Original Notice.

     Preproposal statement of inquiry was filed as WSR 11-23-103.

     Title of Rule and Other Identifying Information: WAC 132Q-07-060 Trespass.

     Hearing Location(s): CCS Board of Trustees Meeting, Institute for Extended Learning Lodge, 3305 West Fort George Wright Drive, Spokane, WA, on February 21, 2012, at 8:30 a.m.

     Date of Intended Adoption: February 21, 2012.

     Submit Written Comments to: Kathleen Roberson, Community Colleges of Spokane, Mailstop 1006, P.O. Box 6000, Spokane, WA 99217-6000, e-mail Kathleen.Roberson@ccs.spokane.edu, fax (509) 434-5275, by February 15, 2012.

     Assistance for Persons with Disabilities: Contact Kathleen Roberson by February 15, 2012, (509) 434-5275.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To amend and clarify the parameters for a no trespass notice.

     Reasons Supporting Proposal: See Purpose statement above.

     Statutory Authority for Adoption: RCW 28B.50.140.

     Statute Being Implemented: RCW 28B.50.140.

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

     Name of Proponent: Community Colleges of Spokane, governmental.

     Name of Agency Personnel Responsible for Drafting: Anne Tucker, Public Information Officer, Suite 139, 501 North Riverpoint Boulevard, Spokane, WA 99202, (509) 434-5109; Implementation: Chief Student Services Officers, Terri McKenzie, Spokane Community College, Room 105, Building 50, 1810 North Greene Street, Spokane, WA, (509) 533-7015, Alex Roberts, Spokane Falls Community College, Room 150, Building 17, 3410 West Fort George Wright Drive, Spokane, WA, (509) 533-3514, and Amy Lopes-Wasson, Institute for Extended Learning, Room 245, 2917 West Fort George Wright Drive, Spokane, WA, (509) 279-6045; and Enforcement: College Presidents and IEL CEO, Joe Dunlap, Spokane Community College, Room 110, Building 50, 1810 North Greene Street, Spokane, WA, (509) 533-7042, Pam Praeger, Spokane Falls Community College, Room 105, Building 1, 3410 West Fort George Wright Drive, Spokane, WA, (509) 533-3535, and Scott Morgan, Institute for Extended Learning, Room 248, Magnuson, 2917 West Fort George Wright Drive, Spokane, WA, (509) 279-6040.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. No impact.

     A cost-benefit analysis is not required under RCW 34.05.328. Community Colleges of Spokane is not a listed agency under RCW 34.05.328 and is therefore exempt from this provision.

January 17, 2012

Kathleen Roberson

Executive Assistant

to the CFO

OTS-4539.1

AMENDATORY SECTION(Amending WSR 03-18-021, filed 8/25/03, effective 9/25/03)

WAC 132Q-07-060   Trespass.   The appropriate president or designee of the college in the instance of any event that is determined to be disruptive of order, impedes the movement of vehicles or persons; or threatens to disrupt the movement of persons from college facilities or grounds, shall have the power and authority to:

     (((a))) (1) Give notice against trespass by any manner provided for by law, to any person(s), or group against whom the privilege has been withdrawn or who have been prohibited from entering on or remaining upon any or all portions of a college facility; or

     (((b))) (2) Prohibit the entry of, or withdraw the privilege of a person(s) or any group to enter or remain on all or any portion of a college facility or the entire college district; or

     (((c))) (3) Order any person(s), or group to leave or vacate all or any portion of a college facility or grounds.

     Any student or nonstudent who shall disobey a lawful order given by the president, or designee, pursuant to the requirements ((of subsection (1))) of this section, shall be subject to disciplinary action and/or referred to law enforcement for possible criminal charges.

[Statutory Authority: RCW 28B.50.140. 03-18-021, § 132Q-07-060, filed 8/25/03, effective 9/25/03.]

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