WASHINGTON STATE UNIVERSITY

[Filed December 18, 2024, 8:12 a.m.]

Preproposal statement of inquiry was filed as WSR 24-21-128.

Title of Rule and Other Identifying Information: Chapter 504-31 WAC, Conduct on campus code (title is being updated to Conduct on university property).

Hearing Location(s): On January 22, 2025, at 4:00 p.m., via Zoom meeting. Join from wsu.zoom.us/ or the Zoom app, Meeting ID 934 7818 8239, Passcode 039982; or join by phone 253-215-8782 (enter meeting ID and password at prompt). For help connecting to a Washington State University (WSU) Zoom meeting, see https://tinyurl.com/2kbrhrjt.

Date of Intended Adoption: March 7, 2025.

Submit Written Comments to: Deborah Bartlett, Rules Coordinator, P.O. Box 641225, Pullman, WA 99164-1225, email prf.forms@wsu.edu, beginning January 2, 2025, by January 22, 2025, 5:00 p.m.

Assistance for Persons with Disabilities: Contact Joy Faerber, phone 509-335-2005, email prf.forms@wsu.edu, by January 17, 2025.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WSU administration is updating this rule as follows: (1) Adds a notice of trespass section (WAC 504-31-030) from chapter 504-35 WAC, Facility use rules for other than first amendment/free speech activities; and (2) clarifies that this rule applies to all WSU properties, whether on a specific campus or not. The title of the rule is changed to reflect that the rule applies to all WSU properties.

Reasons Supporting Proposal: The current rule does not reflect current practices related to conduct on WSU property.

Statutory Authority for Adoption: RCW 28B.30.150.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: WSU, public.

Name of Agency Personnel Responsible for Drafting: Danielle Hess, Executive Director, Policy and Governance, French Administration Room 225, Pullman, WA 99164-1023, 509-335-6893; Implementation: Leslie Brunelli, Executive Vice President, Finance and Administration, French Administration 442, Pullman, WA 99164-1048, 509-335-5524; and Enforcement: Vicky Murray, Associate Vice President, WSU Police, Public Safety, French Administration 442, Pullman, WA 99164-1048, 509-335-5524.

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. WSU 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.

Is exempt under RCW 19.85.025(4).

Scope of exemption for rule proposal:

Deborah L. Bartlett, Director

Policies, Records, and Forms

University Rules Coordinator

Chapter 504-31 WAC

CONDUCT ON ((CAMPUS CODE))UNIVERSITY PROPERTY

AMENDATORY SECTION(Amending WSR 13-08-033, filed 3/27/13, effective 4/27/13)

WAC 504-31-010General policy.

It is the policy of Washington State University to support and promote each individual's right to express their views and opinions for or against actions or ideas in which the individual has an interest, to associate freely with others, and to assemble peacefully.

The above rights exist in equal measure for each member of the university community. They exist regardless of the professional stature or rank of the individual and regardless of the degree of acceptability among others of the views or opinions advocated. ((Each individual))Everyone has an obligation to respect the rights of all members of the university community.

This rule shall be read and applied together with any other applicable university policies and rules, and in the event of a conflict more specific provisions shall take precedence. WAC ((504-35-150 shall))504-31-030 and applicable student or employee or both disciplinary processes apply to violations of this rule.

AMENDATORY SECTION(Amending WSR 21-24-027, filed 11/22/21, effective 12/23/21)

WAC 504-31-020Prohibited conduct.

In order to assure the above rights to all members of the university community and to maintain a peaceful atmosphere in which the university may continue to make its unique contribution to society, the following types of conduct are ((hereby)) prohibited on or in any property ((either)) owned, leased, controlled, or operated by the university ((which))that is used or set aside for university purposes((, hereinafter referred to as the university campus))(university property):

(1) Conduct that intentionally and substantially obstructs or disrupts teaching or freedom of movement or other lawful activities ((on the university campus));

(2) Physical abuse of any person or conduct that unlawfully threatens imminent bodily harm or endangers the health or safety of any person ((on the university campus));

(3) Malicious damage to or malicious misuse of university property, or the property of any person ((where))when such property is located on ((the)) university ((campus))property;

(4) Refusal to comply with any lawful order to leave ((the)) university ((campus))property or any portion thereof;

