(1) "Business day" means any day, Monday through Friday (excluding holidays), during which college offices are open.

(2) "College" means Bellingham Technical College.

(3) "College group or individual" means a group or individual that has a formal relationship with the college, such as a recognized employee group, a registered student group or organization, or an individual acting on behalf of the group or organization, as well as an individual who is a currently enrolled student or current employee.

(4) "College property" or "college facilities" means all buildings, structures, grounds, office spaces, or assets owned or controlled by the college, and the streets, sidewalks, parks, parking lots, and roadways within the boundaries of the property owned or controlled by the college.

(5) "First amendment activities" refers to any activity protected by the first amendment to the Constitution of the United States. Such first amendment activities may include, but are not necessarily limited to, informational picketing, petition circulation, the distribution of information leaflets or pamphlets, speech-making, demonstrations, rallies, noncontracted appearances of speakers, protests, meetings to display group feelings or sentiments, and other types of constitutionally protected assemblies to share information, perspective, or viewpoints. The following types of expressions are not permitted herein and are not protected by the first amendment:

(a) Obscene material, as defined by state and federal law;

(b) Defamation or libelous material, as defined by state law;

(c) Incitement of imminent lawlessness;

(d) Fighting words, as defined by federal law; and

(e) Speech or conduct that causes a material and substantial disruption of college activities.

(6) "Freedom of expression and assembly" means any activity protected by the first amendment to the Constitution of the United States and Article I, Sections 4 and 5 of the Washington state Constitution. It is the right of any member of the college community to express any point of view and to be free from harassment in such expression. It is the responsibility of those expressing opinions to respect the rights and property of others, to refrain from disrupting the normal operations of the college and to maintain lawful conduct. The right of free speech and expression does not include any activity that may endanger the safety of any member of the college community or visitors, or damage any of the facilities. Moreover, modes of expression (including electronic transmissions) that are unlawful or indecent or that are grossly offensive on matters such as race, color, national and ethnic origin, religion, sexual orientation, gender, age, disability, or veteran status are inconsistent with accepted norms of conduct of the college and are subject to the sanctions described in the student conduct code (chapter 495B-121 WAC) and college disciplinary policies and procedures.

(7) "Limited public forum areas" means areas of campus that the college has chosen to be available as spaces for freedom of expression and peaceable assembly as protected by the Constitution of the United States and the Washington state Constitution, subject to reasonable time, place, and manner restrictions as specified in WAC 495B-150-025. Limited public forum areas do not include:

(a) Classrooms or academic buildings utilized for scheduled educational programming with the exception that nothing herein shall be read to interfere between or with the academic freedom of the instructor and enrolled students to engage in educational programs;

(b) Reservable or scheduled property subject to the provisions herein;

(c) Private administrative or academic offices;

(d) Lavatory or maintenance facilities;

(e) Roadways or sidewalks necessary to permit the free flow of pedestrian, vehicular, emergency responder, or maintenance traffic; or

(f) Any other college property, on a case-by-case basis, where the reasonable application of time, place, and manner restrictions render the location inappropriate for expressive activities.

(8) "Noncollege group or individual" means a group or individual who do not have a formal relationship with the college including members of the general public. The term also includes members of these groups who are individually affiliated with the college who desire to use college property for personal, private, or noncollege group related activities.

(9) "Nonpublic areas" include, but are not limited to, classrooms, offices, meeting rooms, labs, shops, closets, and other workspaces primarily dedicated to college operations, and other areas designated by the college as a restricted access are to protect safety, security, or confidentiality.

(10) "Public area" refers to spaces on college property that are generally open to the public, such as primary entrance lobbies of buildings, exterior spaces, and lawns.

(11) "Restricted access areas" are locations on college property that are not open to the public and may or may not be marked with signage or other indicators.

(12) "Time, place, and manner" means reasonable limitations on the exercise of expressive rights that are neutral as to the content of expression and leave open alternative channels of expression.

