CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO
PRESIDENT'S DIRECTIVE REGARDING
USE OF STATE UNIVERSITY
BUILDINGS AND GROUNDS
APPROVED BY ADMINISTRATIVE COUNCIL:
June 4, 1990
RESPONSIBLE DEPARTMENT:
Vice President for Student Affairs, 909/880-5185
Authority for Issuance
Scope of
Directive
Definitions
President's
Designee
Commercial
Transactions
Solicitation
Commercial
Solicitation
Selling
of Published Materials
Handbills
and Circulars
Public Meetings, Performances, Rallies, and Similar Events
Notice
1. AUTHORITY FOR ISSUANCE
This directive is issued under the authority
of, and to implement, interpret, and make specific Education Code Sections 66017, 66300,
66600, 66606, 89030, 89031, 89046, 89300, 89500, 89535 and 90012; Title 5, California
Administrative Code, Sections 41301, 41302, 41303, 41402, 42350, 42351, 42352, 42353, and
42402, resolutions and the Standing Orders of the Board of Trustees; Executive Orders of
the Chancellor; and the general authority of the president.
2. SCOPE OF THIS DIRECTIVE
This directive is limited to the matters
which the state university presidents have been authorized to regulate pursuant to
Sections 42350 to 42354 of Title 5 of the California Administrative Code.
Every person who violates or attempts to
violate Title 5, California Administrative Code, Sections 42350, 42351, 42352, 42353, or
express prohibitions respecting buildings and grounds contained in this Directive is
guilty of a misdemeanor pursuant to Education Code Section 89031. In addition, a
violation of these rules may constitute a crime under the Penal Code, and also may subject
the violator, if a student, to student disciplinary action pursuant to Title 5, California
Administrative Code, Section 41301-41303, or if an employee, to employee disciplinary
action pursuant to Education Code Sections 89535 and 89536.
In the following paragraphs, the section(s)
of Title 5 of the California Administrative Code are underscored and are followed by
specific directives, where appropriate.
3. DEFINITIONS: Section 42350
As used in this Article, the following
definitions apply:
(a) "Sale,"
"selling" or "purchasing" mean an activity creating an obligation to
transfer property or services for a valuable consideration.
(b) "Commercial
solicitation" means any direct and personal communication in the course of a trade or
business reasonably intended to result in a sale.
(c) "Solicitation"
means to importune, or endeavor to persuade or obtain by asking, but does not include
"commercial solicitation.
(d) "Private
sale" means occasional selling between persons who are campus students or employees.
(e) "Commercial
transaction" means selling or purchasing or both selling and purchasing by any person
in the course of employment in, or in the carrying on of, a trade or business.
(f) "Campus
president" means those persons referred to in Section 42355 and includes their
designees.
4. PRESIDENT'S DESIGNEE
For the purpose of the directives established
herein, the president's designee is the Vice President for Student Affairs and such
persons as the vice president may designate.
5. COMMERCIAL TRANSACTIONS:
Section 42350.1
(a) Commercial
transactions and the display of property or services for sale on a campus is prohibited
except with written permission by the campus president. Such permission shall be
granted if
(i) the proposed
activity aids achievement of the educational objectives of the campus, does not
unreasonably interfere with the operation of the campus and is not prohibited by law, or
(ii) the prospective
buyer has agreed in writing in advance to an appointment, and the prospective seller makes
no more than one appointment for any day, and such appointment does not interfere with the
operation of the campus.
(b) This section shall
not apply to private sales.
Directive:
Commercial transactions which are conducted
by a recognized student organization are approved through the Office of Student Leadership
and Development. Commercial transactions conducted by recognized auxiliary
organizations are approved by the appropriate Vice President or his/her designee.
Both are governed by the "Procedure for Regulation of Sales."
Commercial transactions and the display of
property or services for sale which have obtained prior written approval of the
president's designee may take place subject to the following regulations:
Time: During the
first two weeks of each quarter, when classes are in session and university offices are
open, or as approved by the Vice President for Student Affairs.
Place: Commercial
transactions which are not conducted by recognized student or auxiliary organizations are
to be conducted adjacent to the entrance of the university bookstore.
Manner: Commercial
transactions (1) shall not interfere with classes or any other operations of the
university, (2) shall not interfere with or obstruct the free flow of pedestrian or
vehicular traffic, (3) shall be carried out without shouting or use of amplification
equipment or other noise louder than normal conversation, (4) shall be carried out without
deliberate provocation, harassment, or disturbance of persons or any other breach of the
peace.
For
all such transactions, the premises shall be left in the same manner as they are found.
6. SOLICITATION:
Section 42350.5
(a) Solicitation shall
be permitted on a campus subject, however, to a reasonable regulation by the campus
president as to time, place and manner thereof. Solicitation in violation of
established campus directives regarding time, place and manner is prohibited.
