WSR 11-24-002

EMERGENCY RULES

SEATTLE COMMUNITY COLLEGES


[ Filed November 23, 2011, 3:52 p.m. , effective November 23, 2011, 3:52 p.m. ]


Effective Date of Rule: Immediately.

Purpose: The purpose of this emergency rule is to prohibit camping or erecting tents or other dwelling structures on Seattle Community College District VI property. This emergency rule also prohibits protests or other forms of protected speech between the hours of 10:00 p.m. and 7:00 a.m.

Citation of Existing Rules Affected by this Order: Amending WAC 132F-136-030.

Statutory Authority for Adoption: RCW 28B.50.140(13).

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: The Seattle and King County Environmental Health Services Division found a number of health and safety concerns at the Occupy Seattle encampment at Seattle Central Community College. These include food borne illness risk factors, communicable disease risks in an area adjacent to a child care facility, including animal defecation and urination, rodent activity and syringes and needles on the ground. The report also cited to drug dealing and illicit drug use. There has also been reported use of alcohol in the camp and urination and defecation adjacent to the camp. This overcrowded and unsanitary camp requires these emergency rules to protect the public health, safety, and general welfare of the college community and the inhabitants of Occupy Seattle.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: November 23, 2011.

Dr. Jill Wakefield

Chancellor

Seattle Community

College District VI


AMENDATORY SECTION(Amending WSR 84-21-031, filed 10/10/84)

WAC 132F-136-030   Limitation of use.   (1) Primary consideration shall be given at all times to activities specifically related to the college's mission, and no arrangements shall be made that may interfere with, or operate to the detriment of, the college's own teaching, research, or public service programs.

(2) In general, the facilities of the college shall not be rented to, or used by, private or commercial organizations or associations, nor shall the facilities be rented to persons or organizations conducting programs for private gain.

(3) College facilities may not be used for commercial sales, advertising, or promotional activities except when such activities clearly serve educational objectives (as in display of books of interest to the academic community or in the display or demonstration of technical or research equipment) and when they are conducted under the sponsorship or at the request of a college department, administrative office or student organization.

(4) College facilities may not be used for purposes of political campaigning by or for candidates who have filed for public office except for student-sponsored activities.

(5) Activities of commercial or political nature will not be approved if they involve the use of promotional signs or posters on buildings, trees, walls, or bulletin boards, or the distribution of samples outside rooms or facilities to which access has been granted.

(6) College facilities are available to recognized student groups, subject to these general policies and to the rules and regulations of the college governing student affairs.

(7) Handbills, leaflets, and similar materials except those which are commercial, obscene, or unlawful in character may be distributed only in designated areas on the campus where, and at times when, such distribution shall not interfere with the orderly administration of the college affairs or the free flow of traffic. Any distribution of materials as authorized by the designated administrative officer and regulated by established guidelines shall not be construed as support or approval of the content by the college community or the board of trustees.

(8) Use of audio amplifying equipment is permitted only in locations and at times that will not interfere with the normal conduct of college affairs as determined by the appropriate administrative officer.

(9) No person or group may use or enter onto college facilities having in their possession firearms, even if licensed to do so, except commissioned police officers as prescribed by law.

(10) The right of peaceful dissent within the college community shall be preserved. The college retains the right to insure the safety of individuals, the continuity of the educational process, and the protection of property. While peaceful dissent is acceptable, violence or disruptive behavior is an illegitimate means of dissent. Should any person, group or organization attempt to resolve differences by means of violence, the college and its officials need not negotiate while such methods are employed.

(11) Orderly picketing and other forms of peaceful dissent are protected activities on and about the college premises. However, interference with free passage through areas where members of the college community have a right to be, interference with ingress and egress to college facilities, interruption of classes, injury to persons, or damage to property exceeds permissible limits.

(12) Peaceful picketing and other orderly demonstrations are permitted in public areas and other places set aside for public meetings in college buildings. Where college space is used for an authorized function, such as a class or a public or private meeting under approved sponsorship, administrative functions or service related activities, groups must obey or comply with directions of the designated administrative officer or individual in charge of the meeting.

(13) If a college facility abuts a public area or street, and if student activity, although on public property, unreasonably interferes with ingress and egress to college buildings, the college may choose to impose its own sanctions although remedies might be available through local law enforcement agencies.

(14) College property may not be used for camping, defined to include sleeping, carrying on cooking activities, storing personal belongings, or the erection of tents or other shelters or structures used for purposes of personal habitation.

[Statutory Authority: Chapter 28B.50 RCW. 84-21-031 (Order 44, Resolution No. 1984-22), 132F-136-030, filed 10/10/84; Order 35, 132F-136-030, filed 11/21/77; Order 26, 132F-136-030, filed 9/16/75; Order 3, 132F-136-030, filed 9/20/72.]

Washington State Code Reviser's Office