WSR 17-23-113
PERMANENT RULES
BELLINGHAM TECHNICAL COLLEGE
[Filed November 16, 2017, 12:40 p.m., effective December 17, 2017]
Effective Date of Rule: Thirty-one days after filing.
Purpose: Amendments to WAC 495B-140-020, 495B-140-040, 495B-140-045, 495B-140-060, 495B-140-070 and 495B-140-080 of chapter 495B-140 WAC, Use of college facilities, to address free speech on campus; firearms or weapons on campus; use of tobacco, electronic cigarettes and related products; and to align with recent changes made to the Bellingham Technical College student conduct code, chapter 495B-121 WAC.
Citation of Rules Affected by this Order: Amending WAC 495B-140-020, 495B-140-040, 495B-140-045, 495B-140-060, 495B-140-070, and 495B-140-080.
Statutory Authority for Adoption: RCW 28B.50.130.
Adopted under notice filed as WSR 17-17-076 on August 15, 2017.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 6, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 16, 2017.
Ronda Laughlin
Executive Assistant
to President
AMENDATORY SECTION (Amending WSR 12-21-061, filed 10/17/12, effective 11/17/12)
WAC 495B-140-020 Limitation of use to college activities.
(1) When allocating use of college facilities, the highest priority is always given to activities specifically related to the college's mission. No arrangements will be made that may interfere with or operate to the detriment of, the college's own teaching, research, or public service programs. In particular, college buildings, properties, and facilities, including those assigned to student programs, are used primarily for:
(a) The regularly established teaching, research, or public service activities of the college and its departments;
(b) Cultural, educational, or recreational activities of the students, faculty, or staff;
(c) Short courses, conferences, seminars, or similar events, conducted either in the public service or for the advancement of specific departmental professional interests, when arranged under the sponsorship of the college or its departments((.));
(d) Public events of a cultural or professional nature brought to the campus at the request of college departments or committees and presented with their active sponsorship and active participation;
(e) Activities or programs sponsored by educational institutions, by state or federal agencies, by charitable agencies or civic or community organizations whose activities are of widespread public service and of a character appropriate to the college.
(2) College facilities shall be assigned to student organizations for regular business meetings, social functions and for programs open to the public. Any recognized campus student organization may invite speakers from outside the college community. The appearance of an invited speaker on campus does not represent an endorsement by the college, its students, faculty, administration, or the board of trustees, implicitly or explicitly, of the speaker's views.
(a) Student organizations officially recognized by the college may invite speakers to the campus to address their own membership and other interested students and faculty if suitable space is available and there is no interference with the regularly scheduled program of the college. Although properly allowed by the college, the appearance of such speakers on the campus implies neither approval nor disapproval of them or their viewpoints. In case of speakers who are candidates for political office, equal opportunities shall be available to opposing candidates if desired by them. Speakers are subject to the normal consideration for law and order and to the specific limitations imposed by the state constitution regarding religious worship, exercise, or instruction on state property.
(b) In order to ensure an atmosphere or open exchange and to ensure that the educational objectives of the college are not obscured, the president, in a case attended by strong emotional feeling, may prescribe conditions for the conduct of the meeting including, but not limited to, the time, the manner, and the place for the conduct of such a meeting. Likewise, the president may require permission for comments and questions from the floor and/or may encourage the appearance of one or more additional speakers at a meeting or at a subsequent meeting so that other points of view may be expressed.
(3) Reasonable conditions may be imposed to regulate the timeliness of requests, to determine the appropriateness of space assigned, time of use, and to ensure the proper maintenance of the facilities. Subject to the same limitations, college facilities shall be made available for assignment to individuals or groups within the college community. Arrangements by both organizations and individuals must be made through the designated administrative officer. Allocation of space shall be made in accordance with college rules and on the basis of time, space, priority of request and the demonstrated needs of the applicant.
(4) The college may restrict an individual's or a group's use of college facilities if that person or group has, in the past, physically abused college facilities. Monetary charges may be imposed for damage or for any unusual costs for the use of facilities. The individual, group or organization requesting space will be required to state in advance the general purpose of any meeting.
(5) Commercial activities. College facilities will not be used for any commercial solicitation, advertising or promotional activities, except when such activities clearly serve an educational objective including, but not limited to, the display of books of interest to the academic community or the display or demonstration of technical or research equipment and when such commercial activities relate to educational objectives and are conducted under the sponsorship or at the request of the college or the student association if such solicitation does not interfere with or operate to the detriment of the conduct of college affairs or the free flow of vehicular or pedestrian traffic. For the purpose of this regulation, the term "commercial activities" does not include handbills, leaflets, newspapers, and similarly related materials as regulated in WAC 495B-140-045.
