S-4536               _______________________________________________

 

                                         SUBSTITUTE SENATE BILL NO. 6234

                        _______________________________________________

 

State of Washington                               51st Legislature                              1990 Regular Session

 

By Senate Committee on Higher Education (originally sponsored by Senators von Reichbauer, Smitherman, Saling and Gaspard)

 

 

Read first time 1/24/90.

 

 


AN ACT Relating to crime and safety at institutions of higher education; amending RCW 28B.10.550, 28B.10.555, 43.101.200, 28B.10.560, and 28B.10.567; and adding new sections to chapter 28B.10 RCW.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

          NEW SECTION.  Sec. 1.  A new section is added to chapter 28B.10 RCW to read as follows:

          The legislature declares that providing for the safety of students, faculty, and staff is a primary responsibility of the governing boards and administrations of our state colleges and universities.  The legislature directs the state institutions of higher education to take all action reasonable and necessary to provide for the safety of students, faculty, and staff on the state campuses.

 

        Sec. 2.  Section 28B.10.550, chapter 223, Laws of 1969 ex. sess. as amended by section 24, chapter 169, Laws of 1977 ex. sess. and RCW 28B.10.550 are each amended to read as follows:

          The boards of regents of the state universities, and the boards of trustees of the regional universities ((or of)), The Evergreen State College, acting independently and each on behalf of its own institution:

          (1) ((May)) Shall each establish a fully commissioned police force for its own institution, which force shall function under such conditions and regulations as the board prescribes; ((and))

          (2) ((May)) Shall supply appropriate badges and uniforms indicating the positions and authority of the members of such police force; and

          (3) Shall direct the president of the college or university, or the president's designee, to be responsible for ensuring adequate law enforcement at branch campuses of the institution:  PROVIDED, That nothing in this section shall be construed to require resident police forces at branch campuses of the state colleges or universities.

 

          NEW SECTION.  Sec. 3.  A new section is added to chapter 28B.10 RCW to read as follows:

          The boards of trustees of the community colleges, acting independently and each on behalf of its own institution:

          (1) May each establish a fully commissioned police force for its own institution, which force shall function under such conditions and regulations as the board prescribes; and

          (2) May supply appropriate badges and uniforms indicating the positions and authority of the members of the force.

 

        Sec. 4.  Section 28B.10.555, chapter 223, Laws of 1969 ex. sess. and RCW 28B.10.555 are each amended to read as follows:

          The members of a police force established under authority of RCW 28B.10.550 or section 3 of this act, when appointed and duly sworn:

          (1) Shall be general authority peace officers of the state as defined in chapter 10.93 RCW and have such police powers as are vested in sheriffs and peace officers generally under the laws of this state; and

          (2) May exercise such powers upon state lands devoted mainly to the educational or research activities of the institution to which they were appointed; and

          (3) Shall have power to pursue and arrest beyond the limits of such state lands, if necessary, all or any violators of the rules or regulations herein provided for; and

          (4) Shall be subject to the education and training requirements for law enforcement personnel established under chapter 43.101 RCW.

 

        Sec. 5.  Section 2, chapter 212, Laws of 1977 ex. sess. as amended by section 2, chapter 299, Laws of 1989 and RCW 43.101.200 are each amended to read as follows:

          (1) All law enforcement personnel, except volunteers, and reserve officers whether paid or unpaid, initially employed on or after January 1, 1978, and all members of a police force established under RCW 28B.10.550 or section 3 of this act, shall engage in basic law enforcement training which complies with standards adopted by the commission pursuant to RCW 43.101.080 and 43.101.160.  For personnel initially employed before January 1, 1990, such training shall be successfully completed during the first fifteen  months of employment of such personnel unless otherwise extended or waived by the commission and shall be requisite to the continuation of such employment.  Personnel initially employed on or after January 1, 1990, shall commence basic training during the first six months of employment unless the basic training requirement is otherwise waived or extended by the commission.  Successful completion of basic training is requisite to the continuation of employment of such personnel initially employed on or after January 1, 1990.

