WSR 19-15-040
[Filed July 11, 2019, 2:57 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 19-11-089.
Title of Rule and Other Identifying Information: WAC 132R-117-020 Trespass.
Hearing Location(s): On September 4, 2019, at 4:00 p.m., at the ATEC Building, Simplot A, 7662 Chanute Street N.E., Moses Lake, WA.
Date of Intended Adoption: September 5, 2019.
Submit Written Comments to: Melinda Dourte, 7662 Chanute Street N.E., Moses Lake, WA 98837, email, fax 509-766-6355, by August 28, 2019.
Assistance for Persons with Disabilities: Contact Loralyn Allen, phone 509-793-2027, fax 509-766-6355, TTY 509-793-2325, email, by August 28, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Updates to process.
Reasons Supporting Proposal: Updating process.
Statutory Authority for Adoption: RCW 28B.50.140.
Rule is not necessitated by federal law, federal or state court decision.
Name of Agency Personnel Responsible for Drafting: Melinda Dourte, 7662 Chanute Street N.E., Moses Lake, WA, 509-793-2001; Implementation and Enforcement: Terrence Leas, 7662 Chanute Street N.E., Moses Lake, WA, 509-793-2077.
A school district fiscal impact statement is not required under RCW 28A.305.135.
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 only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect.
July 11, 2019
Melinda Dourte
Executive Assistant
to the President
AMENDATORY SECTION(Amending WSR 03-15-063, filed 7/14/03, effective 8/14/03)
WAC 132R-117-020Trespass.
(1) The president of the college, or ((his/her designee is authorized in the instance of any event that is deemed to be unreasonably disruptive of order or which impedes the movement of persons or vehicles or which seems to disrupt the ingress and/or egress of persons from facilities owned and/or operated by the college, then the president or his/her designee shall have the power and authority subject to the students' right of demonstration as guaranteed pursuant to WAC 132R-04-040 to:
(a) Prohibit the entry of, or withdraw the license or privilege of any person or persons or any group of persons to enter onto or remain upon all or any portion of a college facility which is owned and/or operated by the college; or
(b) Give notice against trespass by any manner specified in chapter 9A.52 RCW to any person, persons, or group of persons against whom the license or privilege has been withdrawn or who have been prohibited from entering onto or remaining upon all or any portion of a college facility, which college facility is owned and/or operated by the college; or
(c) Order any person, persons or group of persons to leave or vacate all or any portion of a college facility which is owned and/or operated by the college.
(2) Any student who shall disobey a lawful order given by the president or his/her designee pursuant to the requirements of this rule, may be subject to criminal prosecution and may be subject to disciplinary action))the president's designee, has the authority to grant, deny, or withdraw permission for people to be on college property. Any individual who is on college property must comply with college rules. Access to college property may be limited to certain times, certain uses, or certain groups of people. People who are on college property or within a college building without permission may be ordered to leave by any college official.
(2) People who remain on college property without permission, who disrupt college activities, interfere with people's ability to access buildings, or whose conduct threatens the health, safety, or security of anyone on campus may be removed from college property and given a twenty-four-hour trespass notice by the president, the president's designee, or a member of campus security.
(3) In the event a person's conduct continues to threaten the health, safety, or security of anyone on campus, the president or president's designee may trespass the person from college property for up to one year, except expelled students may permanently be trespassed from campus. Any prior license or privilege to be on college property is revoked by the notice of trespass.
(4) A person who is trespassed from college property shall be given a written notice of trespass identifying:
(a) The reason why the person is being trespassed;
(b) The duration and scope of the trespass;
(c) The method for appealing the notice; and
(d) A warning that failing to comply with the notice may result in the person's arrest and criminal charges under chapter 9A.52 RCW.
(5) Appeals.
(a) If a current student is trespassed from campus, the initial trespass notice is considered a summary suspension under WAC 132R-04-064 and the student will receive an emergency appeal hearing under WAC 132R-04-064 with the conduct review officer as defined in WAC 132R-04-015(2). The authority to bar students from college property in this regulation is separate from and in addition to the authority of the student conduct officer as defined in WAC 132R-04-015(1). At the conclusion of the entire student conduct process, a student who is expelled may be permanently trespassed from college property in accordance with WAC 132R-04-063(11).
(b) If a current employee is trespassed from a particular portion of campus that the employee does not need to access to perform his or her job (e.g., ejected from DeVries Activity Center during a basketball game), the employee can appeal the decision under (c) of this subsection. If an employee is trespassed from all college property because his or her conduct threatens the health, safety, or security of anyone on campus, the employee will be considered to have been placed on paid administrative leave by issuance of the trespass notice and the college will follow its normal employment processes for investigating the alleged behavior and determining what level of discipline, if any, is appropriate.
(c) All other persons who have been removed or trespassed from university property may appeal the decision by submitting to the president or president's designee, by certified mail, a letter stating the reasons the person should not be barred from college property within twenty-one days of issuance of the trespass notice. The trespass notice will remain in effect during the pendency of any review period. The president or president's designee shall review all relevant information and issue a written order affirming, modifying, or revoking the trespass within twenty days after the request for review is received. This decision is the college's final decision.