8. Commercial Solicitations & Distribution Issues

8.1 Commercial and Fundraising Activities [See NDSU Policy 150 ]
8.1.1 Recognized student organizations must register fundraising activities with the Associate Director of Memorial Union/Student Activities at least two (2) weeks prior to advertising or initiating fundraising efforts.

Activities or items associated with fundraisers must be consistent with University policies.

Student organizations may use University facilities for sponsoring events at which an admission is charged or donations are solicited, provided that the group has worked with appropriate departments in reserving facilities and coordinating activities. Facility rental fees may be assessed for events at which admission is charged.

8.1.2 Organizations Not Affiliated with NDSU and Individuals (regardless of affiliation with NDSU) may not advertise, sell, conduct a business, or raise funds on campus or in a University residence without first registering and receiving written permission from the following:

In all University apartments, from the Assistant Director for University Apartments and Residence Services. Commercial activities in public areas of University Apartments will not be allowed.

In residence halls, from the Associate Director of Residence Life. Commercial activities in public areas of residence halls will not be allowed.

In fraternity or sorority houses, from the president of the individual fraternity or sorority; permission will be limited to allowing commercial activities in public areas - not including rooms or corridors.

In the Memorial Union, from the Memorial Union Director or the Director's designee. Approval requires a confirmed reservation of space in the Memorial Union. Rental fees (if applicable) will be assessed for space utilized for these purposes.

In the Wellness Center, from the Wellness Center Director or the Director's designee.

In All Other Areas, please consult the Dean of Student Life Office for referral to the appropriate University official.

8.1.3 Parking Areas (Leaflets) Placing flyers or other leaflets on vehicles on the NDSU campus, including those in NDSU parking lots, is prohibited. Information left on vehicles will be removed and destroyed. If litter results from such activities, the sponsoring individual/group may be required to pick up discarded flyers or may be billed by the University for providing that service.

8.1.4 Raffles or Lotteries require a permit from the City of Fargo. Permit applications may be obtained from the City Auditor's Office or the Memorial Union Student Activities Office.

8.2 Solicitations/Distribution of Literature
8.2.1 All individuals or organizations responsible for distribution of literature on campus must be identified on the literature.

8.2.2 All individuals or organizations distributing literature will be responsible for cleaning up all litter resulting from its distribution. Clean-up costs will be assessed to any such person or group which does not clean up all such litter within a reasonable time.

8.2.3 Distribution by means involving shouting, pursuing, hawking, or accosting individuals is prohibited, as is any interference with normal University functions or interruption of the free flow of traffic, inside or outside any building.

8.2.4 Commercial literature may not be sold or distributed on campus unless the rules governing advertising in the section "Commercial and Fund-Raising Activities" have been followed. See Section 8.1.

8.2.5 Any person or groups of persons wishing to distribute literature to the public in the Memorial Union may use the following methods:

8.2.5.1 Literature racks located near the Service Center on the Main Level;

8.2.5.2 Contact tables in the main concourse area, available for reservation for up to two-week periods (a rental fee will be charged for off-campus entities wishing to utilize the contact tables);

8.2.5.3 Exterior locations as designated by the University. Exterior location distributions are limited to one location for no more than two consecutive weeks per group, with at least five class days between multiple registrations. In times when a large number of requests have been received, the Memorial Union Director reserves the right to reduce the two week time limit to accommodate as many users as possible. Distributor(s) must register in advance in the Memorial Union Administrative Office, at which time the following information will be required.
(a) The type, location, date(s), and time of the distribution;
(b) a copy of the literature;
(c) the name of the organization represented, if any; and
(d) the name, address, and signature of the person or a group representative.

8.2.6 Literature may not be distributed in classrooms except by permission of the instructor or by registered student organizations at the scheduled meetings or events.

8.2.7 Literature may not be distributed in buildings on campus other than the Memorial Union unless it is University or student organization sponsored and complies with building policies. An employee, student, or visitor may not solicit or distribute literature to NDSU employees in work areas for matters not related to NDSU business (see NDSU Policies 154 and 706.3).

