WSR 08-24-026

PERMANENT RULES

WASHINGTON STATE UNIVERSITY


[ Filed November 24, 2008, 10:50 a.m. , effective December 25, 2008 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: The university's facilities use rules are being updated to accommodate the multicampus system, changes in laws, and changes in the university's administrative structure.

Citation of Existing Rules Affected by this Order: Repealing WAC 504-32-010, 504-32-060, 504-34-010, 504-34-020, 504-34-030, 504-34-040, 504-34-050, 504-34-070, 504-34-080, 504-34-090, 504-34-100, 504-34-110 and 504-34-120; and amending WAC 504-28-030 rename chapter 504-34 WAC and rename and amend WAC 504-34-140 and 504-36-020; and new chapters 504-33 and 504-35 WAC.

Statutory Authority for Adoption: RCW 28B.30.150.

Adopted under notice filed as WSR 08-19-105 on September 17, 2008.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 20, Amended 3, Repealed 13.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 20, Amended 3, Repealed 13.

Number of Sections Adopted Using Negotiated Rule Making: New 20, Amended 3, Repealed 13; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: November 21, 2008.

Ralph T. Jenks, Director

Procedures, Records, and Forms

and University Rules Coordinator

OTS-1871.1


AMENDATORY SECTION(Amending WSR 95-07-046, filed 3/8/95, effective 4/8/95)

WAC 504-28-030   Scheduling of events.   (1) Facilities. ((Recognized student groups schedule facilities by contacting the appropriate campus departments. The activities/recreational sports office will assist groups in determining whom to contact.

(a) To schedule rooms in the Wilson Compton Union (CUB), contact CUB scheduling. That office will determine if a special events form needs to be completed. Forms are available in the activities/recreational sports office, CUB 337.

(b) For scheduling of departmental, faculty and student events for conferences and conventions involving people from off-campus, contact the office of university relations.

(c) To schedule classrooms on campus, contact the registrar's office (French Administration Building).

(d) To schedule use of the coliseum, contact performing arts coliseum, coliseum director's office.

(e) To schedule gym facilities for use from 8:00 a.m. to 5:00 p.m. Monday through Friday, contact kinesiology, leisure studies department. Scheduling of gym facilities for use after 5:00 p.m. and on weekends is handled through the activities/recreational sports office in CUB 337.

(f) To schedule Bryan Auditorium, contact the registrar's office.

(g) To schedule R.R. Jones Theatre and Daggy Little Theatre, contact Daggy Hall, Room 251.

(h) For use of special services, contact physical plant. For use of lecterns, lighting, P.A. set-ups and janitorial services, fill out the form "Request for services for special events," available at the physical plant and activities/recreational sports office. This form must be authorized at the activities/recreational sports office before turning it into physical plant.

(i) For scheduling of the Terrell Mall or library plaza, see WAC 504-32-010.

(3) Individuals and nonuniversity groups must first contact the director of the CUB to schedule rooms in the CUB, the Terrell Mall, and the Library Plaza. Any other use by individuals and nonuniversity groups must be approved by the facilities use committee.

(4) Time scheduling recommendations. Most buildings and facilities on campus close by midnight. Groups wishing their events to extend past this time should make arrangements with the appropriate scheduling office.

(5) Special scheduling information.

(a) The activities/recreational sports office staff is available to advise on appropriate forms, arrangements, publicity, etc.

(b) Any recognized student organization may sponsor political speakers on campus. All such groups should follow the normal procedure in scheduling.

(c) ASWSU may run concerts on a speculative basis. All other recognized student organizations may have concerts only if they have sufficient funds to back all concert expenses 100%. The activities/recreational sports office staff is available to advise on concert arrangements and contract negotiations.)) Student governments and registered student organizations may schedule facilities by contacting the approving authority in accordance with WAC 504-35-022. The department responsible for overseeing student government and registered student organizations on each campus (currently, the office of campus involvement on the Pullman campus) is available to assist groups in determining whom to contact to make arrangements.

The list of approving authorities for the most frequently used buildings at the Pullman campus is available in the office of business and finance. The list for all campuses is available on-line at http://www.campus.wsu.edu/.

(2) Special scheduling information.

(a) Staff of the department responsible for overseeing student governments and registered student organizations on each campus are available to advise those groups on the use of appropriate forms, making event arrangements, publicity for events, and related matters.

(b) Any student government or registered student organization may sponsor political speakers on campus in accordance with WAC 504-35-030(3). For the purpose of this rule, a political speaker is a candidate who has filed for public office as well as an individual who is speaking in support of or in opposition to a ballot proposition.

(c) Student governments may run concerts on a speculative basis. Registered student organizations will be allowed to use campus facilities for concerts only if they have sufficient funds to pay one hundred percent of all concert expenses for events. Staff of the department responsible for overseeing student governments and registered student organizations on each campus are available to provide assistance on their respective campuses.

(d) Committee meetings and social activities should be scheduled in facilities which are accessible to disabled ((individuals)) persons.

[Statutory Authority: RCW 28B.30.150, 28B.30.095 and 28B.30.125. 95-07-046, 504-28-030, filed 3/8/95, effective 4/8/95. Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150 and chapter 28B.19 RCW. 87-12-013 (Order 87-1), 504-28-030, filed 5/26/87. Statutory Authority: RCW 28B.30.125 and 28B.30.150. 80-07-015 (Order 80-2, Resolution No. 6/80-15), 504-28-030, filed 6/11/80; Order 75-1, 504-28-030, filed 7/7/75, effective 9/1/75; Order 5, 504-28-030, filed 9/26/72; Order 3, 504-28-030, filed 8/5/71.]