          (2) The commission shall provide the aforementioned training together with necessary facilities, supplies, materials, and the board and room of noncommuting attendees for seven days per week.  Additionally, the commission shall reimburse to participating law enforcement agencies with ten or less full-time commissioned patrol officers the cost of temporary replacement of each officer who is enrolled in basic law enforcement training:  PROVIDED, That such reimbursement shall include only the actual cost of temporary replacement not to exceed the total amount of salary and benefits received by the replaced officer during his training period.

 

        Sec. 6.  Section 28B.10.560, chapter 223, Laws of 1969 ex. sess. as last amended by section 1, chapter 221, Laws of 1983 and RCW 28B.10.560 are each amended to read as follows:

          (1) The boards of regents of the state universities, and the boards of trustees of the regional universities ((and of)), The Evergreen State College, and community college districts, acting independently and each on behalf of its own institution, may each:

          (a) Establish and promulgate rules and regulations governing pedestrian traffic and vehicular traffic and parking upon lands and facilities of the university or college;

          (b)  Adjudicate matters involving parking infractions internally; and

          (c)  Collect and retain any penalties so imposed.

          (2)  If the rules or regulations promulgated under subsection (1) of this section provide for internal adjudication of parking infractions, a person charged with a parking infraction who deems himself or herself aggrieved by the final decision in an internal adjudication may, within ten days after written notice of the final decision, appeal by filing a written notice thereof with the college or university police force.  Documents relating to the appeal shall immediately be forwarded to the district court in the county in which the offense was committed, which court shall have jurisdiction over such offense and such appeal shall be heard de novo.

 

        Sec. 7.  Section 1, chapter 81, Laws of 1975-'76 2nd ex. sess. as last amended by section 2, chapter 185, Laws of 1987 and RCW 28B.10.567 are each amended to read as follows:

          The boards of regents of the state universities and ((board)) the boards of trustees of the regional universities ((and the board of trustees of)), The Evergreen State College, and community college districts are authorized and empowered, under such rules and regulations as any such board may prescribe for the duly sworn police officers employed by any such board as members of a police force established pursuant to RCW 28B.10.550 or section 3 of this act, to provide for the payment of death or disability benefits or medical expense reimbursement for death, disability, or injury of any such duly sworn police officer who, in the line of duty, loses his life or becomes disabled or is injured, and for the payment of such benefits to be made to any such duly sworn police officer or his surviving spouse or the legal guardian of his child or children, as defined in RCW 41.26.030(7), or his estate:  PROVIDED, That the duty-related benefits authorized by this section shall in no event be greater than the benefits authorized on June 25, 1976 for duty-related death, disability, or injury of a law enforcement officer under chapter 41.26 RCW:  PROVIDED FURTHER, That the duty-related benefits authorized by this section shall be reduced to the extent of any amounts received or eligible to be received on account of the duty-related death, disability, or injury to any such duly sworn police officer, his surviving spouse, the legal guardian of his child or children, or his estate, under workers' compensation, social security including the changes incorporated under Public Law 89-97 as now or hereafter amended, or disability income insurance and health care plans under chapter 41.05 RCW.

 

          NEW SECTION.  Sec. 8.  A new section is added to chapter 28B.10 RCW to read as follows:

          (1) Each institution of higher education shall report to the Washington association of sheriffs and police chiefs, or its successor agency, on an annual basis, crime statistics for the Washington state uniform crime report in the format required by the Washington association of sheriffs and police chiefs, or its successor agency.

