WSR 10-20-159

PROPOSED RULES

OLYMPIC COLLEGE


[ Filed October 6, 2010, 10:32 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-18-037.

Title of Rule and Other Identifying Information: First amendment activities policy.

Hearing Location(s): Olympic College Board Room, College Service Center, 5th Floor, 1600 Chester Avenue, Bremerton, WA 98337, on November 12, 2010, at 10:00 a.m.

Date of Intended Adoption: November 12, 2010.

Submit Written Comments to: Thomas Oliver, Olympic College, CSC 210, 1600 Chester Avenue, Bremerton, WA 98337, e-mail toliver@olympic.edu, fax (360) 475-7505, by October 15, 2010.

Assistance for Persons with Disabilities: Contact access services by October 29, 2010, TTY (360) 475-7543 or (360) 475-7540.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This new policy updates and clarifies activities that are acceptable on Olympic College campuses and are protected under the first amendment of the United States constitution.

Reasons Supporting Proposal: Recent activities on campus have highlighted the need for a clear and concise policy on first amendment.

Statutory Authority for Adoption: Chapter 28B.50 RCW.

Statute Being Implemented: Chapter 28B.50 RCW.

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

Name of Proponent: Linda Yerger, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Kim McNamara, HSS 2, 1600 Chester Avenue, Bremerton, WA 98337, (360) 475-7535.

No small business economic impact statement has been prepared under chapter 19.85 RCW. There will be no impact on any entity other than Olympic College.

A cost-benefit analysis is not required under RCW 34.05.328. There is no significant economic impact.

October 6, 2010

Thomas Oliver

Rules Coordinator

OTS-3616.1


NEW SECTION
WAC 132C-10-009   First amendment activities.   (1) Purpose. Olympic College recognizes and supports the rights of groups and individuals to engage in first amendment activities. This policy shall be interpreted and construed to support such activities while simultaneously balancing the needs and interests of the college to fulfill its mission as a state educational institution of Washington.

The purpose of this policy is to establish procedures and reasonable controls for the use of college facilities for both noncollege and college groups. It establishes time, place and manner regulations intended to balance the college's responsibility to fulfill its mission as a state educational institution of Washington with the interests of noncollege groups or college groups who are interested in using the campus for purposes of constitutionally protected speech, assembly or expression.

(2) Definitions.

(a) Noncollege groups: For the purposes of this policy noncollege groups shall mean individuals, or combinations of individuals, who are not currently enrolled students or current employees of Olympic College or who are not officially affiliated or associated with a recognized student organization or a recognized employee group of the college.

(b) College groups: For the purposes of this policy college groups shall mean individuals, or combinations of individuals, who are currently enrolled students or current employees of Olympic College or who are affiliated with a recognized student organization or a recognized employee group of the college.

(c) First amendment activities: For the purposes of this policy first amendment activities (hereinafter "the event") would include, but not necessarily be limited to: Informational picketing, petition circulation, distribution of information leaflets or pamphlets, speech-making, demonstrations, rallies, and/or other types of constitutionally protected assemblies to share information, perspectives, or viewpoints.

(d) Limited public forum: For the purposes of this policy a limited public forum is identified by the college as a location where noncollege groups or individuals may exercise their first amendment rights through expressive activity.

(3) Policy. Olympic College is an educational institution provided and maintained for and by the people of the state of Washington. However, the public character of the college does not grant to individuals or groups an unlimited license to engage in activity which limits, interferes with, or otherwise disrupts the normal activities and business of the college.

The college's buildings, facilities, and grounds are not available for unrestricted use by either college groups or noncollege groups. College groups will be given priority except when advance booking and payment by a noncollege group is accepted by the college.

Materials which are commercial, obscene, or unlawful in character are prohibited.

(4) Commercial events. Activities and events of a commercial nature by college groups are not covered by the first amendment policy. See chapter 42.52 RCW.

(5) Criminal trespass. Any person determined to be violating this policy is subject to an order from the college safety and security department to leave the college campus. Persons failing to comply with such an order are subject to arrest for criminal trespass.

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Washington State Code Reviser's Office