OTS-1587.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 504-32-010 Rules for use of the mall.
WAC 504-32-060 Outdoor dances, concerts, carnivals and fairs.

OTS-1872.1

Chapter 504-33 WAC

FACILITY USE RULES FOR FIRST AMENDMENT/FREE SPEECH ACTIVITIES


NEW SECTION
WAC 504-33-010   Title.   This chapter is known as the Washington State University facility use rules for first amendment/free speech activities.

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NEW SECTION
WAC 504-33-015   Definitions.   (1) "Nonuniversity group," for the purposes of this policy, means a collection of individuals that is neither a university affiliate, a registered student organization, nor a recognized employee group. The term also includes the individual members of these groups, when acting on behalf of the group, and individuals who are not currently enrolled students, current university employees, or employees of a university affiliate.

(2) "University group," for purposes of this policy, means registered student organizations as defined in WAC 504-28-010, or a recognized employee group of the university, and also encompasses the individual members of these groups when acting on behalf of the group. The term also includes individuals who are currently enrolled students or current employees.

(3) "University affiliates" or "affiliated entities" means those entities that have formal relationships with the university and also encompass those entities' officers, agents, and employees. The terms include, but are not limited to, the university foundation, the university research foundation, the office of the attorney general, the 4-H foundation, and the United States Department of Agriculture -- Agricultural Research Service. A list of affiliated entities is available on the campus use committee web site. The web site can be found by accessing the university's web site at: http://www.wsu.edu/.

(4) "Limited public forum areas" means those areas of each campus that the university has chosen to be open as places for expressive activities protected by the first amendment, subject to reasonable time, place or manner restrictions.

(a) At the Pullman campus, the designated limited public forum areas are:

(i) The Glenn Terrell Mall; and

(ii) The public sidewalks adjacent to public roads.

(b) At the Spokane campus, the designated limited public forum areas are:

(i) The patio outside the main entrance to the Phase I Classroom Building; and

(ii) The public sidewalks adjacent to public roads.

(c) At the Tri-Cities campus, the designated limited public forum areas are:

(i) The Atrium Courtyard; and

(ii) The public sidewalks adjacent to public roads.

(d) At the Vancouver campus, the designated limited public forum areas are:

(i) The area of campus plaza directly east of the cafeteria extending to the stone wall; and

(ii) The public sidewalks adjacent to public roads.

(e) In addition to the public forum areas identified herein, the chancellors of the Spokane, Tri-Cities, and Vancouver campuses and the university president may designate additional areas of the campuses under their authority as public forums. Such additional public forum areas shall be set forth in the university's business policies and procedures manual.

(5) "First amendment activities" include, but are not necessarily limited to, informational picketing, petition circulation, the distribution of information leaflets or pamphlets, speech-making, demonstrations, rallies, appearances of speakers in outdoor areas, protests, meetings to display group feelings or sentiments and/or other types of constitutionally protected assemblies to share information, perspective or viewpoints.

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NEW SECTION
WAC 504-33-020   Use of limited public forum areas -- Purpose.   Freedom of expression is a highly valued and indispensable quality of university life, and the university desires to allow its students and employees the opportunity to utilize the facilities and grounds of the university to the fullest extent possible. The university commitment to this ideal does not, however, grant to individuals or groups an unlimited license to engage in activity which limits, interferes with, or otherwise disrupts the normal activities for and to which the university's buildings, facilities and grounds are dedicated. The purpose of these time, place, and manner regulations is to establish procedures and reasonable controls for the use of the university's limited public forum areas by both nonuniversity and university groups. It is intended to balance the university's responsibility to fulfill its mission as a state educational institution of Washington with the interests of nonuniversity groups or university groups who are interested in using the campus for purposes of constitutionally protected speech, assembly, or expression.

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NEW SECTION
WAC 504-33-025   Use of limited public forum facilities.   Subject to the regulations and requirements of this policy, university and nonuniversity groups may use the university's limited public forum areas for those activities protected by the first amendment.

(1) Notice to use the limited public forum areas is to be provided as follows:

(a) At the Pullman campus:

(i) To the campus police; and

(ii) For requests to use the Glenn Terrell Mall, to the scheduling office.

(b) At the Spokane campus:

(i) To the campus office of student affairs; and

(ii) To the campus security office.

(c) At the Tri-Cities campus:

(i) To the campus office of student affairs; and

(ii) To the campus security office.

(d) At the Vancouver campus:

(i) To the campus office of business affairs; and

(ii) To the campus security office.

(2) Timing of notice. All groups must provide the required notice no later than fourteen calendar days in advance of use of the limited public forum. However, events may be permitted with less notice so long as the event does not interfere with any other function occurring at the facility.

(3) Content of notice. The notice to use the public forum areas is to contain:

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

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

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

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

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

(4) Sound amplification. The use of sound amplification devices for free speech purposes is not allowed.

(5) Duration of events. In order to allow for the expression of a wide range of viewpoints and discussion of an array of issues, university group events may not last longer than eight hours per day, and may continue no longer than five days from beginning to end. Nonuniversity events and university affiliate events may not last longer than five hours per day and may continue over no more than three days, from beginning to end. These limitations upon the duration of events will be excused, on a day-to-day basis, upon request when there are no competing requests to use the facility.

