WSR 12-15-048

PROPOSED RULES

BELLINGHAM TECHNICAL COLLEGE


[ Filed July 16, 2012, 3:02 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 12-01-078.

Title of Rule and Other Identifying Information: Use of facilities for first amendment activities: Chapter 495B-140 WAC, Use of college facilities and chapter 495B-120 WAC, College code of conduct.

Hearing Location(s): Bellingham Technical College, College Services, Room 215, 3028 Lindbergh Avenue, Bellingham, WA 98248, on August 22, 2012, at 3:00 p.m.

Date of Intended Adoption: September 20, 2012.

Submit Written Comments to: Ronda Laughlin, 3028 Lindbergh Avenue, Bellingham, WA 98248, e-mail rlaughlin@btc.ctc.edu, fax (360) 752-7134, by August 16, 2012.

Assistance for Persons with Disabilities: Contact Mary Gerard by August 15, 2012, TTY (360) 752-8515 or (360) 752-8576.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To update wording to address first amendment activities and processes on the Bellingham Technical College campus by students, staff and visitors.

Reasons Supporting Proposal: See above.

Statutory Authority for Adoption: RCW 28B.50.130.

Statute Being Implemented: RCW 28B.50.130.

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

Name of Proponent: Bellingham Technical College, governmental.

Name of Agency Personnel Responsible for Drafting: Ronda Laughlin, College Services, Room 213, (360) 752-8334; Implementation and Enforcement: Debra Jones, College Services, Room, (360) 752-8313.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The amendments to this rule do not have an economic impact to small business.

A cost-benefit analysis is not required under RCW 34.05.328. There is [are] not [no] costs imposed with the amendments to this rule.

July 16, 2012

Patricia L. McKeown

President

OTS-4776.1


AMENDATORY SECTION(Amending WSR 11-04-016, filed 1/21/11, effective 2/21/11)

WAC 495B-120-010   Definitions.   The definitions set forth in this section apply throughout this chapter.

(1) "Board" means the board of trustees of Bellingham Technical College.

(2) "College" means Bellingham Technical College.

(3) "Alcohol" or "alcoholic beverages" means the definition of liquor as contained within RCW 66.04.010 as now law or hereinafter amended.

(4) "Drugs" means a narcotic drug as defined in RCW 69.50.101, a controlled substance as defined in RCW 69.50.201 through 69.50.212, or a legend drug as defined in RCW 69.41.010.

(5) "College facilities" ((means the real property controlled or operated by the college and includes all buildings and appurtenances affixed thereon or attached thereto)) includes all buildings, structures, grounds, office space and parking lots.

(6) "President" means the chief executive officer of the college appointed by the board of trustees.

(7) "Disciplinary officials" means the disciplinary committee as denominated in WAC 495B-120-170, the vice-president of student services, the vice-president of instruction, and the president.

(8) "Student" means a person who is enrolled at the college.

(9) "Disciplinary action" means the reprimand, disciplinary warning, probation, summary suspension, deferred suspension, suspension, or expulsion of a student under WAC 495B-120-120 for the violation of a rule adopted in this chapter.

[Statutory Authority: RCW 28B.50.130. 11-04-016, 495B-120-010, filed 1/21/11, effective 2/21/11. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. 93-05-018, 495B-120-010, filed 2/10/93, effective 3/13/93.]


AMENDATORY SECTION(Amending WSR 11-04-016, filed 1/21/11, effective 2/21/11)

WAC 495B-120-060   Free movement on campus.   The president is authorized to prohibit the entry of or to withdraw the privileges of any person or group of persons to enter onto or remain upon any portion of the college campus if he/she deems that an individual or a group of individuals disrupts the ingress or egress of others from the college facilities. The president may act through the vice-president of student services or any other person he/she may designate.

There shall be no overnight camping on college facilities or grounds. Camping is defined to include sleeping outside, sleeping in vehicles, 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: RCW 28B.50.130. 11-04-016, 495B-120-060, filed 1/21/11, effective 2/21/11. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. 93-05-018, 495B-120-060, filed 2/10/93, effective 3/13/93.]


