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Part
8 — Regulations Governing the Use and Assignment
of University Facilities
(From Vice President and Treasurer
Memo A-16. Board of Trustees, April 30, 1970. Revised
by the Board of Trustees, January 9, 1975, and July 10,
1975, and May 31, 1997.) |
| Section
II — Appendix B: Regulations Regarding Retailing,
Commercial Soliciting, Canvassing, Sponsorship, and Marketing
Activities on the Campuses of Purdue University |
I. Statement of Policy
Retailing, commercial solicitation, canvassing, sponsorship,
and marketing activities of any product or service on
campus is generally prohibited, except for the provisions
contained in this document. Nothing contained herein shall
be interpreted to limit the lawful and authorized or constitutionally
protected use of University facilities.
II. Related Documents
Executive VP and Treasurer Memorandum No. A-19, March
7, 2000: Delegation of Authority and Responsibility for
Making and Executing University Contracts and Written
Agreements (Except Employment Contracts).
Position of Purdue University on the Sale of Goods and
Services by Recognized Student Organizations for the West
Lafayette campus, approved by VP Student Services and
VP Business Services and Assistant Treasurer, November
29, 1976.
Executive VP and Treasurer Memorandum No. A-18, May
10, 1971. Approval of Fees and Charges.
III. Definitions
A. Campus. All real property owned or
occupied by Purdue University including the West Lafayette
and Regional Campuses.
B. University. Purdue University.
C. Public Areas. University Facilities
which are open to orderly unsupervised access by faculty,
staff, students and visitors (e.g. streets, sidewalks,
lawn areas, malls, and designated portions of some University
buildings and recreation areas during regular building
hours).
D. Restricted Areas. University Facilities
where official University activities are carried out and
which are not open public fora (e.g. offices, classrooms,
laboratories, workplaces).
E. Person. Any student, staff member
or visitor.
F. Staff Member. Any person, who is not
a student, but who is employed temporarily or permanently,
full or part-time, by the University in any capacity,
including but not limited to, members of the faculty and
members of the administrative-professional, extension,
service or clerical staffs of the University.
G. Student. Any person, who has registered
in one or more undergraduate or graduate courses at the
University, excluding, however, regular staff members
who are enrolled in courses for less than eight semester
hours credit in the spring or fall terms or less than
five semester hours credit in the summer term.
H. Visitor. Any person who is neither
a student, faculty, or staff member.
I. Recognized Student Organization. Any
group of University students that has been granted formal
recognition by the Office of the Dean of Students, as
described in University Regulations, Part 7, Regulations
and Procedures for Recognized Student Organizations.
J. Canvassing. Any activity that involves
a request or plea for contributions, opinions, and/or
support related to political, charitable and/or religious
organizations, initiatives or purposes.
K. Commercial soliciting. Any activity
that involves a request or plea for contributions, opinions,
and/or support which relates solely to the economic interests
of the solicitor and/or his/her audience; including, but
not limited to any employee organization that has been
granted informal or formal recognition in accordance with
Section 5 of the Purdue University Board of Trustees “Resolution
Establishing Policies Concerning Employee Organizations.”
L. Retailing. Any activity involved in
the sale of goods or services to ultimate consumers.
M. Sponsorship. Any support for a project
or activity by a person or an organization through either
monetary or non-monetary contributions.
N. Marketing. The process or technique
of promoting, advertising, or distributing a product or
service.
O. Non-Profit Group. For purposes of
this document, a not-for-profit non-commercial agency
qualified as a tax-exempt organization under Section 501(c)(3)
of the Internal Revenue Code of 1954.
IV. Application
These regulations are applicable to all students and staff
members of Purdue University as well as all visitors entering
the grounds of Purdue University, including the West Lafayette
and Regional Campuses.
V. Procedures
Contracts and Approvals
A. University Contracting Group. The
University through a contractual relationship may grant
certain retailing, commercial soliciting, canvassing,
sponsorship or marketing rights. All such contracts must
be approved by the University Contracting Group unless
approval responsibility is otherwise delegated by the
Executive Vice President and Treasurer.
B. Exclusive Rights. Exclusive rights
to a certain category of product or service may be granted
with the approval of the Executive Vice President and
Treasurer or designee. Any such exclusive right must be
the subject of a written contract which will define any
exclusive territory so granted. Departmental initiatives
regarding any exclusive rights agreements are to be communicated
to the Director, University Contracting Group, prior to
contacting vendors.
C. Student Organizations. Contracts for
recognized student organizations to conduct retailing,
commercial soliciting, canvassing, sponsorship, or marketing
activities must be approved by the Fiscal Administrator,
Business Office for Student Organizations as delegated
by the University Contracting Group.
