WSR 12-11-130

PROPOSED RULES

BELLEVUE COLLEGE


[ Filed May 23, 2012, 10:10 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 12-05-013.

Title of Rule and Other Identifying Information: WAC 132H-142-010 - 132H-142-080, first amendment activities for Community College District VIII.

Hearing Location(s): Bellevue College, Room B201A, 3000 Landerholm Circle S.E., Bellevue, WA 98007, on June 28, 2012, at 2:00 p.m. - 3:00 p.m.

Date of Intended Adoption: July 1, 2012.

Submit Written Comments to: Lisa Corcoran, 3000 Landerholm Circle S.E., Bellevue, WA 98007, e-mail lisa.corcoran@bellevuecollege.edu, fax (425) 564-2301, by June 5, 2012.

Assistance for Persons with Disabilities: Contact Sallee Hibbard by June 1, 2012, TTY (425) 564-4184 or (425) 564-2209.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposed changes is to clarify the existing WAC. The college is clarifying the use of college properties for first amendment activities and updating policy to reflect current practices. The revised structure also provides for a more logical sequencing of information to improve understanding of guidelines and the results of violations.

Reasons Supporting Proposal: The current Bellevue College WAC does not clearly define the penalties for violations, nor does it reflect current practice. The revised WAC will provide an accord between policy and practice.

Statutory Authority for Adoption: Chapter 34.05 RCW and RCW 28B.50.140.

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

Name of Proponent: Bellevue College, governmental.

Name of Agency Personnel Responsible for Drafting: Lisa Corcoran, Bellevue College, A100, (425) 564-2302; Implementation: Ray White, Bellevue College, B202, (425) 564-2446; and Enforcement: Tommy Vu, Bellevue College, K100, (425) 564-5710.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This policy does not impact small business.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Lisa Corcoran, 3000 Landerholm Circle S.E., Bellevue, WA 98007, phone (425) 564-2302, fax (425) 564-2261, e-mail lisa.corcoran@bellevuecollege.edu.

May 23, 2012

Lisa Corcoran

Rules Coordinator

OTS-4787.2


AMENDATORY SECTION(Amending WSR 05-07-069, filed 3/14/05, effective 4/14/05)

WAC 132H-142-015   Definitions.   For the purposes of this policy noncollege groups shall mean individuals, or combinations of individuals, who are not currently enrolled students or current employees of Bellevue Community College or who are not officially affiliated or associated with a recognized student organization or a recognized employee group of the college.

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

College facilities include all buildings, structures, grounds, office space and parking lots.

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

[Statutory Authority: RCW 28B.50.140. 05-07-069, 132H-142-015, filed 3/14/05, effective 4/14/05.]


AMENDATORY SECTION(Amending WSR 05-07-069, filed 3/14/05, effective 4/14/05)

WAC 132H-142-020   Statement of purpose.   Bellevue Community College District VIII is an educational institution 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 college. The public character of the college 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 college's buildings, facilities and grounds are dedicated and said buildings, facilities and grounds are not available for unrestricted use by noncollege groups. While said buildings, facilities and grounds are not available for unlimited use by college groups, it is recognized that Bellevue Community College students and employees should be accorded opportunity to utilize the facilities and grounds of the college to the fullest extent possible. The purpose of these time, place and manner regulations is to establish procedures and reasonable controls for the use of college facilities for both noncollege and college groups. It is intended to balance the college's responsibility to fulfill its mission as a state educational institution of Washington with the interests of noncollege groups or college groups who are interested in using the campus for purposes of constitutionally protected speech, assembly or expression. The college intends to open its facilities to noncollege groups to a lesser extent as set forth herein.

[Statutory Authority: RCW 28B.50.140. 05-07-069, 132H-142-020, filed 3/14/05, effective 4/14/05.]


NEW SECTION
WAC 132H-142-025   First amendment activities and protection of the college mission.   The college recognizes and supports the rights of groups and individuals to engage in first amendment activities. This policy shall be interpreted and construed to support such activities while simultaneously balancing the needs and interests of the college to fulfill its mission as a state educational institution of Washington.

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AMENDATORY SECTION(Amending WSR 05-07-069, filed 3/14/05, effective 4/14/05)

WAC 132H-142-030   Request for use of facilities.   Subject to the regulations and requirements of this policy, college or noncollege groups may use the campus limited forums for those activities protected by the first amendment. Examples of first amendment activities would include, but not necessarily be limited to, informational picketing, petition circulation, the distribution of information leaflets or pamphlets, speech-making, demonstrations, rallies, appearances of speakers in outdoor areas, mass protests, meetings to display group feelings or sentiments and/or other types of constitutionally protected assemblies to share information, perspective or viewpoints.

Noncollege groups that intend to be on campus to engage in first amendment activities (hereinafter "the event") ((shall)) are encouraged to provide notice to the ((campus public safety department)) student programs office no later than ((forty-eight)) twenty-four hours prior to the event along with the following information:

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

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

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

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

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

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

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

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

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

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

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

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 for the purposes of personal habitation.

Information may be distributed as long as it is not obscene or libelous or does not advocate or incite imminent 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 designed 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. To avoid excessive littering of the campus and/or greatly increased work requirements for college physical plant employees, groups are asked to cooperate with the college in limiting the distribution of information leaflets or pamphlets to the limited public forum site.

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

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

Such activities serve educational purposes of the college; and

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

The limited public forum used by the group should be cleaned up and left in its original condition and may be subject to inspection by a representative of the college after the event. Reasonable charges may be assessed against the sponsoring organization for the costs of extraordinary clean-up or for the repair of damaged property.

All fire, safety, sanitation or special regulations specified for the event are to be obeyed.

The college cannot and will not provide utility connections or hook-ups for purposes of first amendment activities conducted pursuant to this policy.

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

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

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

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

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

[Statutory Authority: RCW 28B.50.140. 05-07-069, 132H-142-030, filed 3/14/05, effective 4/14/05.]


AMENDATORY SECTION(Amending WSR 05-07-069, filed 3/14/05, effective 4/14/05)

WAC 132H-142-040   Additional requirements for noncollege groups.   The limited public forum may not be used on the same date as any previously scheduled college 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 college event or activity.

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 this policy.

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:

Building C courtyard area for groups less than thirty; and

Southern courtyard, just north of Carlson Theater if over thirty participants are expected.

[Statutory Authority: RCW 28B.50.140. 05-07-069, 132H-142-040, filed 3/14/05, effective 4/14/05.]


NEW SECTION
WAC 132H-142-075   Trespass.   Noncollege groups who violate these regulations will be advised of the specific nature of the violation, and if they persist in the violation, will be requested by the campus president or designee to leave the college property. Such a request will be deemed to withdraw the license or privilege to enter onto or remain upon any portion of the college facilities of the person or group of persons requested to leave, and subject such individuals to arrest under provisions of chapter 9A.52 RCW or municipal ordinance.

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.

Persons who violate a district policy or rule may have their license or privilege to be on district property revoked and be ordered to withdraw from and refrain from entering upon any district property. Remaining on or reentering district property after one's license or privilege to be on district property has been revoked shall constitute trespass and such individual shall be subject to arrest for criminal trespass.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 132H-142-080 First amendment activities and protection of the college mission.

Washington State Code Reviser's Office