Solicitation, Assemblies, and Public Addresses Regulation

REG 07.25.12

Facilities

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Authority: Issued by the Chancellor. Changes or exceptions to administrative regulations issued by the Chancellor may only be made by the Chancellor.

History: First Issued: 1993. Last Revised: September 2, 2003. Additional History Information.

Additional References:
Facilities Use Agreement Form
Campus Activities

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

1. Purpose and Scope

1.1. This regulation applies to solicitation, assemblies, and public addresses. The University wishes to be accessible to the public. At the same time, limitations on activities on University property are necessary so that the University may fulfill its primary missions of teaching, research, and extension.

1.2. This regulation governs all facilities and property on the University’s campuses or under the operating authority of the University.

2. Definitions

2.1. University Group: an administrative or academic unit within the University, staffed by State employees acting within the scope of their employment.

2.2. Student Group: a group that has been accepted by Campus Activities as a "registered student group" under the rules of that office. The rules and a list of currently registered groups are available at http://www.ncsu.edu/sorc/qryCurrentRegisteredOrgs_1.html.

2.3. Non-University Groups: groups other than Student Groups that are legally separate entities from the University, even though some of the members or participants may be University personnel, alumni, or students. "Non-University Group" may be an individual.

2.4. Commercial Solicitation:

2.4.1. any proposal to sell, solicitation of an offer to buy, or dissemination of information for the purpose of facilitating the sale of goods or services, or

2.4.2. 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

2.4.3. the dissemination or collection of surveys for a commercial purpose.

2.5. Non-Commercial Solicitation:

2.5.1. 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, or

2.5.2. solicitation of charitable contributions

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

2.6. Charitable Organization: an entity within the definition of North Carolina General Statute 1-539.11.

2.7. Charitable Contribution: 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.

3. Permission to Solicit

3.1. In "public forum" areas that have been open to public speech by tradition or administrative approval, permission may be made subject to reasonable time, place, or manner limits. However, the University may not create restrictions based on the lawful content of the speech or material.

3.2. In other areas ("non-public forums" or "limited public forums") permission may also be denied if the proposed speech or activity is inconsistent with University purposes or inconsistent with the use of the specific area or facility, provided there is not "viewpoint discrimination" within a topic of allowed content. University administrators may consult with the Office of Legal Affairs for further information.

4 . Solicitation in Residence Halls and Other University Housing

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, E.S. King Village, or the on-campus fraternity or sorority houses, except as follows:

4.1.1. House councils, Inter Residence Council, and University Housing may generate funds in the residence halls for programming activities consistent with their purposes. The Intrafraternity Council and the Panhellenic Council may do likewise in the fraternity and sorority houses. University Housing may establish rules for these internal fundraising activities.

4.1.2. University and Student Groups, but not Non-University Groups, may engage in commercial solicitation to generate funds for their programming activities consistent with the stated purpose of the group. This solicitation is subject to the restrictions in subsection 4.1.3a. through 4.1.3e., below.

4.1.3. University, Student, and Non-University Groups may engage in noncommercial solicitation only when the following conditions are met.

4.1.3a) Groups wishing to conduct solicitation must have the written permission of Campus Activities in advance.

4.1.3b) Solicitation may occur only within the lobby, waiting parlor or other common area(s) as designated by the Residence Director, but never in individual students' living quarters. No door-to-door solicitation is permitted. Solicitation will not be allowed to disrupt the residence hall environment, and groups engaged in solicitation must conduct their activities so that normal residence hall activities are not disturbed.

4.1.3c) 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. Goods and services offered for sale must comply with applicable State and Federal health and safety laws and regulations.

4.1.3d) 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.

4.1.3e) Pursuant to the Regulation on the Use of University Facilities , groups may be required to sign a Standard Use Agreement.

4.1.4. Charitable solicitation may be carried out in the residence halls, but must comply with 5.3., below. Charitable solicitation is also subject to the restrictions in 4.1.3., above.

4.1.5. 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 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.

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

4.2. 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.

