WSR 17-13-021
[Filed June 12, 2017, 9:44 a.m., effective June 12, 2017, 9:44 a.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Establish rules prohibiting weapons on campus, college-owned property and at college-sponsored events.
Statutory Authority for Adoption: RCW 28B.40.120.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: Over the last few weeks, The Evergreen State College has experienced disruption including harassing, intimidating and threatening behavior directed at members of the campus community. Some individuals have obstructed law enforcement representatives who had responded and were attempting to verify individuals' safety. College operations were suspended for two and a half days based on threats that included a threat to shoot people on campus. While the college has taken steps to increase safety during this tumultuous time, including increasing law enforcement presence on campus, the immediate prohibition of weapons is a necessary step to providing [provide] for safety on campus and at college-sponsored events.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: June 12, 2017.
John Carmichael
Rules Coordinator
WAC 174-136-043 Weapons prohibited.
(1) Possession or use of firearms, explosives, dangerous chemicals or other weapon is prohibited on the college campus, college owned property, and at college sponsored events, unless prior written approval has been obtained consistent with subsection (6).
(2) Firearm means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder, whether loaded or unloaded.
(3) Weapon includes, but is not limited to, air guns, pellet guns, paint ball guns, or other pneumatic propellant, dagger, sword, knife or other cutting or stabbing instrument with a blade longer than three inches, club, bat, sand club, metal knuckles, or any other object or instrument apparently capable of producing bodily harm, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons.
(4) Possession of a valid concealed pistol license authorized by the state of Washington is not an exemption under this section. However, nothing in this section shall prevent an individual holding a valid concealed pistol license from securing their pistol in a vehicle as authorized under RCW 9.41.050.
(5) Only people who are authorized to carry firearms or other weapons as duly appointed and commissioned law enforcement officers in the state of Washington, or commissioned by agencies of the United States government, shall possess firearms or other weapons issued for their possession by their respective law enforcement agencies while on campus, college sponsored event, or other college-owned property. A law enforcement agent must notify Evergreen Police Services of his or her presence on campus on arrival.
(6) Individuals seeking to bring a firearm or other weapon onto campus, college-owned property, or a college sponsored event must obtain prior written authorization from Evergreen Police Services, or any other person designated by the president of the College. Evergreen Police Services, or authorized designees, shall review any such request and, if it is granted, may establish conditions to the authorization.
(7) Violations of the subsections of this section are subject to appropriate disciplinary or legal action including, but not limited to, exclusion from campus or expulsion.