WSR 97-18-064

PROPOSED RULES

UNIVERSITY OF WASHINGTON

[Filed September 2, 1997, 11:40 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-10-077.

Title of Rule: Chapter 478-136 WAC, Use of University of Washington facilities.

Purpose: These rules exist to ensure that all facilities operated by the University of Washington are reserved primarily for educational use or recreational activities related to it. University facilities may be used for other activities, as long as the primary function the facility was intended to serve is protected.

Statutory Authority for Adoption: RCW 28B.20.130.

Statute Being Implemented: RCW 28B.20.130.

Summary: The proposed changes to these rules establish policies that regulate the use of facilities by nonuniversity individuals and organizations and by university units when members of the general public are invited to use facilities.

Reasons Supporting Proposal: Chapter 478-136 WAC was last amended in 1991. The rule changes proposed herein are intended to bring the university's rules into conformance with current practice and to reflect current university policy.

Name of Agency Personnel Responsible for Drafting and Implementation: Norman G. Arkans, Associate Vice-President and Executive Director of University Relations, 400 Gerberding Hall, University of Washington, (206) 543-2560; and Enforcement: Roger Serra, Chief, University Police, 1117 N.E. Boat Street, University of Washington, (206) 543-9331.

Name of Proponent: University of Washington, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The proposed rule changes provide new rules for the use of facilities under certain circumstances, including additional regulation of smoking on campus and the use of the university facilities for camping, as well as other necessary rule changes. Effects include prohibiting camping under most circumstances and improving the health and safety of the campus by restricting smoking in outdoor areas adjacent to building entrances and air intakes.

Proposal Changes the Following Existing Rules: The following sections of the Washington Administrative Code are amended: WAC 478-136-010, 478-136-012, 478-136-015, 478-136-025, 478-136-030, and 478-136-060. The following section of the Washington Administrative Code is repealed: WAC 478-136-040.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Chapter 478-136 WAC is not subject to the Regulatory Fairness Act, chapter 19.85 RCW.

RCW 34.05.328 does not apply to this rule adoption. Chapter 478-136 WAC is not subject to RCW 34.05.328 and is not considered a significant legislative rule.

Hearing Location: Room 209A of the Husky Union Building (HUB), University of Washington, Seattle, Washington, on October 23, 1997, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact UW Disability Services Office by October 9, 1997, TDD (206) 543-6452, or (206) 543-6450.

Submit Written Comments to: Rebecca Goodwin Deardorff, Administrative Procedures Officer, Administrative Procedures Office via one of the following: Campus mail: Box 355509; United States mail: University of Washington, 4014 University Way N.E., Seattle, WA 98105-6203; e-mail adminpro@u.washington.edu; or FAX (206) 543-0786, by October 23, 1997.

Date of Intended Adoption: November 21, 1997.

August 28, 1997

Rebecca Goodwin Deardorff

Administrative Procedures Officer

AMENDATORY SECTION (Amending Order 82-2, filed 7/22/82, effective 10/1/82 WAC 478-136-010 Use of university facilities--General policy. The University of Washington is an educational institution provided and maintained by the people of the state in order to carry out its broad mission of teaching, research and public service. The purpose of this policy is to ((assure)) ensure that all facilities operated by the university are reserved primarily for educational((, cultural or)) use including, but not limited to, instruction, research, public assembly, student activities and recreational activities related to ((that mission)) educational use. Further, ((the use of)) each facility may be ((maximized)) used for a variety of activities, so long as the ((basic)) primary function the facility was intended to serve is protected (((e.g., instruction, research, public assembly, student activities, recreation, etc.))). Reasonable time, place and manner restrictions may be placed on the use of university facilities.

[Statutory Authority: RCW 28B.20.130(1). 82-16-001 (Order 82-2), 478-136-010, filed 7/22/82, effective 10/1/82; Order 73-2, 478-136-010, filed 1/10/73.]

