Original Notice.

     Preproposal statement of inquiry was filed as WSR 11-11-049.

     Title of Rule and Other Identifying Information: Chapter 132Q-136 WAC, Use of district facilities.

     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: Housekeeping to update titles, addresses, and internal references.

     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-4063.1

AMENDATORY SECTION(Amending Resolution No. 22, filed 9/14/84)

WAC 132Q-136-010   Use of district facilities -- General policy and delegation.   (1) Washington State Community College District 17 (((the)) Community Colleges of Spokane) is an educational institution provided and maintained by the people of the state in order to carry out its mission pursuant to chapter 28B.50 RCW. The purpose of this policy is to assure that all facilities operated, owned or maintained by the district are reserved primarily for those activities which either are related directly to the district's mission or are otherwise justifiable on the basis of their contributions to the cultural, educational, economic or recreational interests of the state and its people.

     (2) The board of trustees delegates to the ((chief executive officer and district president)) chancellor, or staff so designated by the ((chief executive officer)) chancellor, the authority to establish procedures for the regulation and review of the use of district facilities and to establish user fees where appropriate.

[Statutory Authority: RCW 28B.50.140. 84-19-028 (Resolution No. 22), § 132Q-136-010, filed 9/14/84.]

     (1) "Facilities" shall include all structures, building, grounds, parking lots, sidewalks and airspace owned or controlled by District 17.

     (2) "District" or "District 17" shall include Spokane Community College, Spokane Falls Community College, the Institute of Extended Learning and any other college or organizational unit of Washington State Community College District 17 hereafter established by the district board of trustees.

     (3) "Use of facilities" shall include the holding of events, the posting and removal of signs, all forms of advertising, commercial activities, charitable solicitation and any other activity which takes place in or on facilities owned or controlled by District 17.

     (4) "Scheduling office" shall be the office within the organization of the district which is designated as the office responsible for scheduling a particular district facility. The designation of scheduling offices shall be made by the ((chief executive officer)) chancellor, or staff so designated by the ((chief executive officer)) chancellor, pursuant to WAC 132Q-136-010(2).

     (5) "User fee" shall be the fee, if any, charged any user for the use of facilities, including a use fee, fees for special custodial, attendant or security services, fees for supervisor services, fees for the use of special district equipment in conjunction with the use of facilities and any other fees established pursuant to WAC 132Q-136-010(2). The schedule of user fees may be amended from time to time.

     (6) "Academic or administrative unit sponsorship" shall mean that the head of an academic or administrative unit within the district has reviewed a request for use of facilities, has determined that such use of facilities meets the general policy concerning the use of district facilities pursuant to WAC 132Q-136-010(1) and all limitations on the use of facilities pursuant to WAC 132Q-136-040, has determined that the academic or administrative unit is willing to sponsor the proposed use of facilities and has signed the appropriate request form.

[Statutory Authority: RCW 28B.50.140. 84-19-028 (Resolution No. 22), § 132Q-136-020, filed 9/14/84.]

     (2) College personnel and official student organizations may use district facilities to hold events to which the general public is invited when the event has academic or administrative unit sponsorship and the approval of the chancellor((/chief executive officer)) or other designated staff.

     (3) Organizations or persons other than district personnel or official student organizations may use district facilities to hold events for members of that organization provided such use complies with the general policy of the use of district facilities. Such use does not require either academic or administrative unit sponsorship, but does require the approval of the chancellor((/chief executive officer)) or designee.

     (4) Organizations or persons other than district personnel or official student organizations may use district facilities to hold events to which the general public is invited when the event has academic or administrative unit sponsorship and the approval of the chancellor((/chief executive officer)) or designee.

     (5) Use of facilities for religious purposes is permitted on the same basis as for nonreligious purposes as long as use for religious purposes does not dominate access to facilities pursuant to WAC 132Q-136-040.

[Statutory Authority: RCW 28B.50.140. 04-10-065, § 132Q-136-030, filed 4/30/04, effective 5/31/04; 84-19-028 (Resolution No. 22), § 132Q-136-030, filed 9/14/84.]

     (2) District facilities may not be used by groups, including informal groups, which discriminate in their membership or limit participation in activities on the basis of race, creed, color, national origin, sex, marital status, age, or the presence of any sensory, mental, or physical handicap.

     (3) College personnel or official student organizations may use district facilities to present educational forums regarding ballot propositions and/or candidates who have filed for public office as long as the audience is limited to college personnel and students. However, pursuant to RCW 42.17.130 "the use of any of the facilities of a public office or agency, directly or indirectly, for the purpose of assisting a campaign for election of any person to any office or for the promotion of or opposition to any ballot proposition" is prohibited.

     (4) District facilities may not be used for private or commercial purposes such as sales, advertising, or promotional activities unless such activities are in conjunction with authorized use of facilities by outside groups, fund raising activities directly benefiting the district, or activities fulfilling an educational or service need of the students or college personnel. The sale of any item, the use of any advertising material, or operation of any promotional activity is subject to prior approval of the chancellor((/chief executive officer)) or designee.

     (5) The distribution of handbills, leaflets, pamphlets and similar materials is not permitted in or on those facilities to which access by the general public is restricted or where such distribution would significantly impinge upon the primary business being conducted.

     (6) Charitable solicitation is not permitted in or on those facilities to which access by the general public is restricted or where such solicitation would significantly impinge upon the primary business being conducted.

     (7) District facilities may be used by other public or private educational institutions or public agencies only insofar as the intended use of the facilities meets a community need not being fulfilled by District 17 and where such activities do not interfere with the educational programs being offered by District 17 or with the maintenance and repair programs of the district. A user fee, if any, for such use shall be determined by the chancellor((/chief executive officer)) or designee.

     (8) Organizations or persons other than district personnel or official student organizations may use district facilities only after the procedures pursuant to WAC 132Q-136-050 are completed and appropriate user fees have been paid in full or satisfactory payment arrangements completed.

     (9) District 17 reserves the right to require that the district be represented at any use of facilities where the presence of a representative is in the best interest of the district.

     (10) District equipment shall be used only when authorized and shall not be removed from any facility unless written authorization for such removal has been obtained prior to use.

     (11) No decorations or other application of material to walls, ceiling or floors of any facility shall be permitted if such application will in any way mar, deface or injure the facility. Users shall be responsible for the removal or disposal of any decorations, materials, equipment, furnishings or rubbish that remain in or on any facility following use of the facility. Failure of any user to meet this obligation that results in additional cost to the district shall subject the user to additional charges for such costs.

[Statutory Authority: RCW 28B.50.140. 04-10-065, § 132Q-136-040, filed 4/30/04, effective 5/31/04; 84-19-028 (Resolution No. 22), § 132Q-136-040, filed 9/14/84.]

     (2) Authorization to organizations or persons other than district faculty, staff, or official student organizations for the use of district facilities is granted with the express understanding and condition that such organization or person assumes full responsibility for any loss, damage or claims arising out of such use. When the event involves physical activity, or otherwise would increase the risk of bodily injury above the level inherent in the facilities to be used, proof of appropriate liability insurance coverage with limits of at least one million dollars per occurrence shall be provided to the ((chief executive officer)) chancellor or designee.

[Statutory Authority: RCW 28B.50.140. 84-19-028 (Resolution No. 22), § 132Q-136-060, filed 9/14/84.]

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