President's Directive No. 2

This directive is issued pursuant to Section 89031 and 89035 of the Education Code. Violation of this directive is a misdemeanor and is punishable as prescribed in Section 19 of the California penal Code and/or Section 41301, Title 5, California Administrative Code. Except as provided in this directive, it is unlawful for any person to attempt or complete a commercial transaction, solicitation or commercial solicitation as defined below.

California Administrative Code, Title 5, in pertinent part provides: 42350. Definitions:

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 or personal communication in the course of a trade or 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 include their designees.

42350.1 Commercial Transactions.

(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, such appointment does not interfere with the operation of the campus.

(b) This section shall not apply to private sales.

42350.5 Solicitation.

(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 42342.

42350.6 Commercial Solicitation.

(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.

President’s Directive

AUTHORITY FOR ISSUANCE

This directive is issued pursuant to Sections 42350*, 42350.1, 42350.5. 42350.6, 42352, 42353, and 42354 of Title 5 of the California Administrative Code, relating to the use of buildings and grounds of the California State University (CSU), and pursuant to the California Penal code, Section 415.5, relating to disturbing the peace of the CSU campus, and Section 626.4, relating to consent to remain on campus.

SCOPE OF THIS DIRECTIVE

This directive is limited to those matters with respect to which the regulations just cited envision directives or designations by CSU presidents. In the sections of the directive that follow, the Administrative Code (AC) regulations and the applicable sections of the penal Code (PC) are set out by indentation, and are followed by specific directive provisions or designation, where appropriate.

All directives and policies of this University relating to its students and employees now in force, or which may hereafter by adopted, are continued, except to the extent that a specific conflict may arise between such provisions and the Administrative and/or Penal Code.

DIRECTIVE:

A. No student, student organization, non-university person, employee, employee organization, or outside agency or person shall solicit sales or offer anything for sale to any employee or student of the University while upon the campus of California State University, Fullerton without first having obtained written permission from the President’s designee.

B. This directive does not apply to private sales between individuals where there is no attempt to solicit or sell to the general campus population or to advertisements in the Daily Titan and other recognized student and faculty publications.

C. The soliciting or selling of printed materials is the subject of a subsequent directive and is not covered by the provisions of this directive.

D. The following policy shall apply in any case where a non-university commercial agency requests permission to solicit the services of students relative selling or advertising its products on campus:

Materials on University bulletin boards are limited to official University statements and publications and statements of officially recognized organizations of the University placed on the bulletin boards pursuant to policies of the University.
Commercial agencies that desire to make mass distribution on campus of advertising materials or samples, or that desire to make sales of their products on campus, shall first secure the written permission of the Vice President for Administration.

Date: July 9, 1984

Acknowledged by: Jewel Plummer Cobb, President California State University, Fullerton

*Section 42350 defines “sale,” “selling” or “purchasing”; “commercial solicitation ”; “solicitation”; “private sale”; “commercial transaction”; and “ campus president.”