Solicitation Policy

Human Resources Policy HR 65 02 Revised May 22, 2003

Purpose: The University of North Carolina at Pembroke ("UNCP" or the "University") has the duty and responsibility to maintain a safe and healthy work environment conducive to its principal mission of education while respecting the constitutional protection of free speech as well as the individuals right to privacy. Accordingly, the University hereby adopts this solicitation policy for the purposes of: (1) preserving the University's right to permit or prohibit sales and solicitations activities on university property, and (2) to protect the campus community from sales and solicitations activities that are intrusive, unrelated to our educational purpose, or incompatible with normal operations. This policy is not intended to constrain solicitation of the University, which may be directed to appropriate employees solely in their capacities as employees or agents of the University in the normal operation of University purchasing or contracting.

Scope: This policy applies to solicitation activities conducted on the grounds or within buildings under the control of UNCP, including solicitation using UNCP's electronic mail network ("email").

Policy: Solicitation of employees and students and/or distribution of literature for solicitation purposes is prohibited unless approved and conducted in accordance with the content, requirements and restrictions of this policy. The University reserves the right to withhold approval for any solicitation activities on property under its jurisdiction, and to regulate the time, place, manner and duration of approved solicitation. The University makes no warranty regarding the truth of any representation made in any written materials posted or distributed or other information provided as part of any solicitation activity engaged in pursuant to this Policy.

Solicitation and distribution activities by non-employees:

1. An unaffiliated organization or non-employee intending to solicit or distribute literature to employees or students must, each visit or for any other solicitation activity:

a. Give advance notice of seven days of such intention by contacting, in writing, the Vice Chancellor for Student Affairs

b. At the time the advance notice is given, provide a list of the name of the persons or alternates who wish access to the University

c. In the event two or more requests for access to a facility for the same or overlapping times have been made, the Vice Chancellor for Student Affairs should attempt to provide alternate designated areas. In the event that no alternate designated area is available, the Vice Chancellor for Student Affairs will grant access to the available designated area on a rotating basis with equal time for its use to the extent reasonably possible.

d. Unless specifically provided otherwise herein, an unaffiliated organization or non-employee may solicit or distribute literature only in designated non-working areas, provided any employees being solicited are on non-working time. Designated areas are to be determined by the Vice Chancellor for Student Affairs and a list of such areas will be made available upon request

e. An unaffiliated organization or non-employee may not distribute literature nor solicit employees in any work area, regardless of the fact that the employees may be on non-working time

f. An unaffiliated organization or non-employee may post or distribute only those written materials that are submitted to and approved by the Vice Chancellor for Student Affairs. Such notices must be a reasonable size so as not to obstruct any other notices and may be posted only in designated locations. All unaffiliated organizations or non-employees will have equal rights to any designated posting area. A list of the designated posting locations will be made available upon request.

2. Any disagreements regarding these rules should be directed to the Vice Chancellor for Student Affairs for final resolution

Solicitation and distribution activities by or of employees:

1. An employee may solicit or distribute literature to other employees:

a. in non-working areas only if

i. All employees involved are on non-working time, or
ii. The solicitation will benefit a non-profit, community service organization;

b. in working areas and non-working areas, only if

i. The solicitation or distribution supports a UNCP entity such as departments, affiliated organizations, athletics, alumni association, or advancement,
ii. The solicitation will benefit a non-profit, community service organization and this process does not interfere with job duties,
iii. The solicitation takes the form of passing literature for orders as long as this does not interfere with job duties. Paying for and delivering of items ordered through this process must be done during non-working hours, or
iv. The solicitation or distribution is approved by the Chancellor as an exception to this Policy as provided herein.

2. Use of University internal campus mail, email, or any other University property by employees for solicitation purposes is prohibited, except for solicitations by or on behalf of affiliated organizations that do not interfere with the use of said mail and email systems and property for customary University operations. Employees may not use University facilities to conduct private enterprise.

