HOUSE BILL REPORT

SSB 6234

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

Changing safety requirements for colleges and universities.

House Committe on Higher Education

Majority Report:  Do pass as amended.  (9)

      Signed by Representatives Jacobsen, Chair; Van Luven, Ranking Republican Member; Basich, Heavey, Jesernig, Miller, Prince, Rector and Wood.

Minority Report:  Do not pass.  (2)

      Signed by Representatives Doty and Fraser.

House Staff:Marilee Scarbrough (786-7196)

AS REPORTED BY COMMITTEE ON HIGHER EDUCATION FEBRUARY 22, 1990

BACKGROUND:

There is an increasing level of criminal activity on college and university campuses. Recent serious crime incidents in Washington have highlighted the campus safety issue in this state.

Each of the four public institutions in Washington have the authority to establish campus police forces.  All of these institutions, except The Evergreen State College, have established a fully trained and commissioned police force.  The community colleges do not have the authority to create such a police force for their respective campuses.  Each of the state four year institutions, except The Evergreen State College, maintains crime statistics for their campus, and reports campus crime statistics to the state uniform crime report.  None of the community colleges make such reports.

Four states, Pennsylvania, Tennessee, Florida and Louisiana, have enacted legislation requiring public colleges and universities to maintain records on criminal activity and safety procedures on campus.  Those institutions are also required to make those records available to students, faculty, staff, and candidates for admission.  Similar legislation is being introduced in California, Massachusetts, New York, New Jersey, and in the United States Congress.

SUMMARY:

BILL AS AMENDED:  The Legislature declares that providing for the safety of students, faculty, and staff is a primary responsibility of the governing boards and administrations of the state colleges and universities.

The boards of regents and trustees of the state universities, regional universities, and The Evergreen State College shall each establish a fully commissioned police force for their own institutions.  Resident police forces are not required at branch campuses.

The boards of trustees of each of the community colleges may  establish a fully commissioned police force for their own institutions.

The members of police forces established by state institutions of higher education shall be general authority peace officers of the state as defined in statute.  Such police force members shall be subject to the education and training requirements for law enforcement personnel established under Chapter 43.101 RCW.

The boards of trustees of community college districts are granted the same authority as the boards of state four-year institutions regarding parking and vehicular traffic upon lands and facilities of the colleges.  The community college boards are granted the same authority as the boards of the state four-year institutions concerning the provision of death, disability, or injury benefits for any duly sworn police officer.

Each state institution of higher education is required to report crime statistics, monthly, for the Washington state uniform crime report.

Each state institution of higher education is required to publish and distribute a report of crime statistics and crime rates at the institution.  Upon request, the institutions 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.

Information regarding an institution's security policies and procedures shall be provided to all new students and new employees. All students, employees, and applicants shall receive notice that the information is available upon request. Institutions that maintain housing facilities shall include information regarding security procedures in place at those facilities in the information provided to applicants, students, and employees. Community colleges may provide alternative information to students and staff at small off-campus sites enrolling less than 100 students.

Each state institution of higher education will establish a task force to annually examine campus security and safety issues.  The institution's administration, faculty, staff, students, and police or security organization shall be represented on the task force.

AMENDED BILL COMPARED TO SUBSTITUTE:  Institutions of higher education are required to report crime statistics monthly, rather than annually.  Information regarding the institution's security policies and procedures shall be provided to all new students and new employees.  All students, employees and applicants shall receive notice that the information is available upon request.

Fiscal Note:      Available.

House Committee ‑ Testified For:    Aza Hadas, WASHE (Washingtonians for Accountability in State Higher Education); Mark Brown, Washington Federation of State Employees; Larry Savage, The Evergreen State College, security;  Scott La Framboise, Washington Student Lobby; Marcia Savage; Brendan Williams, student, The Evergreen State College; Bob Edie, University of Washington; Larry Ganders, Washington State University; Scott Olsen, Western Washington University; and Mert Obert and Bev Ickes, WASPC (Washington Association of Sheriffs and Police Chiefs).

House Committee - Testified Against:      Bruce L. Rogers, Paul Westmoreland, Mark Ridgway, Eric M. Larsen, Mary Lou O'Neil and Knoll Lowney, students, The Evergreen State College; Jennifer Jaech and Gail Martin, The Evergreen State College, President's office; and Byron Yountz, The Evergreen State College, faculty.

House Committee - Testimony For:    This legislation is supported by all state institutions, except The Evergreen State College.  Our society is increasingly violent.  A campus is not a serene environment.  Security at the Evergreen State College will not respond if the assailant is armed.  Many students do not feel safe on campus.  Some crimes are not reported, therefore statistics look lower than the actual crime rate.  Officers at Evergreen have all the appearance of an officer, but no weapon.  The Evergreen officers are put in jeopardy of serious injury.  Western Washington and The Evergreen State College were cited by Labor and Industries for putting employees in danger.  This legislation will not cost any money for The Evergreen State College.  The Evergreen State College is abrogating its responsibility.  The University of Washington has had armed police for many years.  The University of Washington supports crime statistics provisions.  Current and future students have a right to know crime statistics.  Most crimes at The Evergreen State College are malicious mischief or suspicion.  The highest ratio of officers to student exists at Evergreen.  A number of crimes on state campuses recently, illustrate the need for legislation.

House Committee - Testimony Against:      Guns will foster corruption on campus.  Safety does not occur through arms.  The Evergreen State College is sufficiently peaceful.  A commercial police force is not necessary.  This legislation singles out the Evergreen State College.  Community colleges do not need to have a police force. This legislation will cost Evergreen a lot of money.  The Evergreen State College students and faculty have a right to make their own decision.  The Legislature should first determine that their is a security problem before requiring guns on campus.  Crime is not prevalent on the Evergreen State Campus.  Requirement of armed officers on The Evergreen State College campus jeopardizes Evergreen's ability to govern itself.  The crime reporting requirements may be too burdensome.  The case law does not require institutions to have an armed police force to escape liability.  Liability is only lessened by notice, warnings, and additional locks and lighting.  If a student wants to attend a campus with armed commissioned police officers they can attend one of the other five state supported institutions.  Armed police officers have not prevented crimes at the University of Washington.