WSR 14-19-120 PROPOSED RULES EASTERN WASHINGTON UNIVERSITY [Filed September 17, 2014, 10:02 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-15-094.
Title of Rule and Other Identifying Information: Revising chapter 172-64 WAC, Alcohol policy at Eastern Washington University, to update rules and associated procedures related to the use of alcohol on property owned or controlled by Eastern Washington University.
Hearing Location(s): Eastern Washington University, Main Campus, Showalter Hall, Room 201, Cheney, Washington 99004, on November 5, 2014, at 11:00 a.m.
Date of Intended Adoption: November 21, 2014.
Submit Written Comments to: University Policy Administrator, 214 Showalter Hall, Cheney, WA 99004, e-mail tlutey@ewu.edu, fax (509) 359-7036, by November 4, 2014.
Assistance for Persons with Disabilities: Contact Trent Lutey by November 4, 2014, (509) 359-6322.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These revisions are needed to update university standards and processes concerning the use of alcohol on property owned or controlled by Eastern Washington University. These changes are needed to update existing rules in order to better comply with state laws and to better reflect current practice.
Statutory Authority for Adoption: RCW 28B.35.120(12).
Statute Being Implemented: Not applicable.
Rule is not necessitated by federal law, federal or state court decision.
Name of Agency Personnel Responsible for Drafting: Trent Lutey, 214 Showalter, Cheney, WA 99004, (509) 359-6322; Implementation and Enforcement: Laurie Connelly, 214 Showalter, Cheney, WA 99004, (509) 359-2371.
No small business economic impact statement has been prepared under chapter 19.85 RCW. WAC revision does not impose a disproportionate impact on small businesses.
A cost-benefit analysis is not required under RCW 34.05.328. Chapter 172-121 WAC is not considered a significant legislative rule by Eastern Washington University.
September 17, 2014
Trent Lutey
University Policy Administrator
AMENDATORY SECTION (Amending WSR 03-18-070, filed 8/29/03, effective 9/29/03)
WAC 172-64-010 ((Statement of purpose.)) Policy.
((The purpose of this policy is to further the university mission by creating a safe environment for student learning. To accomplish this, the university will support the enforcement of federal, state, and local laws, as well as its own alcohol and drug policies and procedures. The university will also encourage university functions in a controlled environment that reduces risk and creates positive experiences. This policy recognizes community standards of responsibility and accountability in the use of alcohol and the expectation that individuals have a right to learn, to work, and to live free from the disruptions and consequences of alcohol abuse by others. It is the responsibility of every member of the university community to know the risks associated with the use and abuse of alcohol and to assist the university, its faculty, staff, administrators, and students in creating an environment that promotes health-enhancing attitudes and activities.)) Alcoholic beverages may be possessed, sold, served, and/or consumed on university owned or operated property and/or at university sponsored events and activities only as provided for in this chapter.
Members of the university community are responsible for complying with these rules as well as all state laws regarding the use, possession and/or distribution of alcohol.
The university will respond to reported or suspected violations of these rules and take appropriate action, up to and including referral to law enforcement agencies for criminal prosecution.
University employees, students, and student organizations are subject to disciplinary action for violations of these rules and associated state laws, local ordinances, and university policies.
AMENDATORY SECTION (Amending WSR 03-18-070, filed 8/29/03, effective 9/29/03)
WAC 172-64-020 ((Introduction.)) Alcohol use in university residence halls.
((At Eastern Washington University, diversity of opinion and freedom of choice involves the exercise of personal responsibility that includes the obligation to make sound judgments regarding the use of alcohol. This alcohol policy was developed by a community-wide committee of faculty, administrators, students, and Cheney and Spokane community members as a reasonable set of standards to enhance a positive campus environment. These rules and regulations are an important and necessary part of the overall commitment of a comprehensive alcohol education program at EWU. In addition to these guidelines, the most important factor in the reduction of alcohol-related problems is the human capacity to act responsibly. Therefore, the university has an expectation that individuals and groups know and understand the risk and liability associated with the consumption of alcoholic beverages.)) (1) Applicability. This section establishes rules for alcoholic beverages in residence halls that are owned or operated by Eastern Washington University.
(2) General policy. Persons, who are at least twenty-one years old, may possess and consume alcoholic beverages in the privacy of individual residence hall rooms subject to the requirements of this section.
(3) Restrictions.
(a) Consumption of alcoholic beverages is prohibited in any areas of residence halls outside of individual rooms including, but not limited to, hallways, entrances, corridors, lounges, and reception areas.
