Original Notice.

     Preproposal statement of inquiry was filed as WSR 04-23-049.

     Title of Rule and Other Identifying Information: Use of

Community College District VIII facilities by college groups and noncollege groups for first amendment activities. This chapter will be WAC 132H-142-010 through 132H-142-080.

     Amends existing chapter 132H-140 WAC and renames it Facility usage for other than first amendment activities for Community College District VIII.

     Hearing Location(s): Bellevue Community College, 3000 Landerholm Circle S.E., Room B201, Bellevue, WA 98007-6484, on March 9, 2005, at 2:00 p.m.

     Date of Intended Adoption: March 9, 2005.

     Submit Written Comments to: Elise Erickson, Bellevue Community College, 3000 Landerholm Circle S.E., Bellevue, WA 98007-6484, e-mail eerickso@bcc.ctc.edu, fax (425) 564-2261, by February 21, 2005.

     Assistance for Persons with Disabilities: Contact Susan Gjomesli by March 1, 2005, TTY (425) 564-4110 or (425) 564-2498.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Bellevue Community College recognizes and supports the rights of groups and individuals to engage in first amendment activities. This policy shall be interpreted and construed to support such activities while simultaneously balancing the needs and interests of the college to fulfill its mission as a state educational institution of Washington.

     The college's existing facilities use policy will change to delete references which conflict with the new first amendment policy and will contain language to refer interested parties to the new policy.

     Statutory Authority for Adoption: RCW 28B.50.140.

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

     Name of Proponent: Derek Edwards, Assistant Attorney General, Education Division, State of Washington, governmental.

     Name of Agency Personnel Responsible for Drafting: Elise Erickson, A201, 3000 Landerholm Circle S.E., Bellevue, WA 98007-6484, (425) 564-2540; Implementation: Don Bloom, B202, 3000 Landerholm Circle S.E., Bellevue, WA 98007-6484, (425) 564-2451; and Enforcement: Terrie Graham, K100, 3000 Landerholm Circle S.E., Bellevue, WA 98007-6484, (425) 564-2400.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The new policy and changes go the existing facilities policy have no impact on small business.

     A cost-benefit analysis is not required under RCW 34.05.328. There are no costs associated with implementation of this rule.

January 12, 2005

Debra P. Ross

Rules Coordinator

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     For purposes of this policy, college groups shall mean individuals who are currently enrolled students or current employees of Bellevue Community College or who are affiliated with a recognized student organization or a recognized employee group of the college.

     The College is a limited public forum for non-college groups. The limited public forum does not include college buildings or athletic fields. College buildings, rooms, and athletic fields may be rented in accordance with the college's facilities use policy.

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     (1) The name, address and telephone number of the individual, group, entity or organization sponsoring the event (hereinafter "the sponsoring organization"); and

     (2) The name, address and telephone number of a contact person for the sponsoring organization; and

     (3) The date, time and requested location of the event; and

     (4) The nature and purpose of the event; and

     (5) The type of sound amplification devices to be used in connection with the event, if any; and

     (6) The estimated number of people expected to participate in the event.

     Signs shall be no larger than three feet by five feet (3' x 5') and no individual may carry more than one sign.

     If more than thirty (30) people are expected to participate in the event, the event must be held in the southern courtyard, just north of the Carlson Theater.

     The use of sound amplification devices is limited to the limited public forum area as long as the sound amplification device is used at a volume which does not disrupt or disturb the normal use of classrooms, offices or laboratories or any previously scheduled college event or activity.

     College groups are encouraged to notify the campus public safety department no later than 48 hours in advance of an event. However, unscheduled events are permitted so long as the event does not interfere with any other function occurring at the facility.

     College group events shall not last longer than eight hours from beginning to end. Non-college events shall not last longer than five hours from beginning to end.

     Information may be distributed as long as it is not obscene or libelous or does not advocate unlawful conduct. The sponsoring organization is encouraged, but not required, to include its name and address on the distributed information. To avoid excessive littering of the campus and/or greatly increased work requirements for college physical plant employees, groups are asked to cooperate with the college in limiting the distribution of information leaflets or pamphlets to the limited public forum site.

     Speech that does no more than propose a commercial transaction shall not occur in connection with the event.

     The limited public forum used by the group should be cleaned up and left in its 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 the costs of extraordinary clean-up or for the repair of damaged property.

     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 for purposes of first amendment activities conducted pursuant to this policy.

     The event must not obstruct vehicular, bicycle, pedestrian or other traffic or otherwise interfere with ingress or egress to the college, or to college buildings or facilities, or to college activities or events.

     The event must not create safety hazards or pose unreasonable safety risks to college students, employees or invitees to the college.

     The event must not interfere with educational activities inside or outside any college building or otherwise prevent the college from fulfilling its mission and achieving its primary purpose of providing an education to its students.

     The event must not materially infringe on the rights and privileges of college students, employees or invitees to the college.

     The event must also be in accordance with any other applicable college policies and regulations, regulations and policies of Bellevue Community College, local ordinances and/or state or federal laws.

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     The president of the college or designee may at any time, terminate, cancel or prohibit the event if it is determined, after proper inquiry, that the event does constitute or will constitute a clear and present danger to the college's orderly operation.

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     When the college grants permission to a college group or non-college group to use its facilities it is with the express understanding and condition that the individual or organization assumes full responsibility for any loss or damage.

