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Appendix D

President's Directive Regarding the Use of State University Buildings and Grounds


 

  1. Authority for Issuance.

    This directive is issued pursuant to sections 42350-42354 of Article 9, Subchapter 4, Part V of Title 5 of the California Administrative Code, relating to the use of State University buildings and grounds.

     

  2. Scope of this Directive.

    This directive is limited to those matters with respect to which the regulations just cited envision directives or designations by State University Presidents. In the sections of this directive which follow, the Title 5 regulations are set out and are followed by specific directive provisions or designations, were appropriate.

    Violation of the Title 5 regulations, including this directive, is punishable as a misdemeanor. (Education Code, section 89031)

    All directives and policies of this University relating to its students and employees now in force, or which may hereafter be adopted, are continued, except to the extent that a specific conflict may arise between such provisions and Title 5, California Administrative Code, sections 42350-42354, and the provisions of this directive which follow.

     

  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. 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:

    1. 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

    2. 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:

    a. There shall be no commercial sales of any kind including food which would be in conflict with sales and services provided by the University or its auxiliary organizations. Non-publications sales activities shall be approved by the Vice President for Administration Chief Financial Officer or designee after application to the Central Reservations Office.

    b. Commercial transactions by the auxiliary organizations of the University are approved without further notice subject to regulations by the Vice President for Administration and Chief Financial Officer.

     

  5. 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:

    a. Advertisements in the University Times and other publications of other recognized student or verified employee organizations are approved without further notice.

    b. Advertisements by students, and recognized organizations thereof, are approved for posting on student bulletin boards subject to the provisions of the Notifications Code of the Associated Students of the California State University, Los Angeles. Advertisements by verified employee organizations are subject to the access regulations for employee organizations. These rules may be obtained from the Office of Human Resources Management.

    Designation:

    The President's designee for purposes of this subdivision is the Vice President for Administration and Chief Financial Officer when the applicant is a student or a recognized organization thereof; the Director of Human Resources Management when the applicant is a verified employee organization.

     

  6. 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 the law.

    (b) Commercial transactions by the auxiliary organizations of the University are approved without further notice subject to regulations by the Vice President for Administration and Chief Financial Officer.

    Directive:

    Commercial solicitations by the auxiliary organizations or the University are approved without further notice subject to regulation by the Vice President for Administration. Commercial solicitation by students and recognized organizations thereof shall be approved by the  Vice President for Administration and Chief Financial Officer after application to the Central Reservations Office.

     

  7. 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:

    1. such published materials are not available for sale at the campus bookstore, and

    2. the selling or display of such published materials is conducted in compliance with any time, place and manner directives adopted by the President, and

    3. the published materials displayed or offered for sale are not in violation of the provisions of Chapter 7.5, Title 9, Part 1 (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 66500) 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:

    Activity within the scope of this subdivision is approved subject to the following:

    Time: At times determined by the President or designee, based upon other requirements which may be made of the facilities at or about the same time as that requested, including other programs, and the availability of such facilities and personnel as the President or designee may consider necessary.

    Place: At designated tables located in the Union Walkway and Main Walkway. Posting of materials is not authorized under this section.

    Manner: Without deliberate provocation, harassment, or disturbance of persons in the area, or any disturbance of the peace as outlined in sections 415 and 416 of the Penal Code; and subject to the premises being left in the same manner as they are found. Published materials shall be sold from tables only and vendors are not to confront passersby with materials for sale.

     

  8. 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:

    Activity within the scope of this section is approved subject to the following:

    Time: At times determined by the President or designee  based upon other requirements which may be made of the facilities in or about the same time as that requested, including other requests under this section, any conflicts with the university calendar and programs, and the availability of such facilities and personnel as the President or designee may consider necessary.

    Place: Entrance to Cafeteria, Entrance to University Student Union, and Main Walkway. Posting of materials is not authorized under this section.

    Manner: Without deliberate provocation, harassment, or disturbance of persons in the area, or any disturbance of the peace as outlined in sections 415 and 416 of the California Penal Code; and subject to the premises being left in the same manner as they are found.

    Designation:

    The President's designee for purposes of this subdivision is the  Vice President for Administration and Chief Financial Officer where the applicant is a student or a recognized organization thereof; the Director of Human Resources Management when the applicant is a verified employee organization subject to the provisions of the access regulations noted in section 5 above.

     

  9. 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:

    Activity within the scope of this section is approved subject to the following:

    Time: At times determined by the President or designee based upon other requirements which may be made of the facilities at or about the same time as that requested, including other requests, under this section, any conflicts with the university calendar and programs, and the availability of such facilities and personnel as the President or designee may consider necessary.

    Place: To be determined by the nature of the event.

    Manner: Without deliberate provocation, harassment, or disturbance of persons in the area, or any disturbance of the peace as outlined in sections 415 and 416 of the California Penal Code; and subject to the premises being left in the same manner as they are found.

    Designation:

    The President's designee for purposes of this section is the  Vice President for Administration and Chief Financial Officer when the applicant is a student or a recognized organization thereof; Director of Human Resources Management  when the applicant is a verified employee organization; and the Provost and Vice President for Academic Affairs when the activity is related to the instructional program of the University. The Vice President for Administration and Chief Financial Officer shall be the President's designee when the applicant is not a member of the campus community.

     

  10. 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.

    This directive shall be available for examination at the of the Office of the Vice President for Administration and Chief Financial Officer, University Police Office, University-Student Union Office, and the Office of the Vice President for Student Affairs.

 


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