AMENDATORY SECTION(Amending WSR 11-04-016, filed 1/21/11, effective 2/21/11)

WAC 495B-120-090   Campus speakers.   (1) Student organizations officially recognized by the college may invite speakers to the campus to address their own membership and other interested students and faculty if suitable space is available and there is no interference with the regularly scheduled program of the college. Although properly allowed by the college, the appearance of such speakers on the campus implies neither approval nor disapproval of them or their viewpoints. In case of speakers who are candidates for political office, equal opportunities shall be available to opposing candidates if desired by them. Speakers are subject to the normal considerations for law and order and to the specific limitations imposed by the state constitution regarding religious worship, exercise, or instruction on state property.

(2) In order to ensure an atmosphere of open exchange and to ensure that the educational objectives of the college are not obscured, the president, in a case attended by strong emotional feeling, may prescribe conditions for the conduct of the meeting including, but not limited to, the time, the manner, and the place for the conduct of such a meeting. Likewise, the president may require permission for comments and questions from the floor and/or may encourage the appearance of one or more additional speakers at a meeting or at a subsequent meeting so that other points of view may be expressed.

(3) ((A free speech area may be designated by the college president and can be reserved by student groups and student organizations through the office of the vice-president of student services.)) The college has designated an area as the sole limited public forum area for first amendment activities on campus. This area is identified in the college facilities use policy and may change from time to time as decided by the college president.

[Statutory Authority: RCW 28B.50.130. 11-04-016, 495B-120-090, filed 1/21/11, effective 2/21/11. Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. 93-05-018, 495B-120-090, filed 2/10/93, effective 3/13/93.]

OTS-4777.2


NEW SECTION
WAC 495B-140-005   Definitions.   (1) College groups shall mean individuals, or combination of individuals, who are currently enrolled students or current employees of Bellingham Technical College 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 college has chosen to open as places for expressive activities protected by the first amendment, subject to reasonable time, place, or manner restrictions. This area is identified in the college facilities use policy and may change from time to time as decided by the college president.

(4) Noncollege groups shall mean individuals, or combinations of individuals, who are not currently enrolled students or current employees of Bellingham Technical College or who are not officially affiliated or associated with a recognized student organization or a recognized employee group of the college.

(5) "Expressive activity" includes, but is not 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 assemblies to share information, perspective or viewpoints.

[]


AMENDATORY SECTION(Amending WSR 93-05-018, filed 2/10/93, effective 3/13/93)

WAC 495B-140-010   Use of college facilities.   Bellingham Technical College ((serves Whatcom County by providing continued educational opportunity for its citizens)) 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. In keeping with this general purpose, the college believes that facilities should be available for a variety of uses which are of benefit to the general public if such general uses do not interfere with the educational mission of the college. However, a state agency is under no obligation to make its public facilities available to the community for private purposes.

The purpose of the time, place, and manner restrictions 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 college's responsibility to fulfill its mission as a state educational institution 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 college recognizes that college groups should be accorded the opportunity to utilize the facilities and grounds of the college. The college intends to open its facilities to noncollege groups to a lesser extent as set forth herein.

[Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. 93-05-018, 495B-140-010, filed 2/10/93, effective 3/13/93.]


AMENDATORY SECTION(Amending WSR 93-05-018, filed 2/10/93, effective 3/13/93)

WAC 495B-140-020   Limitation of use to college activities.   (1) When allocating use of college facilities, the highest priority is always given to activities specifically related to the college's mission. No arrangements will be made that may interfere with or operate to the detriment of, the college's own teaching, research, or public service programs. In particular, college buildings, properties, and facilities, including those assigned to student programs, are used primarily for:

(a) The regularly established teaching, research, or public service activities of the college and its departments;

(b) Cultural, educational, or recreational activities of the students, faculty, or staff;

(c) Short courses, conferences, seminars, or similar events, conducted either in the public service or for the advancement of specific departmental professional interests, when arranged under the sponsorship of the college or its departments.

