PROPOSED RULES
OF SPOKANE
Original Notice.
Preproposal statement of inquiry was filed as WSR 11-11-052.
Title of Rule and Other Identifying Information: Chapter 132Q-20 WAC, Faculty and student traffic rules and regulations.
Hearing Location(s): CCS Board of Trustees Meeting, Institute for Extended Learning Lodge, 3305 West Fort George Wright Drive, Spokane, WA, on September 20, 2011, at 8:30 a.m.
Date of Intended Adoption: September 20, 2011.
Submit Written Comments to: Anne Tucker, Community Colleges of Spokane, Mailstop 1009, P.O. Box 6000, Spokane, WA 99217-6000, e-mail atucker@ccs.spokane.edu, fax (509) 434-5169, by September 2, 2011.
Assistance for Persons with Disabilities: Contact Anne Tucker by September 2, 2011, (509) 434-5109.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: In fall 2009, the chancellor called for the creation of a CCS parking services taskforce. It had been many years since CCS had done a comprehensive review of parking services. Members of the taskforce worked diligently over the course of two academic years to examine various issues and bring forward recommendations for improvements. This proposal incorporates the updates and changes recommended by the taskforce.
Reasons Supporting Proposal: See Purpose 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.
July 1, 2011
Anne Tucker
Public Information Officer
and Rules Coordinator
OTS-4058.2
((FACULTY)) EMPLOYEE AND STUDENT TRAFFIC RULES AND REGULATIONS
(1) Annual permits -- Permits, which are valid for fall through summer quarters.
(2) Appropriate vice-president -- The chief administrative officer over student services regardless of current position title.
(3) Board -- The board of trustees of Washington State Community College District 17, also known as Community Colleges of Spokane (CCS).
(4) Campus -- Any or all real property owned, leased, operated or maintained by Community Colleges of Spokane.
(5) Campus ((patrol)) safety -- ((An employee of the
college, Administration of)) College security officers,
criminal justice, work-study students ((or)), contracted
security personnel, or college employees, who are responsible
to the appropriate vice-president or designee for campus
((security)) safety.
(6) College -- Any community college or separate instructional unit which may be created by the board of trustees of Community Colleges of Spokane.
(7) ((College personnel -- Any person employed or
representing on a full- or part-time basis Community Colleges
of Spokane.)) Employee -- Any person employed or representing
Community Colleges of Spokane on a full- or part-time basis.
(8) Community Colleges of Spokane (CCS) -- Spokane Community College, Spokane Falls Community College, Institute for Extended Learning and the District Office.
(9) CCS Facilities are facilities owned by CCS or the CCS Foundation.
(10) Quarterly permits -- Permits valid for a specified academic quarter.
(((10))) (11) Special permits -- Permits issued under
special circumstances such as (("D" permit which is a
quarterly disabled parking permit issued by disability support
services;)) carpool permits, issued to college personnel who
participate in commuter trip reduction; and honorary permits
which are issued to Community Colleges of Spokane personnel
upon retirement.
(((11))) (12) Student -- Any person who is or has
officially registered at any college or instructional unit
with the Community Colleges of Spokane and with respect to
whom the college maintains education records or personally
identifiable information.
(((12) Temporary)) (13) Invited guest permits -- Permits,
which are valid for an individual invited to campus by a
department for a specific period designated on the permit.
(((13))) (14) Vehicle -- An automobile, truck, motorcycle,
scooter, or any vehicle ((empowered)) powered by a motor.
(((14))) (15) Visitors -- Any person ((or persons)),
excluding students ((as previously defined, who come upon the
campus as guests and person or persons)), employees, vendors
and guests who lawfully visit the campus for purposes, which
are in keeping with the colleges' role as institutions of
higher learning in the state of Washington.
(16) Vendors -- Persons contracted to provide services to CCS.
[Statutory Authority: RCW 28B.50.140. 03-18-021, § 132Q-20-005, filed 8/25/03, effective 9/25/03.]
(1) To protect and control pedestrian and vehicular traffic; and
(2) To assure access at all times for emergency traffic; and
(3) To minimize traffic disturbance during class hours; and
(4) To facilitate the work of the community colleges.
