WSR 13-08-033

PERMANENT RULES

WASHINGTON STATE UNIVERSITY


[ Filed March 27, 2013, 1:35 p.m. , effective April 27, 2013 ]


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

     Purpose: The university is adopting rules regarding conduct on campus that will be applicable to the university community.

     Statutory Authority for Adoption: RCW 28B.30.150.

      Adopted under notice filed as WSR 13-03-135 on January 23, 2013.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 2, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 2, Amended 0, Repealed 0.

     Date Adopted: March 22, 2013.

Ralph T. Jenks, Director

Procedures, Records, and Forms

and University Rules Coordinator

OTS-5141.2

Chapter 504-31 WAC

CONDUCT ON CAMPUS CODE


NEW SECTION
WAC 504-31-010   General policy.   It is the policy of Washington State University to support and promote each individual's right to express their views and opinions for or against actions or ideas in which the individual has an interest, to associate freely with others, and to assemble peacefully.

     The above rights exist in equal measure for each member of the university community. They exist regardless of the professional stature or rank of the individual and regardless of the degree of acceptability among others of the views or opinions advocated. Each individual has an obligation to respect the rights of all members of the university community.

     This rule shall be read and applied together with any other applicable university policies and rules, in the event of a conflict more specific provisions shall take precedence. WAC 504-35-150 shall apply to violations of this rule.

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NEW SECTION
WAC 504-31-020   Prohibited conduct.   In order to assure the above rights to all members of the university community and to maintain a peaceful atmosphere in which the university may continue to make its unique contribution to society, the following types of conduct are hereby prohibited on or in property either owned, controlled, or operated by the university which is used or set aside for university purposes, hereinafter referred to as the university campus:

     (1) Conduct that intentionally and substantially obstructs or disrupts teaching or freedom of movement or other lawful activities on the university campus;

     (2) Physical abuse of any person or conduct that unlawfully threatens imminent bodily harm or endangers the health or safety of any person on the university campus;

     (3) Malicious damage to or malicious misuse of university property, or the property of any person where such property is located on the university campus;

     (4) Refusal to comply with any lawful order to leave the university campus or any portion thereof;

     (5) Possession or use of firearms, explosives, dangerous chemicals or other dangerous weapons or instrumentalities on the university campus. This prohibition does not apply to possession of such items for authorized university purposes; possession of such items by authorized law enforcement officers; individuals who have obtained prior written approval from the university chief of police, president, or designee; or lawful possession of firearms by persons other than students in privately owned vehicles while on any university campus.

     (6) Unlawful possession, use, distribution, or manufacture of alcohol or controlled substances on the university campus or during university-sponsored activities;

     (7) Intentionally inciting others to engage immediately in any of the conduct prohibited herein, which incitement leads directly to such conduct. (Inciting is advocacy that prepares the group addressed for imminent action and steels it to the conduct prohibited herein.)

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