(b) Doors to individual residence hall rooms must remain closed while alcohol is being consumed.
(c) Kegs, common source containers, and nonalcoholic brews such as "near beer" are prohibited.
(d) Selling or providing alcohol to minors is prohibited.
(e) Alcohol is prohibited in any residence hall room where any student living in the room is under twenty-one years old, regardless of whether the under-age student is present or not.
(f) Alcohol may not be consumed in any room where any person present is under twenty-one years old.
(g) Alcohol may not be consumed in any area designated as alcohol-free housing.
(h) Residents in Brewster Hall, who are at least twenty-one years old, may have alcohol in their individual room but not in their common room areas if any of their suitemates are under twenty-one.
(i) Vendors may not deliver alcohol to residence halls or any other campus area except as provided for in WAC 172-64-090.
(j) Alcohol must not be visible to the public when carried into a residence hall.
(k) Alcohol containers may not be used as decorative pieces in residence halls.
(l) Students shall comply with reasonable requests by university staff to provide identification, proof of age, and/or show contents of a container when requested.
(m) Possession and consumption of alcohol in the privacy of individual residence hall rooms must not infringe on the privacy and peace of other individuals.
(n) Residence hall or housing funds may not be used to purchase alcoholic beverages.
(4) Roommate preference. A student planning to live in a residence hall may indicate their preference for a roommate who drinks alcohol or one who does not. Whenever possible, such requests will be honored by university housing officials.
(5) Alcohol-free housing. Per RCW 28B.10.575, the university shall notify all students applying for student housing of the availability of housing where all alcoholic beverage use is prohibited. The university shall accommodate student requests for alcohol-free housing.
(6) Awareness.
(a) Each residence hall will hold a quarterly meeting for hall residents for the express purpose of discussing university rules regarding possession and consumption of alcohol.
(b) These rules, and related laws, ordinances, and university policies, will be conspicuously posted in each residence hall.
AMENDATORY SECTION (Amending WSR 03-18-070, filed 8/29/03, effective 9/29/03)
WAC 172-64-030 ((Policy statement.)) Alcohol use in private university residences.
((Eastern Washington University allows the legal use, possession, and distribution of alcohol on campus under the conditions stipulated in this policy and complies with and upholds all federal, state, and local laws that regulate or prohibit the possession, use, or distribution of alcohol. Violations of such laws that come to the attention of university officials will be addressed within the university or through prosecution in the courts, or both. All university faculty, staff, administrators, and students are hereby notified of the following standards of conduct that the university will apply to all activities conducted on university owned property and at university sponsored events. Furthermore, these standards will apply to all guests on university owned property and at university sponsored events. It is the responsibility of all members of the university community to familiarize themselves and their guests with relevant federal, state, and local laws as well as the following standards, procedures, and guidelines for the possession, use, and distribution of alcohol, and act accordingly.)) Persons of legal age may possess, consume, and/or serve alcohol inside university-owned buildings other than residence halls when the buildings are being used as private residence, such as university apartments and the University House.
AMENDATORY SECTION (Amending WSR 03-18-070, filed 8/29/03, effective 9/29/03)
WAC 172-64-040 ((Washington state law.)) Alcohol use at on- or off-campus events.
((Members of the university community are responsible for the observance of state and federal laws including those that apply to alcohol. Some of the laws most relevant to the university community are the following:
(1) It is unlawful:
(a) For anyone under twenty-one years of age to possess alcohol (RCW 66.44.270);
(b) To sell, purchase, deliver, or furnish alcohol, except a parent or legal guardian, to anyone under twenty-one years of age (RCW 66.44.270);
(c) To sell purchase, deliver, or furnish alcohol to an intoxicated person (RCW 66.44.200);
(d) To consume alcohol in a public place, exceptions defined in RCW 66.44.100;
(e) To misrepresent one's age to obtain alcohol (RCW 66.44.310);
(f) To drive under the influence of alcohol (RCW 46.61.502 and 46.61.503).
(2) Driving under the influence:
(a) It is unlawful to drive if your blood or breath alcohol concentration (BAC) meets or exceeds 0.08 percent or under the influence of drugs (RCW 46.61.502);
(b) It is unlawful to drive if alcohol has impaired your ability to drive safely, even if your BAC is under the legal limit (RCW 46.61.503);
(c) For a person under the age of twenty-one, it is unlawful to drive if your blood or BAC meets or exceeds 0.02 percent (RCW 46.61.503).