D. Purchasing Services. The Director,
Purchasing Services or designee is responsible for granting
approvals for retailing, commercial soliciting, canvassing,
sponsorship, or marketing activities outside the scope
of the following areas: Intercollegiate Athletics, Housing
and Food Services, Student Organizations and those activities
outlined in Section 6. The Purchasing Services Department
is available for consultation and discussion on matters
relating to retailing, commercial soliciting, canvassing,
sponsorship, or marketing activities on campus.
E. Vending. Campus vending is subject
to territories and authority as defined by contracts administered
by the Food Stores Department. These agreements generally
preclude the retailing of consumable products in contracted
territories.
F. Trademarks and Logos. When any retailing
commercial soliciting, canvassing, sponsorship, or marketing
activities involves the sale or distribution of products
or materials bearing the trademarks or logos of the University,
such products or materials must be approved by the Director,
University Contracting Group or designee.
Athletics
A. General. Subject to compliance with
all applicable University policies, the department of
Intercollegiate Athletics (Athletics) may engage in retailing,
commercial soliciting, canvassing, sponsorship, and marketing
activities consistent with its mission in those facilities
on the West Lafayette Campus under its control.
B. Facilities. Athletics' facilities
are comprised of the following buildings and areas:
1. Mackey Arena
2. Lambert Fieldhouse and Pool
3. Intercollegiate Athletics Facility
4. Mollenkopf Building
5. Ross-Ade Stadium
6. Varsity Tennis Courts
7. Rankin Track and Field
8. Lambert Baseball Field
9. Varsity Softball Complex
10. Intercollegiate Soccer Facility
11. Birck Boilermaker Golf Complex
C. Facility Use. Use of Athletics' facilities
by groups or individuals not affiliated with Athletics
for the purpose of retailing, commercial soliciting, canvassing,
sponsorship, or marketing activities is subject to the
approval of the Director of Intercollegiate Athletics
or designee, and must comply with all other applicable
University policies.
Athletics' facilities are Restricted Areas and, as such,
any individual or group wishing to conduct canvassing
activity on or around Athletics' facilities must obtain
prior written permission of the Director of Intercollegiate
Athletics or designee and will be subject to reasonable
time, place and manner restrictions consistent with the
University's interest in maintaining the security of its
students, staff members and visitors.
Housing and Food Services
A. Purdue Memorial Union and Stewart
Center Areas Governed by PMU
Definition. The Purdue Memorial Union
(PMU) organization includes the Purdue Student Union Board
(PSUB) and the Black Cultural Center (BCC).
General. PMU may engage in retailing,
commercial soliciting, canvassing, sponsorship, and marketing
activities consistent with its mission and subject to
compliance with other applicable University policies.
Facility Use. Use of PMU facilities (including
the BCC and those portions of Stewart Center under PMU
management) by groups or individuals not affiliated with
PMU, for the
purpose of retailing, commercial soliciting, canvassing,
sponsorship, or marketing activities, is subject to approval
by the PMU Director and must comply with all other applicable
University policies.
With the exception of certain, specifically designated
Public Areas, PMU facilities are Restricted Areas and,
as such, any individual or group wishing to conduct canvassing
activity on or around PMU facilities must obtain prior
written permission of the PMU Director or designee and
will be subject to reasonable time, place and manner restrictions
consistent with the University's interest in maintaining
an appropriate educational environment and in protecting
the security of its students, staff members and visitors.
B. University Residences
1. Definitions
University Residences are comprised of two classes of
facilities:
a. Dormitory style residences are defined
as the undergraduate residence halls and graduate housing,
which are secure buildings with regular building hours
and the property on which these facilities are situated.
b. Apartment style residences are defined
as those residence halls which are more easily accessible
to the general public and include Hilltop Apartments and
Purdue Village and the property on which these facilities
are situated.
C. General
a. Retailers, commercial solicitors and
marketers are prohibited from conducting business in residential
areas of University Residences, including posting advertisements
on the residential floors and in stairwells, placing flyers
and other items in resident boxes.
b. Door-to-door retailing, commercial
solicitation, and marketing is strictly prohibited in
dormitory style residences.
c. Any individual or group wishing to
conduct retailing, commercial solicitation, and/or marketing
activities door-to-door on or around the University's
apartment style residences must first obtain prior written
permission from the Executive Director of University Residences
or his/her designee. The Executive Director of University
Residences or his/her designee will condition approval
on the applicant's agreement to reasonable time, place
and manner restrictions consistent with the University's
interest in maintaining an appropriate educational environment
and in protecting the privacy and security of those students,
staff members and other residents of apartment style residence
facilities. If such activity disturbs the living or study
environment of any facility or if an individual or group
has been guilty of past misrepresentation, fraud, deceit,
or unethical business conduct, the Executive Director
may refuse to grant or may suspend permission on a permanent
or temporary basis.