3. Only employees of the University may distribute or post notices, literature or other appropriate information on employee bulletin boards designated as such by the University and only after receiving prior written approval from the Human Resources Director or his/her designee. If a notice contains information about an on-campus solicitation by an organization, it must conform to the permission granted to the organization (in terms of designated area, time and date) for such solicitation.

4. The Chancellor, at his discretion, may approve an exception to this Policy and set conditions under which University facilities may be used to engage in solicitation and distribution of information on behalf of any Community Service Organization that is sponsored by a University department, division, or other major administrative unit, if he determines the exception will further the mission and goals of the University.

Solicitation and distribution activities by students:

1. Solicitation, sales, and distributions on campus sponsored and conducted by registered student organizations, students, or student groups must be registered in advance with the Vice Chancellor for Student Affairs and carried out in only the designated areas. Student elections may be subject to additional requirements adopted by the Student Government Association.

In order to ensure availability of the desired facility, arrangements should be made at least four days in advance of the event. Use of all University Center facilities must be scheduled with the Director of the University Center and Vice Chancellor for Student Affairs. (See UC Policy Manual)

2. Notwithstanding any other statement in this Policy, students or registered student organizations may not solicit for funds from any on-campus group and/or agency unless granted permission by the Vice Chancellor for Student Affairs. Students shall not use any University facilities, including residence hall rooms, for the operation of private enterprise.

3. No student or group/organization shall solicit for funds, goods, or services under the University name off-campus unless the project has been approved in advance by the Vice Chancellor for Advancement and Vice Chancellor for Student Affairs.

General provisions:

Any organization or person who posts or distributes any tangible materials as any part of a solicitation activity shall be responsible for removing and properly disposing of all such materials at the conclusion of the solicitation period.

Any individual, organization, or any entity found in violation of this policy will be subject to disciplinary action deemed appropriate by the Chancellor and the Executive Committee.

Definitions:

1. Designated area - any facility location to be determined by the Vice Chancellor for Student Affairs.

2. Designated parking lot - an area to be determined by the Vice Chancellor for Student Affairs where employees and/or visitors park motor vehicles.

3. Organization - a body of persons established for a specific purpose.

a. Affiliated organization - any UNCP entity, including any department or division of the University, UNCP athletics, alumni association, and advancement, the Faculty Senate, the Staff Council, the Student Government Association, and any registered Student organization. Acting as an affiliated organization, the Office of Human Resources, at its discretion, may forward to employees information and materials
from representatives of University recognized and approved firms offering optional retirement programs, deferred compensation, insurance, organization memberships, and similar employee benefits.

b. Unaffiliated organization - any organization that is not an affiliated organization.

4. Facility - any work or non-work area comprising one worksite that is governed by and under the control of UNCP.

5. Vice Chancellor for Student Affairs - the person designated by the Chancellor to be contacted regarding solicitation or distribution activities conducted at any facility.

6. Non-employee - any person not employed at UNCP, or any person not in an active work status.

7. Non-work area - any area to be determined by the Vice Chancellor for Student Affairs and generally includes lobbies, cafeterias, public areas or designated parking lots.

8. Non-working time - approved leaves, lunch periods, and before and after scheduled working hours.

9. Solicitation - any activity conducted for the purpose of advertising, promoting, fund raising, or selling any product or service or encouraging membership or participation in any event, group, association or organization.

10. Work area - an area to be determined by the Vice Chancellor for Student Affairs, and generally includes offices, work stations, conference rooms and corridors leading directly thereto which are used as an integral part of performing work and any area where the employee performs his/her official duties.

11. Working time - that time when an employee's duties require that he or she be engaged in work tasks, but does not include an employee's own time, such as meal periods, vacations, and time before or after a shift.

12. Registered student organization - an organization of enrolled students that is recognized by the Student Government Association.

13. Student - an individual registered and enrolled at UNCP.

14. Student group - a group of enrolled students that is not recognized by the Student Government Association, but have some identifying characteristics that imply separateness from other students.

15. Community Service Organization - A non-profit, non-partisan community organization that is designated as an IRS Code 501(c) agency, or a human service organization licensed or accredited to serve citizens with special needs including children, youth, and the elderly.