OREGON ADMINISTRATIVE RULES
Or. Admin. R. 571-050-0030 (2001)
CHAPTER 571 OREGON STATE SYSTEM OF HIGHER EDUCATION, UNIVERSITY OF OREGON
DIVISION 50 GENERAL
COMMERCIAL AND CHARITABLE SOLICITATIONS AND COMMERCIAL TRANSACTIONS
The University of Oregon recognizes the right of its students to familiarize themselves with divergent points of view and to associate with whomever they choose. The University further recognizes the right of members of the public to enter the campus of the University and to engage in lawful and peaceful activities while there. It is the belief of the administration of the University of Oregon that encouragement of these rights will lead to a broader, richer education for its students. Rights do not exist without responsibilities, however. Nor is the University without an obligation to provide a safe, private, scholastic environment in which its students may pursue their studies without interference. To insure that both the rights and the responsibilities are satisfied as fully as possible, the University has adopted the following rules concerning public access to the campus. They are designed to strike a balance which will provide free access and protect the educational environment without sacrificing one to the other.
(1) Definitions. As used in this rule, the following definitions apply:
(a) "Sale", "selling", or "purchasing" mean an activity which creates an activity or 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) "Private sale" means occasional selling between persons who are campus students or employees;
(d) "Commercial transactions" 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. To the extent a non-profit organization or charity is selling a tangible product or is offering a tangible product with the expectation of thereby obtaining an immediate and direct contribution, this aspect of the entity's activity shall be deemed for the purposes of this rule to be a commercial transaction;
(e) "Interference standard" describes the basis on which University officials will make an activity impact judgement (i.e., extent to which an activity or proposed activity limits, impedes or makes more costly than normal the use or function of an area);
(f) "Charitable solicitation" means any direct and personable communication in the course of the operations of a not-for-profit organization reasonably intended to result in a sale or monetary contribution;
(g) "Not-for-profit organization" means any group of individuals, formally or informally organized for the purpose of promoting the well-being of the public at large or for benefitting an indefinite number of persons, including but not limited to educational, literary or scientific purposes, or for the prevention of cruelty to children or animals, or for the benefit of religion, rehabilitation services, public recreation, civic improvement or services which lessen the burdens on government, and also means any entity to whom a donation would qualify for a tax credit under ORS 316.102.
(2) Commercial and charitable solicitation and commercial transactions are prohibited on campus except upon written application by the vendor or solicitor and with written permission by the University President or the President's designated representative. The President has designated the Director of Erb Memorial Union as the Official designee to carry out the provisions of this rule. The Director of Erb Memorial Union shall, when the facilities affected are other than those of Erb Memorial Union, consult with the appropriate administrator:
(a) The application shall include:
(A) The applicant's name, address, and tele-phone number;
(B) The name, address, and telephone number of the company or organization represented by the applicant;
(C) The purpose of the visit to campus;
(D) The type of activity to be engaged in;
(E) The duration of the visit; and
(F) Any other information which is relevant to the granting or denial of permission to engage in the above-mentioned activities.
(b) Permission shall be granted if the proposed activity:
(A) Aids achievement of the educational or cultural objectives of the campus;
(B) Does not interfere with the operations of the campus;
(C) Is not prohibited by law or rule;
(D) In the case of commercial solicitations and for-profit commercial transactions, pays the University a minimum of rental for use of space, or ten percent (10%) of gross proceeds, whichever is greater;
(E) Does not conflict with terms of other contracts for sales or services already at the University;
(F) In the case of commercial solicitations and for-profit commercial transactions does not continue more than two (2) days and is not a frequently requested privilege. In the case of charitable solicitations and not-for-profit charitable transactions which occur on a continuing or repeated basis, permission must be reobtained at the beginning of each academic term;
(G) Does not conflict with similar sales or services offered by departments of the University.
(3) Any person granted permission under section (2) of this rule to engage in commercial or charitable solicitation or commercial transactions must abide by any time, place or manner restrictions which may be imposed as a condition to the granting of such permission. These restrictions include, but are not limited to, the number of presentations within a given period of time as determined by the Director of Erb Memorial Union in consultation with other University administrators whose unit may be affected.
(4) Commercial and charitable solicitation and commercial transactions are prohibited in all areas where such activity will, or is likely to, interfere with the normal functions of that area. Such areas include, but are not limited to:
(a) Individual student rooms, hallways, stairwells and lavatories in the dwelling areas and the interior and food service areas of dining rooms in residence halls. Use of residence hall lounges and meeting rooms will be allowed only with the permission of the Director of Housing (using an interference standard) and a majority vote of the residents of that unit. Use of dining hall lobbies will be allowed only with permission of the Director of Housing, applying the same standard;
(b) Classrooms, except with written permission of the Director of Erb Memorial Union and written consent of the instructor;
(c) Meeting rooms, auditoriums, or general assembly areas except with written permission from the Director of Erb Memorial Union;
(e) Faculty and administrative offices; and
(f) Any other areas designated by the President or the Director of Erb Memorial Union on behalf of the President.
(5) Persons who violate the provisions of this rule shall be disciplined as follows:
(a) Members of the campus community shall be disciplined in accordance with the procedure which is appropriate with that person's status as a student, faculty member, administrator, employee, or other category;
(b) Non-members of the campus community shall be prohibited from entering upon the campus for purposes of commercial and/or charitable solicitation or commercial transactions for a period of not more than one year. Those who violate this prohibition shall be subject to trespass laws.
(6) Nothing in this rule shall affect private sales.
Stat. Auth.: ORS 351 & ORS 352
Stats. Implemented: ORS 351.070
Hist.: UOO 4-1980, f. & cert. ef. 5-20-80; UOO 12-1980, f. & cert. ef. 10-21-80; UOO 16-1981(Temp), f. & cert. ef. 12-15-81; UOO 1-1995, f. & cert. ef. 1-13-95