WSR 18-19-106
[Filed September 19, 2018, 11:55 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 18-16-021.
Title of Rule and Other Identifying Information: Replace chapter 132N-153 WAC, First amendment activities for Community College District 14, with new WAC.
Hearing Location(s): On November 14, 2018, at 5:00 p.m., at Clark College, Gaiser Hall, Room 213, 1933 Ft. Vancouver Way, Vancouver, WA 98663.
Date of Intended Adoption: November 14, 2018.
Submit Written Comments to: Bob Williamson, Vice President of Administrative Services, Clark College, Baird Hall 161, 1933 Ft. Vancouver Way, Vancouver WA 98663, email, fax 360-992-2884, by November 7, 2018.
Assistance for Persons with Disabilities: Contact Megan Jasurda, phone 360-992-2065, fax 360-992-2879, TTY video phone 360-991-0901, email, by November 7, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed new rule replaces existing chapter 132N-153 WAC with new language regarding time, place and manner of first amendment activities.
Reasons Supporting Proposal: The state attorney general's Vancouver office drafted and recommended a new model administrative code to clarify regulations regarding time, place and manner of first amendment activities on Clark College property.
Statutory Authority for Adoption: RCW 28B.50.140.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Clark College, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Bob Williamson, Clark College, Baird Hall 161, 1933 Ft. Vancouver Way, Vancouver, WA 98663, 360-992-2123.
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. Costs associated with implementing and enforcing the proposed rule are already accounted for in the college's budget.
The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. No impact on small businesses if proposed code is adopted.
September 19, 2018
Bob Williamson
Vice President of
Administrative Services
AMENDATORY SECTION(Amending WSR 12-19-020, filed 9/7/12, effective 10/8/12)
WAC 132N-153-010Title.
WAC 132N-153-010 through ((132N-153-090))132N-153-150 shall be known as use of Community College District 14 facilities by college groups and noncollege groups for first amendment activities.
WAC 132N-153-100Definitions.
(1) "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.
(2) "College facilities" includes all buildings, structures, grounds, office space, and parking lots.
(3) "Expressive activity" includes, but is not necessarily 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.
WAC 132N-153-110Statement of purpose.
Clark Community College District 14 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. Groups or individuals who are invited or permitted to engage in first amendment activities at the college do not represent an endorsement by Clark College or the board of trustees.
The purpose of the time, place and manner regulations set forth in this procedure 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 132N-153-120Use of facilities.
(1) Subject to the regulations and requirements of this policy, groups may use the college's limited forums for expressive activities between the hours of 7:00 a.m. and 10:00 p.m.
(2) Groups are encouraged to notify the college safety and security 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.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
(8) The event must not materially infringe on the rights and privileges of college students, employees or invitees to the college.
(9) 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.
(10) 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.
(11) The event must also be conducted in accordance with any other applicable college policies and regulations, local ordinances, and state or federal laws.
WAC 132N-153-130Additional requirements for noncollege groups.
(1) 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.
(2) Noncollege groups may otherwise use college facilities for expressive activity as identified in this procedure.
(3) The college designates the following area(s) as the sole limited public forum area(s) for use by noncollege groups for expressive activity on campus:
(a) The public use areas may be scheduled. Scheduled groups have priority of use over unscheduled groups:
(i) On the college's main campus, the limited public forum is located on the circle pad approximate to the sun dial.
(ii) A secondary location is available on the lawn area south of the Japanese garden.
(iii) The limited public forum at Clark College at the Columbia Tech Center is the circle pad west of the main entry door.
(iv) The limited public forum location at the Clark Center at WSU Vancouver will be determined by WSU Vancouver policy.
(b) Please contact the vice president of administrative services for more information.
(4) Noncollege groups that seek to engage in expressive activity on the designated public use area(s) are encouraged to provide notice to the college safety and security 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.
(5) When using 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.
(6) 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.
WAC 132N-153-140Distribution of materials.
College groups may post information on bulletin boards, kiosks and other display areas designated for that purpose, and may distribute materials throughout the open areas of campus. Noncollege groups may distribute materials only at the site designated for noncollege groups. The sponsoring organization is encouraged, but not required to include its name and address on the distributed information. Postings must be date stamped and may be displayed no longer than thirty calendar days.
WAC 132N-153-150Trespass.
(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 college 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 accordance 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 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 administrative services or designee will be the final decision of the college and should be issued within five work days.
The following sections of the Washington Administrative Code are repealed:
WAC 132N-153-020
Statement of purpose.
WAC 132N-153-030
WAC 132N-153-040
Request for use of facilities.
WAC 132N-153-050
Additional requirements for noncollege groups.
WAC 132N-153-060
The role of the president in first amendment decisions.
WAC 132N-153-070
Criminal trespass.
WAC 132N-153-080
Posting of a bond and hold harmless statement.
WAC 132N-153-090