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Wesleyan
University
Restrictions on Political Activity
Overview
Wesleyan is a 501(c)3 not-for-profit entity as defined by the Internal
Revenue Service. Under the IRS restrictions, Wesleyan is prohibited from
participation in political activities. IRS Revenue Ruling 2007-41, published
June 18, 2007 (“IRS 41”) describes this restriction:
“Organizations that are exempt from income tax
under section 501(a) of the Internal Revenue Code as organizations described
in section 501(c)(3) may not participate in, or intervene in (including the
publishing or distributing of statements), any political campaign on behalf
of (or in opposition to) any candidate for public office.”While at first blush IRS 41 may seem innocuous, the IRS has ruled that
prohibited activity may include indirect support such as the use of
institutional resources and facilities. See IRS 41. Wesleyan’s policy
with respect to political activity is simply to comply with the IRS
guidelines. With only modest scenario changes, hypothetical examples can
vary wildly along a continuum between acceptable and unacceptable. As shown
in IRS 41, the IRS has chosen to evaluate such activity based upon all of
the facts and circumstances in each case.
Pursuant to IRS interpretations, use of University facilities by political
candidates is not, in and of itself, problematic. In order to comply with
the IRS guidelines however, the University and University supported groups
must provide comparable time and resources equally among all legally
qualified candidates. As a result, the University insists that student or
other groups wishing to bring political speakers to campus extend their
invitation to other competing candidates as well. Alternatively, it would
be acceptable for student groups to invite political candidates to events
where no University resources were used (including University subsidies to
the group, physical space (except where leased at market rate),
administrative support, etc.).
In response to student requests, the University has opted to take a
further step to encourage political visits to campus in accordance with IRS
restrictions. The University has adopted a policy which is posted on the
Student Activities & Leadership Development website (www.wesleyan.edu/stuact)
and in its marketing materials allowing free, equal access to any political
candidate to certain University facilities at no cost under set terms and
conditions:
- the
available facilities would be Science Tower 150 & Science Tower 184 (Woodhead
Lounge), to the extent not previously reserved;
- the
arrangements would have to be made directly by the interested candidate
or their staff to the University Events & Scheduling Office (860.685.2280)
no later than five business days before the date requested and
reservations will be granted on a first come, first served basis. Events &
Scheduling will generate a contract which must be signed by the client
for the use of the space;
- candidates who cancel confirmed bookings less than 48 hours prior to the
booking or do not show for bookings may be restricted in future bookings
- the
candidate would be responsible to meet and agree to all University policies
of use for facilities;
- any
other university services (food, crowd management, public safety, ITS, custodial, etc.)
if necessary, will
be available on equal terms to all candidates at market rates paid by the
candidate or event organizers but not supported in any way by the
university;
- the
maximum attendance at the event/visit would be limited to the maximum
occupancy of the room (Science Tower 150 seats 298 people; Woodhead Lounge
seats 85 people). Other facilities may be made
available through the University Events & Scheduling Office and in
accordance with IRS restrictions. Contact this office for information and
rates.
- University personnel, including subsidized student groups may invite
particular candidates only by providing the candidate with copies of the
University policy for such visits;
- The
University does not support or endorse the candidacy of any political
candidate.
Approved by the Student Life Committee,
12/11/07
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