WSR 18-09-050 PERMANENT RULES WESTERN WASHINGTON UNIVERSITY [Filed April 13, 2018, 9:48 a.m., effective May 14, 2018] Effective Date of Rule: Thirty-one days after filing. Purpose: The manifestation of violence and intimidation observed in on-campus demonstrations in Washington state and across the United States necessitated amendments 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. Citation of Rules Affected by this Order: Amending WAC 516-24-130. Statutory Authority for Adoption: RCW 28B.35.120(12). Adopted under notice filed as WSR 18-04-104 on February 6, 2018. Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0. Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0. Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0. Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0. Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0. Date Adopted: April 13, 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.
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