Than University Housing

4.2.1  All solicitation must be conducted so that campus pedestrians and automobile traffic are unobstructed and members of the University community may proceed with their normal activities.

4.2.2  Groups (including individuals) may conduct commercial solicitation on University premises subject to the conditions below.  Non-University groups, however, are prohibited from engaging in commercial solicitation except by invitation of a University or Student group.  All commercial solicitation must meet the following requirements:

(a)  Advance written permission must be obtained from the SORC.  If the solicitation is to be conducted in a University facility, the administrator responsible for scheduling use of the facility must also grant approval and the group must sign a Standard Use Agreement pursuant to NCSU REG07.25.11 - Use of University Facilities.

(b)  Members of the University or Student Group must conduct all commercial solicitation on behalf of invited Non-University Groups.  However, this shall not prohibit a University Group from contracting with Non-University Groups to conduct commercial solicitation on University premises, so long as the contract is signed by a University employee with proper signatory authority.

(c)  Food offered for sale or given away in connection with solicitation must comply with all applicable health code standards, as well as NCSU REG11.55.01 – Production, Service, and Sale of Food

5.  PROCEDURES FOR NON-COMMERCIAL SOLICITATION

5.1  University Housing

5.1.1  University, Student, and Non-University Groups may engage in noncommercial solicitation in University Housing only upon the following conditions:

(a)  Groups wishing to conduct solicitation must have the written permission of SORC in advance.

(b)  Solicitation may occur only within the lobby, waiting parlor or other common area(s) as designated by the Residence or Community Director, but never in individual students' living quarters.  No door-to-door solicitation is permitted.  Solicitation will not be allowed to disrupt the University Housing environment, and groups engaged in solicitation must conduct their activities so that normal University Housing activities are not disturbed.

(c)  The group will be responsible for any damages to the University property or facilities as a direct or indirect result of the solicitation, and must remove any and all refuse or waste that result directly or indirectly from the solicitation, regardless of whether a written use agreement is required.

(d)  Pursuant to NCSU REG07.25.11 - Use of University Facilities, groups may be required to sign a Standard Use Agreement.

5.1.2  Bulletin boards in University Housing areas may be used for noncommercial solicitation only in accordance with any applicable rules issued by University Housing.

5.1.3  University Housing may develop further rules for non-commercial solicitation in the residence halls.  These rules may limit or prohibit solicitation that is inconsistent with University purposes or the purpose of the housing facility, and may place limits on the time, place, and manner of allowed solicitation.

5.2  Areas Other Than University Housing

5.2.1  All solicitation must be conducted so that campus pedestrians and automobile traffic are unobstructed and members of the University community may proceed with their normal activities.

5.2.2  All noncommercial solicitation must be approved in advance by SORC, and, if applicable, by the administrator responsible for the facility or location where the activity is to be held.

5.2.3  Printed materials may be distributed under the following conditions:

(a)  Subject to the exclusion in 7.2, below, groups may distribute any printed materials designed for noncommercial purposes to passersby in any open exterior campus space.  The University does not assume any obligation or responsibility for the content of materials distributed by Non-University or Student Groups.

(b)  Anyone who distributes materials should comply with laws regarding defamation, obscenity, littering, fair labor practices, and other applicable laws.

(c)  If charitable contributions or pledges are to be accepted at the time such printed materials are being distributed, the distributing group must comply with section 6 below.  If contributions or pledges to an organization other than a charitable organization are to be accepted, the distributing group must comply with subsection 4.2.2 above.

(d)  Distribution of printed materials for commercial purposes must comply in all respects with the requirements of subsection 4.2.2. above.  Violations may result in a trespass order pursuant to N.C.G.S. 14-159.13 or other applicable statute.

6.  PROCEDURES FOR SOLICITATION OF CHARITABLE CONTRIBUTIONS

6.1  Student and University groups may conduct solicitations of charitable contributions.

6.2  Non-University Groups are prohibited from conducting independent solicitations of charitable contributions.  However, a Non-University Group may solicit if it is sponsored by a University or Student Group and if it is in compliance with the North Carolina "Solicitation of Charitable Funds" Act.  A University or Student group may sponsor a Non-University Group by obtaining advance permission for the solicitation from SORC, and, if applicable, from the person responsible for the University facility or location where the solicitation is to be held.

6. 3  University Housing

Charitable solicitation may be carried out in University Housing, subject to the following restrictions:

(a)  Groups wishing to conduct solicitation must have the written permission of SORC in advance.

(b)  Solicitation may occur only within the lobby, waiting parlor or other common area(s) as designated by the Residence or Community Director, but never in individual students' living quarters.  No door-to-door solicitation is permitted.  Solicitation will not be allowed to disrupt the University Housing environment, and groups engaged in solicitation must conduct their activities so that normal University Housing activities are not disturbed.

(c)  Food offered for sale or given away in connection with solicitation may not be prepared at the place of sale or distribution, and must comply with all applicable health code standards, as well as NCSU REG11.55.01 – Production, Service, and Sale of Food.  Goods and services offered for sale must comply with applicable State and Federal health and safety laws and regulations.

(d)  The group will be responsible for any damages to the University property or facilities as a direct or indirect result of the solicitation, and must remove any and all refuse or waste that result directly or indirectly from the solicitation, regardless of whether a written use agreement is required.

(e)  Pursuant to NCSU REG07.25.11 - Use of University Facilities, groups may be required to sign a Standard Use Agreement.

6.4  Areas Other Than University Housing

6.4.1  All charitable solicitation must be approved in advance by SORC, and, if applicable, by the administrator responsible for the facility or location where the activity is to be held.

6.4.2  Food offered for sale or given away in connection with solicitation must comply with all applicable health code standards, as well as NCSU REG11.55.01 – Production, Service, and Sale of Food.

7.  EXCLUSIONS

7.1  Nothing in this regulation shall be deemed to affect the activities of University Groups whose official activities include selling or promoting the sale of goods or services, taking surveys, administering the State Employees Combined Campaign, or sponsoring assemblies or public addresses.

7.2  Nothing in this regulation shall prohibit the University from barring solicitation in campus areas that are not designated public forums.  Areas not traditionally open to the public for speech, such as office space, residence halls, and classrooms, may be limited to University uses.