LOWER COLUMBIA COLLEGE
[Filed August 27, 2018, 9:37 a.m., effective September 27, 2018]
Effective Date of Rule: Thirty-one days after filing.
Purpose: Repealing chapter 132M-136 WAC and replacing with chapter 132M-139 WAC, Use of college facilities for expressive activities and chapter 132M-141 WAC, Rental of college facilities. This change is made to accommodate current practices and changes in case law regarding expressive activities on college campuses. The change designates certain areas of campus as public use areas, times of the day for use of these areas, and restrictions and requirements for use. The change modifies restrictions on distribution of materials on campus. The change modifies restrictions for rental of college facilities.
Citation of Rules Affected by this Order: New WAC 132M-139-100, 132M-139-105, 132M-139-110, 132M-139-115, 132M-139-120, 132M-139-125, 132M-139-130, 132M-141-100, 132M-141-105, 132M-141-110, 132M-141-115, 132M-141-120, 132M-141-125, 132M-141-130, 132M-141-135, 132M-141-140 and 132M-141-145; and repealing WAC 132M-136-020, 132M-136-030, 132M-136-050, 132M-136-060, 132M-136-080, and 132M-136-100.
Adopted under notice filed as WSR 18-12-093 on June 5, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 17, Amended 0, Repealed 6.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 22, 2018.
Vice President of Foundation
Human Resources and Legal Affairs
Chapter 132M-139 WAC
USE OF COLLEGE FACILITIES—EXPRESSIVE ACTIVITIES
This chapter shall be known as use of college facilities for expressive activities.
(1) "College facilities" includes all buildings, structures, grounds, office space and parking lots.
(2) "College groups" means individuals or groups who are currently enrolled students or current employees of the college, or guests of the college who are sponsored by a recognized student organization, employee organization, or the administration of the college.
(3) "Expressive activity" includes, but is not limited to, informational picketing, petition circulation, the distribution of informational leaflets or pamphlets, speech-making, demonstrations, rallies, appearances of speakers in outdoor areas, protests, meetings to display group feelings or sentiments and/or other types of assemblies to share information, perspective or viewpoints.
(4) "Noncollege groups" means individuals, or combinations of individuals, who are not currently enrolled students or current employees of the college and who are not officially affiliated or associated with, or invited guests of a recognized student organization, recognized employee group, or the administration of the college.
(5) "Public use areas" means those areas of each campus that the college has chosen to open as places where noncollege groups may assemble for expressive activity protected by the First Amendment, subject to reasonable time, place, or manner restrictions.
WAC 132M-139-110Statement of purpose.
Lower Columbia Community College District is an educational institution provided and maintained by the people of the state of Washington. College facilities are reserved primarily for educational use including, but not limited to, instruction, research, public assembly of college groups, student activities and other activities directly related to the educational mission of the college. The public character of the college does not grant to individuals an unlimited license to engage in activity which limits, interferes with, or otherwise disrupts the normal activities to which the college's facilities and grounds are dedicated. Accordingly, the college designates the common areas of the college as a limited public forum dedicated to the use of college groups, subject to the time, place, and manner limitations and restrictions set forth in this policy.
The purpose of the time, place, and manner regulations set forth in this policy is to establish procedures and reasonable controls for the use of college facilities. It is intended to balance the college's responsibility to fulfill its mission as a state educational institution of Washington with the interests of college groups seeking to assemble in common areas of the campus for expressive activity. The college recognizes that college groups should be accorded the opportunity to utilize the facilities and grounds of the college to the fullest extent possible. The college has designated certain facilities as public use areas open to noncollege groups as set forth herein.
WAC 132M-139-115Use of facilities.
(1) Subject to the regulations and requirements of this policy, groups may use the campus limited forums for expressive activities between the hours of 7:00 a.m. and 10:00 p.m.
(2) Any sound amplification device may only be used at a volume which does not disrupt or disturb the normal use of classrooms, offices or laboratories, or any previously scheduled college event or activity.
(3) Groups are encouraged to notify the campus public safety department no later than twenty-four hours in advance of an event. However, unscheduled events are permitted so long as the event does not materially disrupt any other function occurring at the facility.