AMENDATORY SECTION (Amending WSR 12-21-061, filed 10/17/12, effective 11/17/12)
WAC 495B-140-040 General policies limiting use.
(1) 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 or forums as provided for in WAC 495B-140-020.
(2) Religious groups shall not, under any circumstances, use the college facilities as a permanent meeting place. Use may be intermittent only.
(3) The college reserves the right to prohibit the use of college facilities by groups which restrict membership or participation in a manner inconsistent with the college's commitment to nondiscrimination as set forth in its written policies and rules.
(4) Activities of a political or commercial 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 the rooms or facilities to which access has been granted.
(5) These rules shall apply to college and noncollege groups using college facilities.
(6) Use of audio amplifying equipment such as bullhorns, microphones, or loud speakers is not permitted. Exceptions can be made by college administration in locations and at times which will not interfere with the normal conduct of college affairs as determined by the appropriate administrative officer.
(7) No person or group may use or enter onto college facilities having in their possession firearms or weapons, except as prescribed by law. Possession, holding, wearing, transporting, storage or presence of any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, explosive devices, or any other weapon apparently capable of producing bodily harm is prohibited on the college campus, subject to the following exceptions:
(a) Commissioned law enforcement personnel or legally authorized military personnel while in performance of their duties;
(b) Individuals with a valid concealed weapons permit may store a pistol in his or her vehicle parked on campus in accordance with RCW 9.41.050 (2) or (3), provided the vehicle is locked and the weapon is concealed from view; or
(c) The president may grant permission to bring a weapon on campus upon a determination that the weapon is reasonably related to a legitimate pedagogical purpose. Such permission shall be in writing and shall be subject to such terms or conditions incorporated in the written permission.
This policy does not apply to the possession and/or use of disabling chemical sprays when possessed and/or used for self defense.
(8) The right of peaceful dissent within the college community will be preserved. The college retains the right to take steps 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 not a legitimate 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.
(9) Interference with free passage of vehicles, cyclists, pedestrians, or other traffic 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 and is not permitted. The event must not create safety hazards or pose unreasonable safety risks to college students, employees, or invitees of the college.
(10) Groups must obey and comply with directions of the designated college administrator or individual in charge of the meeting.
(11) If a college facility abuts a public area or street, and if group activity, although on public property, unreasonably interferes with ingress and egress to college buildings, or creates a disruption for the neighbors bordering the college, the college may choose to impose its own sanctions although remedies might also be available through local law enforcement agencies.
(12) Signs shall be no larger than three feet by five feet and no individual may carry more than one sign.
(13) College groups are asked to obtain authorization from the designated administrator no later than twenty-four hours in advance of an event.
(14) College group events shall not last longer than eight hours from beginning to end. Noncollege group events shall not last longer than five hours from beginning to end.
(15) The college has designated an area as the sole limited public forum area for first amendment activities on campus. This area is identified in the college facilities use policy and may change from time to time as decided by the college president.
(16) All sites must be cleaned up and left in their original condition and may be subject to inspection by a representative of the college after the event. Reasonable charges may be assessed against the sponsoring organization for extraordinary costs including, but not limited to, clean-up, security, or for the repair or replacement of damaged property.
(17) All fire, safety, sanitation, or special regulations specified for the event are to be obeyed. The college cannot and will not provide utility connections or hook-ups.
(18) Subject to the regulations of this policy, both college and noncollege groups may use the campus limited forums for first amendment activities between the hours of 7:00 a.m. and 10:00 p.m. throughout the year except during the following days of the year:
(a) The first week and the final exam week of each term;
(b) Advising day;
(c) Kickoff and convocation weeks, or in other words, the two weeks immediately preceding each quarter;
(d) Campus events.
(19) There shall be no overnight camping on college facilities or grounds, including off-campus facilities owned or leased by the college. Camping is defined to include sleeping outside, sleeping in vehicles, carrying on cooking activities, or storing personal belongings for personal habitation, or the erection of tents or other shelters or structures used for purposes of personal habitation. However, the college president or designee is authorized to make exceptions in the case of college sponsored events and/or instructional activities.
(20) College facilities may not be used for commercial sales, solicitations, advertising or promotional activities, unless:
(a) Such activities serve educational purposes of the college; and
(b) Such activities are under the sponsorship of a college department or office or officially chartered student club.
(21) The event must also be conducted in accordance with any other applicable college policies and regulations, college, local ordinances, and state or federal laws.
(22) The college president or designee is authorized to make exceptions to the policies limiting use in the case of college sponsored events and/or instructional activities.
