Introduction
The following Policy is provided in order to assist Rockhurst University (the “University”) in distinguishing activities that are permitted during election campaigns from activities that are prohibited. This Policy focuses primarily on the rules set forth by Section 501(c)(3) of the Internal Revenue Code because it contains a prohibition, which has been interpreted as absolute, against the participation or intervention in a political campaign on behalf of or in opposition to any candidate, as a condition of maintaining federal income tax status. The statutory prohibition on “political campaign intervention” contains three key elements. There must be a “candidate” who is seeking “public office,” and the organization must “participate in, or intervene in” the candidate’s political campaign. Political campaign intervention includes any and all activity that favors or opposes a candidate for public office.
Individual Involvement in Political and Campaign Activities
Because of the University’s tax-exempt status, the University is prohibited from endorsing candidates for public office or making any contributions of money, goods, or services to candidates. The University may endorse or oppose ballot measures that may impact the expression of the University’s mission, vision, values, and strategic objectives (see University Lobbying, Section V, below). It is critical that no member of the University community inadvertently cause the University to endorse such a candidate or make such a contribution. Notwithstanding the above, the University does not seek to inhibit the expression of personal political views by any individual in the University provided such involvement complies with the University Policy. The Policy with respect to individual involvement in a political campaign is as follows:
University staff and faculty, strictly in their individual capacity, may become involved in political campaigns so long as they do not utilize the University’s financial resources, facilities, or personnel to do so. This would include using University equipment (e.g., computer, telephone), mail, e-mail (@rockhurst.edu), social media accounts, or internet network to promote a particular candidate or engage in fundraising. This prohibition does not apply to private devices or personal email using the University’s internet network, provided that such use is de minimus, does not occur during regular work hours, does not unduly burden University technology systems, or suggest the University endorses or supports the activity originating on the private device. This paragraph extends to campaigns for political candidates or parties as well as to campaigns related to ballot measures; except that staff or faculty members may support ballot measures on behalf of the University if expressly authorized by the President’s Cabinet.
University staff and faculty must clearly and unambiguously indicate that their actions and statements are their own and not those of the University. They may be identified by their Rockhurst University titles or roles only to the extent necessary for identification purposes and must clarify that their association with the University is provided for identification purposes only.
University staff and faculty may not engage in political campaign intervention at University functions or through official University publications.
University publications may not state or infer that the University will provide members (e.g., students, staff, or faculty) to work on a particular political campaign.
Neither the University’s name nor its insignia may appear on any material used or intended for partisan political purposes.
Candidacy for Elective Public Office
If a staff or faculty member decides to run as a candidate for political office (including but not limited to any national, state or local governmental position), one must comply with the following procedure:
The public office position may result in a conflict of time or interest which may interfere with the performance of responsibilities owed to the University. Any individual who decides to run for public office must immediately notify Human Resources of one’s intention to run for such public office prior to beginning any activities related to such candidacy. The notice should include a certification by the individual that one will not campaign or otherwise engage in any political activities during one’s regular work hours, that the public office will not interfere with one’s duties, and the individual will comply with the Policy set forth in this document. If the nature of the employee’s campaign has the potential to negatively impact the performance of one’s regular duties, the individual may be required to take an unpaid leave of absence or work on a part-time basis for the duration of the candidacy. The University shall have the sole discretion to allow the individual to continue in one’s position at the University.
With respect to one’s own candidacy for election to public office, no University staff or faculty member will:
- Solicit support or opposition during one’s regular work hours for one’s candidacy for public office;
- Solicit support or opposition for one’s candidacy for public office at any time on University property without prior approval of Human Resources and compliance with the Policy set forth in this document;
- Use University funds, services, supplies, vehicles or other property to support or oppose one’s candidacy for public office; or
- Use any promise of reward or threat of loss to encourage or coerce any individual to support or contribute to any political issue, candidate or party.
University-Sponsored Political Forums and Debates
The University or a recognized student organization may be approached by a candidate to appear on campus. The appearance of a candidate for public office on campus must be for an educational or informational talk to the University community. The University’s policy with respect to on campus appearances by political candidates provides:
All appearances require prior approval from President’s Cabinet.
If the program involves one candidate, the University must allow similar programs to be open to other viable candidates running for a particular public office. Although all candidates do not need to be invited to the same event, they should be invited to participate in an event of equal participation and attendance.
A non-partisan moderator should clearly state, at the beginning and conclusion of the event, that the views expressed at the event are not those of the University, and that sponsorship of the forum or event is not intended as an endorsement of any particular candidate.
Promotional materials and other communications about the event should contain an explicit statement that the institution does not support or oppose any particular candidate.
If the appearance is structured as a public forum (involving several candidates for the same office), the program must ensure that the candidate’s appearance is an educational or informational presentation and offer an opportunity for questions and answers from a panel and/or the audience. All viable candidates should be invited to appear at the forum. If a candidate declines the invitation, the University should acknowledge that the candidate was invited but declined.
The program must not be conducted as a campaign rally or fund-raiser for the candidate or his/her political party.
The University reserves the right to require payment in advance from a political candidate or his/her party for costs associated with the program. This may include, but is not limited to: maintenance costs, security, utilities, audio/visual and staff time. If advance payment is required from one political candidate or party, such advance payment will be required from all candidates and parties.
The program must not place an undue burden on the University’s staff, facilities or other resources.
Political candidates/parties must recognize that the University is in no way endorsing the views expressed by the speaker(s) and allows such a program only in the interest of the advancement of education.
The University reserves the right, in its sole discretion, to deny any request for an on campus appearance or cancel any program or activity on campus, at any time, which poses an undue burden on the University’s staff, facilities or resources, or if it presents a clear and present danger to the University or local community.
Persons wishing to approach the University with requests involving political candidates should contact the University’s Student Development Office which will serve as coordinator for such a program.
University Lobbying
Tax-exempt organizations are permitted to lobby, and the University may engage in lobbying on a limited number of issues, including those affecting education, research, and related activities. Most lobbying laws require registration and reporting by individuals engaged in attempts to influence governmental action. Accordingly, no University employee may lobby on behalf of the University without specific authorization. All lobbying on behalf of the University must be approved by and coordinated with President’s Cabinet.