Barnard College Political Activity Policy

Barnard College

Political Activity Policy

November 13, 2023

This policy sets forth restrictions on political activity that Barnard College must follow to retain our legal status as a tax-exempt, not-for-profit organization. All faculty, staff, students, and alumnae must follow this policy when utilizing College resources or speaking as a representative of the College or on behalf of the College. The College may change this policy at any time without notice.

Executive Summary

The College encourages community members to participate in the political process as individuals, but federal law absolutely prohibits tax-exempt educational institutions from participating directly or indirectly in campaigns on behalf of, or in opposition to, any candidate for public office. In addition, tax-exempt educational institutions may not engage in substantial activities that attempt to influence legislation (commonly known as lobbying). The College may conduct educational meetings, prepare and distribute educational materials, or otherwise consider public policy issues in an educational manner without jeopardizing the College’s tax-exempt status. This policy sets forth who may make political statements on behalf of the College and delineates activities that are permissible and impermissible when using College resources or purporting to speak as a representative of the College or on behalf of the College.

Who is Governed by this Policy

This policy applies to all representatives of the College, including faculty, staff, students, and alumnae, who organize College events, otherwise utilize College resources, or purport to communicate on the College’s behalf.

Who is Responsible for this Policy

The Barnard College General Counsel is responsible for the maintenance of this policy and for responding to questions regarding this policy.

Policy Statement

Under the U.S. Internal Revenue Code, IRS guidance, and applicable regulations, Barnard College is strictly forbidden from directly or indirectly engaging in partisan political activity on behalf of or in opposition to any candidate for elective public office at any level. In addition, the College is not permitted to engage in substantial activities that attempt to influence legislation (commonly known as lobbying). These prohibitions apply to all representatives of the College, including faculty, staff, students, and alumnae, who organize College events, otherwise utilize College resources, or purport to communicate on the College’s behalf.

Given these prohibitions, only the Chair of the College Board of Trustees and the College President, or their respective designees, may make political statements on behalf of the College. All such statements must be aligned with the mission of the College and adhere to federal law.

Faculty are expected and encouraged to research, teach, write, and engage publicly on topics that may be relevant to political issues of the day, including issues on which the College has made political statements and issues on which the College has remained silent. Faculty may analyze and explain any such issues and provide their individual views through scholarship, teaching, press interviews, and all forms of off-campus communication so long as they expressly state that they are sharing their individual expertise and analysis and not speaking on behalf of the College.

Definitions

Attempting to Influence Legislation: contacting, or urging the public to contact, members or employees of a legislative body for the purpose of proposing, supporting, or opposing legislation, or otherwise advocating for the adoption or rejection of legislation.

College Resources: property of the College including, but not limited to, College letterhead, College website, College-sponsored campus communication tools or systems, mailing lists, office and event space and other facilities, electronic devices, campus mail systems, listservs, College computers and internet networks, telephones, computers, and photocopying equipment.

Legislation: action by Congress, any state legislature, any local council, or similar governing body with respect to acts, bills, resolutions, or similar items (such as legislative confirmation of appointive office) or action by the public with respect to referendums, ballot initiatives, constitutional amendments, or similar procedures. Legislation does not include actions by executive, judicial, or administrative bodies.

Partisan Political Activity: participation or intervention in any political campaign on behalf of, or in opposition to, any candidate for elective public office at any level, including the publishing or distributing of statements regarding candidates for elective public office.

Political Statements: all written communications that comment on specific actions, statements, or positions taken by public officials or governmental bodies at local, state, federal, and international levels; attempt to influence legislation; or otherwise advocate for an outcome related to actions by legislative, executive, judicial, or administrative bodies at local, state, federal, and international levels.

Permissible Activities

Examples of activities that are permissible under this policy include, but are not limited to:

Faculty creation and publication of research, scholarship, and academic materials related to faculty areas of expertise.
The posting of research, published or working articles, and academic resources on websites bearing the barnard.edu name or otherwise maintained by the College so long as such posting complies with the College’s Website Governance Policy.
Hosting issue-specific speakers, events, or other fora on College property so long as such activities support the College’s mission, adhere to the College’s Events Policy, do not purport to speak on behalf of the College, do not include any candidate for public office, and do not involve any statements in favor of or in opposition to a candidate for public offices; comment on specific actions, statements, or positions taken by a candidate; or promote voting with regard to an issue identified by a candidate.
Hosting an event or other fora on College property at which a candidate for public office appears so long as the event supports the College’s mission, adheres to the College’s Events Policy, other candidates for that office are afforded a similar opportunity to appear, and the hosts of the event present the candidates in a neutral manner without endorsement or objection.
Hosting an event or other fora on College property in which candidates for public office appear in non-candidate capacities so long as the event supports the College’s mission, no reference to the election is made, and the College maintains a non-partisan atmosphere at the event.
Faculty press interviews and other forms of off-campus communication related to faculty expertise so long as that activity is not attributable, in reality or perception, to the College.