[Statutory Authority: RCW 28B.50.140. 03-18-021, § 132Q-20-010, filed 8/25/03, effective 9/25/03; 00-14-007, § 132Q-20-010, filed 6/26/00, effective 7/27/00; 87-16-010 (Resolution No. 27), § 132Q-20-010, filed 7/23/87; Order 71-4, § 132Q-20-010, filed 7/26/71.]
(1) The motor vehicle and other traffic laws of the state of Washington; and
(2) The ((Spokane)) appropriate municipal code.
[Statutory Authority: RCW 28B.50.140. 87-16-010 (Resolution No. 27), § 132Q-20-030, filed 7/23/87; Order 71-4, § 132Q-20-030, filed 7/26/71.]
[Statutory Authority: RCW 28B.50.140. 03-18-021, § 132Q-20-040, filed 8/25/03, effective 9/25/03; 00-14-007, § 132Q-20-040, filed 6/26/00, effective 7/27/00; 92-14-036, § 132Q-20-040, filed 6/24/92, effective 7/25/92; 87-16-010 (Resolution No. 27), § 132Q-20-040, filed 7/23/87; Order 73-4, § 132Q-20-040, filed 2/23/73; Order 71-4, § 132Q-20-040, filed 7/26/71.]
Employees, students, and visitors may obtain permits from the cashier's office. Guests and vendors may obtain permits from the sponsoring department.
[Statutory Authority: RCW 28B.50.140. 03-18-021, § 132Q-20-050, filed 8/25/03, effective 9/25/03; 87-16-010 (Resolution No. 27), § 132Q-20-050, filed 7/23/87; Order 71-4, § 132Q-20-050, filed 7/26/71.]
(1) An unexpired student or employee parking permit registered and properly displayed; or
(2) A visitor or special parking permit authorized by the appropriate vice-president or designee, and properly displayed; or
(3) A temporary guest or vendor parking permit issued by the sponsoring department and authorized by the appropriate vice-president or designee, and properly displayed.
[Statutory Authority: RCW 28B.50.140. 03-18-021, § 132Q-20-060, filed 8/25/03, effective 9/25/03; 00-14-007, § 132Q-20-060, filed 6/26/00, effective 7/27/00; 92-14-036, § 132Q-20-060, filed 6/24/92, effective 7/25/92; 87-16-010 (Resolution No. 27), § 132Q-20-060, filed 7/23/87; Order 74-1, § 132Q-20-060, filed 9/23/74; Order 71-4, § 132Q-20-060, filed 7/26/71.]
(1) Expired permits should be removed before new permits are attached.
(2) Permits not displayed pursuant to the provisions of
this section ((shall)) are not ((be)) valid.
[Statutory Authority: RCW 28B.50.140. 03-18-021, § 132Q-20-070, filed 8/25/03, effective 9/25/03; 87-16-010 (Resolution No. 27), § 132Q-20-070, filed 7/23/87; Order 74-1, § 132Q-20-070, filed 9/23/74; Order 71-4, § 132Q-20-070, filed 7/26/71.]
(1) When the purpose for which the permit was issued changes or no longer exists; or
(2) When a permit is used for an unregistered vehicle or by an unauthorized individual; or
(3) Falsification on a parking permit application; or
(4) Continued violations of parking regulations; or
(5) Counterfeiting or altering a parking permit.
[Statutory Authority: RCW 28B.50.140. 03-18-021, § 132Q-20-090, filed 8/25/03, effective 9/25/03; 00-14-007, § 132Q-20-090, filed 6/26/00, effective 7/27/00; 92-14-036, § 132Q-20-090, filed 6/24/92, effective 7/25/92; 87-16-010 (Resolution No. 27), § 132Q-20-090, filed 7/23/87; Order 71-4, § 132Q-20-090, filed 7/26/71.]
[Order 71-4, § 132Q-20-100, filed 7/26/71.]
[Statutory Authority: RCW 28B.50.140. 03-18-021, § 132Q-20-110, filed 8/25/03, effective 9/25/03; 00-14-007, § 132Q-20-110, filed 6/26/00, effective 7/27/00; 92-14-036, § 132Q-20-110, filed 6/24/92, effective 7/25/92; 90-21-021, § 132Q-20-110, filed 10/8/90, effective 11/8/90; 87-16-010 (Resolution No. 27), § 132Q-20-110, filed 7/23/87; Order 73-4, § 132Q-20-110, filed 2/23/73; Order 71-4, § 132Q-20-110, filed 7/26/71.]