8.2.8 A poster distribution list of places on campus where notices may be posted is available in the Student Activities Office, Memorial Union 360. Bulletin boards in buildings on campus are restricted unless a notice on the board states otherwise (see NDSU Policy 154).

8.2.9 Literature to be distributed within the Residence Halls must be approved by the Associate Director of Residence Life.

8.3 Demonstrations/Parades
8.3.1 The University community is one of inquiry and persuasion. An individual or group may protest, rally or demonstrate provided such protest or demonstration does not disrupt University operations or obstruct physical movement to, from, or within any place on the campus, including University property located off the main campus. While the campus must be open to the free exchange of ideas, the University may limit the time, place and manner of demonstrations. All members of the community are expected to conduct dialogues with dignity and courtesy. Organizers and participants must allow other community members freedom of movement on campus and the freedom to engage in the performance of their duties or the pursuit of their educational and co-curricular activities.

8.3.2 A protest, rally, or demonstration must not interfere with the missions, processes, procedures or functions of the University. Therefore, organizers and participants must recognize and allow the staff and faculty of the University to engage in the performance of their duties, and for students to pursue their educational and co-curricular activities. Impeding or restricting these activities by making noise, blocking entrances or exits from University facilities, or by coercion, intimidation or threats or use of violence is unacceptable.

8.3.3 Organizers and participants are expected and required to vacate an area or facility of the University when directed to do so by an authorized official of the institution.

8.3.4 Any protest, rally, or demonstration needs to be registered with the Director of the Memorial Union or the Director's designee and NDSU Police prior to the event. Whenever possible, at least 24 hours lead time will be given. The registration process will enable University officials to:

8.3.4.1 Outline and discuss with organizers the guidelines necessary to keep the demonstration non-violent and non-disruptive.

8.3.4.2 Plan for the control of possible counter-demonstrations that would infringe upon the rights of the participants or result in violent or abusive action.

8.3.5 If the Demonstration/Parade will involve a public street, applicants must also get a City of Fargo Special Event permit. Parades through campus buildings are not permitted.

8.4 Sale of Class Lecture Notes/Materials
Students are prohibited from transferring their class lecture notes or instructor provided materials for commercial purposes unless approved by the course instructor. In addition to copyright issues raised by such practices, commercial sales or transfers may interfere with the educational purposes of the instruction and potentially inhibit the free discussion of ideas so central to the academic purposes of instruction at NDSU. Note: This policy doesn't prevent note taking which is provided as part of an ADA accommodation.

8.5 Free speech
NDSU reserves the right to control the time, manner, and place of commercial solicitation, distribution of literature, and demonstrations occurring in public on the NDSU campus. Advance registration of such events is required (see procedural guidelines listed in Section 8.1).

Failure to register an event or failure to comply with NDSU time, manner, and place restrictions may result in administrative, civil, and/or criminal proceedings for any participants engaging in disruptive activities. Such activities may result in University conflict resolution proceedings, issuing a no trespass warning, and removal from campus, and/or arrest by law enforcement personnel.

8.6 Chalking
Those individuals wishing to chalk on sidewalks near the Memorial Union should seek permission from the Memorial Union Director or the Director's designee. Contact the Facilities Management Director to seek permission to chalk in any other area. Content of messages is limited to promotion of a specific event.

8.7 Posters, signs, handbills
Placing posters, signs, or handbills except on one's own personal property or in areas authorized and provided for that purpose by the University is prohibited. In general individuals should seek permission to post from the individual(s) who has (have) administrative control of that location. For guidance where this person is unknown, please contact the Dean of Student Life Office.

HISTORY: July 28, 1993; August 1998, August 2000, August 2002, August 2005

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Final Note

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NDSU Webmaster
Last Updated: 05/10/05
Published by North Dakota State University