Creating and conducting voting information programming, or providing information and resources on the electoral process, so long as such activity is not coordinated with campaign events, does not rate candidates, and is otherwise published in a nonpartisan and neutral fashion.
Participating in nonpartisan voter registration encouragement or get-out-the-vote activities, including by sending email or texts or by using the College’s social media platforms.
Assisting students in the process of voting, including by providing information about voter registration and absentee and mail-in ballots, clarifying the voting process, sending deadline reminders, and providing stamps or resources to assist with the process of voting.
Rearranging the academic calendar to permit faculty, staff, and students to participate in the election process so long as such rearranging is done without reference to specific campaigns or issues.
Engaging in political activity, including partisan political activity, in a personal capacity outside of work hours and in a manner that does not interfere with work for the College so long as that activity is not attributable, in reality or perception, to the College. Those who frequently speak for the College in their work capacities and those whose views could reasonably be construed as attributable to the College must explicitly state that they are speaking only for themselves and not stating a College position. College titles or positions may be invoked for identification purposes only.

Prohibited Activities

Examples of activities prohibited under this policy include, but are not limited to:

Statements/Endorsements:

The College may not issue any statements in favor of or in opposition to a candidate for public office; comment on specific actions, statements, or positions taken by a candidate; or promote voting with regard to an issue identified by a candidate.
No member of the College may use the College’s physical or virtual spaces, including the College’s buildings, websites, social media, message boards, or other fora, to support or oppose a candidate for public office; comment on specific actions, statements, or positions taken by a candidate; or promote voting with regard to an issue identified by a candidate.
No one acting in their capacity as a representative of the College may endorse a candidate for public office; comment on specific actions, statements, or positions taken by a candidate; or promote voting with regard to an issue identified by a candidate.
No member of the College may make comments at a College meeting or event in support of a candidate, political party, political action committee, or issue identified by a candidate.
No member of the College may post signs containing political statements on the grounds of the College.
Members of the College may not post political statements on websites bearing the barnard.edu name or otherwise maintained by the College or on social media sites bearing a Barnard name unless they are designated to do so by the Chair of the College Board of Trustees or the College President and comply with the College’s Website Governance Policy.

Use of College Resources

No College resources may be used in support of or in opposition to a candidate for political office. No portion of the websites bearing the barnard.edu name or otherwise maintained by the College may be used to support or oppose a political candidate.
No College resources may be used to solicit political campaign funds on behalf of candidates.
The College may not and will not reimburse any political campaign contributions made by individual members of the College.
Members of the College may not post political statements on websites bearing the barnard.edu name or otherwise maintained by the College or on social media sites bearing a Barnard name unless they are designated to do so by the Chair of the College Board of Trustees or the College President and comply with the College’s Website Governance Policy.

Contributions

The College may not make any contributions to political campaigns or otherwise support partisan political activity.
The College may not coordinate College fundraising with fundraising in favor of or in opposition to a candidate for public office.
No College resources may be used to solicit political campaign funds on behalf of candidates.
The College may not and will not reimburse any political campaign contributions made by individual members of the College.
Members of the College who wish to make or solicit contributions to candidates may not do so during working hours, may not use College resources or the College name, and may not suggest any support or endorsement by Barnard.
Faculty and staff may not solicit contributions or other forms of support for candidates from the employees or students they supervise.

Barnard College reserves the right to amend or modify this policy at the College’s discretion or as the College deems necessary to comply with legal restrictions on the political activities of 501(c)(3) entities. More information on those legal restrictions may be found at: https://www.irs.gov/charities-non-profits/charitable-organizations/the-restriction-of-political-campaign-intervention-by-section-501c3-tax-exempt-organizations#:~:text=Under%20the%20Internal%20Revenue%20Code,candidate%20for%20elective%20public%20office.