WSR 17-21-047

EMERGENCY RULES

WESTERN WASHINGTON UNIVERSITY

[Filed October 13, 2017, 9:50 a.m., effective October 13, 2017, 9:50 a.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: Amend chapter 516-36 WAC, Use of university facilities—Scheduling.

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: The manifestation of violence and intimidation observed in on-campus demonstrations in Washington state and across the United States over the past six months necessitate immediate changes to the rules in order to preserve the integrity of Western Washington University's educational mission, to protect the health, safety and welfare of students, faculty and staff, and to preserve university property and scarce state resources.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 3, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 3, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: October 13, 2017.

Jennifer L. Sloan

Rules Coordinator

AMENDATORY SECTION (Amending WSR 90-10-042, filed 4/27/90, effective 5/1/90)

WAC 516-36-001 Use of university facilities by off-campus persons or groups—Sponsorship required—Requests.

(1) Any person or organization who is not affiliated with the university and who desires to use university facilities or property on a temporary basis for purposes other than assigned university activities or business shall submit a request for use of university facilities or property through a university designated event manager or authorized campus community sponsor to the president or ((his)) the president's designee. An authorized campus community sponsor means a university department, program, recognized student organization, employee group, alumni group and foundation, and individual members of these sponsors when acting on behalf of the sponsor.

(2) Submitted requests may include, but are not limited to, the following:

(a) The contact information for the authorized campus community sponsor, including sponsor name, contact person name, address, email address, and telephone number;

(b) The contact information for the off-campus persons or organizations, including the organization's name and its contact person name, person's name, address, email address, and telephone number;

(d) The nature and purpose of the use;

(e) The estimated number of people expected to be involved, both as participants and as spectators, and, if applicable, estimates of supporters of an event as well as those who may be opposed; and

(f) Other information as may be reasonably requested.

AMENDATORY SECTION (Amending WSR 90-10-042, filed 4/27/90, effective 5/1/90)

WAC 516-36-020 Use of university facilities or property by off-campus persons or groups—Evaluation of request for use.

(1) The president, or the president's designee, shall have the authority to accept or reject, in whole or in part, a request submitted pursuant to WAC 516-36-001.

(2) In evaluating a request submitted pursuant to WAC 516-36-001, the president ((shall)) or designee may consider a variety of factors including, but not limited to, the following ((factors)):

(a) Whether the facilities or property requested are to be used in connection with a ((regularly scheduled)) university program or activity.

(b) Whether the intended use of the university's facilities or property is compatible with the educational mission and objectives of the university.

(c) Whether the intended use might cause a disruption of the university's relationship with the local community by conflicting with services provided by private enterprise within the Bellingham area.

(d) The capabilities, qualifications, experience, and financial stability of the individual, organization, or group submitting the request.

(3) The president, or the president's designee, may specify reasonable fire, safety, law enforcement, sanitation, cleanup, insurance, and other risk- or impact-mitigating requirements for the use of university's facilities or property.

(4) Whenever the president (or the president's designee) rejects, either in whole or in part, a request for use of university facilities or property, the reasons for such rejection shall be stated in writing.

AMENDATORY SECTION (Amending WSR 90-10-042, filed 4/27/90, effective 5/1/90)

WAC 516-36-030 Use of university facilities or property by off-campus persons or groups—Assessment of fees and costs.

(1) The president, or the president's designee, shall have authority to establish a schedule of fees or to estimate costs to govern the use of university facilities or property by persons who are not affiliated with the university, and to alter or modify the fee schedule or cost estimate whenever such action is deemed to be necessary or appropriate or in the best interests of the university. The fee or cost for the use of each campus facility or property shall be sufficient to ((insure)) ensure the recovery by the university of all direct and indirect costs associated with the use of the facility or property, including all direct and indirect costs of goods or services furnished by the university in connection with the use of the facility.

(2) The president, or the president's designee, may waive all or part of the normal fee or the estimated cost for use of a particular facility or property by persons not affiliated with the university under the following circumstances:

(a) The use of the university facility or property is related to the educational mission of the university; and

(b) Members of the university community will receive a ((substantial)) benefit from the intended use of the facility or property and no person or group will derive profit from the intended use of the facility or property; or

(((b))) (c) The group requesting the use of the university's facility is an agency of the state of Washington.