          (2) Each institution of higher education shall publish and distribute a report which shall be updated annually and which shall include the crime statistics as reported under subsection (1) of this section for the most recent three-year period.  Crime rates shall also be included in the report.  The crime rates reported shall be based on the numbers and categories of crimes reported under subsection (1) of this section and the number of full-time equivalent undergraduate and graduate students and full-time equivalent employees at the institution of higher education.  Upon request, the institution shall provide the report to every person who submits an application for admission to either a main or branch campus and to each new employee at the time of employment.  In its acknowledgement of receipt of the formal application for admission, the institution shall notify the applicant of the availability of such information.  The information shall also be provided on an annual basis to all students and employees.  Institutions with more than one campus shall provide the required information on a campus-by-campus basis.

          (3) Each institution of higher education shall provide to every person who submits an application for admission to a main or branch campus, to every new employee at the time of employment, and annually to all students and employees information regarding the institution's security policies and procedures.  Community college main campuses shall provide each student and employee on that campus information which follows the general categories for safety policies and procedures outlined in this section.  Such categories shall, at a minimum, include campus enrollments, campus nonstudent workforce profile, the number and duties of campus security personnel, arrangements with state and local police, and policies on controlled substances.  Institutions with a main campus and one or more branch campuses shall provide the information on a campus-by-campus basis.  In the case of community colleges, colleges shall provide such information to the main campuses only and shall provide reasonable alternative information at any off-campus centers and other affiliated college sites enrolling less than one hundred students.  Such information for the most recent academic year shall include, but not be limited to, the following:

          (a) The number of undergraduate and graduate students enrolled;

          (b) The number of undergraduate and graduate students living in student housing;

          (c) The total number of nonstudent employees working on the campus;

          (d) The administrative office responsible for security on the campus;

          (e) A description of the type and number of security personnel utilized by the institution, including a description of their training;

          (f) The enforcement authority of security personnel, including their working relationship with state and local police agencies;

          (g) Policy on reporting criminal incidents to state and local police;

          (h) Policy regarding access to institutional facilities and programs by students, employees, guests, and other individuals;

          (i) Procedures and facilities for students and others to report criminal actions or other emergencies occurring on campus and policies concerning the institution's response to such reports;

          (j) A statement of policy regarding the possession, use, and sale of alcoholic beverages;

          (k) A statement of policy regarding the possession, use, and sale of illegal drugs;

          (l) A statement of policy regarding the possession and use of weapons by security personnel and any other person;

          (m) Any policy regarding students or employees with criminal records;

          (n) Security considerations used in the maintenance of campus facilities, including landscaping, groundskeeping, public access telephones, and outdoor lighting;

          (o) A description of the communication mediums used to inform the campus community about security matters as well as the frequency with which the information is usually provided;

          (p) A description of any programs offered by an institution's student affairs or services department and by student government organizations regarding crime prevention and counseling, including a directory of available services and appropriate telephone numbers and physical locations of these services.

          (4) Institutions that  maintain student housing facilities shall include in the information required by subsection (3) of this section the following:

          (a) Types of student housing available (on-campus, off-campus; single room, double, group; single sex, coed; undergraduate, graduate, married; etc.);

          (b) Policies on housing assignments and requests by students for assignment changes;

          (c) Policies concerning the identification and admission of visitors in student housing facilities;

          (d) Measures to secure entrances to student housing facilities;

          (e) Standard security features used to secure doors and windows in students' rooms;

          (f) A description of the type and number of employees, including security personnel, assigned to the student housing facilities which shall include a description of their security training;

          (g) The type and frequency of programs designed to inform student housing residents about housing security and enforcement procedures;

          (h) Policy and any special security procedures for housing students during low-occupancy periods such as holidays and vacation periods;

          (i) Policy on the housing of guests and others not assigned to the student housing or not regularly associated with the institution of higher education.

          (5) Each institution shall establish a task force which will annually examine campus security and safety issues.  The task force shall review the report published and distributed pursuant to this section in order to ensure the accuracy and effectiveness of the report and make any suggestions for improvement.  This task force shall include representation from the institution's administration, faculty, staff, recognized student organization, and police or security organization.