WSR 12-05-085




[ Filed February 17, 2012, 9:04 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 12-02-051.

Title of Rule and Other Identifying Information: WAC 132Q-136-040 Limitations.

Hearing Location(s): CCS Board of Trustees Meeting, Institute for Extended Learning Lodge, 3305 West Fort George Wright Drive, Spokane, WA, on April 17, 2012, at 8:30 a.m.

Date of Intended Adoption: April 17, 2012.

Submit Written Comments to: Kathleen Roberson, Community Colleges of Spokane, Mailstop 1006, P.O. Box 6000, Spokane, WA 99217-6000, e-mail, fax (509) 434-5275, by April 9, 2012.

Assistance for Persons with Disabilities: Contact Kathleen Roberson by April 9, 2012, (509) 434-5275.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To amend and clarify the limitations of use of district facilities.

Reasons Supporting Proposal: See Purpose statement 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: Kathleen Roberson, 501 North Riverpoint Boulevard, Suite 204, Spokane, WA 99202, (509) 434-5275; Implementation and Enforcement: Community Colleges of Spokane, 501 North Riverpoint Boulevard, Suite 204, Spokane, WA 99202, (509) 434-5275.

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.

February 17, 2012

Kathleen Roberson

Executive Assistant

to the CFO


AMENDATORY SECTION(Amending WSR 11-20-027, filed 9/23/11, effective 10/24/11)

WAC 132Q-136-040   Limitations.   (1) District facilities of Washington State Community College District 17 may not be used in ways that substantially obstruct or disrupt educational activities or freedom of movement or other lawful activities on or in district facilities.

(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)) disability.

(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 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 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.

(12) College property may not be used for camping, defined to include sleeping, carrying on cooking activities, storing personal belongings, or the erection of tents or other shelters or structures used for purposes of personal habitation.

[Statutory Authority: RCW 28B.50.140. 11-20-027, 132Q-136-040, filed 9/23/11, effective 10/24/11; 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.]

Washington State Code Reviser's Office