Preproposal statement of inquiry was filed as WSR 12-23-032.
Title of Rule and Other Identifying Information: Policy on the use of the college facilities, limitation of use and trespass, amending WAC 132F-136-030 and 132F-136-050; use of facilities for First Amendment activities (new chapter 132F-142 WAC).
Hearing Location(s): Seattle Central Community College, Broadway Performance Hall, 1625 Broadway, Seattle, WA 98122, on May 23, 2013, at 3:00 p.m. to 4:00 p.m.
Date of Intended Adoption: June 13, 2013.
Submit Written Comments to: Amanda Davis Simpfenderfer, 1500 Harvard Avenue, Seattle, WA 98122, e-mail firstname.lastname@example.org, fax (206) 934-3894, by April 5, 2013.
Assistance for Persons with Disabilities: Contact Amanda.email@example.com by May 22, 2013, (206) 934-3873.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Update and creation of new policies regarding the usage of the Seattle Community Colleges for First Amendment activities on campus. The changes outline how the campus can be used for First Amendment activities.
Reasons Supporting Proposal: To ensure that Seattle Community Colleges are upholding First Amendment rights while respecting the educational process and amending the trespass rule to provide for administrative review.
Statutory Authority for Adoption: RCW 28B.50.140(13).
Statute Being Implemented: RCW 28B.50.140(13).
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Seattle Community College District VI, public.
Name of Agency Personnel Responsible for Drafting: Kurt Buttleman, Seattle Community College District Office, (206) 934-4111.
No small business economic impact statement has been prepared under chapter 19.85 RCW. These proposed rules are not predicted to impose any costs on businesses in an industry.
A cost-benefit analysis is not required under RCW 34.05.328. The Seattle Community Colleges are not required to provide a cost-benefit analysis under RCW 34.05.328 (5)(a).
April 4, 2013
AMENDATORY SECTION(Amending WSR 12-12-010, filed 5/24/12, effective 6/24/12)
WAC 132F-136-030 Limitation of use. (1) Primary consideration shall be given at all times to activities specifically related to the college's mission, and no arrangements shall be made that may interfere with, or operate to the detriment of, the college's own teaching, research, or public service programs.
In general, the)) College facilities (( of the
college shall not)) may be rented to(( , or used by,)) private
or commercial organizations or associations(( , nor)) but shall
(( the facilities)) not be rented to persons or organizations
conducting programs for private gain.
College facilities may not be used for commercial
sales, advertising, or promotional activities except when such
activities clearly serve educational objectives (as in display
of books of interest to the academic community or in the
display or demonstration of technical or research equipment)
and when they are conducted under the sponsorship or at the
request of a college department, administrative office or
(4) College facilities may not be used for purposes of political campaigning by or for candidates who have filed for public office except for student-sponsored activities.
(5) Activities of commercial or political nature will not be approved if they involve the use of promotional signs or posters on buildings, trees, walls, or bulletin boards, or the distribution of samples outside rooms or facilities to which access has been granted.
(6))) College facilities are available to recognized student groups, subject to these general policies and to the rules and regulations of the college governing student affairs.
(7) Handbills, leaflets, and similar materials except
those which are commercial, obscene, or unlawful in character
may be distributed only in designated areas on the campus
where, and at times when, such distribution shall not
interfere with the orderly administration of the college
affairs or the free flow of traffic. Any distribution of
materials as authorized by the designated administrative
officer and regulated by established guidelines shall not be
construed as support or approval of the content by the college
community or the board of trustees.
(8) Use of audio amplifying equipment is permitted only in locations and at times that will not interfere with the normal conduct of college affairs as determined by the appropriate administrative officer.
(9))) (4) No person or group may use or enter onto college facilities having in their possession firearms, even if licensed to do so, except commissioned police officers as prescribed by law.
(10) The right of peaceful dissent within the college
community shall be preserved. The college retains the right
to insure the safety of individuals, the continuity of the
educational process, and the protection of property. While
peaceful dissent is acceptable, violence or disruptive
behavior is an illegitimate means of dissent. Should any
person, group or organization attempt to resolve differences
by means of violence, the college and its officials need not
negotiate while such methods are employed.
(11) Orderly picketing and other forms of peaceful dissent are protected activities on and about the college premises. However, interference with free passage through areas where members of the college community have a right to be, interference with ingress and egress to college facilities, interruption of classes, injury to persons, or damage to property exceeds permissible limits.
(12) Peaceful picketing and other orderly demonstrations are permitted in public areas and other places set aside for public meetings in college buildings. Where college space is used for an authorized function, such as a class or a public or private meeting under approved sponsorship, administrative functions or service related activities, groups must obey or comply with directions of the designated administrative officer or individual in charge of the meeting.
(13) If a college facility abuts a public area or street, and if student activity, although on public property, unreasonably interferes with ingress and egress to college buildings, the college may choose to impose its own sanctions although remedies might be available through local law enforcement agencies.
(14) College and noncollege groups may use the campus for first amendment activities between the hours of 6:00 a.m. and 10:00 p.m. and the colleges and their campuses are not open to the public except during these times.
(15) There shall be no overnight camping on college facilities or grounds. Camping is defined to include sleeping, carrying on cooking activities, or storing personal belongings, for personal habitation, or the erection of tents or other shelters or structures used for purposes of personal habitation.))
[Statutory Authority: RCW 28B.50.140(13). 12-12-010, § 132F-136-030, filed 5/24/12, effective 6/24/12. Statutory Authority: Chapter 28B.50 RCW. 84-21-031 (Order 44, Resolution No. 1984-22), § 132F-136-030, filed 10/10/84; Order 35, § 132F-136-030, filed 11/21/77; Order 26, § 132F-136-030, filed 9/16/75; Order 3, § 132F-136-030, filed 9/20/72.]