(4) All sites used for expressive activity should be cleaned up and left in their original condition and may be subject to inspection by a representative of the college after the event. Reasonable charges may be assessed against the sponsoring organization for the costs of extraordinary cleanup or for the repair of damaged property.
(5) All fire, safety, sanitation, or special regulations specified for the event are to be obeyed. The college cannot and will not provide utility connections or hook-ups for purposes of expressive activity conducted pursuant to this policy.
(6) The event must not be conducted in such a manner to obstruct vehicular, bicycle, pedestrian or other traffic or otherwise interfere with ingress or egress to the college, or to college buildings or facilities, or to college activities or events. The event must not create safety hazards or pose unreasonable safety risks to college students, employees, or invitees to the college.
(7) The event must not substantially and materially interfere with educational activities inside or outside any college building or otherwise prevent the college from fulfilling its mission and achieving its primary purpose of providing an education to its students. The event must not materially infringe on the rights and privileges of college students, employees, or invitees to the college.
(8) There shall be no overnight camping on college facilities or grounds. Camping is defined to include sleeping, carrying on cooking activities, or storing personal belongings for personal habitation, or the erection of tents or other shelters or structures used for purposes of personal habitation.
(9) College facilities may not be used for commercial sales, solicitations, advertising or promotional activities, unless:
(a) Such activities serve educational purposes of the college; and
(b) Such activities are under the sponsorship of a college department or office or officially chartered student club.
(10) The event must also be conducted in accordance with any other applicable college policies and regulations, local ordinances and state or federal laws.
(11) Individuals or organizations in college facilities, buildings and grounds when campus is closed may be asked to leave if not participating in an activity sanctioned by chapter 132M-139 WAC. The college does not discriminate based on race, color, or national origin in the removal of individuals or organizations from campus. College hours may be found at lowercolumbia.edu/contact.
WAC 132M-139-120Additional requirements for noncollege groups.
(1) The college designates the following area as the sole limited public forum area for use by noncollege groups for expressive activity on campus: Quad area in front of admissions building. The public use area may be scheduled. Scheduled groups have priority of use over unscheduled groups.
(2) Noncollege groups that seek to engage in expressive activity on the designated public use area are encouraged to provide notice to the campus public safety office no later than twenty-four hours prior to the event, along with the following information solely to ensure:
(a) The area is not otherwise scheduled; and
(b) To give the college an opportunity to assess any security needs:
(i) The name, address, and telephone number of a contact person for the individual, group, entity, or organization sponsoring the event;
(ii) The date, time, and requested location of the event;
(iii) The nature and purpose of the event; and
(iv) The estimated number of people expected to participate in the event.
WAC 132M-139-125Distribution of materials.
(1) Information may be distributed as long as it is not obscene or libelous or does not advocate or incite imminent unlawful conduct. The sponsoring organization is encouraged, but not required, to include its name and address on the distributed information. Noncollege groups may distribute materials only at the site designated for noncollege groups.
(2) All college groups and noncollege groups wishing to post material on college bulletin boards shall contact the director of student programs.
(3) Any student who violates any provision of this section shall be subject to disciplinary action.
(4) Any distribution of materials regulated by established policies and authorized under this section by the director of student programs shall not be construed as support or approval of the content by the college or by the board of trustees of Washington Community College District No. 13.
WAC 132M-139-130Criminal trespass.
(1) Noncollege groups who violate these rules, any provision of the conduct code, or whose conduct jeopardizes the health or safety of others, will be advised of the specific nature of the violation, and if they persist in the violation, will be requested by the campus president or designee to leave the college property. Such a request will be deemed to withdraw the license or privilege to enter onto or remain upon any portion of the college facilities of the person or group of persons requested to leave, and subject such individuals to arrest under the criminal trespass provisions of chapter 9A.52
RCW or municipal ordinance.
(2) Members of the college community (students, faculty, and staff) who do not comply with these regulations will be reported to the appropriate college office or 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 vice president of administration or designee within ten calendar 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 vice president of administration or designee will be the final decision of the college and should be issued within five business days.
