WASHINGTON STATE UNIVERSITY
[Filed September 5, 2018, 8:57 a.m.]
Preproposal statement of inquiry was filed as WSR 18-14-109.
Title of Rule and Other Identifying Information: Health and safety regulations, WAC 504-36-030 Spectator events—Safety rules.
Hearing Location(s): On October 17, 2018, at 4:00 p.m., at Lighty 403, Washington State University (WSU) Pullman, Pullman, Washington.
Date of Intended Adoption: November 16, 2018.
Submit Written Comments to: Deborah Bartlett, P.O. Box 641225, Pullman, WA 99164-1225, email firstname.lastname@example.org, fax 509-335-3969, by October 17, 2018.
Assistance for Persons with Disabilities: Contact Joy Faerber, phone 509-335-2005, fax 509-335-3969, email email@example.com, by October 15, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The university is updating the safety rules for spectator events.
Reasons Supporting Proposal: In order to meet industry best practices applicable to safety and security at PAC-12 (Pacific Athletic Conference) and NCAA (National Collegiate Athletic Association) events, the university administration is implementing a "clear bag" policy along with other item restrictions. Clear bags help streamline the security process for entry into university events and allow for greater visibility of items being brought into the venues. This policy mirrors those implemented by a majority of peer institutions.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: WSU, public.
Name of Agency Personnel Responsible for Drafting: Benjamin Clarke, Assistant Director, Athletic Events/Facilities Operations, Intercollegiate Athletics, Bohler Gym 103a, Pullman, Washington 99164-1602, 509-335-5109; Implementation: Stacy Pearson, Vice President, Finance and Administration, French Administration 442, Pullman, Washington 99164-1048, 509-335-5524; and Enforcement: Bill Gardner, Associate Vice President, WSU Police/Public Safety, Public Safety 104, Pullman, Washington 99164-1072, 509-335-4484.
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
. The university does not consider this rule to be a significant legislative 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
(3) as the rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect; and rule content is explicitly and specifically dictated by statute.
September 5, 2018
Deborah L. Bartlett, Director
Procedures, Records, and Forms
and University Rules Coordinator
AMENDATORY SECTION(Amending WSR 17-11-010, filed 5/8/17, effective 6/8/17)
WAC 504-36-030Spectator events—Safety rules.
(1) Protection of the safety and general welfare of students, faculty and staff, performers and officials, and members of the general public attending or participating in spectator events on campus is a primary concern of Washington State University.
(2) The following rules of conduct apply to all spectator events of Washington State University. "Spectator event," for the purposes of this section, means ticketed or nonticketed athletic or entertainment events held on any portion of university property, including, but not limited to, Martin Stadium and the Beasley Coliseum (hereafter the "event site").
(a) Behavior which in the judgment of designated university officials constitutes a disruption of the event or a safety hazard for other spectators or participants is prohibited.
(b) For ticketed events, an individual is entitled to occupy only the seat for which he or she has the proper ticket.
(c) Photographing or making audio or visual recordings of a spectator event for commercial purposes is not permitted without specific written permission from the WSU athletic department (for athletic events) or the performer and applicable designated university official (for entertainment events).
(d) Aisles, walkways, and stairs must be kept clear of hazards and obstacles at all times to ensure safe and easy passage for all persons.
(e) Possession and/or consumption of illegal drugs or marijuana is prohibited. Possession and/or consumption of alcoholic beverages is permitted subject to restrictions.
(i) Any illegal drugs, marijuana, or alcoholic beverages, except for such beverages provided in accordance with (e)(ii) of this subsection, found in the possession of a spectator or otherwise found on the event site may be confiscated and delivered to the custody of designated university officials for law enforcement purposes or for disposal, as appropriate.
(ii) Alcoholic beverages may be possessed, sold, served, and consumed at event sites only under a valid permit or license issued by the Washington state liquor and cannabis board. Events at which alcoholic beverages are possessed, sold, served, and consumed must comply with the restrictions imposed by the Washington state liquor and cannabis board and restrictions and policies imposed by the university, have restricted attendance, and be limited to specified room(s) or area(s). Possession, consumption, service, dispensation, or sale of alcohol is prohibited except to persons of legal age.
(f) Smoking and other uses of tobacco and/or nicotine products are prohibited in all areas of the Pullman campus in accordance with chapter 504-38 WAC and all areas of the Vancouver campus in accordance with chapter 504-37 WAC.
