Sales and Solicitation on Campus

From Appalachian State University Policy Manual

Policy 507.17

1. Purpose

1.1 The purpose of this Policy is to place reasonable limitations on solicitation activities and the placement of materials and signs so that Appalachian State University (the “University”) may fulfill its primary mission of education and ensure the safety and welfare of the campus community. The University strives to uphold the freedoms of expression and speech guaranteed by the First Amendment of the U.S. Constitution and N.C. Constitution. Free speech is central to the University’s academic mission, and it encourages and supports open, vigorous, and civil debate.

2. Scope

2.1 This policy applies to solicitation, the distribution of materials, and public displays conducted on the University’s campus.

3. Definitions

3.1 Charitable Contribution - Any contribution to a qualifying Charitable Organization that is deductible under Section 170 of the Code.

3.2 Charitable Organization - Any organization that is organized and exclusively operated for one or more of the purposes specified in Section 501(c)(3) of the Internal Revenue Code of 1986 (the “Code”), as amended, and is exempt from federal income taxation under Section 501(a) of the Code.

3.3 Commercial Solicitation - Activities including:

  1. Any proposal to sell, solicitation of an offer to buy, or dissemination of information or sample products, for the purpose of facilitating the sale of goods or services; or
  2. Any activity which attempts to raise funds, whether through the sale of goods and services or through donations, for any entity that is not a charitable organization, including a Student Group; or
  3. The dissemination or collection of surveys for a commercial purpose; or Busking, defined as the activity of playing music for voluntary donations.

3.4 Facility: Any building, structure, ground, sidewalk, recreation area, and street considered to be part of Appalachian State University Campus, owned, leased or under the authority of the University.

3.5 Non-Commercial Solicitation - Activities including:

  1. Any distribution of leaflets, brochures or other written material to assemblies or passersby, conducted without intent to obtain commercial or private pecuniary gain; or
  2. The solicitation of charitable contributions.

This definition does not include the dissemination of information for purposes of the administrative, academic, research, education, or engagement activities of the University.

3.6 Non-University Group - An individual or group that is a legally separate entity from the University, even though some of the members or participants may be University personnel, alumni, or students; provided, however, that Non-University Groups shall not include any group that is a University-Sponsored Group.

3.7 Public Display - A temporary display intended mainly for educational or informational purposes. Public Displays may include posters, banners, kiosks, bulletin boards, flags, and related surfaces. Public Display may also include temporary memorial tributes.

3.8 Solicitation - any activity which has as its primary purpose the advertisement of or the inducement to purchase or endorse a product, service, proposition, or cause.

3.9 University-Sponsored Group - Entities sponsored by a University Unit or Student Group

  1. University Unit: An administrative or academic unit within the university, staffed by University employees acting within the scope of their employment. Also included in this group are the intercollegiate athletic department and teams, university committees, task forces, governance bodies, and councils.
  2. Student Group: A group of currently enrolled Appalachian State University students who unite to promote a common interest. The group may include other members of the University community, such as alumni, faculty, staff, and administrators, provided at least fifty-one (51) percent of the membership is comprised of currently enrolled students. Only currently enrolled students can serve as officers or vote on organizational matters.

4. Policy Statements

4.1 General Requirements for Solicitation: Except as provided in this policy, all Solicitation on University property is prohibited. Individuals or groups found to be in violation of this policy may be removed from University property.

4.2 Commercial Solicitation: Individuals and groups seeking to engage in the sale of goods and services under this section must receive a permit from the Vice Chancellor for Finance and Operations or his/her designee, Vice Chancellor for Student Affairs or his/her designee, or the University Athletics Director or his/her designee as may be appropriate. Request forms must be provided at least one week prior to initiating Solicitation activities. Solicitation permits will specify the date(s), time(s), and place of the Solicitation. The University may establish reasonable time, place, and manner procedures for such Solicitations.

4.2.1 University-sponsored groups may engage in Commercial Solicitation to generate funds for their programming activities consistent with the stated purpose of the group if the activity is designed to enhance student learning through engagement. All groups seeking to engage in the sale of food or beverages on campus must also abide by the Grandview Catering and Events’ First Right of Refusal.

4.2.2 A Student Group may sponsor Solicitations or engage in the sale of goods or services as part of legitimate academic assignments that are sanctioned by the appropriate dean and designed to enhance student learning through engagement.

4.2.3 University Units and Student Groups may not sponsor Solicitations that require multi-year financial contractual obligations of a student (e.g., credit card applications).

4.2.4 Commercial Solicitation by Non-University Groups is permitted only as follows:

  1. At designated University events as may be designated by the Chancellor or his/her designee; or
  2. When the solicitor has entered into a contract with the University to either (1) provide goods or services that are related to the University’s mission or (2) to meet students’ needs that are not otherwise available in the local area.