(3) Open container law:
(a) Alcoholic beverages may not be consumed in a vehicle nor be carried within reach of the driver or passengers. Open containers may be carried in a trunk or nonpassenger areas (not glove boxes). Does not apply to vehicles commercially chartered by groups or to the living quarters of motor homes or campers (RCW 66.44.100 and 46.61.519).)) (1) Applicability. This section establishes rules for possessing, consuming, selling, and/or serving alcoholic beverages:
(a) At events on university-owned or operated property, regardless of whether the event is sponsored by the university and regardless of whether event sponsors are affiliated with the university; and
(b) At off-campus events that are sponsored, in whole or in part, by the university.
(2) Sponsor requirements. Sponsors of an event, as described in subsection (1) of this section, where alcohol is to be possessed, sold, served and/or consumed, must comply with the following requirements:
(a) Obtain written permission from the appropriate official(s):
(i) Student clubs and organizations must obtain permission from the student activities office;
(ii) For all other requests, sponsors must obtain permission from the vice-president for business and finance or designee;
(b) Contact event planning to request a banquet permit or a special occasion license per WAC 172-64-070;
(c) Comply with all Washington state laws, chapter 172-64 WAC, all other university rules and policies; and any additional instructions provided to the event/activity sponsor as a condition of approval;
(d) Ensure Washington state alcohol serving requirements are enforced:
(i) Event sponsors must ensure that all persons designated to serve alcohol are at least twenty-one years old and have received alcohol server training.
(ii) Event sponsors must ensure that servers check ID and do not serve alcohol to any person who is under twenty-one years old or who appears intoxicated;
(e) Prohibit serving alcohol during normal, university business hours unless an exception has been granted as part of the request under (a) of this subsection;
(f) Prohibit persons from bringing alcoholic beverages into the event unless specifically authorized by the banquet permit or special occasion license;
(g) Prohibit persons from taking alcoholic beverages outside of the approved alcohol use area, except for beer/wine in the original unopened container that is sold or auctioned for off-premises consumption as specifically authorized by a special occasion license;
(h) Provide nonalcoholic beverages at the same place as alcoholic beverages and feature nonalcoholic beverages at least as prominently as alcoholic beverages; and
(i) For an event on university owned or operated property, inform university police of the event and consult with the university police about appropriate security measures as provided for in subsection (5) of this section.
(3) Publicity and advertising.
(a) Events conducted under a banquet permit are by invitation only and may not be advertised to the public.
(b) All announcements and advertisements concerning an event including, but not limited to, flyers, notices, posters, banners, tee-shirts and newspaper and radio announcements, must:
(i) Note the availability of nonalcoholic beverages at least as prominently as the availability of alcoholic beverages;
(ii) State that proper identification is required in order to be served or sold alcoholic beverages; and
(iii) Not make reference to the amount of alcoholic beverages available at the event.
(c) All announcements and advertisements, as well as any promotions of specific alcoholic beverage brands at the event:
(i) Must not make reference to any form of drinking contest. Drinking contests and similar activities which encourage the rapid and/or excessive consumption of alcoholic beverages are prohibited;
(ii) Must not portray drinking as a solution to personal or academic problems or as necessary to social, sexual, or academic success; and
(iii) Must not encourage any form of alcohol abuse or place emphasis on quantity or frequency of consumption.
(4) Gifts, awards, and rewards. Alcoholic beverages may not be provided as gifts or awards to any person as part of any event conducted under a special occasion license.
(5) Security measures. The university police shall determine appropriate security measures to be taken for on-campus events where alcohol is to be possessed, consumed, sold, and/or served. University police shall coordinate with the events' sponsor and appropriate university personnel to assist in compliance with state laws and university rules.
AMENDATORY SECTION (Amending WSR 03-18-070, filed 8/29/03, effective 9/29/03)
WAC 172-64-050 ((Locations where those of legal drinking age may possess, consume, or serve alcoholic beverages.)) Alcohol use during group field trips.
(((1) Inside individual rooms of residence halls, where all residents of the room are of legal drinking age (whether or not all residents are home), all present in the room are of legal drinking age, and the residence hall is not designated substance free and/or clean and sober.
(2) Inside fraternity and sorority facilities, in accordance with respective national organizational policies and university guidelines.
(3) Areas owned or controlled by the university, in accordance with the following guidelines for the use, possession, and sale of alcohol.)) (1) This section applies to the possession and consumption of alcoholic beverages by university employees and/or students when participating in a university sponsored or supported group field trip including, but not limited to, group attendance at conferences, conventions, seminars, training, etc.
