WSR 18-04-104
[Filed February 6, 2018, 3:12 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-20-092.
Title of Rule and Other Identifying Information: WAC 516-24-130 Demonstrations.
Hearing Location(s): On March 13, 2018, at 12:00 p.m., at Western Washington University, Main Campus, Board Room, Old Main 340, 516 High Street, Bellingham, WA 98225.
Date of Intended Adoption: April 13, 2018.
Submit Written Comments to: Jennifer L. Sloan, Rules Coordinator, Western Washington University, 516 High Street, Bellingham, WA 98225-9015, email, fax 360-650-6197, by March 12, 2018.
Assistance for Persons with Disabilities: Contact Jennifer Sloan, phone 360-650-3117, fax 360-650-6197, email, by February 27, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The manifestation of violence and intimidation observed in on-campus demonstrations in Washington state and across the United States necessitate changes to WAC 516-24-130 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. The following changes include: A change in title and updating language within the section to reflect the change; language that the university is committed to a safe campus and preventing loss or damage; language regarding the time and place of freedom of expression and assembly activities; replaced the word disrupt with obstruct; and added additional conduct restrictions.
Reasons Supporting Proposal: To ensure the safety of the campus community and preserve university property and scarce state resources.
Statutory Authority for Adoption: RCW 28B.35.120(12).
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Western Washington University, public.
Name of Agency Personnel Responsible for Drafting and Implementation: Eric Alexander, Associate Dean, Student Engagement/Director VU, VU 545, 360-650-3451; and Enforcement: Darin Rasmussen, Director of Public Safety/Chief of Police, Campus Services, 360-650-3555.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party.
February 6, 2018
Jennifer L. Sloan
Rules Coordinator
AMENDATORY SECTION (Amending WSR 01-09-052, filed 4/13/01, effective 5/14/01)
WAC 516-24-130 ((Demonstrations.)) Freedom of expression and prohibited conduct.
The value of active participation in political and social issues is recognized by Western Washington University as enhancing the education of the individual and contributing to the betterment of American society. The rights of free speech, petition and assembly are fundamental to the democratic process guaranteed under the Constitution of the United States and will be promoted and respected at all times.
The university ((further)) also recognizes that it has an obligation to maintain on campus an atmosphere that allows the institution to perform the fundamental task of providing an opportunity for all members of the community to pursue knowledge through accepted academic processes.
The university further recognizes that it is committed to a safe campus, ensuring the safety of its community members and preventing loss or damage to its facilities or property.
To achieve these objectives it is essential that ((demonstrations)) freedom of expression and assembly be orderly and conducted in a time, place, and manner that allows the orderly function of the university. Any person or group of persons shall not, by their conduct((, disrupt, disturb or interfere with:
(1) Classroom activities and other educational pursuits;
(2) Recognized university activities including, but not limited to, ceremonies, meetings, office functions or residence hall activities;
(3) Pedestrian and vehicular traffic;
(4) Preservation and protection of university property and personal property of individuals.)):
(1) Violate the prohibition of firearms, weapons, armor or armaments as set forth in WAC 516-52-020.
(2) Obstruct or interfere with classroom activities and/or other educational or employment pursuits.
(3) Obstruct or interfere with recognized university activities including, but not limited to, ceremonies, meetings, office functions or residence hall activities.
(4) Obstruct or interfere with pedestrian or vehicular traffic.
(5) Obstruct or interfere with the preservation and protection of university property and personal property of individuals.
(6) Threaten, by statement or implication, the health or safety of others.
(7) Contact or communicate in a threatening nature that harasses, would cause a reasonable person to fear for their safety, or which is so persistent, pervasive, or severe as to deny a person's ability to substantially participate in the university community.
Any person persisting in such conduct after being requested to cease by university authorities, shall be subject, as appropriate, to disciplinary proceedings, trespass, or arrest and prosecution.