WASHINGTON STATE UNIVERSITY

The university believes that freedom of expression is an indispensable quality of university life, and that active participation in political and social expression both enhances the education of the individual and contributes to the betterment of society. The university is committed to respecting and promoting the rights afforded by the first amendment to the Constitution of the United States, including the right to free speech, petition, and assembly.

The university further recognizes that it has an obligation to maintain an atmosphere that allows it to carry out its broad missions of teaching, research, and public service in the course of the normal operations of the university.

To achieve the objectives of chapter 504-33 WAC, it is essential that free expression be accomplished in a manner that allows for the orderly function of normal university operations. Thus, the purpose of the time, place, and manner regulations set forth in chapter 504-33 WAC is to promote opportunities for exercise of the rights protected by the first amendment to the Constitution of the United States on the university campus and to ensure that these activities do not interfere with the furtherance of the university's mission-related responsibilities for which the university's buildings, facilities, and grounds are dedicated by the state of Washington.

(1) "Nonuniversity group or individual," for the purposes of this policy, means a collection of individuals that is neither a university affiliate, a registered student organization, nor a recognized employee group. The term also includes the individual members of these groups, when acting on behalf of the group, and individuals who are not currently enrolled students, current university employees, or employees of a university affiliate.

(2) "University group or individual," for purposes of this policy, means registered student organizations as defined in WAC 504-28-010, or a recognized employee group of the university, and also encompasses the individual members of these groups when acting on behalf of the group. The term also includes individuals who are currently enrolled students or current employees.

(3) "University affiliates" or "affiliated entities" means those entities that have formal relationships with the university and also encompass those entities' officers, agents, and employees. The terms include, but are not limited to, the university foundation, the university research foundation, the office of the attorney general, the 4-H foundation, and the United States Department of Agriculture—Agricultural Research Service. ((A list of affiliated entities is available on the campus use committee web site. The web site can be found by accessing the university's web site at: http://www.wsu.edu/.))

(4) "Limited public forum areas" means those areas of each campus ((that the university has chosen to be open)) available as places for expressive activities protected by the first amendment, subject to reasonable time, place ((or)), and manner restrictions.

(((a) At the Pullman)) At each university campus, the ((designated)) limited public forum areas are((:

(e) In addition to the public forum areas identified herein, the chancellors of the Spokane, Tri-Cities, and Vancouver campuses and the university president may designate additional areas of the campuses under their authority as public forums. Such additional public forum areas shall be set forth in the university's business policies and procedures manual)) all university facilities, with the exception of the interior or immediate vicinity of university facilities used to support university research, academic instruction, or health services.

(5) "First amendment activities" refers to any activity protected by the first amendment to the Constitution of the United States. Such first amendment activities may include, but are not necessarily limited to, informational picketing, petition circulation, the distribution of information leaflets or pamphlets, speech-making, demonstrations, rallies, appearances of speakers in outdoor areas, protests, meetings to display group feelings or sentiments ((and/or)), and other types of constitutionally protected assemblies to share information, perspective, or viewpoints.

((Subject to the regulations and requirements of this policy, university and nonuniversity groups)) (1) Groups and individuals may use the university's limited public forum areas for those activities protected by the first amendment((.

(1) Notice to use the limited public forum areas is to be provided)) to the Constitution of the United States, subject to the requirements set forth in chapter 504-33 WAC.

(2) Notice. The group or individual desiring to use a limited public forum area to engage in first amendment activities is requested to provide notice of the intended use of the desired limited public forum area as follows:

(a) At the Pullman campus((:

(i))), notice to the campus police((; and

(ii) For requests to use the Glenn Terrell Mall, to the scheduling office)).

(b) At the Spokane campus, notice to:

(i) ((To)) The campus office of student affairs; and

(ii) ((To)) The campus security office.

(c) At the Tri-Cities campus, notice to:

(i) ((To)) The campus office of student affairs; and

(ii) ((To)) The campus security office.

(d) At the Vancouver campus, notice to:

(i) ((To)) The campus office of ((business affairs)) finance and operations; and

(ii) ((To)) The campus ((security office)) police.