(2) Members of the college community (students, faculty, and staff) who do not comply with these regulations will be reported to the appropriate college office or agency for action in accord with established college policies.
(3) When the college revokes the license or privilege of
any person to be on college property, temporarily or for a
stated period of time, that person may file a request for
review of the decision with the ((
manager of campus security))
vice-president of administration or designee within ten days
of receipt of the trespass notice. The request must contain
the reasons why the individual disagrees with the trespass
notice. The trespass notice will remain in effect during the
pendency of any review period. The decision of the (( manager
of campus security)) vice-president of administration or
designee will be the final decision of the college and should
be issued within five work days.
[Statutory Authority: RCW 28B.50.140(13). 12-12-010, § 132F-136-050, filed 5/24/12, effective 6/24/12. Statutory Authority: RCW 28B.19.030 and 28B.50.140. 81-12-008 (Order 38), § 132F-136-050, filed 5/27/81; Order 35, § 132F-136-050, filed 11/21/77; Order 26, § 132F-136-050, filed 9/16/75; Order 3, § 132F-136-050, filed 9/20/72.]
USE OF FACILITIES FOR FIRST AMENDMENT ACTIVITIES
The purpose of the time, place and manner regulations set forth in this policy is to establish procedures and reasonable controls for the use of college facilities for both college and noncollege groups. It is intended to balance the colleges' responsibility to fulfill their mission as state educational institutions of Washington with the interests of college groups and noncollege groups who are interested in using the campus for purposes of constitutionally protected speech, assembly or expression. The colleges recognize that college groups should be accorded the opportunity to utilize the facilities and grounds of the colleges to the fullest extent possible. The college intends to open its campus to noncollege groups to the extent that the usage does not conflict with the rights of college groups or substantially disrupt the educational process.
(2) "College group" means individuals who are currently enrolled students or current employees of the Seattle Community Colleges or individuals who are sponsored by faculty, a recognized student organization or a recognized employee group of the college.
(3) "Noncollege group" means individuals or groups who are not currently enrolled students or current employees of the Seattle Community Colleges.
(4) "Public forum areas" means those areas of each campus that the college has chosen to be open as places for expressive activities protected by the first amendment, subject to reasonable time, place or manner provisions.
(5) "Sponsor" means that when a college group invites a noncollege group onto campus, the college group will be responsible for the activity and will designate an individual to be present at all times during the activity. The sponsor will ensure that those participating in the sponsored activity are aware of the college's rules and policies governing the activity. This definition does not apply to noncollege groups that rent college facilities.
(2) Any sound amplification device may only be used at a volume which does not disrupt or disturb the normal use of classrooms, offices or laboratories, or any previously scheduled college activity.
(3) College groups are encouraged to notify the campus public safety department no later than twenty-four hours in advance of an activity. However, unscheduled activities are permitted so long as the activity does not displace any other activities occurring at the college.
(4) All sites used for first amendment activities should be cleaned up and left in their original condition and may be subject to inspection by a representative of the college after the activity. Reasonable charges may be assessed against the sponsoring organization for the costs of extraordinary cleanup or for the repair of damaged property.
(5) All college and noncollege groups must comply with fire, safety, sanitation or special regulations specified for the activity.
(6) The activity must not be conducted in such a manner as to obstruct vehicular, bicycle, pedestrian, or other traffic or otherwise interfere with ingress or egress to the college, college buildings or facilities, or college activities. The activity must not create safety hazards or pose safety risks to others.
(7) The activity must not substantially interfere with educational activities inside or outside any college building or otherwise prevent the college from fulfilling its mission and achieving its primary purpose of providing an education to its students. The activity must not substantially infringe on the rights and privileges of college students, employees or invitees to the college.
(8) College facilities may not be used for commercial sales, solicitations, advertising or promotional activities, unless:
(a) Such activities serve educational purposes of the college; and
(b) Such activities are under the sponsorship of a college department, office, or officially chartered student club.
(9) The activity must also be conducted in accordance with any other applicable college policies and rules, local ordinances, state, and federal laws.
(2) The college designates its grounds and outdoor spaces as the public forum area(s) for use by noncollege groups for first amendment activities on campus. Nothing in these rules prohibits noncollege groups from engaging in first amendment activities at open public meetings, subject to the requirements of RCW 42.30.050.
(3) Noncollege groups at North Seattle Community College and South Seattle Community College may use the public forum areas for first amendment activities between the hours of 6:00 a.m. and 10:00 p.m. and those colleges and their campuses are not open to the general public except during these times. Due to Seattle Central Community College's urban setting, there are no temporal restrictions on first amendment activities at that college except as otherwise provided in these rules.
(4) Before engaging in first amendment activities, upon request by the college, all noncollege groups must report to campus security to sign in and notify the college of the noncollege group's presence on campus and to acknowledge receipt of these rules and to ensure that there are no scheduling conflicts. This notice does not involve any application or approval process, and therefore, the ability to use designated areas will not be denied unless they are already reserved for use by another group. This notice is intended to provide the college with knowledge of the noncollege group's presence on campus so that the college can notify the appropriate members of its staff whose services might be needed or impacted by the use of the designated area. When signing in, the individual or group must provide the following information:
(a) The name, address, and telephone number of the individual, group, entity, or organization sponsoring the activity (hereinafter "the sponsoring organization"); and
(b) The name, address, and telephone number of a contact person for the sponsoring organization; and
(c) The date, time, and requested location of the activity; and
(d) The type of sound amplification devices to be used in connection with the activity, if any; and
(e) The estimated number of people expected to participate in the activity.