I. Introduction As a non-profit, private institution of higher education whose activities are regulated in part by Section 501(c) (3) of the Internal Revenue Code, The Catholic University of America is prohibited from participating or intervening in any political campaign of a candidate for public office.
II. General The IRS has stated that whether participation or intervention will be found will depend on the facts and circumstances. Due to limited guidance in this area by the IRS, student affairs administrators who serve as advisers to student organizations must perform a balancing test. Universities are home to many students who have recently attained voting age, and participation in political activity furthers the educational goal of the institution. This must be balanced against the understanding that the remedy for violation of the IRS rule is the loss of the university's tax-exempt status.
Whether any one particular activity is unlawful may be difficult to answer in the abstract. If activities in the aggregate appear to support one candidate or constitute measurable institutional involvement in a campaign, then a violation of the tax code is likely to be found. A single instance of a particular activity that is of a trifling nature, and that is insubstantial in relation to the organization's other activities may not amount to a violation.
Political activities on campus must be conducted in a neutral and nonpartisan manner, and in furtherance of the organization's legitimate exempt function (education).
The following rules are to be used as guideposts on student political activity on campus:
III. Registration of Student Organizations
The Office of Campus Activities will not register student organizations that have as a goal the support of a particular candidate.
IV. Presentations
Students of the university are free to express their individual and collective political views provided they understand and make clear they are not speaking for or in the name of The Catholic University of America. Endorsement of a particular candidate by a registered student group is not permissible. No politicians who have public positions that run counter to the teachings of the Catholic Church are to be invited for anything without express permission from the President.
Registered student groups are bound by the CUA presentations policy, which can be found in the CUA Student Handbook.
The university name and insignia may not appear on stationery or any other material used or intended for support of a particular candidate. This prohibition also applies to any university entities supported in whole or part by university funds, such as registered student organizations.
V. Candidates and Campaigning Appearance of a candidate for public office on campus must be for an educational or informational talk to the university community and must be sponsored by a registered student organization. Appearances must be coordinated with the Office of Campus Activities, who will ensure that opportunities to appear on campus are extended to all viable candidates running for a particular public office. The event should not be conducted as a campaign rally, and the moderator should make it clear that the institution does not support or oppose the candidate. No candidates running for election are to be invited for anything without express permission of the President.
A candidate is limited to two such on-campus educational appearances related to a campaign, except for properly sponsored debates, or at the invitation of the university.
Candidate campaigning (solicitation), including transmission of campaign materials over the Internet, is not allowed anywhere on university property without university permission. Posters and leaflets must be in accord with the CUA policy for posting notices on campus.
VI. Use of University Facilities and Resources
University facilities and services may not be used by or on behalf of an outside organization or outside individual whose purpose is to further the cause of a particular candidate or political party. For example, a meeting on campus with an organizer for a specific candidate that is focused on recruiting campaign workers from the student population would be a violation of these guidelines. On the other hand, a CUA graduate now working for a particular candidate speaking on campus to a group of students about what it has been like to be in the political arena, and what his or her particular experience has been, would be allowable. The fact that this person casually offers an invitation at the end of his or her speech to join in on the campaign would not negate the overall educational focus of the event.
Campus organizations may use campus communications to announce political forums and discussions sponsored by officially constituted campus groups.
Campus communications, including those provided by CUA's postal service, phone system, or its computer network, should not be used in support of one particular candidate. A list of current political events in the DC area is allowable on a student organization page as long as the focus is on educational opportunities rather than recruitment of campaign workers.
No campus political activities, including services and materials, may be paid for with university funds.
Use of university properties is subject to university scheduling policy.
VII. Fundraising
Funds or contributions for political candidates or campaigns may not under any circumstances be solicited in the name of CUA or on the CUA campus, and university resources may not be used in soliciting such funds. If CUA students, faculty, or staff make political contributions, they must do so as individuals and not on behalf of CUA.
VIII. Posting Flyers
Posters, signs, notices, and flyers may be posted on designated sites on campus. All materials must bear the official Office of Campus Activities' stamp before being posted for a specific event or program. Complete guidelines may be found in the University Posting Policy.
~Approved by the Vice President for Student Life and the Provost September 15, 2000. |