(2) During a field trip, employees and students shall not:
(a) Possess or consume alcohol;
(b) Transport alcoholic beverages in any vehicle, including personal and rental vehicles, used in support of a field trip.
(3) Exceptions may be granted if the field trip involves attending a social function where the consumption of alcohol is a cultural expectation. Requests for exceptions must be made to the provost (for academic related events), or to the vice-president for business and finance (for all other events). For approved requests, participants must:
(a) Comply with all applicable local laws; and
(b) Comply with all additional requirements and/or instructions provided as a condition of the approval.
AMENDATORY SECTION (Amending WSR 03-18-070, filed 8/29/03, effective 9/29/03)
WAC 172-64-060 ((Guidelines for university recognized events serving alcohol.)) Sponsorship by alcohol manufacturers, distributors, and vendors.
((Any person or group of persons holding a function at a location where consumption of alcoholic beverages is permitted under the provisions of this policy shall abide by the following regulations in preparing for and conducting the function. Additional guidelines for serving and consumption of alcoholic beverages may be established by the person or group holding the function.
(1) Obtaining permission to serve alcohol.
(a) Written permission for a function sponsored by an individual or group, at which alcohol will be available, must be obtained from the president or his/her designee, along with a banquet permit application. Decisions regarding the approval or denial of permission to serve alcohol shall be made according to what is deemed to be in the best interest of the institution as expressed by the university mission statement and this policy's statement of purpose. Reasons for denial of a permit may include but are not limited to: Conflict with primary academic use of facilities; performance record of sponsors in prior events; or failure to satisfy guidelines.
(b) Such approved function shall be subject to the regulations set forth in this policy. Complete information on procedures to obtain permission is available at numerous locations on campus.
(c) Permission to serve or consume alcohol must be requested seven days prior to the event.
(2) Proof of age and access to alcohol.
(a) The person or group(s) holding the event must establish precautionary measures (check identification) at the function to ensure that alcoholic beverages are not served to persons under the legal drinking age or to persons who appear intoxicated.
(b) At the function, a person (or persons) over the legal drinking age must be designated as the server(s). It is the responsibility of the designated server(s) to enforce proof of age and access to alcohol regulations as outlined in the banquet permit application and this policy.
(c) The only alcoholic beverages that may be possessed or consumed at the function are those alcoholic beverages served at the function, and the alcoholic beverages must be consumed within the designated area in which the function is held.
(3) Alternative beverages. Nonalcoholic beverages must be available at the same place as the alcoholic beverages and featured as prominently as the alcoholic beverages.
(4) Security measures. The university police department shall, when informed of activities and events involving alcoholic beverages, determine appropriate security measures to be taken and coordinated with the events' sponsor and appropriate administrative staff of the university as may be necessary to assist in compliance with state laws and university regulations.
(5) Publicity and advertising.
(a) All announcement(s) or advertisement(s), including but not limited to flyer(s), notice(s), poster(s), banner(s), tee-shirts(s) and newspaper and radio announcement(s), concerning the function shall note the availability of nonalcoholic beverages as prominently as the availability of alcoholic beverages; and that proper identification is required in order to be served or sold alcoholic beverages; and must not make reference to the amount of alcoholic beverages available, as, for example, the number of kegs of beer available at the event; nor to any form of drinking contest.
(b) Advertising which promotes university events must not portray drinking as a solution to personal or academic problems or as necessary to social, sexual, or academic success.
(c) Promotion of alcoholic beverage brands at the activity must not encourage any form of alcohol abuse nor place emphasis on quantity and frequency of use.
(d) Alcoholic beverages, such as kegs or cases of beer, shall not be provided as free awards, prizes or rewards, to individual(s) or groups.
(6) Prohibition of drinking games. Drinking contests or any other activities which encourage the rapid and/or excessive consumption of alcoholic beverages shall not be permitted.)) University groups may accept donations of alcoholic beverages, funds, or other sponsorship from manufacturers, distributors, or vendors of alcoholic beverages, so long as such sponsorship is in compliance with state laws and regulations and has been approved by the vice-president for business and finance.
AMENDATORY SECTION (Amending WSR 03-18-070, filed 8/29/03, effective 9/29/03)
WAC 172-64-070 ((Guidelines for the selling of alcohol at university recognized events.)) Banquet permits and special occasion licenses.
(((1) Any function sponsored by faculty, staff, administrators, or students or a faculty, staff, administrator, or student group(s) at which alcoholic beverages are sold or served, whether or not the function is open to the public, may be held in those areas permitted under the provisions of this policy only after a banquet permit and written approval is obtained for such function from the president or his/her designee.