4.3 Non-Commercial Solicitation: Any person may distribute leaflets, brochures or other written materials in any open, exterior campus space; provided, however, that materials may not be placed on parked vehicles. Anyone distributing materials must do so in accordance with additional provisions found in this policy and must comply with laws pertaining to defamation, obscenity, littering, and other applicable laws.

4.3.1 University-Sponsored Groups may solicit Charitable Contributions to benefit a Charitable Organization provided that the group files all appropriate registration forms with and receives a permit from the Vice Chancellor for Facilities and Operations or his/her designee, the Vice Chancellor for Student Affairs or his/her designee, or the Athletics Director or his/her designee prior to initiating solicitation activities.

4.4 Solicitation in Residence Halls and Other University Housing

4.4.1 University housing areas are not public forums. No person, organization, or agency may engage in commercial or noncommercial solicitation in the residence halls.

4.4.2 Students are not permitted to use their rooms for commercial Solicitation or to have product demonstrations or parties, or to advertise their room number for sales purposes, or to regularly conduct a business from their room. However, students may sell their used personal possessions and may advertise their room or phone number for this purpose.

4.4.3 The Division of Student Affairs and/or Department of University Housing may develop further procedures for Solicitation in the residence halls. These procedures 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.

4.5 Public Displays

  1. No posters, stickers, or other materials may be fastened to any part of a Facility except on surfaces provided for that purpose, such as kiosks, displays, and bulletin boards, or as permitted by a Division head. The materials must be mounted with tape, pushpins, paper staples, or other means to allow removal without surface defacement. Stickers must be affixed in the aforementioned manner and not with their adhesive backings.
  2. Subject to the approval of Vice Chancellors or their designees, each University Unit manager may determine how surfaces and bulletin boards within their unit may be used. Any use and/or permission must be made pursuant to this Policy.
  3. General-purpose bulletin boards are provided at several locations on campus. These bulletin boards may be used for commercial purposes, informational purposes, or for Solicitation of charitable contributions. Maintenance and governance of such bulletin boards shall remain the responsibility of the Facility in which they are located.
  4. No material may be placed in elevators, on restroom stalls, doors, or lampposts in University Facilities.
  5. Any outdoor kiosk(s), general-purpose surface, and/or general-purpose bulletin board on campus may be used for informational and commercial purposes by any group, including University Units, Student Groups, and/or Non-University Groups. All materials are subject to removal at any time.
  6. No material may be placed on any vehicle parked or stopped on the University campus.
  7. Persons responsible for damage to walls or other surfaces resulting from violation of this policy shall pay the costs associated with repair and may be subject to additional criminal penalties pursuant to N.C.G.S. 14-132.

4.6 Temporary Outdoor Signs: Temporary outdoor signs, including sandwich boards, easels, and yard signs, are permitted in accordance with the following conditions:

  1. University-Sponsored Groups, students, and Non-University Groups may place temporary signage around campus to promote activities, events, and programs.
  2. Groups and individuals are responsible for providing their own signage. Size limits for temporary signage are as follows:
    1. Yard signs: no larger than 18 X 24 inches
    2. Sandwich boards: maximum size of 24 X 46 inches
    3. Flags: no larger than 6 X 13 inches
  3. Except for University-contracted vendors, signage used for commercial advertising is prohibited. The signage may acknowledge the corporate support of the activity, event, or program.
  4. Candidates for student government election must follow student government election policies regarding the use of signage and when campaigning may begin. Signage used for student government elections may remain for the duration of the campaign period.
  5. All signs must be placed where they do not impede pedestrian or vehicle traffic.
  6. Signage shall not disrupt existing plant life or foliage.
  7. Signage having large stakes is not permitted. Stakes must be no higher than 30 inches, and no larger than ½ inch diameter.
  8. Signage should be placed to minimize interference with University grounds maintenance. The University reserves the right to remove signage as part of its normal maintenance schedule. Any removed signage will be discarded, and charges may be assessed for removal and disposal.
  9. Except in relation to student government elections, signage may be placed on campus no more than thirty (30) days prior to the activity, event, or program. The signage must be removed within 24 hours following the conclusion of the activity, event, or program for which the sign is related. Any signage remaining after this period will be discarded.
  10. Posting and displays of temporary signage related to the University’s role as host of a polling location may be governed by separate requirements established jointly by the University and the Watauga County Board of Elections that supersede or must be adhered to in addition to, this policy.
  11. Artwork in public spaces on campus, including outdoor campus spaces and interior public spaces, including but not limited to lobbies, social spaces, hallways, classrooms, etc. (“Public Art”) may not be altered in any way.

Signage failing to meet the above conditions will result in removal, possible loss of future privileges, and charges for removal and disposal.

4.4 Exceptions: Exceptions to this policy may be granted, in writing, by the Vice Chancellor for Finance and Operations when the request is related to University employees or the Vice Chancellor of Student Affairs when the request is related to students.

Additional Resources

Administrative Unit Contact

Finance and Operations
https://finops.appstate.edu
828-262-2030

History

Issued: September 3, 2024

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