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[Statutory Authority: RCW 28B.50.140. 82-11-039 (Order 80, Resolution No. 149), § 132H-140-010, filed 5/12/82; 79-10-051 (Order 64, Resolution No. 121), § 132H-140-010, filed 9/17/79; Order 28, § 132H-140-010, filed 3/7/75.]

     The purpose of these regulations is to establish procedures and reasonable controls for the use of college facilities for ((noncollege)) non-college groups and for college groups where applicable.

     In keeping with this general purpose, and consistent with RCW 28B.50.140(7) and 28B.50.140(9), facilities should be available for a variety of uses which are of benefit to the general public if such general uses substantially relate to and do no interfere with the mission of the college. However, a state agency is under no obligation to make its public facilities available to the community for private purposes.

     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, or public service programs.

     Reasonable conditions may be imposed to regulate the timeliness of requests, to determine the appropriateness of space assigned, time of use, and to insure 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. Such arrangements by both organizations and individuals must be made through campus operations.

[Statutory Authority: RCW 28B.50.140. 02-14-007, § 132H-140-020, filed 6/20/02, effective 7/21/02; 82-11-039 (Order 80, Resolution No. 149), § 132H-140-020, filed 5/12/82; 79-10-051 (Order 64, Resolution No. 121), § 132H-140-020, filed 9/17/79; Order 28, § 132H-140-020, filed 3/7/75.]

     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 132H-140-025   Facilities use for first amendment activities.   Use of the campus for first amendment activities, as defined by law, is governed by the rules set forth in chapter WAC 132H-142-010 through WAC 132H-142-060. This chapter does not apply to those individuals or groups using the college facilities for first amendment activities.

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[Statutory Authority: RCW 28B.50.140. 02-14-007, § 132H-140-030, filed 6/20/02, effective 7/21/02; 79-10-051 (Order 64, Resolution No. 121), § 132H-140-030, filed 9/17/79; Order 28, § 132H-140-030, filed 3/7/75.]

     No college facilities may be used by individuals or groups from outside the college unless the facilities including buildings, equipment and facilities land have been reserved.

     In determining whether to accept a request for the use of college facilities, the administration shall use the college mission statement and the following items, listed in priority order, as guidelines:

     (1) Bellevue Community College scheduled programs and activities.

     (2) Major college events.

     (3) Foundation related events.

     (4) ((Noncollege)) Non-college (outside individual or organization) events.

     Arrangements for use of college facilities must be made through the campus operations office.

[Statutory Authority: RCW 28B.50.140. 02-14-007, § 132H-140-050, filed 6/20/02, effective 7/21/02; 82-11-039 (Order 80, Resolution No. 149), § 132H-140-050, filed 5/12/82; 79-10-051 (Order 64, Resolution No. 121), § 132H-140-050, filed 9/17/79; Order 28, § 132H-140-050, filed 3/7/75.]

     (1) Interfere or conflict with the college's instructional, student services or support programs;

     (2) Interfere with the free flow of pedestrian or vehicular traffic on campus;

     (3) Involve illegal activity;

     (4) Create a hazard or result in damage to college facilities; or

     (5) Create undue stress on college resources (e.g., a request for a major event may be denied if another major event is already scheduled for the same time period, because of demands for parking, security coverage, etc.).

     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.

     Any individual or group granted permission to use college facilities shall agree in advance to abide by all college rules and regulations. The college reserves the right to deny use of college facilities to any individual or group whose past conduct indicates a likelihood that college rules and regulations will not be obeyed. The college may also deny use to a requesting individual or organization which has used the facilities in the past and has damaged college property, left college buildings and grounds in excessive disorder, or failed to cooperate with college staff concerning use of the facilities.

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

     College facilities may be used for purposes of political campaigning by or for candidates who have filed for public office, directed to members of the public, only when the full rental cost of the facility is paid. Use of state funds to pay for facility rental costs for political campaigns is prohibited. ((No person may solicit contributions on college property for political uses, except where this limitation conflicts with federal law regarding interference with the mails.))

     ((Orderly picketing and other forms of peaceful dissent are protected activities on and about the college premises when such premises are open to public use. 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. While peaceful dissent is acceptable, violence or disruptive behavior is not a legitimate means of dissent. If any person, group, or organization attempts to resolve differences by means of violence, the college retains the right to take steps to protect the safety of individuals, the continuity of the educational process, and the property of the state.))

     If at any time actual use of college facilities by an individual or group constitutes an unreasonable disruption of the normal operation of the college, such use shall immediately terminate, all persons engaged in such use shall immediately vacate the premises, and leave the college property upon command of the appropriate college official.

     Advertising or promotional materials for any event being held in a college facility must follow the same procedure as applies to students outlined in WAC 132H-120-050.

     Use of audio amplifying equipment is permitted only in locations and at times that will not interfere with the normal conduct of college affairs.

     BCC facilities may not be used for private or commercial purposes unless such activities clearly serve the educational mission of the college, are either sponsored by an appropriate college unit or conducted by contractual agreement with the college. Commercial uses may also be made as noted in WAC 132H-133-050.

     Alcoholic beverages will not be served without the approval of the president or his/her designee. It shall be the responsibility of the event sponsor to obtain all necessary licenses from the Washington State Liquor Control Board and adhere to their regulations, and those of Bellevue Community College.

[Statutory Authority: RCW 28B.50.140. 02-14-007, § 132H-140-065, filed 6/20/02, effective 7/21/02.]

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