As a public institution of higher education in the state of Washington, Bellingham Technical College recognizes and supports that freedom of expression and assembly are an indispensable quality of college life, and that active participation in political and social expression both enhances the education of the individual and contributes to the betterment of society. The college is committed to respecting and upholding the rights afforded by the first amendment of Constitution of the United States, including the right to free speech, petition, and to peaceably assemble, and that no act shall be undertaken by the college to abridge that freedom.

The college further recognizes that it has the obligation to maintain an atmosphere that allows it to carry out its broad missions of teaching, research, and public service in the course of normal operations of the college. As such, the college's property and facilities are reserved primarily for educational use including, but not limited to, instruction, research, public assembly of college groups, student activities, and activities directly related to the educational mission of the college. The public character of the college does not grant individuals or groups the right to substantially interfere with, or otherwise disrupt, the normal activities for and to which the college's facilities and property are dedicated by the state of Washington.

To achieve the objectives herein, it is essential that free expression be accomplished in a manner that allows for the orderly function of normal college operations. Thus, the time, place, and manner regulations set forth in this policy establish procedures and reasonable controls for the use of college property. 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 and noncollege groups who are interested in using the campus for purposes of constitutionally protected speech, assembly, or expression.

For general guidelines on the use of college facilities, see chapter 495B-140 WAC.

The rights herein exist in equal measure for each member of the college community and noncollege groups and individuals. They exist regardless of the professional stature or rank of the individual and regardless of the degree of acceptability among others of the views or opinions advocated. Each individual has the obligation to respect the rights of all members of the college community and noncollege groups and individuals.

College and noncollege groups and individuals may use the college's limited public forum area for those activities protected by the first amendment to the Constitution of the United States, subject to the requirements set forth herein.

(1) To achieve the objectives herein it is essential that freedom of expression and assembly be orderly and conducted in a time, place, and manner that allows for the orderly function of the college. As such, people using college property must comply with all federal, state, and local laws and applicable college policies, procedures, rules, and regulations. This includes prohibited conduct outlined in WAC 495B-121-265 as it applies to students, guests, and visitors (WAC 495B-121-240(4)). The following types of conduct are also hereby prohibited on or within property either owned, controlled, or operated by the college:

(a) Activities must not substantially and materially infringe on the rights and privileges of college employees, students, or college-affiliated groups;

(b) Use of sound amplification devices such as bullhorns, microphones, or loudspeakers is not permitted. Exceptions may be made by the designated administration officer in locations and at times that will not interfere with normal college operations;

(c) Refusal to comply with any lawful order to leave college property or any portion thereof;

(d) College property may not be used in furtherance of or in connection with illegal activity;

(e) No animals are permitted on college property except guide or service animals;

(f) No person may camp on college property, except for attendees of special events designed by the college.

(i) "Camp" means to remain overnight, to erect a tent or other shelter, or to use sleeping equipment, a vehicle, or a trailer camper, for the purposes of or in such ways as will permit remaining overnight.

(ii) This does not include employees who are required to work overnight.

(2) Any person persisting in such conduct after being requested to cease by college authorities shall be subject to disciplinary proceedings, trespass, or arrest and prosecution, as appropriate.

The use of the limited public forum area is subject to the following limitations:

(1) Location. The college has designated the McKeown Courtyard between G Building and Desmond McArdle Center as the sole limited public forum area for first amendment activities.

Noncollege groups and individuals may not use the interior of any college facility except as permitted under chapter 495B-140 WAC.

(2) Duration of events. Subject to the regulations and requirements herein, chapter 495B-140 WAC, and college policy, both college and noncollege groups and individuals may use the limited public forum area for first amendment activities between the hours of 7:00 a.m. and 10:00 p.m. throughout the year except during the following days of the year:

(a) The first week and the final exam week of each term;

(b) Kickoff and convocation weeks, (the two weeks immediately preceding each quarter); and

(c) Campus events that include the limited public forum area and/or adjacent spaces.

