These guidelines are designed to ensure that all employees at the University of San Diego (USD) comply with legal requirements and uphold the university's commitment to maintaining a non-partisan stance during election seasons.
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Basic Legal Framework
- First Amendment: Protects freedom of speech and the press, and the right to peaceably assemble and petition the government.
- California Constitution: Guarantees the right to freely speak, write, and publish sentiments on all subjects, with responsibility for any abuse of this right.
- Private Universities: While not bound by the First Amendment as public universities are, private institutions like USD, particularly those receiving federal funding, must adhere to federal anti-discrimination laws (e.g., Title IX).
Key Considerations for USD
#1
Non-Partisan Engagement
- USD, as a tax-exempt organization, must not engage in political campaigns or endorse candidates.
- Voter education activities and registration drives are permitted if conducted in a non-partisan manner.
#2
Use of University Resources
- USD resources, including facilities, logos, letterheads, social media accounts and email systems, cannot be used for political campaigning.
- No funds from USD may be used to support or oppose political candidates or campaigns.
#3
Employee Participation
- Employees can participate in political activities in their personal capacities, clearly indicating their participation and views do not represent USD.
- Political activities should be conducted outside of normal work hours and without using USD resources.
- Personal social media and email accounts, and stationery should be used for political communications.
#4
Fundraising Restrictions
- USD facilities and resources cannot be used to solicit funds or donations for political candidates.
- Fundraising in USD's name for political purposes is prohibited.