WSR 15-01-118
EXPEDITED RULES
CASCADIA COLLEGE
[Filed December 18, 2014, 2:04 p.m.]
Title of Rule and Other Identifying Information: WAC 132Z-140-010 Definitions, 132Z-140-020 Use of college facilities, 132Z-140-040 Policies limiting use, 132Z-140-090 Basis of fee assessment, and 132Z-140-100 Application procedures.
NOTICE
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Dede Gonzales, Cascadia College, 18345 Campus Way N.E., Bothell, WA 98011, AND RECEIVED BY February 23, 2015.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The college name changed and to be in compliance, the WACs needed to be changed. As a result, further review was done and additional housekeeping corrections were made.
Reasons Supporting Proposal: These changes are housekeeping in nature, correct titles, RCW numbers, and update discrimination statements, as well as change the college name.
Statutory Authority for Adoption: RCW 28B.50.140.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Cascadia College, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Dede Gonzales, Cascadia College, (425) 352-8252; and Enforcement: President Eric Murray, Cascadia College, (425) 352-8810.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The college has changed our name on numerous documents and it is necessary for our WACs to state the same.
December 18, 2014
Dede Gonzales
Executive Assistant
to the President
Rules Coordinator
AMENDATORY SECTION (Amending WSR 06-14-012, filed 6/23/06, effective 7/24/06)
WAC 132Z-140-010 Definitions.
The following terms shall have the following meaning within chapter 132Z-140 WAC, unless otherwise specified:
"Campus" shall mean the entire joint Cascadia College/University of Washington, Bothell campus;
"College" shall mean Cascadia ((Community)) College;
"College facilities" shall mean those parts of the joint Cascadia ((Community)) College/University of Washington, Bothell campus that are dedicated primarily to Cascadia ((Community)) College use, and shall include those campus buildings dedicated primarily to Cascadia ((Community)) College classrooms, laboratories, and administration, as well as the areas immediately surrounding those buildings((;
"Campus" shall mean the entire joint Cascadia Community College/University of Washington, Bothell campus)).
AMENDATORY SECTION (Amending WSR 06-14-012, filed 6/23/06, effective 7/24/06)
WAC 132Z-140-020 Use of college facilities.
Cascadia ((Community)) College provides continued educational opportunity for area citizens. In keeping with this general purpose, the college believes that facilities should be available for a variety of uses that 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. Reasonable time, place, and manner restrictions may be placed on the use of college facilities made available for public or private purposes.
AMENDATORY SECTION (Amending WSR 06-14-012, filed 6/23/06, effective 7/24/06)
WAC 132Z-140-040 Policies limiting use.
(1) College facilities may be used for purposes of political campaigning by or for candidates who have filed for public office, directed to members of the public, only when the full rental cost of the facility is paid. Use of state funds to pay for facility rental costs for political campaigns is prohibited. No person may solicit contributions on college property for political uses, except where this limitation conflicts with federal law regarding interference with the mails.
(2) Posters and samples may be posted or distributed only in designated areas of the campus, unless prior permission to post/distribute is obtained from the executive director of communications and marketing. Information on the location of designated poster/distribution areas may be obtained in the office of the executive director of communications and marketing.
(3) WAC 132Z-140-010 through 132Z-140-122 shall apply to recognized student groups using college facilities.
(4) Handbills, leaflets, and similar materials except those which are commercial, obscene, or unlawful may be distributed 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. Prior authorization must be obtained from the executive director of communications and marketing. Any distribution of materials as authorized by the executive director of communications and marketing shall not be construed as support or approval of the content by the college community or the board of trustees.
(5) 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 vice-president for ((finance and operations)) administrative services.
(6) The right of peaceful dissent within the college community will be preserved. While peaceful dissent is acceptable, violence or disruptive behavior is not a legitimate means of dissent. If any person, group, or organization attempts to resolve differences by means of violence, the college retains the right to take steps to protect the safety of individuals, the continuity of the educational process, and the property of the state.
(7) Orderly picketing and other forms of peaceful dissent are protected activities on and about the college premises when such premises are open to public use. 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.
(8) 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.
AMENDATORY SECTION (Amending WSR 06-14-012, filed 6/23/06, effective 7/24/06)
WAC 132Z-140-090 Basis of fee assessment.
(1) The basis for establishing and charging use fees reflects the college's assessment of the present market and 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 from the office of the vice-president for ((finance and operations)) administrative services.
(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 feels a commercial facility is equivalent to the college facility, is available for use, and 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.
AMENDATORY SECTION (Amending WSR 06-14-012, filed 6/23/06, effective 7/24/06)
WAC 132Z-140-100 Application procedures.
(1) At least seven working days prior to date of intended use of any college facility, an authorized representative of the requesting organization must submit a written application which may be obtained through the college's office of the vice-president for ((finance and operations)) administrative services. A single application may be sufficient for a series of meetings by an organization unless those meetings vary significantly in some substantive way; if so, separate applications will be required. The college may consider applications received on less than seven days' notice; however, the college cannot guarantee that such applications will be considered prior to seven days after submission.
(2) Upon approval of the application, an authorized representative of the using organization shall sign the rental agreement. By affixing a signature as representing the using organization, the signatory specifies he or she has authority to enter into agreement on behalf of the organization and if the organization fails to pay the amount due, the signatory becomes responsible for all charges which may include interest payment for overdue accounts as specified on the rental form but not less than one percent per month.
(3) The college may require an advance deposit of up to fifty percent, payable before approval of the application, for large events, events requiring expenditures on the part of the college, or events that require the college to block out significant areas for the renter.
(4) The college reserves the right to make pricing changes without prior notice.
(5) Use of a facility is limited to the facilities specified on the agreement.
(6) The priorities for facility use place primary emphasis on regular college events and activities. The college reserves the right to cancel any permit and refund any payments for use of college facilities and equipment when they deem such action advisable and in the college's best interests.
(7) If an applicant cancels a facility use permit, the applicant is liable for all college costs and expenses in preparing the facility for its use.
(8) Organizations using Cascadia ((Community)) College's facilities shall conduct all activities in accordance with applicable local, state, and federal laws including but not limited to the Americans with Disabilities Act, 42 U.S.C. §§ 12101-12213, the Rehabilitation Act of 1973, 29 U.S.C. § 794, Washington's law against discrimination, chapter 49.60 RCW, and all rules adopted by the board of trustees.