Preproposal statement of inquiry was filed as WSR 05-15-142.
Title of Rule and Other Identifying Information: New WAC 132Z-140-010 - 132Z-140-110, use of college facilities.
Hearing Location(s): Room 260 (Board Room) at Cascadia Community College, Bothell, Washington, on May 15, 2006, at 1:00 p.m.
Date of Intended Adoption: June 8, 2006.
Submit Written Comments to: Dede Gonzales, Cascadia Community College, 18345 Campus Way N.E., Bothell, WA 98011, e-mail firstname.lastname@example.org, fax (425) 352-8313, by May 15, 2006.
Assistance for Persons with Disabilities: Contact Enrollment Services at (425) 352-8359, by May 5, 2006.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Cascadia Community College will govern operations of its dedicated campus facilities use under WAC 132Z-140-050 - 132Z-140-110, use of college facilities.
Reasons Supporting Proposal: To ensure efficiently and equity Cascadia Community College wishes to establish this chapter.
Statutory Authority for Adoption: RCW 28B.20.130.
Statute Being Implemented: RCW 28B.20.130.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Cascadia Community College, public.
Name of Agency Personnel Responsible for Drafting and Enforcement: Mr. Terence Hsiao, 18345 Campus Way N.E., (425) 352-8810; and Implementation: Dr. William Christopher, 18345 Campus Way N.E., (425) 352-8810.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Chapter 132Z-141 WAC does not impose a disproportionate impact on small businesses.
A cost-benefit analysis is not required under RCW 34.05.328. Chapter 132Z-141 WAC is not considered significant legislative rules by Cascadia Community College.
April 3, 2006
to the President
USE OF COLLEGE FACILITIES
"College" shall mean Cascadia Community College;
"College facilities" shall mean those parts of the joint Cascadia Community College/University of Washington, Bothell campus that are dedicated primarily to Cascadia Community College use, and shall include those campus buildings dedicated primarily to Cascadia Community College classrooms, laboratories, and administration, as well as the areas immediately surrounding those buildings;
"Campus" shall mean the entire joint Cascadia Community College/University of Washington, Bothell campus.
(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, or by charitable agencies or civic or community organizations whose activities are of widespread public service and of a character appropriate to the college. However, the college will not make its facilities available for instructional or related purposes that compete with courses or programs offered by the college.
(2) College facilities may be assigned to student organizations for regular business meetings, social functions, and programs open to the public. Any recognized campus student organization may invite speakers from outside the college community, after following the facility use application procedures in WAC 132Z-140-100. The appearance of an invited speaker on campus does not represent an endorsement by the college, its faculty or administration, or the board of trustees of the speaker's views.
(3) Reasonable conditions may be imposed to regulate the timeliness of requests, to determine the appropriateness of space assigned and the 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, consistent with the facility use application procedures in WAC 132Z-140-100. 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 facilities the individual or group has used. 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.
(2) Posters and samples may be posted or distributed only in designated areas of the campus, unless prior permission to post/distribute is obtained from the director of communications. Information on the location of designated poster/distribution areas may be obtained in the office of the director of communications.
(3) WAC 132Z-140-010 through 132Z-140-122 shall apply to recognized student groups using college facilities.
(4) Handbills, leaflets, and similar materials except those which are commercial, obscene, or unlawful may be distributed in designated areas on the campus where, and at times when, such distribution will not interfere with the orderly administration of the college affairs or the free flow of traffic. Prior authorization must be obtained from the director of communications. Any distribution of materials as authorized by the director of communications shall not be construed as support or approval of the content by the college community or the board of trustees.
(5) 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 vice-president for finance and operations.
(6) The right of peaceful dissent within the college community will be preserved. 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.
(7) 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.
(8) 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.
(2) Students, faculty, and staff of the college who do not comply with these regulations will be reported to the appropriate college office or agency for action in accordance with this chapter or with other applicable rules, regulations, or policies. Individuals who are students of the University of Washington, Bothell and are attending University of Washington, Bothell classes or sponsored events may be referred to the University of Washington, Bothell office of the dean of students as an alternative to the process set forth in this section.
(2) The use of tobacco in any indoor facility is prohibited in accordance with health regulations.
(a) Smoking is prohibited inside all college or university vehicles, inside buildings and parking structures owned or occupied by the college or university and/or used by college or university 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) The institutions may designate specific outdoor locations as smoking areas. Signage will be placed to indicate the designated locations.
(c) Any student, staff, or faculty member who violates the smoking policy may be subject to disciplinary action. In addition, violations of the smoking policy may be subject to appropriate enforcement.
(3) Destruction of property is also prohibited by state law in reference to public institutions.
(4) Authorized events may have alcoholic beverages as approved by the president and with proper permits.
(2) The college does not wish to compete with private enterprise. Therefore, the college reserves the right to deny applications for facility use when the administration and/or the board of trustees feels a commercial facility is equivalent to the college facility, is available for use, and should be patronized. At no time will facility use be granted for a commercial activity at a rental rate, or upon terms, less than the full and fair rental value of premises used.
(2) Upon approval of the application, an authorized representative of the using organization shall sign the rental agreement. By affixing a signature as representing the using organization, the signatory specifies he or she has authority to enter into agreement on behalf of the organization and if the organization fails to pay the amount due, the signatory becomes responsible for all charges which may include interest payment for overdue accounts as specified on the rental form but not less than one percent per month.
(3) The college may require an advance deposit of up to fifty percent, payable before approval of the application, for large events, events requiring expenditures on the part of the college, or events that require the college to block out significant areas for the renter.
(4) The college reserves the right to make pricing changes without prior notice.
(5) Use of a facility is limited to the facilities specified on the agreement.
(6) The priorities for facility use place primary emphasis on regular college events and activities. The college reserves the right to cancel any permit and refund any payments for use of college facilities and equipment when they deem such action advisable and in the college's best interests.
(7) If an applicant cancels a facility use permit, the applicant is liable for all college costs and expenses in preparing the facility for its use.
(8) Organizations using Cascadia Community College's facilities shall conduct all activities in accordance with applicable local, state, and federal laws including but not limited to the Americans with Disabilities Act, 42 U.S.C. §§ 12101-12213, the Rehabilitation Act of 1973, 29 U.S.C. § 794, Washington's law against discrimination, chapter 49.60 RCW, and all rules adopted by the board of trustees.
(2) The security staff or some other authority of the college will open and lock all rented facilities. Keys to buildings or facilities will not be issued or loaned on any occasion to any using organization with the exception of keys to designated off-campus locations.