Chapter 132M-141 WAC
RENTAL OF COLLEGE FACILITIES
WAC 132M-141-100 through 132M-141-140 will be known as rental of college facilities.
WAC 132M-141-105Statement of purpose.
Lower Columbia College reserves its facilities, buildings and grounds for those activities that are related to its broad educational mission. As such, individuals or organizations in college facilities, buildings and grounds when campus is closed may be asked to leave if not participating in an activity sanctioned by chapter 132M-139 or 132M-141 WAC. College hours may be found at lowercolumbia.edu/contact. At other times, the college facilities may be made available to other individuals and organizations as stated in this chapter. The purpose of these regulations is to establish procedures and reasonable controls for the use of college facilities for noncollege groups and for college groups where applicable.
In keeping with this general purpose, and consistent with RCW 28B.50.140
(7) and (9), facilities should be available for a variety of uses which are of benefit to the general public if such general uses substantially relate to and do not interfere with the mission of the college. However, a state agency is under no obligation to make its public facilities available to the community for private purposes.
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 or public service programs.
Reasonable conditions may be imposed to regulate the timeliness of requests, to determine the appropriateness of space assigned, time of use, and to ensure 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 by either individuals or groups within the college community must be made through the designated facility rental coordinator.
College buildings, rooms, and athletic fields may be rented by noncollege groups in accordance with the college's facilities use policy. When renting college buildings or athletic fields, an individual or organization may be required to post a bond and/or obtain insurance to protect the college against cost or other liability in accordance with the college's facility use policy. When the college grants permission to use its facilities it is with the express understanding and condition that the individual or organization assumes full responsibility for any loss or damage.
Noncollege groups may otherwise use college facilities for expressive activity as identified in chapter 132M-139 WAC.
WAC 132M-141-115Request for use of facilities.
Requests to use college facilities shall be made to the designated facilities rental coordinator, who shall be the agent of the college in consummating use agreements.
WAC 132M-141-120Scheduling and reservation practices.
The primary purpose of college facilities is to serve the instructional programs of the college. However, the facilities, when not required for scheduled college use, may be available for use in accordance with current fee schedules and other relevant terms and conditions for such use.
College facilities may not be used by individuals or groups from outside the college unless the facilities including buildings, equipment, and land have been reserved.
In determining whether to accept a request for the use of college facilities, the designated facilities rental coordinator shall use as guidelines the mission of the college and the following items, listed in priority order:
(1) Lower Columbia College instruction, scheduled programs and activities.
(2) Major college events.
(3) Noncollege (outside individual or organization) events.
Arrangements for use of college facilities must be made through the designated facilities rental coordinator. Application for the use of facilities and grounds shall be made no later than ten working days prior to the date the event is scheduled to occur.
WAC 132M-141-125Limitations of use.
(1) Where college space is used for an authorized function (such as a class or a public or private meeting under approved sponsorship, administrative functions, or service-related activities), groups must obey or comply with directions of an authorized representative of the college.
(2) If at any time actual use of college facilities by an individual or group constitutes an unreasonable disruption of the normal operation of the college, such use shall immediately terminate, all persons engaged in such use shall immediately vacate the premises, and leave the college property upon command of the appropriate college official.
(3) Any individual or group granted permission to use college facilities shall agree in advance to abide by all college rules and regulations and all laws and ordinances. The college reserves the right to deny use of college facilities to any individual or group whose past conduct indicates likelihood that college rules and regulations will not be obeyed. The college may also deny use to a requesting individual or organization which has used the facilities in the past and has damaged college property, left college buildings and grounds in excessive disorder, or failed to cooperate with college staff concerning use of the facilities.
(4) No person may enter onto college grounds or facilities possessing a firearm or other dangerous weapon, even if licensed to do so, except duly appointed and commissioned law enforcement officers.
(5) Promotional materials or posting for any event being held in a college facility must follow the same procedure as outlined in WAC 132M-139-125.
(6) Use of audio amplifying equipment is permitted only in locations and at times that will not interfere with the normal conduct of college affairs.
