President's Directive No. 2

Administrative Guidelines Regarding Solicitation, Commercial Solicitation, Commercial Transactions and the Sale or Display of Published Materials

 

Directive

Solicitation; commercial solicitation; commercial transactions; and the sale, attempt to sell or display for sale of books, newspapers, pamphlets and other published materials may occur as long as the activity is permitted and those engaging in the activity adhere to this Directive and to the time, place and manner restrictions set forth below. Activities that do not comply with this Directive are prohibited.

Authority

California Education Code Sections 66600, 66606, 89030, 89031 and 89035. California Code of Regulations, Title 5, Sections 42350-54.

Scope

A. This Directive is effective on the campus of Cal State Fullerton and on any other property controlled by the University. Members of the University community, including faculty, staff, students, guests and visitors, are subject to this Directive.

B. This Directive does not apply to (a) commercial solicitations, commercial transactions and the sale, attempt to sell or display for sale of published materials by a University auxiliary, (b) fundraising sales by University student clubs and organizations and faculty/staff affinity groups, (c) private sales between individuals where there is no attempt to solicit or sell to the general campus population, and (d) advertisements in the Daily Titan and other recognized student and faculty/staff publications.

Definitions

A. "Commercial solicitation" means any direct or personal communication in the course of a trade or business reasonably intended to result in a sale.

B. "Commercial transaction" means selling or purchasing or both selling and purchasing by any person in the course of employment in, or in the carrying on of, a trade or business.

C. "Private sale" means occasional selling between members of the University community.

D. "Sale," "selling" or "purchasing" mean an activity creating an obligation to transfer property or services for a valuable consideration.

E. "Solicitation” means to importune, or endeavor to persuade or obtain by asking, but does not include "commercial solicitation."

Implementation

The scheduling of solicitation and commercial solicitation activities; commercial transactions; and the sale, attempt to sell or display for sale of books, newspapers, pamphlets and other published materials is contingent upon the activity or transaction being permitted and those engaging in the activity adhering to this Directive.

A. Commercial Transactions and Sales of Published Materials

1. Commercial transactions and the display of property or services for sale are permitted as long as prior written authorization has been obtained from the President or designee. Persons or organizations wishing to engage in commercial transactions or display property or services for sale will be granted permission if the proposed activity (limited to a maximum of twenty (20) business days per academic semester per seller/vendor) adheres to the time, place and manner restrictions established by the University; is not prohibited by law and (a) the proposed activity aids achievement of the University’s educational objectives or (b) the prospective seller/vendor makes no more than one appointment per day and the prospective buyer has agreed in writing in advance to an appointment.
2. The sale, attempt to sell or display for sale of books, newspapers, pamphlets and other published materials will be permitted by the President or designee provided that such published materials do not (a) violate applicable laws pertaining to obscene matters or (b) consist of term papers, theses, or other written materials submitted for academic credit that the seller knows will be used to engage in academic dishonesty, including plagiarism and cheating, or otherwise violate the Code of Student Conduct.
   a. Time
   Daily from 8 a.m. to 10 p.m.
   
   b. Place
   Reserved spaces in the patio area in front of the University bookstore and, in the case of newspapers, designated areas.
   
   c. Manner
   Commercial transactions and the sale or display for sale of books, newspapers, pamphlets and other published materials (1) may not cause actual physical harm to a person; (2) may not impede classes or any other regular or essential operations of the University, including any emergency response or drill; (3) may not impede or obstruct the freedom of movement of any pedestrian—including individuals with disabilities, bicyclist or vehicle—including free entry to or exit from any University property or facility; (4) must be carried out in compliance with the University’s amplification guidelines; (5) may not promote an unlawful end, such as promoting actual violence or bodily or property harms, terrorist threats, defamation, obscenity, and false advertising, (6) may not violate applicable laws pertaining to obscene matter, (7) may not consist of term papers, theses, or other written materials submitted for academic credit that the seller knows will be used to engage in academic dishonesty, including, but not limited to, plagiarism and cheating, or otherwise violate the Code of Student Conduct and (8) may not violate any federal, state or local safety code, such as regulations set by the State Fire Marshal. No such activities may occur during Commencement ceremonies. Individuals are allowed to distribute printed matter as long as, other than material discarded or dropped in or around appropriate receptacles, they make a reasonable effort to retrieve and remove such materials prior to their departure that day.

3. Print materials adhering to and permitted under this Directive may be sold from or displayed for sale in vending machines/news racks whose location has been designated by the University’s Vice President for Administration and Finance/CFO.

4. To request approval and to obtain the required permit to engage in commercial transactions and/or the sale or display of published materials, contact the Auxiliary Services Corporation at 657-278-3415. This permit must be visible and displayed at all times.

 

B. Solicitation and Commercial Solicitation

1. Solicitation and commercial solicitation are permitted as long as prior written authorization has been obtained from the President or designee. Individuals or organizations wishing to engage in solicitation will be granted permission (maximum of twenty (20) business days per academic semester per individual or organization) if the proposed activity is not prohibited by law and is conducted in accordance with the following time, place and manner restrictions.
   a. Time
   Daily from 8 a.m. to 10 p.m.
   
   b. Place
   Reserved tables on the Titan Walk.
   
   c. Manner
   Solicitation activities (1) may not cause actual physical harm to a person; (2) may not impede classes or any other regular or essential operations of the University, including any emergency response or drill; (3) may not impede or obstruct the freedom of movement of any pedestrian, bicyclist or vehicle, including free entry to or exit from any University property or facility; (4) must be carried out in compliance with the University’s amplification guidelines; (5) may not promote an unlawful end, such as promoting actual violence or bodily or property harms, terrorist threats, defamation, obscenity, and false advertising, (6) may not violate applicable laws pertaining to obscene matter, (7) may not consist of term papers, theses, or other written materials submitted for academic credit that the seller knows will be used to engage in academic dishonesty, including, but not limited to, plagiarism and cheating, or otherwise violate the Code of Student Conduct and (8) may not violate any federal, state or local safety code, such as regulations set by the State Fire Marshal. No such activities may occur during Commencement ceremonies. Individuals are allowed to distribute printed matter as long as, other than material discarded or dropped in or around appropriate receptacles, they make a reasonable effort to retrieve and remove such materials prior to their departure that day. Marketers of credit cards are prohibited from offering gifts to students for their filling out credit card applications.

2. To request approval and to obtain the required permit to engage in solicitation or commercial solicitation, contact the Office of Student Life and Leadership at 657-278-3622. This permit must be visible and displayed at all times.

C. The prior scheduling of an activity, exceeding reservation limits, and/or a health or safety issue represent the sole bases for declining to schedule an activity that otherwise complies with this Directive.

Accountability

Violations of this Directive may result in removal of the offending party or parties from the campus, as well as possible loss of further use of campus facilities and grounds. Personal or corporate liability for any cost incurred by the campus due to the improper use may be imposed upon the responsible party(s). In addition, a violation may constitute a crime under the Penal Code and the offending party may be found guilty of a misdemeanor pursuant to Education Code Section 89031, and also may subject the violator, if a student, to student disciplinary action pursuant to Title 5, California Code of Regulations, Sections 41301-41303. Non-campus affiliated groups or individuals may also have their future privileges revoked under Section 626 et seq. of the Penal Code. Faculty and staff who violate this Directive are subject to appropriate disciplinary action pursuant to the applicable collective bargaining agreement and/or administrative policies or procedures.

 

Mildred García,
President
June 23, 2017