(6) Distribution of materials. Signs, posters, literature, handbills, leaflets, and pamphlets may be distributed in accordance with WAC 504-34-140. The sponsoring organization is encouraged, but not required, to include its name and address on the distributed information.

(7) Commercial transactions. Speech that does no more than propose a commercial transaction is prohibited in connection with the use of the facility or event.

(8) The limited public forum used by the group must be cleaned up and left in its original condition and may be subject to inspection by a representative of the university after the event. Reasonable charges may be assessed against the sponsoring organization for the costs of cleanup or for the repair of damaged property.

(9) The use of the facility must comply with all requirements of WAC 504-35-030.

(10) The university and/or government authorities may specify additional fire, safety, sanitation, and special regulations for the event, and the user must obey those regulations.

(11) The university will not provide utility connections or hook-ups.

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NEW SECTION
WAC 504-33-030   Additional requirements for scheduling at times of university authorized or sponsored events.   (1) The limited public forum may not be used on the same date as any previously scheduled university event or activity at the site (aside from regularly scheduled classes) where it is reasonably anticipated that more than five hundred people will attend the university event or activity.

(2) Where more than five hundred people are expected to attend an event in Martin Stadium or Beasley Coliseum, or on the days of any football or basketball game, the following restrictions apply:

(a) The sidewalks adjacent to Martin Stadium may not be used for the three-hour period preceding a football game or other event at Martin Stadium until two hours after the game or event has ended, except that sidewalks opposite the stadium may continue to be used for first amendment activities during these time periods, so long as the activities do not unduly interfere with the flow of pedestrian or vehicular traffic. Where the free speech activity is expected to draw a crowd of more than fifty people, the Glenn Terrell Mall may not be used during these time periods.

(b) The sidewalks adjacent to Beasley Coliseum may not be used for the two-hour period preceding a game or other event at Beasley Coliseum until two hours after the game or event has ended, except that sidewalks opposite the coliseum may continue to be used for first amendment activities during these time periods, so long as the activities do not unduly interfere with the flow of pedestrian or vehicular traffic.

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NEW SECTION
WAC 504-33-040   Grant and termination of license to use facilities.   The university president or designee; any university vice-president; the chancellors of the Spokane, Tri-Cities, or Vancouver campuses or designees; or the designee of the vice-president for business and finance may authorize first amendment activities which are reasonably determined not to disrupt university activities, despite a literal violation of this policy statement. Such determinations will be made without consideration of the content or message of the first amendment activities.

The university president or designee; any university vice-president; the chancellors of the Spokane, Tri-Cities, or Vancouver campuses or designees; or the designee of the vice-president for business and finance may, at any time, terminate, cancel or prohibit the use of facilities if the event is disrupting normal university functions. Any of these individuals may refuse to allow a proposed use of facilities if they determine, after reasonable inquiry, that the use or event cannot be conducted without disrupting normal university functions. Such determinations will be made without consideration of the content or message of the first amendment activities.

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NEW SECTION
WAC 504-33-050   Posting of a bond and hold harmless statement.   When using university facilities, an individual or organization may be required to post a bond and/or obtain insurance to protect the university against cost or other liability.

When the university grants permission 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 resulting from that use.

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NEW SECTION
WAC 504-33-060   Criminal trespass.   Any person believed to be violating these regulations may be barred from campus in accordance with the procedures outlined in WAC 504-35-150.

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OTS-1531.3

Chapter 504-34 WAC

WASHINGTON STATE UNIVERSITY ((FACILITY USE)) POSTING AND LITERATURE DISTRIBUTION REGULATIONS


AMENDATORY SECTION(Amending WSR 95-07-047, filed 3/8/95, effective 4/8/95)

WAC 504-34-140   ((Advertising policies.)) Signs, posters, handbills, and flyers.   ((The following policies apply to all advertising done on campus.

(1) Signs and posters.

(a) All advertising in the CUB must have approval from the activities/recreational sports office.

(b) All advertising announcements to be posted in other campus buildings should be confined to general bulletin boards. For use of other bulletin boards contact the appropriate department or residence hall for approval.

(c) No advertising should be taped to walls or other interior surfaces.

(d) All outdoor advertising is restricted to bulletin boards, the kiosks, and the west entrance of the CUB. Signs put up at the west entrance of the CUB should be approved in the activities/recreational sports office. The size is limited to twelve square feet.

(e) University-related banners may be displayed on the overhead walkways after securing permission from the activities/recreational sports office. They must be constructed of fabric, with air vents, and attached to the structure with rope or twine -- tape and wire are not permitted.

(f) Free-standing signs may be placed on campus grounds and the mall with the approval of the director of physical plant.

(g) No signs, handbills, or stickers are to be placed on trees or buildings other than the two places mentioned above. Paint or chalk must not be used on sidewalks or buildings.

(h) Before exhibits or displays are placed on the mall, notification must be made to the disabled student services office.

(i) It is the responsibility of the group to remove advertising within twenty-four hours after the event.

(2) Literature, handbills and notices.

(a) Literature, handbills and notices may be distributed at any reasonable outdoor area on campus consistent with the orderly conduct of university affairs, the maintenance of university property, and the free flow of traffic and persons. Efforts must be made to avoid litter. Individuals or groups distributing are responsible for leaving the area clean, including all discarded handbills. Distribution by means of accosting individuals or by hawking is prohibited.

