Section 3342-6-23.1 - Administrative policy regarding solicitation of employees(A) Purpose. (1) In order to ensure that employees have the opportunity to perform their jobs free from intrusions, it has become necessary to place certain restrictions on solicitation of employees and distribution of literature within all university buildings.(2) This policy shall apply to all solicitations with the exception of university-sponsored solicitation for charitable and other purposes.(3) However, given the nature and purposes of an academic community, it is specifically noted that the provisions of this solicitation of employees policy are not applicable to faculty, students, and other individuals engaged in the pursuit of knowledge as part of any curricular program or academic activity of the university.(B) Definitions. (1) "Distributing literature" means the dissemination or posting of any written or graphic material, including (without limitation) membership, authorization or pledge card, flyers, notices, or any other written information or forms.(2) "Non-employee" means any person not employed by the university or any other person not in an active work status with the university.(3) "Non-working time" means approved leaves, work breaks, lunch periods, and before and after scheduled working hours.(4) "Employee solicitation" means any oral advocacy of an organization or cause, unrelated to the employee's job description or profession, or request for contribution or support thereof of university employees by non-employees by non-employees or other university employees on university property.(5) "Work area" includes offices, shops, laboratories, classrooms, conference rooms, work stations and corridors leading directly thereto which are used for performing work, and any area where the employee performs his/her official duties. In departments where services are being delivered to the public, students, faculty and/or staff, the entire public area is considered a work area.(6) "Working time" means that time when an employee's duties require that he or she be engaged in work tasks, but does not include an employee's own time, such as meal periods, vacations and time before or after shift.(C) Implementation. (1) Solicitation by employees. (a) An employee may solicit other employees in both non-work and work areas only if all employees involved are on non-working time.(b) An employee may distribute literature that advertises or solicits support for organizations or causes unrelated to the employee's job description or profession only in a non-work area on non-working time and only if all employees involved are on non-working time.(c) Use of university facilities or services is prohibited unless authorized by an appropriate university official.(2) Solicitation by non-employees.(a) An organization or non-employee of the university wishing to solicit or distribute literature to employees within any building on any campus of Kent state university must request permission in writing forty-eight hours prior to the proposed visit. Requests relating to the Kent campus must be delivered to the manager of employee relations, university supply center, Kent, Ohio. Requests relating to any of the campuses located outside Portage county must be delivered to the dean of the specific campus. The request must state:(i) The purpose of the proposed visit; and(ii) The name of any person(s) or alternates who desire access to the campus.(b) The person designated above will attempt to locate a specific area for use by the organization or non-employee submitting the request and will then issue a permit designating the room, date and time it may be used. In the event two or more request for access to a designated area for the same or overlapping times have been made, the university will attempt to provide alternate designated areas. If no alternate designated area is available, the university may grant access to the available designated area on a rotating basis with equal time for its use. If the designated areas are unavailable due to a prior reservation, the university will immediately notify the requesting party of such conflict.(c) Solicitation and/or distribution of literature by an organization or non-employee within a building shall be limited to the designated area(s), time(s), and date(s) and, in addition, be consistent with the operational procedures and regulations in rule 3342-4-03.302 of the Administrative Code and the policy register. No employee may visit the designated area during his/her working time. No organization or non-employee may solicit employees or distribute literature elsewhere in the building whether or not the solicited employees are on working time.(d) Employees may be solicited outside of the building if they are on non-working time and as long as pedestrian and vehicular traffic is not impeded.(e) An organization or non-employee may solicit or distribute literature in designated parking lots without providing advance notice. Literature may not be placed on vehicle windshields.(f) Use of university facilities or services for solicitation purposes is prohibited unless authorized by an appropriate university official.(3) Bulletin boards.(a) An employee may post notices or other appropriate information on designated bulletin board as stated in the paragraph (B)(4) of rule 3342-4-03.301 of the Administrative Code, employee bulletin boards, and providing prior written approval has been obtained from the manager of employee relations or the dean of regional campus.(b) No solicitation or notices shall be posted anywhere on the campuses except on designated employee bulletin boards or other spaces as approved.(c) Solicitations or notices shall not be so large as to obstruct other approved postings.(d) Approval for the posting of notices or other appropriate information on designated bulletin boards shall be for a specific period of time. Each approved posting shall bear a date on which the posting must be removed and the initials of the person who approved the posting.(e) Posting materials for designated bulletin boards located within residence hall secured areas must be left at the area desk.(D) Violations.(1) Any employee who (in his/her personal capacity or acting as agent for any organization) violates any rule contained herein shall be subject to discipline.(2) Any organization or non-employee violating any rule contained herein shall be asked to leave university premises. Repeated violation may lead to the organization or non-employee being banned from the campus. Replaces: 3342-6- 23.1
Ohio Admin. Code 3342-6-23.1
Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01, 3341.04
Prior Effective Dates: 2/15/1985, 6/20/1986, 6/1/2007, 1/6/2014