SHORELINE COMMUNITY COLLEGE
[Filed August 20, 2018, 11:39 a.m.]
Preproposal statement of inquiry was filed as WSR 17-24-124.
Title of Rule and Other Identifying Information: Chapter 132G-136 WAC, Use of college facilities (repealed) and chapter 132G-137 WAC, Use of college facilities (created).
Hearing Location(s): On October 4, 2018, at 10:00 a.m., at Shoreline Community College, PUB Quiet Dining Room.
Date of Intended Adoption: October 24, 2018.
Submit Written Comments to: Veronica Zura, 16101 Greenwood Avenue North, Shoreline, WA 98133, email firstname.lastname@example.org, fax 206-546-5850, by October 4, 2018.
Assistance for Persons with Disabilities: Contact services for students with disabilities, phone 206-546-4545, fax 206-533-5109, TTY 206-546-4520, email email@example.com, by September 25, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The college is proposing the repeal of chapter 132G-136 WAC and the creation of chapter 132G-137 WAC to provide updated and clarifying language regarding the use of facilities at Shoreline Community College. The updated code incorporates new model language that implements best practices for the smooth operation of Shoreline Community College's buildings and grounds in support of our primary mission as an educational facility.
Reasons Supporting Proposal: Current language reflected in chapter 132G-136 WAC, Use of facilities, does not effectively clarify the rules for appropriate use for Shoreline's buildings and grounds. The updated language found in chapter 132G-137 WAC specifically identifies and provides direction for a variety of potential requests related to the use of college facilities.
Rule is not necessitated by federal law, federal or state court decision.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Stuart Trippel, Administration Building 1000, Room 1016, 206-546-4672.
A school district fiscal impact statement is not required under RCW 28A.305.135
. A statement is not required for this college rule under RCW 19.85.030
A cost-benefit analysis is not required under RCW 34.05.328
. The cost-benefit analysis in RCW 34.05.328
does not apply to this college rule.
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.
August 20, 2018
Chapter 132G-137 WAC
USE OF COLLEGE FACILITIES
WAC 132G-137-010Use of college facilities.
Shoreline Community College is a learning organization within higher education provided and maintained by the people of the state. The college's buildings, properties, and facilities shall be reserved at all times for activities related directly to its cultural, educational, or recreational pursuits.
WAC 132G-137-020Limitation of use to school activities.
The college buildings, properties, and facilities, including those assigned to student programs, may be used only for:
(1) The regularly established teaching, research, or public service activities of the college and its departments or related agencies.
(2) Cultural, educational, or recreational activities of the students or of the employees.
(3) Short courses, conferences, seminars, or similar events, conducted either in the public service or for the advancement of specific departmental professional interests, when arranged under the sponsorship of the college or its departments.
(4) Cultural or professional events open to the public by:
(a) K-12 and universities;
(b) State or federal agencies;
(c) Charitable agencies; or
(d) Civic or community organizations whose activities are of a character appropriate to the college.
(5) College facilities shall be assigned to student organizations for regular business meetings, social functions and for programs open to the public. Any recognized campus student organization may invite speakers from outside the campus community. In conformance with state guidelines, the appearance of an invited speaker on campus does not represent an endorsement by the college, its students, faculty, administration or the board of trustees, whether implicit or explicit, of the speaker's views.
(6) Reasonable conditions may be imposed to regulate the timeliness of requests, to determine the appropriateness of space assigned, time of use, and to insure the proper maintenance of the facilities. Subject to the same limitations, college facilities shall be made available for assignment to individuals or groups within the college community. Such arrangements must be made through the designated administrative officer. Allocation of space shall be made in accordance with published college regulations and on the basis of time, space availability, priority of request and the demonstrated needs of individuals or groups.
(7) Use of space shall not interfere with regularly scheduled classes or activities. Any damage to the assigned facilities may result in limitation of future allocation of space to the offending parties. Charges may be imposed for any damage, or for unusual costs associated with the use of the facility. Individuals or groups requesting space will be required to state in advance the general purpose of any meeting. If any charge or collection of funds is contemplated, advance permission from the party giving authority for space allocations will be required.
WAC 132G-137-030Limitation 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.
(2) College facilities may be rented to private or commercial organizations or associations but shall not be rented to individuals or groups conducting programs for private gain, with the exception of programs which support or promote the educational interests of the college.