(3) Public address system.

(a) Requests for public address systems require the signature of the faculty advisor.

(b) Systems are available through the instructional media services.

(c) Use of systems:

(i) Time of use: Monday through Thursday, 5:00 p.m. to 7:00 p.m.; and on Saturday 12:00 noon to 7:00 p.m. (Exceptions may be made by the union board.)

(ii) Discreet and considerate use of public address systems in the vicinity of the hospital is expected.

(iii) Public address systems on moving vehicles must have a police permit.

(4) Athletic events. All advertising at athletic events must be cleared through the office of intercollegiate athletics.

(5) Advertising for student government. Advertising for student government elections shall be according to the rules established by the ASWSU election board.

(6) Advertising at registration must be approved by the registrar.)) The following rules apply to all users, except for the university itself.

(1) Signs, posters, placards, banners, handbills, flyers, announcements, and similar materials may be placed:

(a) Indoors:

(i) On bulletin boards that have been designated "general use" bulletin boards by the university. All other bulletin boards are reserved to the use of the university department that manages them, and only information related to university, university recognized or sponsored activities, college, or department may be posted thereon.

(ii) Bulletin boards that have been designated as general use will contain notice of that designation, together with the note as to who, if anyone, must be contacted in order to post on the board. That individual may date stamp the material, but will not deny a request to post based upon the content of the message.

(b) Outdoors:

(i) On bulletin boards designated for general use;

(ii) At the kiosks at the Pullman campus designated for general use; and

(iii) Free-standing displays may be placed on free speech areas of each campus, if the user has received the written approval of the chief administrator designated at that campus prior to posting, who may deny or defer a request to a later date based upon competing uses of the requested space, but will not deny a request based upon content. Such chief administrator is identified on the campus use committee web site. The web site is found by accessing the WSU web site at: http://www.wsu.edu/.

(c) The overhead walkways that cross streets at the Pullman campus may be used by the university and students, including student government organizations and registered student organizations to display banners that promote a university event or an approved event sponsored by student government or a registered student organization, if the user has received the written approval of the scheduling office prior to posting, and if the banners are constructed of durable, weather-proof material, have air vents and metal grommets, and are attached to the structure with approved cable ties. Tape, rope, and/or wire are not permitted.

(2) Signs, posters, placards, banners, handbills, flyers, announcements, and similar materials may not:

(a) Be placed on, taped, glued, or otherwise affixed to walls, windows, furniture, or any interior surfaces;

(b) Be placed on, taped, glued, or otherwise affixed to trees;

(c) Be placed on, taped, glued, or otherwise affixed to a building exterior;

(d) Be placed on, taped, glued, or otherwise affixed to walkways, floors, or sidewalks; or

(e) Be placed on, taped, glued, or otherwise affixed to vehicles while located on university owned or controlled grounds, with the exception of official university notices distributed with the approval of the department of parking services.

(3) Neither paint, chalk, nor other marker may be used on any walkway, sidewalk, floor, or on any portion of a building.

(4) The individual or group posting the sign, poster, placard, banner, handbill, flyer, announcement, or similar material must:

(a) Ensure that any document posted on a general use bulletin board or kiosk is no larger than eleven inches by seventeen inches;

(b) Not post material so that it covers other postings;

(c) Remove the material and related fasteners:

(i) Within two weeks of posting; or

(ii) Within twenty-four hours of the end of the event promoted on the material, whichever is shorter, provided that continuing service signs may be redated/stamped and reposted; and

(d) Obtain a date stamp, where required by the university department/unit responsible for a bulletin board, or clearly write the date of posting on the material.

(5) Removal of materials by university. The university retains the right to remove the following:

(a) Material that does not contain the posting date.

(b) Material that is not removed within two weeks of posting or within twenty-four hours of the end of the event, whichever is shorter.

(c) Material on bulletin boards or kiosks that exceeds the size limitations.

(d) Material that is posted so that it covers other documents.

(6) Before exhibits or displays are placed on the Glenn Terrell Mall, notification must be made to the disability resource center.

(7) Literature, handbills, flyers, pamphlets, and notices.

(a) Literature, handbills, flyers, pamphlets, notices, and similar materials may be distributed to individuals in any of the university's limited public forum areas consistent with the orderly conduct of university affairs, the maintenance of university property, and the free flow of vehicular and pedestrian traffic.

(b) Efforts must be made to avoid litter when distributing these materials.

(c) Materials may not be placed on or affixed to vehicles located on university owned or controlled grounds.

(d) Individuals or groups distributing are responsible for leaving the area clean, including picking up all discarded materials and placing them in the trash.

(e) Distribution by means of accosting, confronting, detaining, or waylaying individuals or by hawking is prohibited. Distribution by means of offering materials to passers-by who indicate a willingness to accept them is allowed.

[Statutory Authority: RCW 28B.30.150, 28B.30.095 and 28B.30.125. 95-07-047, 504-34-140, filed 3/8/95, effective 4/8/95.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 504-34-010 Purpose and delegation.
WAC 504-34-020 Definitions.
WAC 504-34-030 Limitations.
WAC 504-34-040 Users.
WAC 504-34-050 Private or commercial enterprise.
WAC 504-34-070 Outdoor dances and concerts.
WAC 504-34-080 Parades.
WAC 504-34-090 Carnivals and fairs.
WAC 504-34-100 Other requests.
WAC 504-34-110 Building hours.
WAC 504-34-120 Administrative control.

