WSR 12-05-109

PROPOSED RULES

SEATTLE COMMUNITY COLLEGES


[ Filed February 22, 2012, 9:04 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 11-24-003.

Title of Rule and Other Identifying Information: First amendment time, place, and manner rules.

Hearing Location(s): Seattle Community Colleges, 1500 Harvard Avenue, Seattle, WA 98122, on March 27, at 3:00 p.m. to 4:30 p.m.

Date of Intended Adoption: April 12, 2012.

Submit Written Comments to: Heather Emlund, 1500 Harvard Avenue, Seattle, WA 98122, e-mail healther.emlund@seattlecolleges.edu, by March 20, 2012.

Assistance for Persons with Disabilities: Contact TTY (206) 934-2953.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The current time, place, and manner restrictions for first amendment activities on campus do not provide enough protection against disruption of the educational process. These rules would clarify that the agency is a limited forum and further delineate the time, place, and manner for students and nonstudents who wish to engage in protected speech on campus.

Reasons Supporting Proposal: The current time, place, and manner restrictions for first amendment activities do not provide enough protection against disruption of the educational process.

Statutory Authority for Adoption: RCW 28B.50.140(13).

Statute Being Implemented: RCW 28B.50.140(13).

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

Name of Proponent: Seattle Community College District VI, governmental.

Name of Agency Personnel Responsible for Drafting: Alan Ward, 1500 Harvard Avenue, Seattle, (206) 934-3811; Implementation and Enforcement: Kurt Buttleman, 1500 Harvard Avenue, Seattle, (206) 934-4111.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These proposed rules are not predicted to impose any costs on businesses in an industry.

A cost-benefit analysis is not required under RCW 34.05.328. Seattle Community College District VI is not required to provide a cost-benefit analysis under RCW 34.05.328 (5)(a).

February 21, 2012

Jill A. Wakefield

Chancellor

OTS-4605.1


AMENDATORY SECTION(Amending Order 44, Resolution No. 1984-22, filed 10/10/84)

WAC 132F-136-030   Limitation of use.   (1) 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, research, or public service programs.

(2) ((In general, the facilities of the)) College ((shall not)) facilities may be rented to((, or used by,)) private or commercial organizations or associations((, nor)) but shall ((the facilities)) not be rented to persons or organizations for conducting programs for private gain.

(3) ((College facilities may not be used for commercial sales, advertising, or promotional activities except when such activities clearly serve educational objectives (as in display of books of interest to the academic community or in the display or demonstration of technical or research equipment) and when they are conducted under the sponsorship or at the request of a college department, administrative office or student organization.

(4) College facilities may not be used for purposes of political campaigning by or for candidates who have filed for public office except for student-sponsored activities.

(5) Activities of commercial or political nature will not be approved if they involve the use of promotional signs or posters on buildings, trees, walls, or bulletin boards, or the distribution of samples outside rooms or facilities to which access has been granted.

(6))) College facilities are available to recognized student groups, subject to these general policies and to the rules and regulations of the college governing student affairs.

(((7) Handbills, leaflets, and similar materials except those which are commercial, obscene, or unlawful in character may be distributed only in designated areas on the campus where, and at times when, such distribution shall not interfere with the orderly administration of the college affairs or the free flow of traffic. Any distribution of materials as authorized by the designated administrative officer and regulated by established guidelines shall not be construed as support or approval of the content by the college community or the board of trustees.

(8) 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 appropriate administrative officer.

(9))) (4) No person or group may use or enter onto college facilities having in their possession firearms, even if licensed to do so, except commissioned police officers as prescribed by law.

(((10) The right of peaceful dissent within the college community shall be preserved. The college retains the right to insure the safety of individuals, the continuity of the educational process, and the protection of property. While peaceful dissent is acceptable, violence or disruptive behavior is an illegitimate means of dissent. Should any person, group or organization attempt to resolve differences by means of violence, the college and its officials need not negotiate while such methods are employed.

(11) Orderly picketing and other forms of peaceful dissent are protected activities on and about the college premises. 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.

(12) Peaceful picketing and other orderly demonstrations are permitted in public areas and other places set aside for public meetings in college buildings. 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.

(13))) (5) If a college facility abuts a public area or street, and if student activity, although on public property, unreasonably interferes with ingress and egress to college buildings, the college may choose to impose its own sanctions although remedies might be available through local law enforcement agencies.

[Statutory Authority: Chapter 28B.50 RCW. 84-21-031 (Order 44, Resolution No. 1984-22), 132F-136-030, filed 10/10/84; Order 35, 132F-136-030, filed 11/21/77; Order 26, 132F-136-030, filed 9/16/75; Order 3, 132F-136-030, filed 9/20/72.]

OTS-4625.1


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 132F-136-050 Trespass.

OTS-4606.1

Chapter 132F-142 WAC

USE OF FACILITIES FOR FIRST AMENDMENT ACTIVITIES


NEW SECTION
WAC 132F-142-010   Definitions.   (1) "College groups" shall mean individuals who are currently enrolled students or current employees of the Seattle community colleges or who are affiliated with a recognized student organization or a recognized employee group of the college.

(2) "College facilities" include all buildings, structures, grounds, office space and parking lots.

(3) "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.

(4) "First amendment activities" includes, but is not necessarily limited to, informational picketing, petition circulation, the distribution of informational 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.

(5) "Noncollege groups" shall mean individuals, or combinations of individuals, who are not currently enrolled students or current employees of the Seattle community colleges or who are not officially affiliated or associated with a recognized student organization or a recognized employee group of the college.