(1) Faculty staff, student, and visitor spaces will be designated for their use; and
(2) Parking spaces for the exclusive use by persons of
disability will be designated((. The appropriate
vice-president or designee may issue special permits to
students and others to park in these designated spaces));
(3) A CCS parking permit along with an official state
disabled parking permit allows the permit holder to park in
any designated employee or disabled parking space ((as listed
above; and));
(4) Other special use spaces may be designated; and
(5) Parking at metered parking requires payment.
[Statutory Authority: RCW 28B.50.140. 03-18-021, § 132Q-20-130, filed 8/25/03, effective 9/25/03; 00-14-007, § 132Q-20-130, filed 6/26/00, effective 7/27/00; 92-14-036, § 132Q-20-130, filed 6/24/92, effective 7/25/92; 87-16-010 (Resolution No. 27), § 132Q-20-130, filed 7/23/87; Order 71-4, § 132Q-20-130, filed 7/26/71.]
(2) In areas marked for diagonal parking, vehicles shall be parked at a forty-five degree angle, facing in.
(3) In areas marked for parallel or right-angle parking, space or stall markings will be observed.
(4) No vehicle shall be parked so as to occupy any portion of more than one parking space or stall as designated within the parking area. The fact that other vehicles may have been so parked as to require the vehicle parked to occupy a portion of more than one space or stall shall not constitute an excuse for a violation of this section.
(5) No vehicle shall be parked ((on the campus)) except
in those areas set aside and designated pursuant to WAC 132Q-20-130.
[Statutory Authority: RCW 28B.50.140. 03-18-021, § 132Q-20-140, filed 8/25/03, effective 9/25/03; Order 71-4, § 132Q-20-140, filed 7/26/71.]
[Statutory Authority: RCW 28B.50.140. 03-18-021, § 132Q-20-150, filed 8/25/03, effective 9/25/03; 00-14-007, § 132Q-20-150, filed 6/26/00, effective 7/27/00; 87-16-010 (Resolution No. 27), § 132Q-20-150, filed 7/23/87; Order 71-4, § 132Q-20-150, filed 7/26/71.]
(2) No vehicle shall be driven or ridden on the sidewalks on campus at any time unless authorized by the appropriate vice-president or designee.
(3) No skateboards or roller blades/skates shall be allowed on campus.
[Statutory Authority: RCW 28B.50.140. 03-18-021, § 132Q-20-210, filed 8/25/03, effective 9/25/03; 00-14-007, § 132Q-20-210, filed 6/26/00, effective 7/27/00; 92-14-036, § 132Q-20-210, filed 6/24/92, effective 7/25/92; 87-16-010 (Resolution No. 27), § 132Q-20-210, filed 7/23/87; Order 71-4, § 132Q-20-210, filed 7/26/71.]
[Statutory Authority: RCW 28B.50.140. 03-18-021, § 132Q-20-230, filed 8/25/03, effective 9/25/03; 87-16-010 (Resolution No. 27), § 132Q-20-230, filed 7/23/87; Order 71-4, § 132Q-20-230, filed 7/26/71.]
(2) The appropriate vice-president or designee shall be
responsible for the enforcement of the rules ((and
regulations)) contained in this chapter.
[Statutory Authority: RCW 28B.50.140. 03-18-021, § 132Q-20-240, filed 8/25/03, effective 9/25/03; 00-14-007, § 132Q-20-240, filed 6/26/00, effective 7/27/00; 92-14-036, § 132Q-20-240, filed 6/24/92, effective 7/25/92; 87-16-010 (Resolution No. 27), § 132Q-20-240, filed 7/23/87; Order 72-5, § 132Q-20-240, filed 10/9/72; Order 71-4, § 132Q-20-240, filed 7/26/71.]