AMENDATORY SECTION (Amending Order 82-2, filed 7/22/82, effective 10/1/82 WAC 478-136-012 Definitions. (1) "Facilities" includes all structures, grounds, parking lots, waterfront, and airspace owned or operated by the University of Washington. Specific rules also apply to parking lots, bicycle and skateboard use (chapter 478-116 WAC), boat moorage facilities (chapter 478-138 WAC and University Handbook, Volume IV, Part VII, Chapter 3, Section 2), residence halls (chapter 478-156 WAC and University Handbook, Volume IV, Part VI, Chapter 1, Section 2), airspace use (University Handbook, Volume IV, Part VII, Chapter 3, Section 5), scoreboard postings (University Handbook, Volume IV, Part VI, Chapter 1, Section 4), solicitation and commercial sales (University Handbook, Volume IV, Part VI, Chapter 1), nonuniversity speakers on campus (University Handbook, Volume IV, Part VII, Chapter 3, Section 4), smoking (University Handbook, Volume IV, Part VII, Chapter 6), and use of facilities by the Associated Students University of Washington (ASUW), Graduate and Professional Student Senate (GPSS), and other affected organizations (University Handbook, Volume III, Part III, Chapter 5).

(2) "Use of facilities" includes, but is not limited to: The holding of events, the posting and removal of signs, all forms of advertising, commercial activities, and charitable solicitation.

(3) "Approved event" means a use of university facilities which ((is sponsored by)) has received preliminary approval from an academic or administrative unit and which has ((been determined to be appropriate by)) received final approval from the committee on the use of university facilities.

[Statutory Authority: RCW 28B.20.130(1). 82-16-001 (Order 82-2), 478-136-012, filed 7/22/82, effective 10/1/82.]

AMENDATORY SECTION (Amending Order 86-2, filed 7/16/86)

WAC 478-136-015 Administrative responsibilities. (1) The board of regents ((delegates)) has delegated to the president of the university the authority to regulate the use of university facilities.

(2) Under this authority, the president has appointed the committee on the use of university facilities: To provide for proper review of the use of university facilities; to establish within the framework of this policy((,)) guidelines and procedures governing such use; to approve or disapprove requested uses; and to establish policies regarding fees and rental schedules where appropriate. Inquiries concerning the use of university facilities may be directed to ((the Secretary of the Committee, 400 Administration Building (AI-10), 543-2560)):

University of Washington

Secretary of the Committee on the

Use of University Facilities

400 Gerberding Hall

Box 351210

Seattle, WA 98195-1210

(or phone: 543-2560).

(3) ((Sponsorship)) Preliminary approval of an event by an academic or administrative unit of the university implies that a responsible official has applied his or her professional judgment ((has been applied)) to the content of the program, the qualifications of the individuals conducting the event, the manner of presentation, and has concluded that the event is consistent with the teaching, research, and/or public service mission of the university.

(4) Final approval of a facilities use request by the committee on the use of university facilities implies that the committee has reviewed the proposed event ((has been reviewed)) with regard to: The general facilities policy; the direct and indirect costs to the institution; environmental, health and safety concerns; wear and tear on the facilities; appropriateness of the event to the specific facility; and the impact of the event on the campus community, surrounding neighborhoods and the general public.

(5) The university will not make its facilities or services available to organizations which do not assure the university that they will comply with the terms of the Americans with Disabilities Act (ADA, 42 U.S.C. 12132, 12182) and the Rehabilitation Act of 1973 (RA, 29 U.S.C. 794). Uses must not impose restrictions nor alter facilities in a manner which would violate the ADA or RA.

(6) The university will not make its facilities or services available to organizations which do not assure the university that they do not discriminate against any person because of race, color, religion, national origin, sex, sexual orientation, age, handicap, or status as a Vietnam era or disabled veteran, except where such organizations have been exempted from provisions of applicable state or federal laws or regulations.