(3) Content of notice. The notice ((to use the)) of use of a limited public forum area((s)) for first amendment activities is to contain:

(a) The contact information for the group or individual that will conduct the event, including group name, contact person name, address, e-mail address, and telephone number ((of the individual, group, entity, or organization sponsoring the event or use (hereinafter "the sponsoring organization"); and

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

(d))) limited public forum area to be used for the first amendment activities; and

(c) The nature and purpose of the ((event)) first amendment activities; and

(((e))) (d) The estimated number of people expected to ((participate in the event)) attend the first amendment activities, both as participants and as spectators.

(1) The use of a limited public forum ((may not be used on the same date as any previously scheduled university event or activity at the site (aside from regularly scheduled classes) where it is reasonably anticipated that more than five hundred people will attend the university event or activity)) area must comply with all requirements of WAC 504-35-030.

(2) Duration of events. In order to allow for the expression of a wide range of viewpoints and to allow the utilization of university facilities for a wide range of purposes, the use of a limited public forum area for first amendment activities may not continue for longer than five calendar days from beginning to end.

(7) Where more than five hundred people are expected to attend an event in Martin Stadium or Beasley Coliseum, or on the days of any football or basketball game, the following restrictions apply to uses of limited public forum areas for first amendment activities:

(a) The sidewalks and other outdoor areas and streets adjacent to Martin Stadium may not be used for first amendment activities during the ((three-hour)) period ((preceding)) beginning three hours prior to a football game or other event at Martin Stadium ((until)) and ending two hours after the game or event has ended, except that sidewalks opposite ((the)) Martin Stadium may continue to be used for first amendment activities during these time periods, so long as the first amendment activities do not unduly interfere with the flow of pedestrian or vehicular traffic. Where the ((free speech activity is)) first amendment activities are expected to ((draw a crowd of)) include more than fifty total people as participants and spectators, the Glenn Terrell Mall may not be used for first amendment activities during these time periods.

(b) The sidewalks and other outdoor areas and streets adjacent to Beasley Coliseum may not be used for first amendment activities during the ((two-hour)) period ((preceding)) beginning two hours prior to the start of a game or other event at Beasley Coliseum ((until)) and ending two hours after the game or event has ended, except that sidewalks opposite ((the)) Beasley Coliseum may continue to be used for first amendment activities during these time periods, so long as the activities do not unduly interfere with the flow of pedestrian or vehicular traffic.

Nonuniversity groups and individuals may use the university's limited public forum areas for those activities protected by the first amendment to the Constitution of the United States, subject to the requirements set forth in chapter 504-33 WAC, with the exception of the interior or immediate vicinity of any university facility used to support university research, academic instruction, or health services, unless:

(1) Use of the interior or immediate vicinity of the university facility is authorized by the university president or his or her designee (as to the Pullman campus), or the applicable chancellor of the Spokane, Tri-Cities, or Vancouver campuses or his or her designee (as to such campuses); and

(2) Notice is provided five business days prior to the intended use of the desired limited public forum area, in accordance with WAC 504-33-025 (2) and (3).

(a) The university president or his or her designee((; any university vice-president; the chancellors)) (as to the Pullman campus), or each chancellor of the Spokane, Tri-Cities, or Vancouver campuses or his or her designee((s; or the designee of the vice-president for business and finance may authorize first amendment activities which are reasonably determined not to disrupt university activities, despite a literal violation of this policy statement. Such determinations will be made without consideration of the content or message of the first amendment activities.)) (as to such campuses) may, but are not required to, make reasonable exceptions to the policy set forth in chapter 504-33 WAC, provided he or she determines, after reasonable inquiry, that:

(2) Termination, limitation of license. The university president or his or her designee((; any university vice-president; the chancellors)) (as to the Pullman campus), or each chancellor of the Spokane, Tri-Cities, or Vancouver campuses or ((designees; or the designee of the vice-president for business and finance may, at any time,)) his or her designee (as to such campuses), may limit, terminate, cancel, relocate, or prohibit the use of ((facilities if the event is disrupting normal university functions. Any of these individuals may refuse to allow a proposed use of facilities if they)) a limited public forum area for first amendment activities, if he or she determines, after reasonable inquiry, that ((the use or event cannot be conducted without disrupting normal)) such action is reasonably necessary to prevent or stop:

(c) Substantial disruption of university functions or operations. ((Such))

(3) Any determinations ((will)) made under subsections (1) or (2) of this section are to be made without consideration of the content or message of the ((first amendment)) expressive activities.