(7) The college facilities may not be used for private or commercial purposes unless such activities clearly serve the educational mission of the college and are either sponsored by an appropriate college unit or conducted by contractual agreement with the college.
(8) Activities will not be approved if they involve the use of promotional signs or posters on buildings, trees, walls, or bulletin boards, or the distribution of samples or brochures in violation of WAC 132M-139-125.
(9) Alcoholic beverages will not be served without the approval of the vice president for administrative services or designee(s). It shall be the responsibility of the event sponsor to obtain all necessary licenses from the Washington state liquor and cannabis board and adhere to their regulations including all state and local regulations and laws, and those of Lower Columbia College.
(10) Authorization for use of college facilities shall not be considered as endorsement of or approval of any group or organization nor the purposes they represent. The name of the college shall not be associated with any program or activity for which the college facilities are used without specific written approval from the president or his or her designee(s).
(11) Rental of college facilities carries no right of advertising on college premises other than the right to post a sign for the purpose of directing people to the place of assembly.
(12) Unless otherwise provided by contractual agreement, an authorized member of the college staff shall be required to be available at times when college facilities are in use by a group. If service beyond normal business hours is required as a result of any meeting, such time shall be paid by the using organization at the currently established rate. The college may require and charge users for security services at the college's discretion.
(13) Audio-visual equipment and materials are intended to support and supplement the college's curriculum. Equipment shall not be rented to external users, unless official prior approval has been granted and currently established rates are charged. The existence of equipment in a rented space does not mean the user has the right to use it.
WAC 132M-141-130Denial of use.
Lower Columbia College is a state agency and exists to serve the public. However, the college may deny use of its facilities to any individual, group, or organization if the requested use would:
(1) Interfere or conflict with the college's instructional, student services, or support programs;
(2) Interfere with the free flow of pedestrian or vehicular traffic on campus;
(3) Involve illegal activity;
(4) Create a hazard or result in damage to college facilities; or
(5) Create undue stress on college resources.
The college president hereby delegates his or her designee(s) the right to cancel the facilities rental agreement at any time and to refund any payment to the college for the use of college facilities. If imminent danger exists or unlawful activity is practiced by the using organization, or if there is any violation of any term, condition, or provision of the use arrangement, the college may terminate an agreement immediately and without notice.
WAC 132M-141-135Other requirements.
When using college facilities, an individual or organization may be required to make an advance deposit, post a bond and/or obtain insurance to protect the college against cost or other liability.
When the college grants permission to an individual or organization to use its facilities, it is with the expressed understanding and condition that the individual or organization assumes full responsibility for any loss or damage resulting from such use and agrees to hold harmless and indemnify the college against any loss or damage claim arising out of such use.
WAC 132M-141-140Facility rental/use fees.
Fees will be charged in accordance with the rates available from the designated facilities rental coordinator. The college reserves the right to make pricing changes without prior written notice, except that such price changes shall not apply to facility use agreements already approved by the administration.
Nonprofit organizations such as, but not limited to, those directly concerned with public schools and those sponsored by public schools or affiliated organizations may be allowed reasonable use of college facilities without the payment of a rental fee.
The college reserves the right to have trained college staff operate any and all technical equipment at the user's expense. Rates and fees for use of facilities are available by contacting the designated facilities rental coordinator.
WAC 132M-141-145Outside speakers.
(1) The college subscribes to the proposition that an important aspect of the education of college students is the opportunity to listen to speakers representing a wide variety of opinions and beliefs on important public issues. The following is established governing the appearance on campus of speakers not themselves members of the college community.
(2) Any recognized ASLCC student organization with written sanction of the director of student programs, may invite individuals to speak on campus.
(3) The appearance of an invited speaker on the campus does not involve an endorsement, either implicit or explicit, of their views by this college, its students, its faculty, its administration, or its board.
(4) The vice president of student services will be notified at least ten days prior to the appearance of an invited speaker.
The following chapter of the Washington Administrative Code is repealed:
Distribution of materials policy.
Outside speaker policy.
Outside organizations meeting with students.
Use of college facilities.
Use of college services and equipment by outside groups.