WSR 18-05-024

EMERGENCY RULES

WESTERN WASHINGTON UNIVERSITY

[Filed February 9, 2018, 10:18 a.m., effective February 9, 2018, 10:18 a.m.]

Effective Date of Rule: Immediately upon filing.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: Western Washington University is adopting second emergency rule making per RCW 34.05.350(2), while actively pursuing adoption of a permanent rule as evidenced by the proposed rule making CR-101 filed on October 13, 2017, as WSR 17-21-046 and the proposed rule making CR-102 filed on February 6, 2018, as WSR 18-04-104.

Purpose: Amend WAC 516-24-130 Demonstrations.

Citation of Rules Affected by this Order: Amending WAC 516-24-130.

Statutory Authority for Adoption: RCW 28B.40.120(12).

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: Continuing Western Washington University's emergency section of demonstrations and other free speech activities, WAC 516-24-130, is necessary because the manifestation of violence and intimidation observed in on-campus demonstrations in Washington state and across the United States over the past months necessitate continued, immediate changes to the rule in order to preserve the integrity of Western Washington University's educational mission, to protect the health, safety and welfare of students, faculty and staff, and to preserve university property and scarce state resources.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 1, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: February 9, 2018.

Jennifer L. Sloan

Rules Coordinator

AMENDATORY SECTION (Amending WSR 01-09-052, filed 4/13/01, effective 5/14/01)

WAC 516-24-130 Demonstrations and other free speech activities.

The value of active participation in political and social issues is recognized by Western Washington University as enhancing the education of the individual and contributing to the betterment of American society. The rights of free speech, petition and assembly are fundamental to the democratic process guaranteed under the Constitution of the United States and will be promoted and respected at all times.

The university ((further)) also recognizes that it has an obligation to maintain on campus an atmosphere that allows the institution to perform the fundamental task of providing an opportunity for all members of the community to pursue knowledge through accepted academic processes.

The university further recognizes that it is committed to a safe campus, ensuring the safety of its community members and preventing loss or damage to its facilities or property.

To achieve these objectives it is essential that demonstrations and other free speech activities be orderly and conducted in a time, place, and manner that allows the orderly function of the university. Any person or group of persons shall not, by their conduct((, disrupt, disturb or interfere with:

(1) Classroom activities and other educational pursuits;

(2) Recognized university activities including, but not limited to, ceremonies, meetings, office functions or residence hall activities;

(3) Pedestrian and vehicular traffic;

(4) Preservation and protection of university property and personal property of individuals.)):

(1) Violate the prohibition of firearms, weapons, armor or armaments as set forth in WAC 516-52-020.

(2) Disrupt, disturb or interfere with classroom activities and other educational pursuits.

(3) Disrupt, disturb or interfere with recognized university activities including, but not limited to, ceremonies, meetings, office functions or residence hall activities.

(4) Disrupt, disturb or interfere with pedestrian and vehicular traffic.

(5) Disrupt, disturb or interfere with the preservation and protection of university property and personal property of individuals.

(6) Threaten, by statement or implication, the health, safety or well-being of others.

(7) Contact or communicate in a threatening nature that intimidates, harasses, and would cause a reasonable person to fear for their safety or well-being.

Any person persisting in such conduct after being requested to cease by university authorities, shall be subject, as appropriate, to disciplinary proceedings, trespass, or arrest and prosecution.