D. Regulation of Other Commercial Activity
a. Recognized student organizations may
distribute information from a designated location in University
Residences facilities provided that they have secured
an approved Event Planning Form from the Office of the
Dean of Students and prior written permission of the Executive
Director of University Residences or his/her designee.
The Executive Director may limit the time, place, and
manner in which the organizations may operate.
b. Other individuals or groups may post
promotional materials (posters, flyers, coupons, etc.)
in the central distribution areas of University Residences
facilities if prior approval from the general manager
of the facility has been secured.
c. Individuals or groups may solicit
subscriptions for magazines, newspapers, and other periodicals
in specifically designated areas of University Residences
provided that they obtain prior written permission of
the Executive Director of University Residences or his/her
designee. The Executive Director may limit the time, place,
and manner in which canvassers may operate consistent
with the University's interest in maintaining an appropriate
educational environment and in protecting the privacy
and security of the particular facility's residents. If
such activity disturbs the living or study environment
of any facility or if individual or group has been guilty
of past misrepresentation, fraud, deceit, or unethical
business conduct, the Executive Director may refuse to
grant or may suspend permission on a permanent or temporary
basis.
d. The delivery of food or merchandise
pursuant to a prior sale or order is permitted. Deliveries
to dormitory style residence facilities must be made only
to the main office of the facility unless the general
manager specifically designates another delivery area.
All persons making deliveries must enter the facilities
through the front entrance. Deliveries may not be made
to student rooms. Deliveries may be made to apartment
style residence facilities.
E. Regulation of Canvassing Activity
a. Recognized student organizations may place
collection boxes in the residence halls if a residence
hall organization co-sponsors a charity event. Student
organization charity activities must be conducted according
to procedures outlined in Section 4.
b. Individuals or groups may conduct
canvassing activities in University Residences facilities
provided that they have secured prior written permission
of the Executive Director of University Residences or
his/her designee. The Executive Director may limit the
time, place, and manner in which canvassers may operate
consistent with the University's interest in maintaining
an appropriate educational environment and in protecting
the privacy and security of the particular facility's
residents.
Student Organizations
A. General Provisions. Recognized student organizations
may engage in retailing, commercial soliciting, canvassing,
sponsorship, and marketing activities with the written
approval of the Office of the Dean of Students and the
Business Office for Student Organizations. The recognition
of student organizations and the approval of their programs
and activities is the responsibility of the Office of
the Dean of Students. The Business Office for Student
Organizations has the responsibility for exercising financial
oversight, including contract approvals, over all student
organizations who must maintain accounts with that office.
When student organization activities are conducted in
Athletic facilities, University Residences, the Purdue
Memorial Union or Stewart Center, the additional written
permission of these facilities shall be obtained. Approved
activities may be restricted as to time, place, and manner.
Activities and fund raising events cannot be in direct
conflict with on-going operations and existing University
contracts and agreements.
All funds collected by recognized student organizations
through retailing, commercial soliciting, canvassing,
sponsorship, and marketing activities are to be handled
in accordance with the policies and procedures as prescribed
by the Business Office for Student Organizations. All
funds collected must be deposited to an account established
in the Business Office for Student Organizations. Sales
activities must be conducted by the student organization
and members must be present at all times during the sales
activity.
B. Sponsorship of Student Organization
Activities. Student organizations may accept sponsorship
for programs or activities with the approval of the Office
of the Dean of Students and the Business Office for Student
Organizations.
Before any commitment is made to accept sponsorship, the
student organization may need to secure a written contract
with the sponsor and the contract must be approved by
the Business Office for Student Organizations.
Retailing, commercial soliciting, canvassing, sponsorship,
or marketing of a sponsor's product may be permitted at
approved student organization activities. The University
may set restrictions on this type of activity with regard
to time, place, and manner. Approval to conduct retailing,
commercial soliciting, canvassing, sponsorship, or marketing
of a sponsor's product must be made in advance of the
activity.
C. University Trademarks and Logos. Student
organization activities involving the sale of products
with the use of the name, insignia, or trademark of Purdue
University must be approved by the Office of the Dean
of Students prior to the date of the activity. Such items
may also require the license authorization of Purdue University
and the provision of payment of the royalty fee specified.
The University Contracting Group is responsible for overseeing
and administering policies on University trademarks, logos,
and insignias.