(d) Public events of a cultural or professional nature brought to the campus at the request of college departments or committees and presented with their active sponsorship and active participation;

(e) Activities or programs sponsored by educational institutions, by state or federal agencies, by charitable agencies or civic or community organizations whose activities are of widespread public service and of a character appropriate to the college.

(2) College facilities shall be assigned to student organizations for regular business meetings, social functions and for programs open to the public. Any recognized campus student organization may invite speakers from outside the college community. The appearance of an invited speaker on campus does not represent an endorsement by the college, its students, faculty, administration, or the board of trustees, implicitly or explicitly, of the speaker's views.

(3) Reasonable conditions may be imposed to regulate the timeliness of requests, to determine the appropriateness of space assigned, time of use, and to ((insure)) ensure the proper maintenance of the facilities. Subject to the same limitations, college facilities shall be made available for assignment to individuals or groups within the college community. Arrangements by both organizations and individuals must be made through the designated administrative officer. Allocation of space shall be made in accordance with college rules and on the basis of time, space, priority of request and the demonstrated needs of the applicant.

(4) The college may restrict an individual's or a group's use of college facilities if that person or group has, in the past, physically abused college facilities. Monetary charges may be imposed for damage or for any unusual costs for the use of facilities. The individual, group or organization requesting space will be required to state in advance the general purpose of any meeting.

[Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. 93-05-018, 495B-140-020, filed 2/10/93, effective 3/13/93.]


NEW SECTION
WAC 495B-140-035   Additional requirements for noncollege groups.   (1) College buildings and rooms may be rented by noncollege groups in accordance with the college's facilities policy. Noncollege groups may otherwise use college facilities as identified in this policy.

(2) 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 forty-eight 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");

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

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

(d) The nature and purpose of the event;

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

(f) Noncollege groups must have received a confirmation of the receipt of their notice.

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

(4) The college president or designee is authorized to make exceptions to the policies limiting use in the case of noncollege group events and/or activities.

[]


AMENDATORY SECTION(Amending WSR 93-05-018, filed 2/10/93, effective 3/13/93)

WAC 495B-140-040   General policies limiting use.   (1) 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 or forums.

(2) Religious groups shall not, under any circumstances, use the college facilities as a permanent meeting place. Use may be intermittent only.

(3) The college reserves the right to prohibit the use of college facilities by groups which restrict membership or participation in a manner inconsistent with the college's commitment to nondiscrimination as set forth in its written policies and rules.

(4) Activities of a political or commercial 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 the rooms or facilities to which access has been granted.

(5) These rules shall apply to ((recognized student)) college and noncollege groups using college facilities.

(6) ((Handbills, leaflets, and similar materials except those which are commercial, obscene, or unlawful may be distributed only in designated areas on the campus where, and at times when, such distribution will 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 shall not be construed as support or approval of the content by the college community or the board of trustees.

(7))) Use of audio amplifying equipment such as bullhorns, microphones, or loud speakers is not permitted ((only)). Exceptions can be made by college administration in locations and at times which will not interfere with the normal conduct of college affairs as determined by the appropriate administrative officer.

(((8))) (7) No person or group may use or enter onto college facilities having in their possession firearms or weapons, except as prescribed by law.

(((9))) (8) The right of peaceful dissent within the college community will be preserved. The college retains the right to take steps 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 not a legitimate 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.

(((10) Orderly picketing and other forms of peaceful dissent are protected activities on and about the college premises. However,)) (9) Interference with free passage of vehicles, cyclists, pedestrians, or other traffic 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 and is not permitted. The event must not create safety hazards or pose unreasonable safety risks to college students, employees, or invitees of the college.

(((11) 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),)) (10) Groups must obey ((or)) and comply with directions of the designated ((administrative officer)) college administrator or individual in charge of the meeting.