(g) Each spectator is allowed to bring one empty nondisposable water bottle into the event site, provided that the capacity of the water bottle is no more than one and one-half liters. All other beverage containers and devices used for carrying beverage containers are prohibited. All such items are subject to a visual inspection by designated university officials upon entry to the event site. If designated university officials make the determination that a given container or device is prohibited, the possessor of the container or device must remove the container or device from the event site premises or may surrender the container or device to such designated university officials for disposal.
(h) Each spectator is allowed to bring ((one soft sided))the following sizes and styles of bags into the event site, provided ((such bag is no larger than fourteen inches by eight inches by fourteen inches and))that, for seated events, ((is))the bags are small enough to fit completely under the spectator's seat, where such bags must be kept. ((All other))
(i) Bags made of clear plastic, vinyl, or PVC that are no larger than fourteen inches by eight inches by fourteen inches.
(ii) Clear drawstring bags that are no larger than fourteen inches by fourteen inches.
(iii) One gallon clear plastic freezer bags (Ziploc bag or similar).
(iv) Small clutch bags, with or without a handle strap, that are no larger than four and one-half inches by six and one-half inches (the approximate size of a hand).
(v) Exceptions are made for medically necessary items after proper inspection upon entrance.
(vi) The clear bag policy is enforced at various venues at the discretion of university personnel and management. Exceptions may also be made depending on the venue.
(i) Prohibited bags and containers ((are prohibited.))include, but are not limited to:
(i) Purses larger than a clutch bag;
(v) Fanny packs;
(vi) Cinch bags;
(vii) Luggage of any kind;
(viii) Computer or camera bags;
(ix) Binocular cases;
(x) Any bag larger than the permissible sizes specified in subsection (h) of this section.
(j) Spectators are allowed to bring personal items, e.g., keys, cellular telephones, wallet, makeup, in their pockets if they choose not to use a clear bag.
(k) Additional items such as diapers, wipes, and other supplies for babies and small children are allowed if placed in an approved clear bag.
(l) All ((such)) items are subject to a visual inspection by designated university officials upon entry into the event site. If designated university officials make the determination that a given bag is prohibited, the possessor of the bag must remove the bag from the event site premises or may surrender the bag to such designated university officials for disposal.
(((i)))(m) The following items are also prohibited in the event site:
(i) Fireworks, weapons, explosive devices, or artificial noisemaking devices (such as airhorns);
(ii) Items deemed dangerous or unacceptable by designated university officials;
(iv) Laser pointers;
(v) Extension items used to hold cellular telephones or cameras in place (e.g., "selfie sticks");
(vi) Flag poles, or any items that act as an extension of an arm and have a flag or sign affixed;
(vii) Footballs, frisbees, sport balls, any kind of inflatable balls, or any other projectiles;
(ix) Seat cushions with rigid frames. Seatback cushions must:
(A) Be soft sided;
(B) Contain no pockets or zippers; and
(C) Be no wider than eighteen inches.
(x) Pets or animals, except as allowed by WAC 504-36-020 or as otherwise required by state or federal law;
(((x)))(xi) Food and beverages, unless purchased from a vendor within the event site.
(3) Where there is reasonable cause to believe that a person is violating, or is attempting to violate, the requirements identified in subsection (2) of this section, such person is denied license or privilege to enter or remain in or upon the event site premises, and designated university officials may take necessary action to deny entry or to remove such persons from the event site premises.
Prohibited items found in the possession of a spectator or otherwise found on the event site are to be confiscated and delivered to the custody of designated university officials for law enforcement purposes or for disposal, as appropriate. Violation of the requirements identified in subsection (2) of this section or failure to vacate the event site premises upon request of designated university officials may result in university disciplinary action (if applicable) and/or subsequent legal proceedings under federal or state law and/or the Washington Administrative Code.
(4) For purposes of this section, designated university officials include the president of the university, the vice president for finance and administration, and the following officials:
(a) Director of athletics or designee for athletic events;
(b) Director of the Beasley Coliseum or designee for Beasley Coliseum events;
(c) Director of the Compton Union Building or designee for events in the Compton Union Building;
(d) Director of the School of Music or designee for events sponsored by that school;
(e) The WSU executive director of public safety or designee;
(f) Officers of the WSU police department when (i) acting at the request of any of the above-named officials to enforce university regulations, or (ii) enforcing state laws or local ordinances;
(g) Contracted or hired security personnel and crowd management personnel when acting at the direction of the above-named officials or designees to enforce university regulations.