4.3. The Division of Student Affairs and/or 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.

4.3.1. All rules are subject to the Chancellor’s administrative regulations and the policies of the NCSU Board of Trustees and the UNC Board of Governors .

4.3.2. All rules must be available to groups who wish to engage in solicitation, and a copy of the rules should be provided to the Office of Legal Affairs.

5. Solicitation in Areas Other Than University Housing

5.1. Commercial Solicitation

5.1.1. 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:

5.1.1a) Advance written permission must be obtained from the Department of Campus Activities. 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 the Regulation on Use of University Facilities.

5.1.1b) 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 N.C. State property, so long as the contract is signed by a University employee with proper signatory authority.

5.2. Noncommercial Solicitation

5.2.1. All noncommercial solicitation must be approved in advance by Campus Activities, and, if applicable, by the administrator responsible for the building where the activity is to be held.

5.2.2. Exception for distribution of printed materials:

5.2.2a) Subject to the exclusion in 7.2., below, groups who first register with Campus Activities may distribute to passersby in any open exterior campus space any printed materials if the materials are designed for noncommercial purposes. The University does not assume any obligation or responsibility for the content of materials distributed by Non-University or Student Groups.

5.2.2b) Anyone who distributes materials should comply with laws regarding defamation, obscenity, littering, fair labor practices, and other applicable laws.

5.2.2c) 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 5.3. below. If contributions or pledges to an organization other than a charitable organization are to be accepted, the distributing group must comply with Section 5.1. above.

5.2.2d) Distribution of printed materials for commercial purposes must comply in all respects with the requirements of Section 5.1. above. Violations may result in a trespass order pursuant to N.C. General Statute 14-159.13 or other applicable statute.

5.3. Charitable Contributions:

5.3.1. University groups may conduct solicitations of charitable contributions in accordance with this policy.

5.3.2. Non-University charitable organizations are prohibited from conducting independent solicitations of charitable contributions; however, a Non-University charitable organization 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 charitable organization by obtaining advance permission for the solicitation from Campus Activities, and, if applicable, from the person responsible for the building where the solicitation is to be held.

5.4. 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.

6. Assemblies and Public Addresses

6.1. Anyone who wishes to sponsor or organize an assembly or public addresses must apply to Campus Activities or telephone 919-515-2451 or mail or visit at 3114 Talley Student Center, Campus Box 7306, Raleigh, NC 27695) for a permit. The application must be received at least 48 hours before the proposed time and date of the event. Campus Activities will confer with Campus Police when appropriate, and the permit may be issued for a later time and date if extra time is needed for adequate security or because the proposed time conflicts with use by another group. The University may waive the 48-hour requirement for good cause, provided that waivers are based on neutral criteria and not on the content of the event or the viewpoint of the sponsors.

6.2. The University permits assemblies and public addresses by University, Student, and Non-University groups or individuals at the University Plaza (the Brickyard). Groups (including individuals) must obtain permission only from Campus Activities. Permission from Campus Activities will be granted, subject only to reasonable time, place, or manner limits. The University may not create restrictions based on the lawful content of speech.

6.3. Assemblies and public addresses in other non-residence hall areas must also be approved by Campus Activities, and, if applicable, the person responsible for the building where the activity is to be held. In addition to time, place, and manner restrictions, permission may be limited to content that is consistent with the University purpose of the location, provided there is no "viewpoint discrimination."

6.4. Unless sponsored by the University, assemblies and public addresses generally will not be allowed in areas or facilities that have not traditionally been open for public speech.

6.5. All outdoor assemblies and public addresses, including those in University Plaza, must be conducted without sound amplification equipment unless permission for amplification is obtained from Campus Activities. Indoor assemblies and public addresses may use amplification with the permission of the administrator responsible for the facility. Assemblies and public addresses must be conducted so that campus pedestrians and automobile traffic are unimpeded and members of the University Community not participating in the event may proceed with their normal activities.

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, handouts, assemblies or public addresses in campus areas that are not 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.

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