D. Charities. Student organizations may
raise funds or cash, goods, or gifts in kind on campus
on behalf of a charitable organization under the following
provisions.
a. The sponsoring student organization
must provide a statement verifying that the charitable
organization is organized and operated exclusively for
charitable purposes as defined by the Internal Revenue
Code, Section I-501(c)(3)-1(d)(2).
b. If such a statement of verification
is not available in fundraising activities relating to
disaster relief or human suffering, the sponsoring student
organization must obtain prior approval from the Office
of the Dean of Students.
c. Student organizations will be limited
to three (3) periods of charity activities per semester
not to exceed seven (7) consecutive days each. An additional
charity activity will be permitted each semester to support
the University's United Way initiative.
d. The University may set restrictions
on this type of activity with regard to time, place, and
manner.
Territories
A. General. Certain campus locations
have been designated as appropriate venues for retailing,
commercial soliciting, canvassing, sponsorship and marketing
activities. Use of these venues is controlled by University
offices or departments with a direct interest or responsibility
for these facilities, whether interior or exterior. Specific
venues associated with Intercollegiate Athletics, University
Residences, and the Purdue Memorial Union have been noted
in Sections 2 and 3 of this policy. Questions regarding
which office or department has responsibility for other
campus venues should be directed to the Office of Space
Management and Academic Scheduling.
B. Exclusive Territories. Certain venues
have been designated as Exclusive Territories through
contractual relationship. See Section 1.
Miscellaneous
A. Sales by Nonprofit Groups. Nonprofit groups
whose activities are sponsored by University departments
and coordinated by the Division of Conferences may, under
certain conditions, conduct sales of publications and
materials among its members and in assigned, restricted
areas on campus, provided that:
1. The group must be a not-for-profit
non-commercial agency that has qualified as a tax-exempt
organization under Section 501 (c) (3) of the Internal
Revenue Code of 1954 as amended.
2. The primary purpose of the sale is
for the benefit of the nonprofit group and its members
and contributes to the fulfillment of its educational
objectives.
3. The items sold will be restricted
to publications and materials which relate to the group's
educational objectives, and which are not readily available
through University retail sales operations or local private
business establishments.
4. Sales will be restricted in scope
to the members of the sponsored, nonprofit group.
5. Sales will be restricted in location
to non-public areas specifically assigned for this activity.
A specific space-use charge will be assessed by the Division
of Conferences, and this charge will never be less than
the University's related direct costs. If such space and
any equipment or other services related to the sales activity
are arranged for by the Division of Conferences with the
Purdue Memorial Union, these arrangements will be in accordance
with the provisions and charges set forth in the Purdue
Memorial Union and Stewart Center "Exhibit Policy."
6. When the Division of Conferences'
sales activities are conducted in Athletic facilities,
University Residences, the Purdue Memorial Union, or Stewart
Center, the additional written permission from these facilities
shall be obtained. The approval from the Director of Purchasing
Services is required for all sales activities conducted
in or on any other University facility.
7. This Section shall not apply to Purdue
University recognized student organizations.
B. University Recognized Charities, University
Related Clubs, and Professional Academic Societies. Staff
members may, with the prior permission of the Vice President
for Business Services and Assistant Treasurer, or designee,
solicit on campus on behalf of charities officially recognized
by the University; University-related social clubs; and
professional and academic societies officially recognized
by the University. Such permission may be restricted as
to time, place and manner.
C. Rates and Fees. All fees and charges
of any kind that are not covered by these regulations,
must be approved by the Board of Trustees or the Executive
Vice President and Treasurer or designee. Rates and fees
charged by University areas are subject to the University
rate approval process as outlined in the Purdue University
Business Procedures Manual and Executive Vice President
and Treasurer Memorandum A-18.
D. Regional Campuses. All authority granted
under these regulations is conveyed to the appropriate
academic, fiscal, or administrative officer of each Regional
Campus. The Regional Campuses will use these regulations
as the basis for developing supplemental guidelines to
address retailing, commercial soliciting, canvassing,
sponsorship, and marketing activities at each Regional
Campus.
Special Situations
A. Exceptions. Exceptions to these regulations
will require the prior written approval of the Executive
Vice President and Treasurer or designee.
B. Enforcement. Enforcement authority
is delegated by the Executive Vice President and Treasurer
to the approving department or office as set forth in
these regulations. Enforcement authority is also delegated
to the University Police Department after consultation
with approving department or office as set forth in these
regulations. Violators will be subject to warning by University
officials and/or the Purdue University Police Department.
Subsequent contact shall be documented in writing and
violators may be designated as "persona non grata."
Continued or repeat violations may result in criminal
arrest for trespass or other charges.
History
This policy supersedes Executive Vice President and Treasurer
Memorandum No. A-27, dated July 10, 1975 on the Regulations
Regarding Canvassing, Peddling, and Soliciting and the
Delivery of Merchandise on the Campuses of Purdue University.
The revised policy updates the language and terminology
relating to canvassing, peddling, and commercial soliciting
and also includes the current policy regarding exclusive
contracts, territories, and trademarks and logos. |
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