[]


NEW SECTION
WAC 132F-142-020   Statement of purpose.   The Seattle community colleges are educational institutions provided and maintained by the people of the state of Washington. College facilities are reserved primarily for educational use including, but not limited to, instruction, research, public assembly of college groups, student activities and other activities directly related to the educational mission of the colleges. The public character of the colleges does not grant to individuals an unlimited license to engage in activity which limits, interferes with, or otherwise disrupts the normal activities for and to which the colleges' facilities and grounds are dedicated. Accordingly, the colleges are designated public forums opened for the limited purposes recited herein and further subject to the time, place, and manner limitations and restrictions set forth in these rules.

The purpose of the time, place and manner regulations set forth in this policy is to establish procedures and reasonable controls for the use of college facilities for both college and noncollege groups. It is intended to balance the colleges' responsibility to fulfill their mission as state educational institutions of Washington with the interests of college groups and noncollege groups who are interested in using the campus for purposes of constitutionally protected speech, assembly or expression. The colleges recognize that college groups should be accorded the opportunity to utilize the facilities and grounds of the colleges to the fullest extent possible. The college intends to open its facilities to noncollege groups to a lesser extent as set forth herein.

[]


NEW SECTION
WAC 132F-142-030   Use of facilities.   (1) Subject to the regulations and requirements of this policy, both college and noncollege groups may use the campus limited forums for first amendment activities between the hours of 7:00 a.m. and 10:00 p.m. and the colleges and their campuses are not open to the public except during these times.

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

(3) Any sound amplification device may only be 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.

(4) College groups are encouraged to notify the campus public safety department no later than twenty-four 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.

(5) College group events shall not last longer than eight hours from beginning to end.

(6) All sites used for first amendment activities should be cleaned up and left in their original condition and may be subject to inspection by a representative of the college after the event. Reasonable charges may be assessed against the sponsoring organization for the costs of extraordinary clean-up or for the repair of damaged property.

(7) 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.

(8) The event must not be conducted in such a manner to 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.

(9) 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.

(10) There shall be no overnight camping on college facilities or grounds. Camping is defined to include sleeping, carrying on cooking activities, or storing personal belongings, for personal habitation, or the erection of tents or other shelters or structures used for purposes of personal habitation.

(11) College facilities may not be used for commercial sales, solicitations, advertising or promotional activities, unless:

(a) Such activities serve educational purposes of the college; and

(b) Such activities are under the sponsorship of a college department of office or officially chartered student club.

(12) The event must also be conducted in accordance with any other applicable college policies and regulations, local ordinances and state or federal laws.

[]


NEW SECTION
WAC 132F-142-040   Additional requirements for noncollege groups.   (1) College buildings, rooms, and athletic fields may be rented by noncollege groups in accordance with the college's facilities use policy. Noncollege groups may otherwise use college facilities as identified in those policies and rules.

(2) The college designates the following area(s) as the sole limited public forum area(s) for use by noncollege groups for first amendment activities on campus:

(a) Seattle Central Community College and Seattle Vocational Institute: That portion of the Broadway Edison building south plaza within the area delineated by the "Windcradle" aluminum art sculpture to the east, the eighteen-inch brick wall to the south, and the forty-four-inch brick wall to the west.

(b) North Seattle Community College: That portion of center court plaza area bounded on the south by the college center building, on the north by the fountain, on the east by the planting area, on the west by the walkway from the center court stairs. Blocking the center court stairs or walkway to the college center building is not allowed.

(c) South Seattle Community College: The plaza area between Olympic Hall and the clock tower.

(3) Noncollege groups that seek to use the campus limited forums to engage in first amendment activities shall provide notice to the campus public safety department no later than twenty-four hours prior to the event along with the following information:

(a) The name, address, and telephone number of the individual, group, entity, or organization sponsoring the event (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 type of sound amplification devices to be used in connection with the event, if any; and

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

(4) Noncollege group events shall not last longer than five hours from beginning to end.

[]


NEW SECTION
WAC 132F-142-050   Distribution of materials.   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. College groups may post information on bulletin boards, kiosks and other display areas designated for that purpose, and may distribute materials throughout the open areas of campus. Noncollege groups may distribute materials only at the site designated for noncollege groups.

[]


NEW SECTION
WAC 132F-142-070   Posting of a bond and hold harmless statement.   When using college buildings or athletic fields, an individual or organization may be required to post a bond and/or obtain insurance to protect the college against cost or other liability in accordance with the college's facility use policy. When the college grants permission to a college group or noncollege 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.

[]


NEW SECTION
WAC 132F-142-080   Trespass.   (1) Individuals who are not students or members of the faculty or staff and who violate the district's rules, whose conduct disrupts the orderly functioning of the college, or whose conduct threatens the safety, security, or welfare of its students, staff, or faculty will be advised of the specific nature of the violation, and if they persist in the violation, they will be requested by the campus president, or his or her designee, to leave the college property. Such a request will be deemed to prohibit the entry of, withdraw the license or privilege to enter onto or remain upon any portion of the college property by the person or group of persons requested to leave, and subject such individuals to arrest under the provisions of chapter 9A.52 RCW or Seattle Municipal Code 12A.08.040.

(2) Members of the college community (students, faculty, and staff) who do not comply with these regulations will be reported to the appropriate college office or agency for action in accord with established college policies.

(3) When the college revokes the license or privilege of any person to be on college property, temporarily or for a stated period of time, that person may file a request for review of the decision with the manager of campus security within ten days of receipt of the trespass notice. The request must contain the reasons why the individual disagrees with the trespass notice. The trespass notice will remain in effect during the pendency of any review period. The decision of the manager of campus security or designee will be the final decision of the college and should be issued within five work days.

[]

Washington State Code Reviser's Office