OTS-1873.1

Chapter 504-35 WAC

FACILITY USE RULES FOR OTHER THAN FIRST AMENDMENT/FREE SPEECH ACTIVITIES


NEW SECTION
WAC 504-35-005   Title.   This chapter is known as Washington State University facility use rules for other than first amendment/free speech activities.

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NEW SECTION
WAC 504-35-010   Use of university facilities -- General policy and purpose.   Washington State University is an educational institution provided and maintained by the people of the state of Washington in order to carry out its broad missions of teaching, research, and public service. A state agency is under no obligation to make its public facilities available to the community for private purposes, and the university generally reserves its facilities, buildings, and grounds for its mission-related activities, including: Instruction, research, public assembly, student activities, and recreational activities related to education. However, the university makes facilities available for a variety of uses which are of benefit to the general public under the conditions set forth in these regulations if such general uses substantially relate to, and do not interfere with, university missions.

The purpose of these regulations is to establish procedures and reasonable controls for the use of university facilities by individuals and entities other than the university itself, including university employees, students, and registered student organizations, as well as individuals and groups that are not related to or affiliated with the university.

In reviewing conflicting requests to use university facilities, primary consideration is given to activities specifically related to the university's mission. Additionally, no use will be allowed that may interfere with, or operate to the detriment of, the university's own teaching or public service programs. Additionally, 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.

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NEW SECTION
WAC 504-35-015   First amendment/free speech activities not covered.   Use of university facilities for first amendment/free speech activities is governed by the rules set forth in chapter 504-33 WAC. This chapter does not apply to those individuals or groups using university facilities for first amendment activities.

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NEW SECTION
WAC 504-35-020   Definitions and powers.   (1) "Affiliated entities" or "university affiliates" means those entities that have formal relationships with the university and also encompass those entities' officers, agents, and employees. Affiliated entities include, but are not limited to, the university research foundation, the university foundation, the 4-H foundation, the office of the attorney general, and the United States Department of Agriculture -- Agricultural Research Service. A list of affiliated entities is available on the campus use committee web site. The web site can be found by accessing the university's web site at: http://www.wsu.edu/.

(2) "Approving authority" means a university employee who has authority, consistent with these regulations and with the procedures established by the campus use committee, to review, approve, or deny individual requests for use of facilities.

(a) The university maintains a list of the approving authorities for those facilities that are most frequently used on a short-term basis by individuals and groups. That list is available from the office of business and finance at the Pullman campus, 442 French Administration Building, or by going on-line to the campus use committee web site. The web site can be found by accessing the university's web site at: http://www.wsu.edu/.

(b) The approving authority for all long-term uses of facilities is the vice-president for business and finance, the university president, or designee.

(3) A "ballot proposition" means any measure, initiative, recall, or referendum proposition proposed to be submitted to the voters of the state or of any municipal corporation, political subdivision, or other voting constituency from the time that proposition has been filed with the appropriate election officer of the constituency.

(4) The "campus use committee" is the group that is charged with establishing procedures for review of requests to use university facilities at the Pullman campus; to establish, within the framework of these regulations, procedures governing use of facilities throughout the university system; to review rental schedules where appropriate, and to review individual requests for use where such requests are not reviewed by another university unit or department under these rules. Review of requests to use facilities at the Vancouver, Spokane, and Tri-Cities campuses will be reviewed by the campus use committees for those campuses.

(5) "Campus use committee -- Vancouver," "campus use committee -- Tri-Cities," and "campus use committee -- Spokane" mean the groups responsible to review individual requests for use of university facilities operated under the oversight of the Vancouver, Tri-Cities and Spokane campuses where such requests are not reviewed by another university unit or department under these rules.

(6) A "candidate forum" means a forum where all registered candidates for a potential elected seat are invited to speak regarding their candidacy and position on issues.

(7) "First amendment activities" include, but are not necessarily limited to, informational picketing, petition circulation, the distribution of information leaflets or pamphlets, speech-making, demonstrations, rallies, appearances of speakers in outdoor areas, protests, meetings to display group feelings or sentiments, and/or other types of constitutionally protected assemblies to share information, perspectives, or viewpoints.

(8) An "issue forum" means a forum where supporters and opponents of a ballot proposition are invited to speak on their positions regarding the ballot proposition.

(9) "Limited public forum areas" means those areas of each campus that the university has chosen to be open as places for expressive activities protected by the first amendment ("first amendment activities"), subject to reasonable time, place, or manner restrictions. The use of limited public forum areas for first amendment activities is governed by chapter 504-33 WAC. The provisions of this chapter govern the use of limited public forum areas for nonfirst amendment activities, such as student sponsored concerts or dances. Limited public forum areas are identified in WAC 504-33-015.

(10) "Long-term use" means the use of a university facility for a period of longer than five consecutive business days in any thirty calendar-day period or the use of a university facility for a period that will exceed ten days in any thirty calendar-day period.

(11) A "measure" means any question or proposition submitted to voters.

(12) "Nonuniversity group," for the purposes of this policy, means a collection of individuals that is neither a university affiliate, a registered student organization, nor a recognized employee group. The term also includes the individual members of these groups when acting on behalf of the group, and individuals who are not currently enrolled students, current university employees, or employees of a university affiliate.

(13) "Registered student organization" means a student group or association that has officially signed up with the university pursuant to WAC 504-28-010.

(14) "Short-term use" means a use of a university facility on a daily or hourly basis, not to exceed five consecutive calendar days, or ten calendar days in any thirty calendar-day period. Approving authorities may enter agreements authorizing sporadic use of facilities under their control for periods of up to one year, if the approving authority utilizes the template approved by the office of business and finance for such agreements and if the authorized use will not exceed ten days in any thirty calendar-day period.

(15) "University group," for purposes of this policy, means a registered student organization or a recognized employee group (an employee group created to further professional development of its members or the mission of the university) of the university, and also encompasses the individual members of these groups when acting on behalf of the group. The term also includes individuals who are currently enrolled students or current employees.

(16) "University facilities" means all buildings and grounds owned or controlled by the university and the streets, sidewalks, malls, parking lots, and roadways within the boundaries of property owned or controlled by the university.

(17) "Use of facilities" includes the holding of any event or forum, the posting of signs, all forms of advertising, commercial solicitation or the conduct of other commercial activities, the distribution of pamphlets or similar written materials, and the charitable solicitation or the conduct of other charitable activities on or using university facilities.

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NEW SECTION
WAC 504-35-022   Requests for use of facilities for other than first amendment activities.   (1) Requests for short-term use of university facilities must be directed to the approving authority who has authority to consummate rental agreements consistent with the rental rates established by the university, these facility regulations, and any guidelines developed by the campus use committee, including the requirement that the approving authority use university approved facilities use templates. A list of the individuals having authority to approve requests for short-term uses of identified university facilities is available in the university office of business and finance at the Pullman campus or by going on-line to the campus use committee web site. The web site can be found by accessing the university's web site at: http://www.wsu.edu/.

(2) Requests for long-term use of university facilities must be directed to the vice-president for business and finance, the university president, or designee.

(3) If a requestor is uncertain where to direct a request to use a particular facility, or if the approving authority for a particular facility is not on the university list, he or she should address his or her request to the campus use committee or to the vice-president for business and finance or designee.

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NEW SECTION
WAC 504-35-024   Scheduling and reservation practices for other than first amendment activities -- Duties of requestor.   (1) The primary purpose of university facilities is to serve the university's instructional, research, and public service activities. However, facilities when not required for scheduled university use, may be available for rental by the public in accordance with current fee schedules and other relevant terms and conditions for such use.

(2) No university facilities may be used by individuals or groups unless the facilities, including buildings, equipment, and land, have been reserved.

(3) Requests to use university facilities are made to the approving authority, as defined in WAC 504-35-020(2) and in accordance with WAC 504-35-022.

(4) The approving authority may deny the request to use university facilities where he or she determines that such use would violate any of the limitations set forth in WAC 504-35-030 or where the requestor is unwilling to comply with university requirements for the use of facilities, as authorized by these rules.

(5) The university may require an individual or organization to make an advance deposit, post a bond and/or obtain insurance to protect the university against cost or other liability as a condition to allowing use of any university facility.

(6) When the university grants permission to an individual or organization to use its facilities it is with the understanding and on the condition that the individual or organization assumes full responsibility for any loss or damage resulting from such use and agrees to hold harmless and indemnify the university against any loss or damage claim arising out of such use.

(7) The university and/or government authorities may specify fire, safety, sanitation, and special regulations for the event. It is the responsibility of the user to obey those regulations, as well as to comply with other applicable university policies, procedures, rules, regulations, and state, local, and federal laws.

(8) When the university grants permission to an individual or organization to use its facilities it is with the understanding and on the condition that the individual or organization is responsible to clean the facility and leave it in its original condition at the conclusion of its use or event. The facility may be subject to inspection by a representative of the university after the event. Reasonable charges may be assessed against the sponsoring organization for the costs of extraordinary cleanup or for the repair of damaged property.

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NEW SECTION
WAC 504-35-026   Facility rental/use fees.   (1) The university assesses fees based upon the actual cost, direct and indirect, of using a university facility. Fees for the short-term use of most facilities are set forth on a schedule available in the office of business and finance at the Pullman campus or by going on-line to the campus use committee web site. The web site can be found by accessing the university's web site at: http://www.wsu.edu/. The university reserves the right to make changes to fees without prior written notice, except that such fee changes do not apply to facility use agreements already approved by the university.

(2) In the event that the fee for the use of a particular facility has not been placed on the schedule, and if the university determines to allow the use of the facility, the university will assess a fee based upon the full cost, direct and indirect, of using the facility.

(3) Fees for the long-term use of facilities are individually negotiated between the requestor and the office of business and finance, with the fee charged reflecting the full costs of the use, as offset by any resulting university benefit.

(4) Student government organizations and registered student organizations may be allowed to use space in many university facilities at no charge or at a reduced rate. The fees charged to student government and registered student organizations for facilities are available in the university office of business and finance at the Pullman campus or by going on-line to the campus use committee web site. The web site can be found by accessing the university's web site at: http://www.wsu.edu/.

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NEW SECTION
WAC 504-35-030   Limitations on use.   The following limitations apply to all uses of any university facilities:

(1) University facilities may not be used in ways which obstruct vehicular, bicycle, pedestrian, or other traffic or otherwise interfere with ingress or egress to the university, any university building or facility, or that obstruct or disrupt educational activities or other lawful activities on university grounds, university controlled facilities, or at university sponsored events.

(2) University facilities may not be used in ways that interfere with educational, research, or public service activities inside or outside any university building or otherwise prevent the university from fulfilling its missions and achieving its primary purposes.

(3) University facilities may not be used for the purpose of campaigning regarding a ballot proposition or by, for, or against candidates who have filed for public office, except that:

(a) University departments, student government organizations, or registered student organizations may sponsor candidate forums as well as issue forums regarding ballot propositions;

(b) Candidates for office and proponents or opponents of ballot propositions may rent university facilities on a short-term basis for campaign purposes to the same extent and on the same basis as may other individuals or groups;

(c) Candidates for office and proponents or opponents of ballot propositions may use the limited public forum areas using the procedures of chapter 504-33 WAC to the same extent and on the same basis as may other individuals or groups; and

(d) A registered student organization may invite a candidate or another political speaker to one of the meetings of its membership on university property, if it has complied with the scheduling procedures of WAC 504-35-024.

(4) University facilities may not be used in ways that create safety hazards or pose unreasonable safety risks to students, employees, or invitees.

(5) University facilities may not be used for commercial purposes, including: Advertising, commercial solicitation, sales, or other activities to promote a product, except as allowed under WAC 504-35-050.

(6) University facilities may not be used in furtherance of or in connection with illegal activity.

(7) University facilities may not be used in such manner as to create a hazard or result in damage to university facilities.

(8) University facilities may not be used where such use would create undue stress on university 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.); except that the use of limited public forum areas for a first amendment activity may not be halted simply because the event may require additional university security or police costs.

(9) Advance permission by the approving authority is required to use audio amplifying equipment. Use of audio amplifying equipment is permitted only in locations and at times that will not interfere with the normal conduct of university affairs.

(10) Alcoholic beverages may be served only as allowed under university policies. It is the responsibility of the event sponsor to obtain all necessary licenses from the Washington state liquor control board and adhere to their regulations, as well as all local ordinances, university rules, and regulations.

(11) No person may erect a tent or other shelter on university facilities or remain overnight on university facilities, including in a vehicle, trailer, tent, or other shelter, with the following exceptions:

(a) The use and occupancy of university housing in accordance with chapter 504-24 WAC;

(b) The use of facilities by a university employee or agent who remains overnight to fulfill the responsibilities of his or her position;

(c) The use of facilities by a university student who remains overnight to fulfill the responsibilities of his or her course of study;

(d) The use of facilities where overnight stays are specifically permitted in identified locations for attendees at special events designated by the university, such as staying in the RV lots during home football games, commencement, and special weekends.

(12) Signs and posters and visual displays may be placed only at those locations authorized under, and in accordance with the restrictions of WAC 504-34-140.

(13) Handbills, leaflets, pamphlets, flyers, and similar materials may be distributed only in accordance with WAC 504-34-140.

(14) Animals are not allowed in or on university facilities, except in accordance with WAC 504-36-020.

(15) Smoking is not allowed in or on university facilities, except in accordance with chapter 70.160 RCW.

(16) Mopeds, Segweys, skateboards, roller skates, roller blades, bicycles, and similar personal transportation devices may be used on campus only as allowed by WAC 504-14-250, 504-14-930, 504-15-250, 504-15-930, 504-19-250, and 504-19-930.

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NEW SECTION
WAC 504-35-050   Private or commercial enterprise or charitable use.   (1) University facilities may not be used for private or commercial gain, including: Commercial advertising; solicitation and merchandising of any food, goods, wares, service, or merchandise of any nature whatsoever; or any other form of sales or promotional activity; except that commercial activity is allowable:

(a) If the campus use committee has determined that the commercial activity or use will serve an educational or public service purpose related to the university's mission;

(b) By special permission granted by the university president, or designee, if an agreement, lease, or other formal arrangement is entered into between the university and the person, corporation, or other entity desiring to engage in commercial activity;

(c) To the extent it represents the regular advertising, promotional, or sponsorship activities carried on, by, or in any university media, The Daily Evergreen, or at NCAA athletic events;

(d) In designated areas of each residence hall when related to the university's mission and approved by the university president, the vice-president for student affairs, or such other person as may be designated by the university president; and

(e) If the university purchasing department has authorized vendor representatives to solicit university departments, colleges, or business units, and where those representatives have appropriate university identification.

(2) University facilities may not be used by faculty or staff in connection with compensated outside service, with the following exceptions:

(a) Faculty or staff may use university facilities that are generally available to the public on the same basis, including payment of the same fees, as may other private citizens; and

(b) Faculty may make private use of facilities to encourage basic and applied research in accordance with the provisions of the university policy adopted pursuant to RCW 42.52.220.

(3) University facilities may not be used to benefit a charitable organization, with the following exceptions:

(a) Charities that are licensed in the state of Washington may use university facilities that are generally available to the public on the same basis, including payment of the same fees, as may private citizens;

(b) Charities that are licensed in the state of Washington may use facilities without charge by special permission granted by the university president, or designee, or the vice-president for business and finance where the university has determined that the charitable activity or use will serve an educational or public service purpose related to the university's mission and an agreement, lease, or other formal arrangement is entered into between the university and the person, corporation, or other entity desiring to engage in a charitable event; and

(c) Student government organizations, registered student organizations, and university units that have followed university policies and procedures to conduct fund-raising activities and have adhered to all scheduling requirements and other university policies.

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NEW SECTION
WAC 504-35-070   Outdoor dances, concerts, carnivals and fairs.   Street dances, outdoor concerts, carnivals, or fairs may be held at approved locations when sponsored by student governments or registered student organizations on days and at times approved by the office delegated oversight responsibility for student government organizations and registered student organizations on each campus, following consultation with appropriate university departments.

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NEW SECTION
WAC 504-35-080   Parades.   Permits for parades on university streets and roads on the Pullman campus may be obtained upon approval of the university chief of police. Permits for parades on university streets and roads at the Vancouver, Spokane, and Tri-Cities campuses may be obtained upon the approval of the person identified by the university, as set forth on the list of approving authorities available from the office of business and finance at the Pullman campus or by going on-line to the campus use committee web site. The web site can be found by accessing the university's web site at: http://www.wsu.edu/.

Parades must be scheduled so as not to interfere with rush-hour traffic or with university events or activities.

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NEW SECTION
WAC 504-35-150   Administrative control -- Trespass.   Individuals who violate these regulations will be advised of the specific nature of violation. If they persist in the violation, they may be directed by a university official, university public safety or security officer, or any other public safety officer acting under the authority of a mutual aid agreement, to leave the university property. Such a direction withdraws the license or privilege to enter onto or remain upon an identified portion of, or all, university facilities by the individual told to leave. Persons who fail to heed the direction to leave university facilities, or who enter onto such facilities in violation of such direction, may be arrested under the provisions of chapter 9A.52 RCW. If the no trespass order is given for only one portion of campus for only a single day, the decision is not subject to appeal.

Individuals directed to leave university facilities for more than a single day may appeal that decision by submitting to the vice-president for business and finance, or such other person as the university president may designate, by certified mail, return receipt requested, a letter stating the reasons the person should not be barred from university facilities. The vice-president for business and finance, or the person who has been designated by the university president, shall respond in writing within fifteen calendar days with a final decision of the university. Persons will continue to be barred from university property while their appeal is pending.

University students, faculty, and staff may only be ejected pursuant to this protocol where the duration of the ejection is for no more than a single day or where the ejection applies to a portion of university property that the student or employee does not need to access to perform his or her studies or work (e.g., a student may be ejected, using this protocol, from Martin Stadium during a football game or from Beasley Coliseum during an event).

Students, faculty, and staff who do not comply with these regulations will be reported to the appropriate university office or agency for action in accordance with established university policies. Such action may include a decision to permanently bar them from entering onto, or remaining upon, all or a portion of the university facilities. The authority to bar students from all or a portion of campus under this section is separate from, and in addition to, the authority of student conduct officers or conduct boards to bar students as a disciplinary sanction.

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OTS-1874.1


AMENDATORY SECTION(Amending Order 77-2, filed 8/3/77)

WAC 504-36-020   Control of ((pets)) animals.   (1) ((Pets)) Animals are not permitted in university buildings, except in facilities that are the site of university-authorized events, such as stock shows, horse shows, parades, or demonstrations at sporting events, where the animals are participants in said events, or as allowed by university housing policies.

(2) ((Pets)) Livestock and horses are not permitted on university property ((unless under immediate control of their owner)), except as allowed in subsection (3)(e) of this section. Other animals are not permitted on university property unless under immediate control of their keeper, except as otherwise allowed under this rule. "Keeper" includes an owner, handler, trainer, or any person responsible for the control of an animal. "Under control" means the restraint of an animal by means of a leash or other device that physically restrains the animal to the keeper's immediate proximity. An animal which is otherwise securely confined while in or upon any motor vehicle, including a trailer, is deemed to be under control.

(3) ((Pullman Ordinance B-292 is in effect on the Washington State University campus. Thus, pets that are picked up will be impounded at the city dog pound.)) The requirement that animals be under immediate control of their keeper does not apply to:

(a) A dog being exercised in any area designated by the university as leash optional;

(b) A dog undergoing training at a certified dog obedience class on the university campus and authorized by the dean of the college of veterinary medicine, the vice-president for business and finance, the president, or the president's designee;

(c) A dog while being exhibited in an organized dog show on university property;

(d) A dog trained to aid law enforcement officers while being used for law enforcement purposes or during demonstrations to illustrate the dog's capabilities; and

(e) An animal participating in a university-authorized event, such as a stock show, horse show, parade, extension or outreach event, or demonstrations at a sporting, teaching, or agricultural event.

(4) Any stray dog or other animal that is running loose on university property is subject to impound by local authorities in accordance with the municipal or county ordinances that apply to each campus.

(5) The keeper of any animal must remove for disposal any fecal matter deposited by the animal on university premises before the keeper leaves the area where the matter was deposited. This requirement does not apply to an individual who, by reason of disability, is unable to comply, or to individuals bringing animals to university-authorized events where arrangements have been made for the removal of fecal matter.

(6) This section does not apply to animals owned by the university or under its care, custody, and/or control.

(7) Subsection (1) of this section does not apply to trained guide dogs or service animals that are being used by persons with disability.

(8) The vice-president for business and finance, the president, the chancellor of a branch campus, or such other person as the president may designate, will waive subsection (1) of this section for guide dogs in training or service animals in training, provided that such animals are present on campus with trainers or handlers who have a demonstrated history of training such animals.

[Order 77-2, 504-36-020, filed 8/3/77; Order 3, 504-36-020, filed 8/5/71.]

Washington State Code Reviser's Office