(2) Functions at which alcoholic beverages are sold shall include functions at which alcoholic beverages are served and for which an admission fee is charged, at which cups are sold, at which tickets are sold, at which cash or anything else of value is exchanged for alcoholic beverages, or at which donations are collected by the group, or members thereof, sponsoring the function. Functions open to the public shall be defined as those functions to which the general public has been invited through oral, written, or printed announcement(s), advertisement(s) or invitation(s).
(3) Consideration of all the policy guidelines already outlined must be presented when requesting permission to serve or sell alcohol.)) A banquet permit or a special occasion license must be obtained in order to permit alcoholic beverages to be possessed, sold, served, and/or consumed on university owned or operated property and/or at university-sponsored events and activities.
Banquet permits and special occasion licenses have specific rules concerning alcohol serving, sales (including raffles and gifts), event advertising, and related issues as contained in chapters 314-05 and 314-18 WAC.
Event organizers must contact EWU event planning to initiate the process for obtaining a banquet permit or special occasion license. Banquet permits and special occasion licenses are issued by the Washington state liquor control board.
AMENDATORY SECTION (Amending WSR 03-18-070, filed 8/29/03, effective 9/29/03)
WAC 172-64-080 ((Guidelines for university social events in conjunction with alcohol vendors.)) Application for a liquor license.
((Faculty, staff, administrator, or student group(s) may sponsor an activity involving a commercial off-campus vendor involved in the manufacture, distribution, or retail sales of alcoholic beverages. Sponsors of university events may invite vendors of alcoholic beverages to provide and/or sell alcoholic beverages for the event; however, vendors of alcoholic beverages cannot sponsor university activities. University groups(s) and organization(s) may involve the services of a vendor of alcoholic beverages under the following guidelines:
(1) The group(s) sponsoring the activity shall be responsible for all aspects of the activity, including all publicity and advertising.
(2) Advertising and publicity must reflect sole sponsorship of the event as being that of the group(s).
(3) Advertising or announcements (posters, banners, flyers, radio and newspaper advertisements, tee-shirts, etc.) may reflect a vendor's involvement, but must not indicate or convey sponsorship by the vendor.)) The board of trustees of Eastern Washington University approves the sale of alcohol on the premises of Eastern Washington University, and reserves the right to subsequently adopt rules and regulations governing the same.
The board of trustees delegates to the university president, or designee, the responsibility for investigating and establishing a program to implement the board's policy of permitting alcohol to be sold on campus. Such program may only be implemented with board approval.
AMENDATORY SECTION (Amending WSR 03-18-070, filed 8/29/03, effective 9/29/03)
WAC 172-64-090 ((Guidelines for off-campus events.)) Alcohol sales and delivery on university owned or operated property.
((University recognized events held off-campus, are expected to abide by the university alcohol policy guidelines for proof of age and access to alcohol; alternative beverages; publicity and advertising; and prohibition of drinking games, in addition to all applicable state laws and local ordinances. Faculty, staff, administrators, students, and their organizations are subject to disciplinary action by the university as it relates to violations of laws, ordinances, and university rules.)) Vendors may not sell and/or deliver alcohol on property owned or operated by the university except as is necessary to support a function that has obtained a banquet permit or a special occasion license, or for sales or deliveries to an on-campus entity or business holding a valid liquor license.
AMENDATORY SECTION (Amending WSR 03-18-070, filed 8/29/03, effective 9/29/03)
WAC 172-64-100 ((Guidelines for serving alcohol at nonuniversity sponsored events.)) University enforcement of alcohol policy.
((Any individual or group of individuals who are not affiliated with Eastern Washington University, who wish to use university property for an event (i.e., weddings, community group meetings, etc.), must comply with all state and local laws and with this policy.)) The university may take action under this chapter for any violations over which it has jurisdiction.
Violations of this chapter may also be violations of federal, state, or local laws. A person may face criminal and civil prosecution as well as university disciplinary action for violation of these regulations and/or related laws. University enforcement of this chapter may be carried out prior to, simultaneously with, or following civil or criminal proceedings in the courts.
(1) Student violations. Violations of these rules by students and/or recognized student organizations will be reported to the dean of students for possible action under the Student conduct code, chapter 172-121 WAC.
(2) Employee violations. Violations by university employees may result in disciplinary action, up to and including termination of employment, in accordance with applicable rules, collective bargaining agreements, and university policies.
(3) Guest violations. Guests who violate this chapter may be removed from campus or be given a notice against trespass.
REPEALER
The following sections of the Washington Administrative Code are repealed:
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