(7) Individuals who violate the university's use of facilities regulations ((will)) and approved users who violate university contract terms for use of facilities may be advised of the specific nature of the violation and, if ((they persist, will)) continued, individuals may be requested to leave university property or be refused future use of university facilities. Failure to comply with ((such)) a request ((will)) to leave university property could subject such individuals to arrest and criminal prosecution under provisions of ((RCW 9A.52.080 (Criminal trespass in the second degree), city of Seattle 12A.08.040 (Criminal trespass), or other)) applicable state, county, and city laws.

[Statutory Authority: RCW 28B.20.130. 86-15-038 (Order 86-2), 478-136-015, filed 7/16/86. Statutory Authority: RCW 28B.20.130(1). 82-16-001 (Order 82-2), 478-136-015, filed 7/22/82, effective 10/1/82.]

AMENDATORY SECTION (Amending Order 82-2, filed 7/22/82, effective 10/1/82 WAC 478-136-025 Users. (1) Faculty, staff, registered or official student organizations may use university facilities to hold events for faculty, staff and students provided such uses comply with ((the)) this general policy on ((the)) use of university facilities and specific facilities use policies of individual university units. ((They)) These events do not, however, require either preliminary approval by an academic or administrative unit ((sponsorship)) or final approval by the committee on the use of university facilities.

(2) Faculty, staff, registered or official student organizations may use university facilities to hold events to which the general public is invited when the event has preliminary approval by an academic or administrative unit ((sponsorship)) and ((the)) final approval of the committee on the use of university facilities.

(3) Nonuniversity organizations and individuals may use university facilities to hold events which ((are sponsored)) have received preliminary approval by a university academic or administrative unit and ((approved)) final approval by the committee on the use of university facilities. The general public may be invited to such events.

(((4) Use of facilities by groups for religious purposes is permitted on the same basis as for nonreligious purposes as long as the use by groups for religious purposes does not dominate access to facilities.))

[Statutory Authority: RCW 28B.20.130(1). 82-16-001 (Order 82-2), 478-136-025, filed 7/22/82, effective 10/1/82.]

AMENDATORY SECTION (Amending WSR 91-14-024, filed 6/25/91, effective 7/26/91)

WAC 478-136-030 Limitations on use. (1) Freedom of expression is a highly valued and indispensable quality of university life. However, university facilities may not be used in ways which obstruct or disrupt university operations, the freedom of movement, or any other lawful activities. Additionally, use of university facilities may be subject to reasonable time, place and manner restrictions.

(2) ((Faculty, staff, registered or official student organizations may use)) University facilities ((to present educational)) may be used for events and forums regarding ballot propositions and/or candidates who have filed for public office ((as)) so long as the ((audience is limited to university faculty, staff and students. However, state law (RCW 42.17.130) prohibits "the use of any of the facilities of a public office or agency, directly or indirectly, for the purpose of assisting a campaign for election of any person to any office or for the promotion of or opposition to any ballot proposition.")) event has received preliminary approval by an administrative or academic unit and final approval by the committee on the use of university facilities. There are, however, certain limitations on the use of university facilities for these political activities.

(a) First priority for the use of campus facilities shall be given to regularly scheduled university activities.

(b) University facilities may be used for political purposes such as events and forums regarding ballot propositions and/or candidates who have filed for public office only when the full rental cost of the facility is paid. However, use of state funds for payment of facility rental costs is prohibited.

(c) Forms or debates may be scheduled at full facility rental rates if all parties to a ballot proposition election or all candidates who have filed for office for a given position, regardless of party affiliation, are given equal access to the use of facilities within a reasonable time.

(d) No person shall solicit contributions on university property for political uses, except in instances where this limitation conflicts with applicable federal law regarding interference with the mails.

(e) Public areas outside university buildings may be used for political purposes such as events and forums regarding ballot propositions and/or candidates who have filed for public office, excluding solicitation of funds, provided the other normal business of the university is not disrupted and entrances to and exits from buildings are not blocked.

(f) University facilities or services may not be used to establish or maintain offices or headquarters for political candidates or partisan political causes.

