THE UNIVERSITY OF MEMPHIS OPERATING PROCEDURES


SUBJECT:  Solicitation of Funds by Non-Student Organizations

PROCEDURE NO.:  2A:09:02B                 DATE:   June 15, 1990

SUPERSEDES PROCEDURE NO.:  2A:09:02B      DATED:  January 30, 1989


                           GENERAL
                           
The purpose of this procedure is to provide guidelines for
solicitation of funds on The University of Memphis campus by
non-student organizations.  The following guidelines have been
approved by the Tennessee Board of Regents as policy and will be
adhered to by The University of Memphis.


                         GUIDELINES
                          
A.  Except as is otherwise permitted by this procedure, solicitation 
    for purely commercial purposes is prohibited on all property 
    owned or used by The University of Memphis, provided that 
    solicitations by the University and solicitations by vendors
    incidental to the vendor providing services on behalf of the
    University pursuant to a contract between the University and the
    vendor are permissible.  "Solicitation" will not be considered to
    include activities or events engaged in by affiliated groups,
    activities or events engaged in by affiliated groups,
    organizations or individuals for the purpose of raising funds to
    meet expenses of the group, organization or individual.  The funds
    raised by such activities or events shall be used for the benefit
    of the group, organization or individual, or for charity, and no
    funds shall be distributed to the officers, members, or any
    individual for personal profit or use.  For purposes of this
    procedure, the following activities are not prohibited:

    1.  Advertising, as permitted by this procedure;

    2.  Distribution or sale of commercial literature as permitted 
        by this procedure and University Procedure No. 2A:09:04A,
        Literature Distribution by Non-Student Organizations.

    3.  Conversations or communications between a dorm resident and a
        properly admitted guest notwithstanding the commercial content
        of the conversation or communication; provided, however, other
        dorm residents may not be solicited for the purposes of
        selling a product or service or enrolling the individual in a
        contest, program or other commercial venture; or
        
    4.  Conversations or communications between a resident of
        University-owned apartments and a properly admitted guest
        notwithstanding the commercial content of the conversation or
        communication, provided the conversations or communications
        are confined to the specific unit of the resident inviting
        the guest or other area properly reserved by the resident for
        such purpose.


B.  Solicitation and fund-raising activities other than for purely
    commercial purposes may be conducted on property owned and
    used by the University only by affiliated groups, organiza-
    tions or individuals, or charitable organizations holding such
    activities with the sponsorship of the University or the State
    of Tennessee, or by non-affiliated groups, organizations or
    individuals subject to the specified registration requirements
    and procedures as set forth below:

    1.  Any group, organization or individual desiring to solicit
        funds must submit a written application for registration of
        the proposed solicitation at least fourteen (14) days in
        advance (excluding weekends and holidays) to the Director of
        Administrative and Business Services, Administration
        Building, Room 371.  The President of the University or his
        or her designee, however, may approve applications filed at a
        later time upon determination that the request can be
        reasonably accommodated and that adequate cause exists for
        late filing of the application.  Approval of late applications
        shall be within the sole discretion of the President of the
        University or his or her designee, and such decision shall be
        final.  Applications shall be submitted on the form attached to
        this procedure as Exhibit A, Request for Authorization to
        Solicit Funds by Non-Student Organizations.

    2.  Written notice of approval or disapproval of the proposed
        solicitation shall be made available to the applicant group,
        organization or individual within seven (7) days (excluding
        weekends and holidays) from the time an application is
        submitted to the Director of Administrative and Business
        Services.  Notice of disapproval of a proposed use shall
        include the grounds for disapproval.  Notices will not be
        mailed or delivered; it shall be the responsibility of the
        applicant to inquire at the office of the Director of
        Administrative and Business Services as to the decision
        concerning the application and the time and location at which
        the solicitation is authorized.

    3.  A Request for Authorization to Solicit Funds by Non-Student
        Organizations may be denied when:

        a.  A determination by the appropriate official or body of
            the University is made that the solicitation would cause
            substantial disruption or interference with the normal
            activities of the University conducted in the course of
            its lawful mission, processes and functions;
        
        b.  A determination is made that the solicitation would be
            contrary to federal, state or local law or regulation,
            or policies or regulations of the Tennessee Board of
            Regents or of the University, including this procedure;
        
        c.  The requestor has not fully provided accurate or complete
            information required on the Request for Authorization to
            Solicit Funds by Non-Student Organizations application;

        d.  The requestor has been responsible for violation of
            subparagraphs a, b or c above during a previously
            approved solicitation, or has violated any conditions or
            assurances specified in a previous Request for Author-
            ization to Solicit Funds by Non-Student Organizations
            application and the University has reasonable cause to
            believe such violation will reoccur;
 
        e.  Approval for use of the property or facilities requested
            for conducting such solicitation has previously been
            given to another group, organization or individual for
            the time(s) and location(s) requested;

        f.  Use of the property or facilities requested for conducting
            such solicitation would be impossible due to set-up time
            and/or take-down time required for other previously
            scheduled activities at the requested location immediately
            before and/or after the solicitation, or due to other
            extenuating circumstances;

        g.  The solicitation is of such nature or duration that it
            cannot reasonably be accommodated in the particular area
            for which application is made, provided that in such
            event, an alternative on-campus site, if available for
            the solicitation, shall be proposed by the University;
       
        h.  The number of persons engaged in the solicitation exceeds
            the number that can reasonably be accommodated in the
            particular location applied for;

        i.  The solicitation creates or would create a danger, or
            dangerous condition, impacting on the health, safety, and
            welfare of others; or

        j.  Such solicitation conflicts or would conflict with existing
            contractual obligations of the University.