(3) Provide notice. College and noncollege groups or individuals who desire to use college property or a limited public forum area on a temporary basis for freedom of expression or assembly must adhere to applicable policies and laws and are requested to provide notice to the vice president of administrative services' office as outlined in WAC 495B-150-030.

(4) Distribution of materials. Signs and posters and visual displays must be placed only at locations authorized under, and in accordance with, WAC 495B-140-040 and college policy. Handbills, leaflets, pamphlets, flyers, and similar materials may be distributed only in relation to college sanctioned activities or for purposes of freedom of expression.

(a) Materials may not be distributed in a manner that results in littering or requires college resources for disposal.

(b) If groups or individuals intend to set up free-standing objects on college property, notice must be given as directed in WAC 495B-150-030 and in accordance with chapter 495B-140 WAC.

(5) The group or individual utilizing the limited public forum area must return all college property to its original condition after use and may be subject to inspection by a college representative after the activity. Reasonable charges may be assessed against a group or individual for the costs of cleaning up the condition of the property beyond reasonable wear and tear or for the repair of damaged property.

(6) The college president or designee may specify reasonable additional fire, safety, law enforcement, sanitation, cleanup, insurance, and other risk- or impact-mitigating requirements for the use of the limited public forum area, and the group or individual utilizing the limited public forum area must meet those requirements.

(1) The group or individual desiring to use the limited public forum area to engage in first amendment activities is requested to provide notice of the intended use to the vice president of administrative services' office.

(a) Protecting impromptu and spontaneous peaceable assembly for the purposes of expression, protest, and dissent is essential to fulfilling the college's commitment to freedom of expression and assembly. Thus, the lack of notice to use college property by a college group or individual is not necessarily a sole basis for terminating any expressive activity, including impromptu activities, unless the activity conflicts with a previously scheduled event in the same location, disrupts normal college operations, or is in violation of law and/or college policy.

(b) College groups or individuals shall provide notice not less than 24 hours prior to use. However, use may be permitted with less notice so long as the use does not interfere with any other functions or college operations.

(c) Noncollege groups or individuals shall provide notice not less than five business days prior to use. However, use may be permitted with less notice so long as the use does not interfere with any other functions or college operations.

(2) The notice must contain:

(a) The contact information for the group or individual that will conduct the event, including group name, contact person's name, address, email address, and telephone number;

(b) The date and time for the use of the limited public forum area for first amendment activities;

(c) The nature and purpose of the first amendment activities; and

(d) The estimated number of people expected to attend the first amendment activities, both as participants and spectators.

(1) Use of college property for first amendment activities by college and noncollege groups and individuals is subject to the requirements and limitations set forth herein and in WAC 495B-121-335.

(2) The president or the president's designee may apply time, place, and manner exceptions to limit, relocate, reschedule, terminate, cancel, or prohibit the use of college property for first amendment activities if they determine, after reasonable inquiry, that such action is reasonably necessary to prevent or stop:

(a) Harm or threat of harm to the safety of persons;

(b) Damage to property; or

(c) Disruption of college functions or operations.

(3) Any determination made under subsections (1) and (2) of this section are to be made without consideration of the content or message of the first amendment activities.

(4) Exception - Open public meetings. Nothing in these rules is intended to interfere with public participation in meetings of the college's governing board or associated student body that are required to be open to the public under the Open Public Meetings Act, chapter 42.30 RCW.

The use of college property for freedom of expression and assembly must comply with all requirements and limitations set forth herein. Groups or individuals who violate these regulations will be advised of the specific nature of violation, and, if they persist in the violation, may be directed to leave college property by a college administrator as per WAC 495B-140-060. Members of the college community (students, employees, and contracted partners) who do not comply with regulations outlined in this section and WAC 495B-140-060 will be reported to the appropriate college office or agency for action in accordance with WAC 495B-140-060(2), chapter 495B-121 WAC, and college policy.