EMPLOYEE STANDARDS OF CONDUCT: EMPLOYEE SOLICITATIONS

Employee Solicitation

“Employee solicitation” shall mean the sale or offer for sale of any property or service, whether for immediate or future delivery, and the receipt of or request for any gift or contribution by an employee or employee organization. The term does not include activities engaged in to conduct College District business. 

Permitted Solicitation

Employee solicitation shall be permitted in or on premises owned or controlled by the College District only if the solicitation does not violate a sole-source vendor contract clause and the solicitation is: 

1. The sale or offer for sale of any publication, merchandise, food, or nonalcoholic beverages in an area designated for the conduct of such activity;

2. The collection of membership fees or dues by employee organizations at the organizations’ meetings scheduled in accordance with this policy and associated procedures; 

3. The collection of admission fees for the exhibition of movies, performances, or other programs that are sponsored by an employee or employee organization and scheduled in accordance with this policy and associated procedures; 

4. The sale of raffle tickets by an employee organization that can present written evidence from the Internal Revenue Service that the organization has been granted an exemption from taxation under 26 U.S.C. 501(c)(3); 

5. The collection of donations by an employee organization; or

6. The sale of items by an employee organization to its members.

Any solicitations by an employee organization must be on behalf of or for the benefit of an employee organization or an organization granted an exemption from taxation under 26 U.S.C. 501(c)(3).

Employee solicitation must comply with law and College District policies and procedures, including procedures addressing time limits for employee solicitation. No solicitation shall be conducted on the grounds, sidewalks, or streets of any property either owned or controlled by the College District, except as approved by the Vice President of Business Affairs. 

Time Limit

Exception

No employee or employee organization shall solicit under this policy for more than the time limit established by administrative regulations for each fiscal year.

If approved by the [Vice President of Business Affairs, solicitation intended to raise funds to respond to a declared disaster or emergency is not subject to the established time limit. 

Use of College District Name

Only authorized employees or authorized employee organizations shall be allowed to sponsor and engage in solicitation and/or fundraising activities under the name of the College District. All such activities shall be compatible with the mission and objectives of the College District and shall be approved by the College President in accordance with procedures developed for that purpose.

Conduct During Solicitation

Solicitation made pursuant to the terms of this policy must be conducted according to the following:

1. The solicitation may not occur during the employee’s work hours.

2. The solicitation shall not disrupt or disturb the regular academic or institutional programs being conducted in buildings or on property owned or controlled by the College District or the work of other employees.

3. The solicitation shall not interfere with the free or unimpeded flow of pedestrian and vehicular traffic on sidewalks and streets and at places of ingress and egress to and from buildings owned or controlled by the College District.

4. The solicitation shall not harass, threaten, or intimidate the person or persons being solicited.

Sanctions

If an employee or employee organization is alleged to have violated this policy, the employee or organization shall be subject to a reasonable investigation conducted by the Senior Director of Human Resources.

If the Senior Director of Human Resources determines that a solicitation is being conducted in a manner violating this policy, the Senior Director of Human Resources may prohibit the offending employee or employee organization from soliciting on the campus for such period or periods of time determined to be appropriate.

An employee determined to be in violation of this policy shall be subject to disciplinary measures as described in policy DH and the employee handbook.