(23) Free movement on campus. The president is authorized to prohibit the entry of or to withdraw the privileges of any person or group of persons to enter onto or remain upon any portion of the college campus if he/she deems that an individual or group of individuals disrupts the ingress or egress of others from the college facilities. The president may act through the vice president of administrative services or any other person he/she may designate.
AMENDATORY SECTION (Amending WSR 12-21-061, filed 10/17/12, effective 11/17/12)
WAC 495B-140-045 Distribution of materials.
Information may be distributed as long as it is not obscene or libelous or does not advocate or incite imminent unlawful conduct. The sponsoring organization is encouraged, but not required, to include its name and address on the distributed information. College groups may post information on bulletin boards, kiosks and other display areas designated for that purpose, and may distribute materials throughout the open areas of campus. Noncollege groups may distribute materials only at the site designated for noncollege groups and as authorized by the college. Any distribution of materials as authorized by the designated administrative officer shall not be construed as support or approval of the content by the college community or the board of trustees.
(1) Handbills, leaflets, newspapers and similar materials may be distributed free of charge by any student or students, or by members of recognized student organizations at locations specifically designated by the vice president of student services, provided such distribution does not interfere with the ingress or egress of persons or interfere with the instructional process or the free flow of vehicular or pedestrian traffic.
(2) Such handbills, leaflets, newspapers and related matter must bear identification as to the publishing agency and distributing organization or individual.
(3) All nonstudents shall register with the vice president of student services prior to the distribution of any handbill, leaflet, newspaper or related matter. Such distribution must not interfere with the instructional process or the free flow of vehicular or pedestrian traffic.
(4) Any person or persons who violate provisions of subsections (1) and (2) or (3) of this section will be subject to disciplinary action.
AMENDATORY SECTION (Amending WSR 12-21-061, filed 10/17/12, effective 11/17/12)
WAC 495B-140-060 Trespass.
(1) Individuals who are not students or members of the faculty or staff and who violate these rules will be advised of the specific nature of the violation, and if they persist in the violation, they will be requested by the president, or his or her designee, to leave the college property. Such a request prohibits the entry of and withdraws the license or privilege to enter onto or remain upon any portion of the college facilities by the person or group of persons requested to leave. Such persons shall be subject to arrest under the provisions of chapter 9A.52 RCW.
(2) Students who violate proscriptions within these regulations (chapter 495B-140 WAC) will be disciplined in accordance with the campus code of conduct (chapter 495B-120 WAC).
(3) Faculty and staff who violate proscriptions within these regulations (chapter 495B-140 WAC) will be disciplined in accordance with established college policies.
(4) Members of the college community (students, faculty, and staff) who do not comply with these regulations will be reported to the appropriate college office or agency for action in accordance with these rules.
(5) Persons or groups who violate the law, a college policy or rule may have their license or privilege to be on school property revoked and be ordered to withdraw from and refrain from entering upon any college property. Remaining on or reentering college property after one's license or privilege to be on college property has been revoked shall constitute trespass and such individual shall be subject to arrest for criminal trespass.
(((6) There shall be no overnight camping on college facilities or grounds, including off-campus facilities owned or leased by the college. Camping is defined to include sleeping, sleeping in a vehicle, carrying on cooking activities, or storing personal belongings for personal habitation, or the erection of tents or other shelters or structures used for the purpose of personal habitation. However, the college president or designee is authorized to make exceptions in the case of college sponsored events and/or instructional activities.))
AMENDATORY SECTION (Amending WSR 93-05-018, filed 2/10/93, effective 3/13/93)
WAC 495B-140-070 Prohibited conduct at college facilities.
(1) The use or possession of unlawful drugs or narcotics, not medically prescribed, or of intoxicants on college property or at college functions, is prohibited. Students obviously under the influence of intoxicants, unlawful drugs or narcotics while in college facilities are subject to disciplinary action.
(2) The use of tobacco is prohibited in accordance with health regulations. Tobacco, electronic cigarettes, and related products. The use of tobacco, electronic cigarettes, and related products in any building owned, leased, or operated by the college or in any location where such use is prohibited including, twenty-five feet from entrances, exits, windows that open, and ventilation intakes of any building owned, leased, or operated by the college, except in designated areas. "Related products" include, but are not limited to, cigarettes, cigars, pipes, bidi, clove cigarettes, water pipes, hookahs, chewing tobacco, personal vaporizers, vape pens, electronic nicotine delivery systems and snuff.
(3) Destruction of property is also prohibited by state law in reference to public institutions.
AMENDATORY SECTION (Amending WSR 93-05-018, filed 2/10/93, effective 3/13/93)
WAC 495B-140-080 Control of pets in college facilities.
Pets are not permitted in campus buildings or on the grounds except guide or service ((dogs for the visually or hearing impaired)) animals.