WSR 18-06-053
PROPOSED RULES
THE EVERGREEN STATE COLLEGE
[Filed March 2, 2018, 1:32 p.m.]
Supplemental Notice to WSR 17-18-096.
Preproposal statement of inquiry was filed as WSR 17-14-040.
Title of Rule and Other Identifying Information: Weapons prohibited.
Hearing Location(s): On April 12, 2018, 12:15 - 1:00 p.m., at The Evergreen State College, 2700 Evergreen Parkway N.W., Purce Hall, Lecture Hall 2, Olympia, WA 98505.
Date of Intended Adoption: April 19, 2018.
Submit Written Comments to: John Carmichael, 2700 Evergreen Parkway N.W., Library 3200, Olympia, WA 98505, email carmichj@evergreen.edu, fax 360-867-6577, by April 12, 2018.
Assistance for Persons with Disabilities: Contact Andrew Corn, phone 360-867-6296, fax 360-867-6886, email corna@evergreen.edu, by April 10, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule defines circumstances when weapons, as defined by the rule, are prohibited or allowed on the college's campus and at college-sponsored events.
Reasons Supporting Proposal: Appropriate regulation of weapons on college campuses and at college-sponsored events is necessary for the safety of the campus.
Statutory Authority for Adoption: RCW 28B.40.120.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: The Evergreen State College, governmental.
Name of Agency Personnel Responsible for Drafting: Andrew Corn, The Evergreen State College, 2700 Evergreen Parkway N.W., Library 3009, Olympia, WA 98505, 360-867-6296; Implementation: Wendy Endress, The Evergreen State College, 2700 Evergreen Parkway N.W., Library 3009, Olympia, WA 98505, 360-867-6296; and Enforcement: Ed Sorger, The Evergreen State College, 2700 Evergreen Parkway N.W., Sem 2150, Olympia, WA 98505, 360-867-4832.
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 proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. No costs or other impacts on businesses were identified.
March 2, 2018
J. P. Carmichael
Rules Coordinator
NEW SECTION
WAC 174-136-043 Weapons prohibited.
(1) Possession, display, storage, wearing, or use of firearms, explosives (including fireworks), dangerous chemicals or other weapons are prohibited on the college campus, college-owned property, college-approved housing, and at college-sponsored events, unless prior written approval has been obtained consistent with subsection (6) of this section.
(2) Firearm means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder, whether loaded or unloaded.
(3) Weapon includes, but is not limited to:
(a) Any weapon that it is unlawful to possess under Washington law including, but not limited to, slungshot, sand club, metal knuckles, or spring blade knife;
(b) Stun guns, electroshock weapons, longbows, hunting bows, throwing weapons, air guns, pellet guns, paint ball guns, or other pneumatic propellant;
(c) Any other object or instrument apparently capable of producing bodily harm that is carried, exhibited, displayed or drawn in a manner, under circumstances, and at a time and place that manifests an intent to intimidate another or that warrants alarm for the safety of other persons including, but not limited to, daggers, swords, weapon replicas, knives or other cutting or stabbing instruments with blades longer than three inches, clubs, or bats.
(4) Possession of a valid concealed pistol license authorized by the state of Washington is not an exemption under this section. However, nothing in this section shall prevent an individual holding a valid concealed pistol license from securing their pistol in a vehicle as authorized under RCW 9.41.050, provided the vehicle is locked and the weapon is concealed from view; or securing their pistol with Evergreen police services under subsection (6) of this section.
(5) Individuals authorized to carry firearms or other weapons on the college campus, college-owned property, college-approved housing, and at college-sponsored events include, but are not limited to:
(a) Bank-related security personnel required by their office to carry such firearms or weapons;
(b) Duly appointed and commissioned law enforcement officers in the state of Washington, or commissioned by agencies of the United States government while on duty and engaged in their regular duties. A law enforcement agent must notify Evergreen police services of their presence on campus on arrival.
(6) Individuals seeking to bring a firearm or other weapon onto campus, college-owned property, or a college-sponsored event for display or demonstration purposes directly related to a legitimate pedagogical and/or other authorized or educational activity, must obtain prior written authorization from Evergreen police services, or any other person designated by the president of the college. Evergreen police services, or authorized designees, will review any such request and, if it is granted, may establish conditions to the authorization. If the request is denied, the requestor will be informed of the available appeal process, if any.
Other than individuals referenced in subsection (5) of this section, individuals who bring firearms or other weapons to campus must immediately place the firearms or weapons in the college provided storage facility. The storage facility is located at Evergreen police services.
Weapons that are owned by the college for use in organized recreational activities or by special groups, such as college-sponsored clubs or teams, must be stored in a location approved by the Evergreen police services. These weapons must be checked out by the advisor or coach and are to be used only in organized recreational activities or by legitimate members of the club or team in the normal course of the club or team's related activity.
Individuals may possess a personal protection spray device, as authorized by RCW 9.91.160, when possessed and/or used for self-defense while on college-owned property.
(7) Violations of the subsections of this section are subject to appropriate disciplinary or legal action including, but not limited to, exclusion from campus or expulsion.