(3) College facilities are available to recognized student groups, subject to these general policies and to the rules and regulations of the college.
(4) In compliance with the college's weapons policy, the possession, carrying, or display of any weapon by any person, except a commissioned law enforcement officer, is prohibited on college property, in academic buildings, administrative office buildings, recreational facilities, dining facilities, child care facilities, or at any athletic, entertainment, or educational event.
(a) Any individuals or groups, including those visiting or conducting business with Shoreline Community College, found in possession of a firearm or other weapon knowingly or under circumstances in which the individual should have known that they were in possession of a weapon or firearm within college property or while otherwise fulfilling job or academic responsibilities may be banned from the college for such time and extent as the college determines appropriate. Firearms or other weapons include, but are not limited to, the following:
(i) Any weapon or device from which a projectile or projectiles may be ejected by explosive, such as gunpowder;
(ii) Any simulated or actual firearm operated by any mechanism, gas, or compressed air;
(iii) Any knife with a blade exceeding three inches in length and/or which opens or is ejected open by an outward, downward thrust or movement, or spring;
(iv) Any device, instrument, or object that is used with intent to cause or negligently results in risk of injury or damage to any person or property. Individuals or groups will be directed and required to remove their weapons or themselves from the college property or premises, with all appropriate legal actions being taken upon failure to comply.
(b) Individuals with a valid Washington state concealed weapons permit must keep any firearm in their vehicle locked and concealed from view while parked on campus in accordance with RCW 9.41.050
(c) The president or their designee may grant permission to bring a weapon elsewhere on campus upon a determination that the weapon is necessary for safety and security purposes. Such permission shall be in writing and shall be subject to such terms or conditions incorporated in the written permission.
(d) Possession and/or use of disabling chemical sprays for purposes of self-defense is not prohibited.
WAC 132G-137-040Administrative control.
The board hereby delegates to the president authority to set up administrative procedures for proper review of the use of college facilities; to establish, within the framework of these policies, regulations governing such use; and to establish rental schedules where appropriate.
(1) Individuals who are not students or employees and who violate the college's rules, or whose conduct threatens the safety or security of its students and employees will be advised of the specific nature of the violation, and if they persist in the violation, they will be requested by the president, or designee, to leave the college property. Such a request will be deemed to prohibit the entry of the college property, withdraw the license or privilege to enter onto or remain upon any portion of the college property by the person or group of persons requested to leave, and subject such individuals to arrest under the provisions of chapter 9A.52
(2) Members of the college community (students and employees) who do not comply with these regulations will be reported to the appropriate college office or outside 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 president 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 president or designee will be the final decision of the college and should be issued within five business days of receipt of the request to review the trespass notice.
WAC 132G-137-060Prohibited conduct at college facilities.
(1) State law relative to public institutions govern the use or possession of intoxicants on campus or at college functions. The use or possession of unlawful narcotics or drugs, not medically prescribed, on college property or at college functions, is prohibited. Students, staff and faculty who are obviously under the influence of intoxicants, unlawful drugs, or narcotics while in college facilities shall be subject to disciplinary action.
(2) A lottery or any other form of gambling is prohibited at Shoreline Community College.
(3) The smoking or vaping of tobacco is restricted by college policy, laws and regulations of the fire marshal to designated smoking areas only. The vaping or smoking of marijuana or herbal or chemical products, and the use of smokeless or chewing tobacco is prohibited at all times on campus.
(4) Destruction of property is also prohibited by state law in reference to public institutions.
WAC 132G-137-070Control of pets in college facilities.
Pets on the grounds of Shoreline Community College shall be in the physical control of their owner in accordance with Shoreline municipal code title 6.30.050 (leash law) at all times. Animals, except for service animals, are prohibited from entering buildings operated by Shoreline Community College except by the express written permission of the president or designee.
The following chapter of the Washington Administrative Code is repealed:
Rental of college facilities.
Authorization for use of facilities.
Presentation of media, distribution of materials, and posting of signs.
Distribution of materials—Off-campus organizations and nonstudents.
Student facilities or services—Appeals.
College events—Admission restrictions.
Physical education facility—Equipment stored in baskets.
Physical education facility—Dress regulations.
Off-campus student-invited speakers—Preamble.
Off-campus student-invited speakers—Rules for scheduling.