(3) University facilities may not be used for private or commercial purposes such as sales, advertising, or promotional activities unless such activities serve an educational purpose, as determined by the committee on the use of university facilities.

(4) ((The)) In accordance with WAC 478-136-010, the university will make its facilities available only for purposes related to the educational mission of the university, as determined by the committee on the use of university facilities, including but not limited to instruction, research, public assembly, and student activities. When permission is granted to use university facilities for approved instructional or related purposes, as a condition of approval, the user of university facilities agrees to include in all materials nonendorsement statements in the form approved by the committee on the use of university facilities. "Materials" includes all communications, advertisement, and any other printed, electronic, or broadcast/telecast information related to the user's activities offered in university facilities. The committee will determine the content, size of print and placement of the nonendorsement language. The university will not make its facilities available for instructional or related purposes that compete with courses or programs offered by the university.

(5) Solicitation, or distribution of handbills, pamphlets and similar materials by anyone, whether a member of the university community or of the general public, is not permitted in those areas of campus to which access by the public is restricted or where such solicitation or distribution would significantly impinge upon the primary business being ((carried on)) conducted. ((Handbills and similar printed materials may not be left in the Daily distribution boxes or left for distribution anywhere else on campus.)) Solicitation and distribution of materials in university residence halls are governed by residence hall policies.

(((5) Charitable solicitation is not permitted in those areas of the campus to which access by the public is restricted or where such solicitation would significantly impinge upon the primary business being carried on.))

(6) Electronic amplification on the grounds of the campus is prohibited with the following exceptions:

(a) The lawn area immediately west of the ((student)) Husky Union Building will be available for open-air speaking events using directional and volume-controlled speech amplification equipment provided by the university. Use of the ((student)) Husky Union Building lawn site will be available to registered or official student organizations and faculty or staff groups on a first-come, first-served basis. The amplification system will be issued upon presentation of a currently valid student, faculty or staff identification card at the ((Student Union)) Husky Union Building Reservation Office((, 104C Student Union Building)).

(b) The committee on the use of university facilities may grant permission, under special circumstances, for the use of other amplification equipment on the lawn site west of the ((student)) Husky Union Building or in other outdoor locations. Permission should be requested through ((the Secretary to the Committee, 400 Administration Building (AI-10), 543-2560)):

University of Washington

Secretary to the Committee on the

Use of University Facilities

400 Gerberding Hall

Box 351210

Seattle, WA 98195-1210

(or phone: 543-2560), sufficiently in advance of the program to allow timely consideration.

(7)(a) ((The parking garages on the campus of the University of Washington are open to the public for the limited purpose of parking motor vehicles. Sleeping, or remaining in the parking garages for purposes unrelated to vehicular parking is prohibited.)) No person may use university facilities to camp, except if permission to do so has been granted in accordance with the provisions of chapters 478-116 and 478-136 WAC or except as provided in (b) of this subsection. "Camp" means to remain overnight, to erect a tent or other shelter, or to use sleeping equipment, a vehicle, or a trailer camper, for the purpose of or in such ways as will permit remaining overnight. Violators are subject to arrest and criminal prosecution under applicable ((statutes including RCW 9A.52.080, 9.66.030, and 7.48.220)) state, county and city laws.

(b) ((The term "parking garages" as used in (a) of this subsection shall mean the sheltered parking areas on the University of Washington campus, and the stairwells and entrances of those covered parking areas.)) This provision does not prohibit use of the university residence facilities in accordance with chapter 478-156 WAC or the use of facilities where the employee remains overnight to fulfill the responsibilities of his or her position or where a student remains overnight to fulfill the requirements of his or her course of study.

(8) Within the limits of applicable laws, the University of Washington is committed to establishing and maintaining safe conditions for persons attending football games in Husky Stadium or other athletic events or concerts in campus facilities. Accordingly, the rules enumerated below will apply to all such events and be strictly enforced.

(a) The possession or consumption of alcoholic beverages or illegal drugs is prohibited. In addition to having the beverages or drugs confiscated, violators may be subject to university disciplinary action and/or legal proceedings, and removal from the events.