    4.  Any group, organization or individual whose timely Request
        for Authorization to Solicit Funds by Non-Student
        Organizations application is denied for reasons cited in
        subparagraphs a, b, d, g, h or i of paragraph B.3 above shall
        have the right to appeal that denial to the President of the
        University or his or her designee.  Notice of appeal shall be
        made in writing during normal business hours of the University
        no later than five (5) days (excluding weekends and holidays)
        prior to the time of the proposed solicitation.  The decision
        of the President or his or her designee shall be made at least
        four (4) days before the time of the solicitation.

C.  No solicitation of charitable funds shall be permitted unless
    the group, organization or individual provides evidence to the
    University demonstrating that the proposed solicitation is in
    accordance with or exempt from the provisions or T.C.A. Sections
    48-3-501 through 48-3-518.

D.  Solicitation in connection with the distribution of literature
    is subject to the provisions of University Procedure No.
    2A:09:04A, Literature Distribution by Non-Student Organizations.

E.  Solicitation of dues and/or membership in an organization is
    permissible only by officially recognized organizations of the
    University.

F.  Solicitations shall only be permitted in those areas designated 
    by the University pursuant to the following conditions:

    1.  No solicitations shall be conducted within:

        a.  Classrooms, libraries, or other academic buildings or
            facilities;

        b.  Administrative and employee offices and work areas; or

        c.  Student residence halls, dormitories or apartment
            buildings.
        
        However, the University may permit solicitations in
        designated locations within the lobbies or other general
        use areas of the above-noted buildings or other campus
        facilities designated for solicitations.

    2.  The University shall designate the locations on campus
        which are available for solicitation of funds.  In
        addition to those areas designated in paragraph F.1 above,
        the University shall prohibit solicitations in all areas
        where such would:

        a.  Cause injury or damage to campus resources;

        b.  Unreasonably impair the academic atmosphere of the
            campus;

        c.  Unreasonably interfere with the academic program and
            other activities of the University, or with the
            administrative functions of the University; or

        d.  Substantially impair the use of facilities or services
            on the campus, or the flow of vehicular or pedestrian
            traffic.
            
    3.  Persons engaged in the solicitation of funds on campus
        shall not obstruct or impede pedestrians or vehicles,
        harass other persons with physical contact or persistent
        demands, misrepresent the purposes or affiliations of those
        engaged in the solicitation, or misrepresent whether the
        product solicited is available without cost or donation.

G.  No funds solicited on University property shall inure to the
    benefit of any individual unless contributions are requested
    for the relief of an individual specified by name at the time
    of the solicitations, and all funds contributed are turned
    over to the named beneficiary for his or her use without any
    deductions whatsoever.

H.  The University may require any group, organization or
    individual to verify the use, application or disposition of
    funds solicited on University property.
                   



EXHIBIT A 


                REQUEST FOR AUTHORIZATION TO SOLICIT FUNDS
                      BY NON-RESIDENT ORGANIZATIONS
    
An event is not officially approved until this form has been returned to the
Office of Administrative and Business Services and has received the final
approval of the Vice President for Business and Finance.

Organization Name: __________________________________ Telephone: ___________
Officer Responsible For Event: ______________________ Telephone: ___________
Address: ___________________________________________________________________
Name of Event: ______________________________________ Date: ________________
Locations Desired: __________________________________ Hours: From ___ To ___
Purpose and Description of Event: __________________________________________
____________________________________________________________________________
Will an admission fee be charged? ________ If so, how much? ________________
If not, how will funds be solicited/raised? ________________________________
For who and/or what activity will the funds raised benefit and how? ________
____________________________________________________________________________
____________________________________________________________________________
Will this activity involve any University activity, department, student 
organization, or employee co-sponsoring this activity? ( ) yes   ( ) no
If yes, please identify and explain: _______________________________________
____________________________________________________________________________
Attach a copy of Request for Space (Form A) submitted to the Office of Public
Service (UOM Operating Procedure No. 2A:04:03A).

NOTE:  1.  An official accounting of funds MUST be submitted to the Office of
           Administrative and Business Services within ten (10) working days
           after the close of the event.
       2.  The University has the right to cancel this authorization and/or
           close down this event should it suspect a violation of Federal,
           State, or local laws, or Board of Regents or University policies
           and procedures.
       3.  ACCEPTANCE:  I have read the above and UOM Operating Procedure No.
           2A:09:02B and understand that failure to comply with these or any
           other appropriate regulations may result in cancellation of this
           authorization and/or denial of future authorizations.


________________________________________________    ________________________
Signature of Authorized Person                      Date

APPROVALS:
( ) Approved      ______________________________    ________________________
( ) NOT Approved  Director, Administrative and      Date
                   Business Services

( ) Approved      ______________________________    ________________________
( ) NOT Approved  Vice President for Business       Date
                   and Finance