(b) All directives
issued by the campus president pursuant to this section shall be available to the public
at places designated pursuant to Section 42354.
Directive:
Solicitation in recognized student
publications, not otherwise prohibited by law, and which is not false or misleading, is
hereby authorized under the guidelines established by the University Media Commission.
Solicitations, not otherwise prohibited by
law, and which are not false or misleading, are permitted, subject to the following
regulations:
Time:
During normal operating hours, when classes are
in session and university offices are open.
Place:
In outdoor areas established pursuant to the
university's Policy on Speech and Advocacy. Personal solicitation inside campus
buildings is prohibited.
Posting materials on designated campus "general use" bulletin boards is
permitted, subject to established size and duration limitations, and providing that the
sponsor is clearly identified on the face of such material. The location of these
bulletin boards is available in the Office of Student Leadership and Development.
Manner:
Solicitations (1) shall not interfere with classes or any other operations of the
university; (2) shall not interfere with, or obstruct the free flow of pedestrian or
vehicular traffic, (3) shall be carried out without shouting or use of amplification
equipment or other noise louder than normal conversation, (4) shall be carried out without
deliberate provocation, harassment, or disturbance of persons or any other breach of the
peace.
7. COMMERCIAL SOLICITATION:
Section 42350.6
(a) Commercial
solicitation on a campus is prohibited unless prior written authorization has been
obtained from the campus president. Permission for commercial solicitation shall be
granted by the campus president subject, however, to regulation as to time, place and
manner thereof, unless such solicitation for sale would be in violation of law.
(b) All directives
issued by the campus president pursuant to this section shall be available to the public
at places designated pursuant to Section 42354.
Directive:
Commercial solicitation on the campus is
prohibited except by prior written authorization of the president's designee. Such
authorization shall be granted subject to the following regulations:
Time:
During the first two weeks of each quarter,
when classes are in session and university offices are open, or as approved by the Vice
President for Student Affairs.
Place:
Commercial transactions which are not conducted
by recognized student or auxiliary organizations are to be conducted adjacent to the
entrance of the university bookstore.
Manner: Commercial
solicitations (1) shall not interfere with classes or any other operations of the
university, (2) shall not interfere with or obstruct the free flow of pedestrian or
vehicular traffic, (3) shall be carried out without shouting or use of amplification
equipment or other noise louder than normal conversation, (4) shall be carried out without
deliberate provocation, harassment, or disturbance of persons or any other breach of the
peace.
For all such solicitations, the premises shall be left in the same manner as they are
found.
8. SELLING OF
PUBLISHED MATERIALS: Section 42351
(a) Except in the case
of private sales and commercial transactions to which Section 42350.1 applies, the selling
or displaying for sale of any books, newspapers, pamphlets and other published materials
shall be permitted on campus provided:
(i) such published
materials are not available for sale at the campus bookstore, and
(ii) the selling or
display of such published materials is conducted in compliance with any time, place and
manner directives adopted by the president, and
(iii) the published
materials displayed or offered for sale are not in violation of the provisions of Chapter
7.5, Title 9, Part I (commencing with Section 311) of the Penal Code (relating to the sale
and distribution of obscene matter), or of Chapter 6, Title 3 (commencing with Section
66400) of the Education Code (relating to the preparation, sale and distribution of term
papers, theses, and other materials to be submitted for academic credit).
(b) Selling or
displaying for sale of published materials in violation of subsection (a) is prohibited.
Directive:
The selling of handbills and circulars,
books, newspapers, magazines, pamphlets, or similar published materials is permitted on
campus subject to time, place, and manner requirements, provided that such published
materials are not available for sale at the campus bookstore and do not: (1)
contain false, misleading, or illegal claims; (2) violate applicable laws pertaining to
obscene matters; or (3) consist of term papers, theses, or other written materials
submitted for academic credit.
Time:
During the first two weeks of each quarter,
when classes are in session and university offices are open, or as approved by the Vice
President for Student Affairs.
Place:
Commercial transactions which are not conducted
by recognized student or auxiliary organizations are to be conducted adjacent to the
entrance of the university bookstore.
Manner: Selling of
published materials (1) shall not interfere with classes or any other operations of the
university, (2) shall not interfere with or obstruct the free flow of pedestrian or
vehicular traffic, (3) shall be carried out without shouting or use of amplification
equipment or other noise louder than normal conversation, (4) shall be carried out without
deliberate provocation, harassment, or disturbance of persons or any other breach of the
peace.
For all such transactions, the premises shall be left in the same manner as they are
found.
9. HANDBILLS AND CIRCULARS:
Section 42352
(a) No person or persons
shall, upon any of the grounds of any campus cast, throw, deposit, or distribute any
advertising handbills or circulars which contain false, misleading, or illegal advertising.