(b) Air horns, glass bottles, cans, picnic baskets, bota bags, ice chests, and thermoses (in excess of two-quart capacity) are prohibited. Individuals possessing such will not be admitted to, or will be removed from, Husky Stadium or other athletic or concert facilities until the items have been stored temporarily at locations provided for that purpose or disposed of in some other manner.

(c) Smoking ((of tobacco in any form)) is prohibited in the seating areas of ((Husky Stadium)) all athletic stadia. Smoking is permitted on ((the)) pedestrian concourses.

(9) The University of Washington is committed to maintaining a safe and healthful work and educational environment for all faculty, staff, students, and visitors. ((This smoking policy will assist in protecting nonsmokers from smoke in their work environments or areas they frequent for personal activities, and in protecting life and property against fire hazard.)) Accordingly, ((the rules enumerated below constitute)) the University of Washington establishes the following smoking policy to protect nonsmokers from exposure to smoke in their university-associated environments and to protect life and property against fire hazards:

(a) Except as provided in subsection (8)(c) and (b) of this ((subsection)) section, smoking ((of tobacco in any form)) is prohibited in all university vehicles ((and)), inside all buildings((:

(i) Owned or occupied by the university; and

(ii) Used by the university's faculty, staff, or students)) owned or occupied by the university and/or used by the university's faculty, staff or students and at any outside areas or locations that may directly or indirectly affect the air supply of buildings or carry smoke into buildings.

(b) Smoking may be permitted in student rooms in university residence halls and apartments in university student housing in accordance with smoking regulations established for those facilities by the vice-president for student affairs. ((The vice-president for student affairs shall be responsible for establishing smoking regulations for these facilities.))

(c) ((Whenever possible, this smoking policy will be enforced locally by relevant supervisors and administrators, and through informal dispute resolution. Should such measures fail, violations may result in formal disciplinary action.)) The director of environmental health and safety may designate specific outdoor locations as no smoking areas.

(d) Any student, staff, or faculty member who violates the university smoking policy may be subject to disciplinary action. In addition, violations of the university smoking policy may be subject to enforcement by the University of Washington police department.

[Statutory Authority: RCW 28B.20.130. 91-14-024, 478-136-030, filed 6/25/91, effective 7/26/91. Statutory Authority: Chapter 34.05 RCW. 90-12-034, 478-136-030, filed 5/30/90, effective 9/1/90. Statutory Authority: RCW 28B.20.130. 88-19-045 (Order 88-05), 478-136-030, filed 9/14/88; 85-01-045 (Order 84-5), 478-136-030, filed 12/14/84. Statutory Authority: RCW 28B.20.130(1). 82-16-001 (Order 82-2), 478-136-030, filed 7/22/82, effective 10/1/82; Order 73-2, 478-136-030, filed 1/10/73.]

AMENDATORY SECTION (Amending Order 82-2, filed 7/22/82, effective 10/1/82 WAC 478-136-060 Safety and liability. (1) It is the responsibility of any person or organization requesting the use of university facilities to ((ensure that the proposed use will be carried out in a manner that assures the safety of all persons concerned. Compliance)) comply with all applicable university policies, procedures, rules and regulations, and applicable local, state and federal laws, including but not limited to fire, health and safety regulations ((is required)).

(2) Permission to a nonuniversity organization or to a registered or official student organization for the use of university facilities is granted with the express understanding and condition that such organization assumes full responsibility for any loss, damage or claims arising out of such use.

When the event involves physical activity, or otherwise will increase the risk of bodily injury above the level inherent in the facilities to be used, proof of appropriate liability insurance coverage with limits of at least $1,000,000 per occurrence must be provided to the university's office of risk management before approval for the requested use will be granted.

[Statutory Authority: RCW 28B.20.130(1). 82-16-001 (Order 82-2), 478-136-060, filed 7/22/82, effective 10/1/82.]

REPEALER

The following section of the Washington Administrative Code is repealed: