WSR 09-24-110

PROPOSED RULES

COMMUNITY COLLEGES

OF SPOKANE

[ Filed December 2, 2009, 10:18 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR [09-19-097].

Title of Rule and Other Identifying Information: Amendment of WAC 132Q-07-030 Outside speakers, 132Q-07-040 Distribution of materials, 132Q-30-242 Discrimination and 132Q-30-246 Harassment.

Hearing Location(s): Community Colleges of Spokane board of trustees meeting held at the Institute for Extended Learning (IEL) Lodge, 3305 West Fort George Wright Drive, Spokane, WA, on January 15, 2010, at 8:30 a.m.

Date of Intended Adoption: February 16, 2010.

Submit Written Comments to: Anne Tucker, Community Colleges of Spokane, P.O. Box 6000, Mailstop 1009, Spokane, WA 99217-6000, e-mail atucker@ccs.spokane.edu, fax (509) 434-5025, by February 5, 2010.

Assistance for Persons with Disabilities: Contact Cheryl Churchill by February 5, 2010, (509) 434-5060.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: On September 15, 2009, the board of trustees of Washington State Community College District 17 (Community Colleges of Spokane) directed administration to amend WAC 132Q-07-030 Outside speakers, 132Q-07-040 Distribution of materials, 132Q-30-242 Discrimination and 132Q-30-246 Harassment in accordance with the terms of the agreed order settling the Sheeran vs. Shea First Amendment Rights suit filed in U.S. District Court, Eastern District of Washington.

Statutory Authority for Adoption: RCW 28B.50.140.

Statute Being Implemented: RCW 28B.50.140.

Rule is necessary because of state court decision, Sheeran v. Shay [Shea] First Amendment Rights suit.

Name of Proponent: Community Colleges of Spokane, public.

Name of Agency Personnel Responsible for Drafting: Anne Tucker, PIO, Suite 139, 501 North Riverpoint Boulevard, Spokane, WA 99202, (509) 434-5109; Implementation: Chief Student Services Officers: Terri McKenzie, Spokane Community College, Suite 105, Administration Building 50, 1810 North Greene Street, Spokane, WA, (509) 533-7015, or Alex Roberts, Spokane Falls Community College, SUB Building 17, 3410 West Fort George Wright Drive, Spokane, WA, (509) 533-3514, or Amy Lopes-Wasson, Institute for Extended Learning, Suite 245, 2917 West Fort George Wright Drive, Spokane, WA, (509) 279-6045; and Enforcement: College Presidents/CEO: Dr. Joe Dunlap, Spokane Community College, Suite 110, Administration Building 50, 1810 North Greene Street, Spokane, WA, (509) 533-7042, or Dr. Mark Palek, Spokane Falls Community College, Administration Building 17, 3410 West Fort George Wright Drive, Spokane, WA, (509) 533-3535, or Mr. Scott Morgan, Institute for Extended Learning, Suite 248, 2917 West Fort George Wright Drive, Spokane, WA, (509) 279-6040.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These rule changes only affect students enrolled at Community Colleges of Spokane.

A cost-benefit analysis is not required under RCW 34.05.328. This rule change makes no monetary change to cost or benefit.

November 23, 2009

Anne Tucker

Public Information Officer

OTS-2840.2


AMENDATORY SECTION(Amending WSR 07-10-042, filed 4/25/07, effective 6/25/07)

WAC 132Q-07-030   Outside speakers.   (1) Any recognized campus student organization may invite speakers on campus ((with the written approval of its advisor)), subject to provisions of this section.

(2) The appearance of an invited speaker on a campus does not represent an endorsement, either implicit or explicit, of views or opinions of the speaker by CCS, its students, its faculty, its college personnel, its administration or its board.

(3) The scheduling of speakers including, but not limited to, those expecting to use campus facilities, including notification of the identity of the speaker(s), time of the speech, the place of the speech and the manner in which the speech will be transmitted shall be made through the facilities scheduling office of the campus at which the speaker will appear((, with prior approval from the appropriate college student activities office)).

(4) If it is expected that an outside speaker is to be compensated with any institutional funds, the appropriate student activities office will be notified at least thirty days prior to the appearance of an invited speaker, at which time a personal services contract (available in the student activities office) must be completed with all particulars regarding speaker, time, place, etc., signed by the sponsoring organization's advisor, and filed with the student activities office. Exceptions to the thirty-day ruling may be made by the appropriate administrator.

(((5) The appropriate student activities office may require a question period or arrange to have views other than those of the invited speakers represented at the meeting, or at a subsequent meeting.))

[Statutory Authority: Chapter 28B.50 RCW. 07-10-042, 132Q-07-030, filed 4/25/07, effective 6/25/07. Statutory Authority: RCW 28B.50.140. 03-18-021, 132Q-07-030, filed 8/25/03, effective 9/25/03.]


AMENDATORY SECTION(Amending WSR 03-18-021, filed 8/25/03, effective 9/25/03)

WAC 132Q-07-040   Distribution of materials.   (1) Handbills, leaflets, newspapers, and similarly related material (including religious matter) distributed free of charge by any student, nonstudent, ((by)) member of a recognized student organization or ((by)) college personnel((,)) may be distributed upon a college campus ((with prior approval by the appropriate student center administrator)), provided that such distribution does not interfere with the free flow of vehicle or pedestrian traffic.

(2) Newspapers, leaflets, and similarly related materials offered for sale by any student or nonstudent person or organization may be distributed and sold only through the college book store as are other commercial forms of merchandise, subject to reasonable rules and regulations that may be imposed by the bookstore manager. Exceptions may be made by the appropriate vice-president or designee.

(3) ((All)) The organization or individual publishing and distributing handbills, leaflets, newspapers, and similarly related material (including religious matter) ((must bear identification as to the publishing agency and distributing organization or individual)) is encouraged but not required to include its or his/her name and contact information on the distributed material.

(4) Any distribution of the materials regulated in this section shall not be construed as endorsement of the same by the college or by the board of trustees of Community Colleges of Spokane.

[Statutory Authority: RCW 28B.50.140. 03-18-021, 132Q-07-040, filed 8/25/03, effective 9/25/03.]

OTS-2841.1


AMENDATORY SECTION(Amending WSR 07-10-042, filed 4/25/07, effective 6/25/07)

WAC 132Q-30-242   Discrimination.   Discrimination on the basis of race, national or ethnic origin, creed, age, sex, marital status, ((veteran's)) veteran status, sexual orientation((,)) or disability is prohibited in conformity with federal and state laws. Discrimination includes ((sexual or racial harassment which is defined as)) conduct that is severe, persistent or pervasive, and objectively offensive as to substantially disrupt or undermine a person's ability to participate in or to receive the benefits, services or opportunities of community colleges of Spokane and includes conduct that:

(1) Is sexually or racially motivated and has the purpose or effect of unreasonably interfering with a person's work or educational performance; and/or

(2) ((Creating)) Creates an intimidating, hostile, or offensive environment.

[Statutory Authority: Chapter 28B.50 RCW. 07-10-042, 132Q-30-242, filed 4/25/07, effective 6/25/07.]


AMENDATORY SECTION(Amending WSR 07-10-042, filed 4/25/07, effective 6/25/07)

WAC 132Q-30-246   Harassment.   Conduct by any means that is sufficiently severe, pervasive((,)) or persistent, and objectively offensive so as to threaten an individual or limit the individual's ability to work, study, or participate in the activities of the college.

[Statutory Authority: Chapter 28B.50 RCW. 07-10-042, 132Q-30-246, filed 4/25/07, effective 6/25/07.]

Washington State Code Reviser's Office