WSR 17-22-098
[Filed October 30, 2017, 1:03 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-17-116.
Title of Rule and Other Identifying Information: Amending WAC 172-122-200 Notice of trespass.
Hearing Location(s): On December 6, 2017, at 10 a.m., at Eastern Washington University, Main Campus, 526 5th Street, Room 215A, Tawanka Hall, Cheney, WA 99004.
Date of Intended Adoption: February 23, 2018.
Submit Written Comments to: Joseph Fuxa, Eastern Washington University, 526 5th Street, 314 Showalter Hall, Cheney, WA 99004, email, fax 509-359-2874, by December 6, 2017.
Assistance for Persons with Disabilities: Contact Joseph Fuxa, phone 509-359-7496, fax 506-359-2874 [509-359-2874], email, by December 6, 2017.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The modifications to WAC 172-122-100 are being made to update university standards and processes regarding the issuance of a notice of trespass.
Reasons Supporting Proposal: Updates are being made to the process for trespassing someone from campus due to changes in practice and law.
Statutory Authority for Adoption: RCW 28B.35.120(12).
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Eastern Washington University, governmental.
Name of Agency Personnel Responsible for Drafting: Joseph Fuxa, 314 Showalter Hall, 509-359-7496; Implementation and Enforcement: Dr. Mary Cullinan, 214 Showalter Hall, 509-359-6362.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. Pursuant to RCW 34.5.328 [34.05.328] (5)(a)(i), this agency is not an agency mandated to comply with RCW 34.05.328. Further, the agency does not voluntarily make that section applicable to the adoption of this [these] rules pursuant to subsection (5)(a)(ii), and to date, the joint administrative rules review committee has not made the section applicable to the adoption of this rule.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(4).
October 30, 2017
Joseph Fuxa
Labor Relations Manager
AMENDATORY SECTION (Amending WSR 92-22-001, filed 10/21/92, effective 11/21/92)
WAC 172-122-200 Notice of trespass.
(1) The president of Eastern Washington University, or ((in)) the president's ((absence, the acting president, is authorized in the instance of any event that the president deems to be disruptive of order or which the president deems impedes the movement of persons or vehicles or which the president deems to disrupt or threatens to disrupt the ingress and/or egress of persons from publicly owned buildings or related facilities owned by the university, then the president acting through the executive vice president or other persons designated by the president, shall have the power and authority to:
(1) Prohibit the entry of, or withdraw the license or privilege of any person or persons, or any group of persons, to enter onto or remain on all or any portion of real property or in any building or facility thereon or attached thereto which is owned or operated by the university; or
(2) Give notice against trespass by any manner specified in chapter 9A.52 RCW to any person, persons, or group of persons against whom the license or privilege has been withdrawn or who have been prohibited from entering onto or remaining on all or any portion of real property or in any building or facility thereon or attached thereto, which property is owned or operated by the university; or
(3) Order any person, persons, or group of persons to leave or vacate all or a portion of real property or any building or facility thereon or attached thereto which is owned or operated by the university)) designee, has the authority to grant, deny, or withdraw permission for people to be on university property. Any individual who is on university property must comply with university rules. Access to university property may be limited to certain times, certain uses, or certain groups of people. People who are on university property or within a university building without permission may be ordered to leave by any university official.
(2) People who remain on university property without permission, who disrupt university activities, interfere with people's ability to access buildings, or whose conduct threatens the health, safety, or security of anyone on campus may be removed from university property and given a twenty-four-hour trespass notice by the president, the president's designee, or a member of the university police department.
(3) In the event a person's conduct continues to threaten the health, safety, or security of anyone on campus, the president or president's designee may trespass the person from university property for up to one year, except expelled students may permanently be trespassed from campus. Any prior license or privilege to be on university property is revoked by the notice of trespass.
(4) A person who is trespassed from university property shall be given a written notice of trespass identifying:
(a) The reason why the person is being trespassed;
(b) The duration and scope of the trespass;
(c) The method for appealing the notice; and
(d) A warning that failing to comply with the notice may result in the person's arrest and criminal charges under chapter 9A.52 RCW. The notice shall be delivered in the manner specified in chapter 9A.52 RCW.
(5) Appeals.
(a) If a current student is trespassed from campus, the initial trespass notice is considered an interim restriction under WAC 172-121-140 and the student will receive an emergency appeal hearing under WAC 172-121-140 with the vice president for student affairs or designee. The authority to bar students from university property in this regulation is separate from and in addition to the authority of the dean of students or vice president for student affairs under the student conduct code, chapter 172-121 WAC. At the conclusion of the entire student conduct process, a student who is expelled may be permanently trespassed from university property in accordance with WAC 172-121-210 (1)(k).
(b) If a current employee is trespassed from a particular portion of campus the employee does not need to access to perform his or her job (e.g., ejected from Roos Field during a football game), the employee can appeal the decision under (c) of this subsection. If an employee is trespassed from all university property because his or her conduct threatens the health, safety, or security of anyone on campus, the employee will be considered to have been placed on paid administrative leave by issuance of the trespass notice and the university will follow its normal employment processes for investigating the alleged behavior and determining what level of discipline, if any, is appropriate.
(c) All other persons who have been removed or trespassed from university property may appeal the decision by submitting to the president or president's designee, by certified mail, a letter stating the reasons the person should not be barred from university property within twenty-one days of issuance of the trespass notice. The trespass notice will remain in effect during the pendency of any review period. The president or president's designee shall review all relevant information and issue a written order affirming, modifying, or revoking the trespass order within twenty days after the request for review is received. This decision is the university's final decision.