[Statutory Authority: RCW 28B.50.140. 03-18-021, § 132Q-20-250, filed 8/25/03, effective 9/25/03; 00-14-007, § 132Q-20-250, filed 6/26/00, effective 7/27/00; 92-14-036, § 132Q-20-250, filed 6/24/92, effective 7/25/92; 87-16-010 (Resolution No. 27), § 132Q-20-250, filed 7/23/87; Order 71-4, § 132Q-20-250, filed 7/26/71.]
(2) ((Students)) Violators have the right to due process
and may appeal ((a decision of the appropriate vice-president
or designee to the college president or chief administrator of
a recognized instructional unit)) to the college parking
appeals board created in WAC 132Q-20-265, whose decision shall
be final.
(3) Vehicles parked on any campus in violation of any of
the ((regulations)) rules contained in this chapter, may be
impounded or detained by use of mechanical devices at the
discretion of the ((appropriate vice-president or designee))
campus safety office. If a vehicle is impounded, it may be
taken to such place for storage as the appropriate
vice-president or designee selects. The expenses of such
impounding and storage shall be the sole responsibility of the
owner or operator of the vehicle. CCS shall not be liable for
loss or damage of any kind resulting from such impounding and
storage.
(4) At the discretion of the appropriate vice-president
or designee, an accumulation of traffic violations by a
student will be cause for disciplinary action, pursuant to
((WAC 132Q-02-270.
(5) The duly elected associated student government officers of CCS recommend a proposed schedule of fines prior to adoption of a new fine schedule.
(6))) chapter 132Q-30 WAC. In the case of students, failure to pay fines shall be grounds for the college, in addition to disciplinary action, to deny admission to CCS, registration, official transcripts, graduation or other administrative action. Failure to pay fines could result in the denial of issuing a permit.
(5) For students and employees, refusal to pay a fine
still existing after exhaustion of the appellate process shall
be grounds for disciplinary action. ((In the case of
students, failure to pay fines shall be grounds for the
college, in addition to disciplinary action, to deny admission
to CCS, registration, official transcripts, graduation or
other administrative action. Failure to pay fines could
result in the denial of issuing a permit.))
[Statutory Authority: RCW 28B.50.140. 03-18-021, § 132Q-20-260, filed 8/25/03, effective 9/25/03; 00-14-007, § 132Q-20-260, filed 6/26/00, effective 7/27/00; 92-14-036, § 132Q-20-260, filed 6/24/92, effective 7/25/92; 87-16-010 (Resolution No. 27), § 132Q-20-260, filed 7/23/87; Order 72-2, § 132Q-20-260, filed 2/7/72; Order 71-4, § 132Q-20-260, filed 7/26/71.]
(2) Faculty and other district employees have the right of due process and may appeal a decision of the appropriate vice-president or designee to the college president or chief administrator of a recognized institutional unit whose decision shall be final.
(3) Vehicles parked on any campus in violation of any of the regulations contained in this chapter, may be impounded or detained by use of mechanical devices at the discretion of the appropriate vice-president or designee. If a vehicle is impounded, it may be taken to such a place of storage as the appropriate vice-president or designee selects. The expenses of such impounding and storage shall be the sole responsibility of the owner or operator of the vehicle. CCS shall not be liable for loss or damage of any kind resulting from such impounding and storage.
(4) At the discretion of the appropriate vice-president or designee, an accumulation of traffic violations by college personnel is subject to disciplinary action pursuant to WAC 132Q-02-270.
(5) Refusal to pay a fine still existing after exhaustion of the appellate process shall be grounds for disciplinary action. Failure to pay fines could result in the denial of issuance of a permit, and/or impounding of vehicle.)) (1) Each college shall establish a parking appeals board consisting of no less than three members appointed by the president. The appeals board membership shall be evenly balanced between faculty, students and classified staff. Appeals from IEL sites shall be considered by the SFCC parking appeals board.
(2) The parking appeals boards shall use criteria on which to fairly judge appeals including, but not limited to:
(a) Did an institutional error occur?
(b) Were there extenuating circumstances that caused the error to occur?
(c) Did the person make a good faith effort to comply with the parking rules?
[Statutory Authority: RCW 28B.50.140. 03-18-021, § 132Q-20-265, filed 8/25/03, effective 9/25/03; 87-16-010 (Resolution No. 27), § 132Q-20-265, filed 7/23/87.]