(5) Possession or use of firearms, explosives (including fireworks), dangerous chemicals or other dangerous weapons or instrumentalities on ((the)) university ((campus))property. This prohibition does not apply to possession of such items for authorized university purposes; possession of such items by authorized law enforcement officers; individuals who have obtained prior written approval from the university chief of police, president, or designee; or lawful possession of firearms by persons other than students in privately owned vehicles while on ((any)) university ((campus))property;

(6) Unlawful possession, use, distribution, or manufacture of alcohol or controlled substances on ((the)) university ((campus))property or during university-sponsored activities;

(7) Intentionally inciting others to engage immediately in any of the conduct prohibited herein, which incitement leads directly to such conduct. (Inciting is advocacy that prepares the group addressed for imminent action and steels it to the conduct prohibited herein.)

WAC 504-31-030Notice of trespass.

(1) Access to 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. See also chapter 504-33 WAC. People who are on university property or within a university building without permission may be ordered to leave by any university official, university police or public safety officer, or any other police or public safety officer acting within their authority and as requested by the university.

(2) 24-hour trespass order. 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 university property may be removed from university property or a portion thereof and given a 24-hour trespass notice by any university official, university police or public safety officer, or any other police or public safety officer acting within their authority and as requested by the university. A 24-hour trespass notice is not subject to appeal.

(3) Trespass orders for more than 24-hours. In the event a person's conduct poses a continued threat to the health, safety, or security of anyone on university property, a continuing violation of university policies or disruption of university activities, the president or president's designee, a university police officer, or a campus security officer may trespass the person from university property for up to five years, except expelled students may permanently be trespassed from university property in accordance with chapter 504-26 WAC. Any prior license or privilege to be on university property is revoked by the notice of trespass.

(4) Contents of notice. A person who is trespassed from university property for any duration is given a written notice of trespass identifying:

(a) The reason why the person is being trespassed;

(b) The duration and scope of the trespass;

(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) Students. The authority to bar current students from all or a portion of university property under this section is separate from, and in addition to, the authority to impose disciplinary sanctions pursuant to chapter 504-26 WAC. However, when a current student is to be trespassed for more than 24 hours from any area they need to perform their academic studies or work, including their assigned university housing (except as provided in the housing agreement), the individual issuing the trespass order (in accordance with subsection (3) of this section) is to contact either the dean of students, the center for community standards, the campus vice chancellor for student affairs, or all, so that the applicable student conduct process is initiated during the initial 24-hour trespass whenever possible. The student conduct process may include WAC 504-26-050 or 504-26-409. Any appeals of the trespass order are conducted in accordance with chapter 504-26 WAC.

(6) Employees. The authority to bar current employees from all or a portion of university property under this section is separate from, and in addition to, the authority to impose disciplinary sanctions pursuant to applicable employee disciplinary procedures (e.g., those in the Faculty Manual, Administrative Professional Employee Handbook, or civil service regulations). However, if an employee is trespassed from any area they need to perform their work or from all university property, the individual issuing the trespass order is to contact human resource services as soon as possible in the trespass process. The employee may be considered to be placed on home assignment or paid administrative leave by issuance of the trespass notice, and the university shall follow its normal employment processes for investigating the alleged behavior and determining what level of discipline, if any, is appropriate. Any appeals of the trespass order are conducted pursuant to the applicable employee disciplinary process.

(7) Appeals.

(a) Current students and employees. If a current student or employee is trespassed for more than 24 hours from a portion of university property and they do not need access for their studies or work, they may appeal the decision under (b) of this subsection. Otherwise, any appeals are as provided in subsection (5) or (6) of this section. Appeal processes are referenced on the trespass notice.

(b) Nonstudents or nonemployees. Persons other than current students and employees who have been removed or trespassed from university property may appeal the decision by submitting an appeal letter stating the reasons they should not be barred from university property. The appeal should be submitted to the executive vice president for finance and administration or designee, by certified mail, within 21 days of issuance of the trespass notice. The trespass notice remains in effect during the pendency of any review period. The executive vice president for finance and administration or designee reviews all relevant information and issues a written order affirming, modifying, or revoking the trespass order within 20 days after the appeal letter is received. This decision is the university's final decision.