(((12))) (11) If a college facility abuts a public area or street, and if ((student)) group activity, although on public property, unreasonably interferes with ingress and egress to college buildings, or creates a disruption for the neighbors bordering the college, the college may choose to impose its own sanctions although remedies might also be available through local law enforcement agencies.

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

(13) College groups are asked to obtain authorization from the designated administrator no later than twenty-four hours in advance of an event.

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

(15) The college has designated an area as the sole limited public forum area for first amendment activities on campus. This area is identified in the college facilities use policy and may change from time to time as decided by the college president.

(16) All sites must 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 extraordinary costs including, but not limited to, clean-up, security, or for the repair or replacement of damaged property.

(17) 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.

(18) Subject to the regulations 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. throughout the year except during the following days of the year:

(a) The first week and the final exam week of each term;

(b) Advising day;

(c) Kickoff and convocation weeks, or in other words, the two weeks immediately preceding each quarter;

(d) Campus events.

(19) There shall be no overnight camping on college facilities or grounds. Camping is defined to include sleeping outside, sleeping in vehicles, 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.

(20) 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 or office or officially chartered student club.

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

(22) The college president or designee is authorized to make exceptions to the policies limiting use in the case of college sponsored events and/or instructional activities.

[Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. 93-05-018, 495B-140-040, filed 2/10/93, effective 3/13/93.]


NEW SECTION
WAC 495B-140-045   Distribution of materials.   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 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 and as authorized by the college. Any distribution of materials as authorized by the designated administrative officer shall not be construed as support or approval of the content by the college community or the board of trustees.

[]


AMENDATORY SECTION(Amending WSR 93-05-018, filed 2/10/93, effective 3/13/93)

WAC 495B-140-060   Trespass.   (1) Individuals who are not students or members of the faculty or staff and who violate these rules will be advised of the specific nature of the violation, and if they persist in the violation, they will be requested by the president, or his or her designee, to leave the college property. Such a request prohibits the entry of and withdraws 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. Such persons shall be subject to arrest under the provisions of chapter 9A.52 RCW.

(2) Students who violate proscriptions within these regulations (chapter 495B-140 WAC) will be disciplined in accordance with the campus code of conduct (chapter 495B-120 WAC).

(3) Faculty and staff who violate proscriptions within these regulations (chapter 495B-140 WAC) will be disciplined in accordance with established college policies.

(4) 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 accordance with these rules.

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

(6) There shall be no overnight camping on college facilities or grounds, including off-campus facilities owned or leased by the college. Camping is defined to include sleeping, sleeping in a vehicle, carrying on cooking activities, or storing personal belongings for personal habitation, or the erection of tents or other shelters or structures used for the purpose of personal habitation. However, the college president or designee is authorized to make exceptions in the case of college sponsored events and/or instructional activities.

[Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. 93-05-018, 495B-140-060, filed 2/10/93, effective 3/13/93.]


AMENDATORY SECTION(Amending WSR 93-05-018, filed 2/10/93, effective 3/13/93)

WAC 495B-140-090   Basis of fee assessment.   (1) The basis for establishing and charging use fees reflects the college's assessment of the present market, the cost of operations, and an evaluation of the intended purpose and its relationship to the purposes of this college. The board of trustees has determined that groups or organizations affiliated with the college should be permitted access to facilities at the lowest charge on the fee schedule which may include complimentary use. A current fee schedule is available to interested persons from the business office.

(2) The college does not wish to compete with private enterprise. Therefore, the college reserves the right to deny applications for facility use when the administration and/or the board of trustees feel((s)) a commercial facility should be patronized. At no time will facility use be granted for a commercial activity at a rental rate, or upon terms, less than the full and fair rental value of premises used.

[Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. 93-05-018, 495B-140-090, filed 2/10/93, effective 3/13/93.]


NEW SECTION
WAC 495B-140-105   Posting of a bond and hold harmless statement.   When using college facilities and grounds, 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 injuries, loss, or damage.

[]

Washington State Code Reviser's Office