Campus interpretations of California state law and University of California policy have outlawed “games of chance” on campus and resulted in the cancellation of the bingo-like contest at John Muir College’s annual Halloween celebration.
In spring 2004, Muir college officials learned from campus administrators that the University of California and UCSD regulations have been updated to include the state’s long-standing ban on gaming, applying it to prohibit any administrative unit or student organization from organizing lotteries that take place on campus. These games include all activities in which an item of value, usually money, is exchanged for the chance to win another item of value, including raffles and bingo.
“Gaming is unlawful [in California] unless expressly allowed, and use of the university must be in compliance with the law,” Director of Student Policies and Judicial Affairs Nicholas S. Aguilar said.
“Games of chance” are defined and expressly outlawed by the California Penal code.
Most recently, the annual Muir Halloween Carnival canceled its planned bingo game, which has traditionally accompanied its pumpkin drop. Muir College Dean of Student Affairs Patricia Mahaffey said that the carnival — organized by the Muir College Council — decided to forgo the activity, in which students received a chance to win money and other prizes, because of the campus policy.
Many organizations on campus have participated in games of chance or similar “opportunity drawings” in order to raise funds. According to Aguilar, several of the colleges on campus have run into trouble with hosting casino nights.
In addition, the Muir’s Resident Council fund raises in the spring quarter every year by raffling off the first time slot for the upcoming room selection.
These activities have not completely been lost, Aguilar said. Many of the organizations have modified their activities to remain compliant with the state law and UCSD policy by providing participants a chance to compete without necessarily making contributions.
At Muir, for example, the council gives away students’ first raffle tickets, offering all interested individuals a chance to participate. Those interested in increasing their chance of winning purchase additional tickets, an arrangement that meets the legal requirements, Aguilar said.
“Raffles [such as Muir’s Room Raffle] are permitted because anyone who wants a ticket can get one. … Nothing of value is exchanged for participation in the game of chance,” Aguilar said.
Mahaffey explained that Muir has also been allowed to continue its Casino Night and Suitcase Dance, where one person attending is randomly awarded a trip, because there is no fee for participation.
In addition to official administrative units, the policy applies to all students and student organizations. UCSD’s Student Conduct Regulations states that any use of UCSD property must adhere to the appropriate federal, state and UCSD regulations regardless of the type of group using the property.
Student organizations are subject to the same rules and exemptions as units of the administration.
“Many organizations distribute raffle tickets to distribute gratuitous gifts in order to increase attendance. If this is the case, they should be conducting them in such a way that it is in compliance with the law,” Aguilar said.
In addition, organizations can apply for a city permit in order to be able to host bingo events.
While defined as a game of chance, bingo is permitted by California in designated bingo halls.
Campus organizations, therefore, would have to apply for a permit from the city of San Diego before hosting such games.
“UCSD is not subject to the city of San Diego, but to follow the spirit of the law, UCSD requires organizations to get a San Diego permit to host bingo,” Aguilar said.