(b) The distribution of
written or printed matter shall be permitted on campus, subject, however, to reasonable
directives by the campus president as to the time, place and manner thereof. All
directives issued by a campus president pursuant to this section shall be available to the
public at places designated pursuant to Section 42354. Distribution of written or
printed matter in violation of established campus directives regarding time, place and
manner is prohibited.
Directive:
Personal distribution of handbills or
circulars, not otherwise prohibited by law, and which do not contain false or misleading
advertising, is permitted subject to the following regulations:
Time:
During normal operating hours, when classes are
in session and university offices are open.
Place:
On outdoor public walkways and grounds of the
campus. Distribution inside the university buildings is prohibited.
Distribution is campus parking lots or placement of any written or printed materials on or
in any motor vehicle parked within the campus is prohibited.
Manner: Distribution
of handbills and circulars (1) shall not interfere with classes or any other operations of
the university, (2) shall not interfere with or obstruct the free flow of pedestrian or
vehicular traffic, (3) shall be carried out without shouting or use of amplification
equipment or other noise louder than normal conversation, (4) shall be carried out without
deliberate provocation, harassment, or disturbance of persons or any other breach of the
peace.
For all such activity the premises shall be left in the same manner as they are found.
10. PUBLIC MEETINGS,
PERFORMANCES, RALLIES, AND SIMILAR EVENTS: Section 42353
(a) The president of the
campus may permit the use of campus buildings and grounds for public meetings,
performances, rallies, and similar events held in accordance with reasonable directives
issued by the respective campus president as to the time, place, and manner thereof.
Any such event occurring on campus in violation of established campus directives
regarding time, place and manner is prohibited.
(b) All directives
issued by a campus president pursuant to this section shall be available to the public at
places designated pursuant to Section 42354.
Directive:
The use of campus buildings and grounds for
public meetings, performances, rallies, and similar events is prohibited except by prior
written approval of the president's designee. Activity within the scope of this
section by campus organizations, campus-related organizations, and by educational,
charitable, or governmental organizations may be approved, subject to the following:
Prior arrangements and scheduling through
the Office of Student Leadership and Development or other offices to which responsibility
has been assigned.*
Compliance with university policies and
regulations, including those on Speech and Advocacy and on alcoholic beverages.
Compliance with the terms of rental
agreements, when applicable.
Payment of fees or charges, when
applicable.
Compliance with the following time, place,
and manner regulations:
Time:
Subject to prior scheduling and approval
through the Office of Student Leadership and Development. Unscheduled activity is
prohibited.
Place:
Appropriate campus facilities and grounds on an
availability basis. Prior reservation through the Office of Student Leadership and
Development is required.
Manner: Activity (1)
shall not interfere with classes or any other operations of the university, (2) shall not
interfere with or obstruct the free flow of pedestrian or vehicular traffic, (3) shall be
carried out without shouting or use of amplification equipment or other noise louder than
normal conversation, (4) shall be carried out without deliberate provocation, harassment,
or disturbance of persons or any other breach of the peace.
For all such activities, the premises shall be left in the same manner as they are found.
11. NOTICE:
Section 42354
Notice shall be posted at or near the principal entrances of each
campus calling attention to the existence of regulations relating to soliciting handbills
and circulars, and to public meetings, performances, rallies and similar public events,
citing by the number the sections in this Article, and designating the places where copies
thereof and of directives issued by the campus president pursuant thereto may be examined.
Directive:
The following notice shall be posted at the entrance(s) to campus:
The president of the campus or designee may regulate the use of campus
buildings and grounds for public meetings, performances, rallies, and similar events, and
may regulate commercial transactions, solicitations, commercial solicitations, selling of
published materials, distribution of handbills, circulars, or other materials, and other
activities.
Distribution of handbills, circulars, or other materials on campus parking
lots or by placing in or on any motor vehicle parked within the campus is prohibited.
Every person who violates or attempts to violate Title 5, California
Administrative Code, Sections 42350, 42351, 42352, 42353 or express prohibitions
respecting buildings and grounds contained in this Directive is guilty of a misdemeanor
pursuant to Education Code, Section 89031. In addition, a violation of these rules
may constitute a crime under the Penal Code, and may subject the violator, if a student,
to student disciplinary action pursuant to Title 5, California Administrative Code,
Section 41301-41303, or if an employee, to employee disciplinary action pursuant to
Education Code, Sections 89535 and 89536.
Copies of all applicable regulations and/or directives issued thereunder may be examined
at any of the following offices:
Office of Student Leadership and Development
Department of Public Safety
*Use of facilities in the Student Union are subject to policies,
procedures, and fee schedules adopted by the Board of Directors of the Student Union and
the university president.
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