Human Resources

Appendix D - Policy on Commercial and Charitable Solicitation

All use of University owned, operated, or controlled goods, equipment, services, and property is subject to Article VIII, 1(a) of the Illinois Constitution of 1970, which, among other things, prohibits the rental or use of State property for any purpose inconsistent with the originally intended public use.

It is not the intent of this policy to prohibit the use of University property in any way which interferes with protected First Amendment rights. The following guidelines have been developed to cover activities where questions concerning the use of University property for First Amendment purposes and the prohibition of its use for private or commercial purposes have frequently arisen in the past. It should be noted that these guidelines do not include all of the rules and regulations governing charitable and commercial solicitation, the display or distribution of printed materials, the collection of signatures or other similar activities which have been adopted by the Residence Halls and the University Union. The rules and regulations governing the use of the Residence Halls and the University Union must be consulted separately.

I. COMMERCIAL SOLICITATION ON CAMPUS

Commercial solicitation conducted for private gain and resulting in the immediate exchange of goods or services for remuneration is prohibited on the campus property. Exceptions exist only under the following circumstances:

  • Space may be rented in areas such as the University Union on a temporary, limited basis for commercial activities which are sponsored by a recognized University organization; and
  • Exclusive vendor contracts may be negotiated with the University.

No one shall distribute any individually packaged food items unless purchased through the University Union or accepted by them under their governing rules and regulations.

II. CHARITABLE SOLICITATION ON CAMPUS

Upon compliance with the following conditions, recognized internal organizations composed of students, faculty or staff of Western Illinois University or external organizations sponsored by a University constituency shall be granted permission to solicit contributions and conduct fund raising activities for charities whose purpose it is to benefit society or any considerable part thereof through benevolent and humanitarian activities without the enhancement of the private wealth of any individual associated there with. Charitable solicitation conducted by the University and directed at its employees shall be limited to the WIU Foundation and to the annual United Way Fund Drive and shall be exempt from these guidelines.

A. Approval

No person shall conduct such activity without first having procured credentials or identification as an agent for an activity. At least three (3) days prior to the commencement of solicitation, organizations must submit in writing to the Director of the University Union a request for permission to engage in charitable solicitation on campus. Said requests shall identify the soliciting organization and the charity and shall specify the times, dates, and locations at which solicitation will be conducted. Upon request, the soliciting organization will provide evidence that the charity meets the criteria specified in the preceding paragraph.

B. Conditions

Charitable solicitations shall not interfere with the flow of traffic or with the educational processes of the University and shall be conducted under whatever other reasonable time, place and manner restrictions are established by the Vice President for Student Services, the Vice President for Advancement and Public Services and the Director of the University Union.

  1. Charitable solicitation, aside from that which is conducted under the separate rules and regulations of the University Union or the Student Residential Programs, will normally be restricted to the following outside locations:
    • The walkways and open area traditionally known as the "free speech area" directly to the north of the University Union.
    • The south campus area adjacent to the University Union and covering the open spaces between Seal, Sallee, Browne, and Memorial Halls.
  2. Solicitation shall be limited to the University's normal operating schedule and limited to daylight hours.
  3. The period of time for approval shall be determined by the Director of the University Union at the time of application. All approvals shall expire on the time and date specified on the permit. Prior to renewal, a new application must be filed with the appropriate office. Approval of any activity does not create any right to renewal.
  4. Solicitation shall not be conducted in any way which interferes with normal University operations or which violates any applicable State law or Board of Trustees of Western Illinois University or University regulation.
  5. Any organization that is denied permission to solicit charitable contributions may appeal in writing to the Vice President for Advancement and Public Services, whose decisions shall be final.
C. Enforcement
1. Violations

Alleged violations of this policy should be reported to the Director of the University Union, who after consultation with the Vice President for Advancement and Public Services or his/her designee, will determine whether or not a violation is occurring. The aid of the Office of Public Safety may be requested to ensure compliance with this policy. Upon a determination by the Vice President for Advancement and Public Services and the Director of the University Union that a violation is occurring, the Office of Public Safety shall inform the person(s) responsible that the violation and/or activity must cease.

2. Penalties

Violations of this policy may result in withdrawal of permission to solicit for charitable purposes. Individuals may be prohibited from entering any area of the campus and may be excluded from the campus if this policy is violated. Failure to comply with a cease and desist directive may lead to arrest and prosecution and/or result in enforcement of sanctions through the University Student Judicial Process.

3. Appeals

Initial determinations that violations of this policy have occurred may be appealed to a review committee composed of the Vice President for Student Services, the Administrative Assistant to the President/Affirmative Action Officer, and the Director of Advancement and Public Services (or their designees).

Appeals should be in writing and should be submitted to the Office of the Vice President for Student Services within five (5) working days after initial determination. Additional information on the procedures for review may be obtained from any of the above offices.

April 12, 1985
Leslie F. Malpass, President

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