WSR 12-12-010

PERMANENT RULES

SEATTLE COMMUNITY COLLEGES


[ Filed May 24, 2012, 11:54 a.m. , effective June 24, 2012 ]


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

Purpose: This permanent rule is in response to an emergency no camping rule the district filed on November 23, 2012 [2011]. The Seattle and King County environmental health services division found a number of health and safety concerns at the Occupy Seattle encampment at Seattle Central Community College. These included foodborne illness risk factors, communicable disease risks in an area adjacent to a child care facility, including animal defecation and urination, rodent activity and syringes and needles on the ground. The report also cited to drug dealing and illicit drug use. There had also been reported use of alcohol in the camp and urination and defecation adjacent to the camp. This overcrowded and unsanitary camp required an emergency rules [rule] to protect the public health, safety, and general welfare of the college community and the inhabitants of Occupy Seattle. This permanent rule prohibits overnight camping, provides hours of operation, and provides due process to the district's trespass rule.

Citation of Existing Rules Affected by this Order: Amending WAC 132F-136-030 and 132F-136-050.

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

Adopted under notice filed as WSR 12-05-109 on February 22, 2012.

Changes Other than Editing from Proposed to Adopted Version: The agency is not amending or repealing WAC 132F-136-030 (2) through (12) in response to comments at the rule-making hearings. The agency is not adopting WAC 132F-142-020 and 132F-142-030 (2) through (9), (11) and (12) in response to comments at the rule-making hearings. These permanent rules are being recodified in chapter 132F-136 WAC. The district is changing the hours of operation from 7:00 a.m. to 10:00 p.m. to 6:00 a.m. to 10:00 p.m. and removed the word welfare from WAC 132F-136-050 in response to concerns voiced by the ACLU.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

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

Date Adopted: May 17, 2012.

Jill A. Wakefield, Chancellor

Seattle Community College

District VI

OTS-4605.3


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 be rented to, or used by, private or commercial organizations or associations, nor shall the facilities be rented to persons or organizations 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) 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) 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.

(14) College and noncollege groups may use the campus for first amendment activities between the hours of 6:00 a.m. and 10:00 p.m. and the colleges and their campuses are not open to the public except during these times.

(15) 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.

[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-4625.3


AMENDATORY SECTION(Amending Order 38, filed 5/27/81)

WAC 132F-136-050   Trespass.   (1) Individuals who are not students or members of the faculty or staff and who violate ((these regulations 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 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 facilities by the person or group of persons requested to leave, and subject such individuals to arrest under the provisions of chapter 9A.52 RCW.)) the district's rules, or whose conduct threatens the safety or security 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) ((Persons who violate or are in violation of a district policy 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.)) 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.

[Statutory Authority: RCW 28B.19.030 and 28B.50.140. 81-12-008 (Order 38), 132F-136-050, filed 5/27/81; Order 35, 132F-136-050, filed 11/21/77; Order 26, 132F-136-050, filed 9/16/75; Order 3, 132F-136-050, filed 9/20/72.]

Washington State Code Reviser's Office