WSR 01-05-086

PROPOSED RULES

WESTERN WASHINGTON UNIVERSITY


[ Filed February 20, 2001, 11:14 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-12-012.

Title of Rule: General conduct.

Purpose: Expand conduct to include persons other than students; place external affairs in new chapter 516-25 WAC.

Statutory Authority for Adoption: RCW 28B.35.120(12).

Summary: The university police are named instead of the outdated campus security title; conduct on campus issues to include persons other than students; cashier's office reference deleted; external affairs given its own chapter.

Reasons Supporting Proposal: Update wording.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: G. Pierce, Vice-President Business Affairs, OM 400, Western Washington University, Bellingham, WA 98225, (360) 650-3180.

Name of Proponent: Western Washington University, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Updates university's general conduct policy; deletes reference to cashier's office; gives external affairs a separate WAC chapter.

Proposal Changes the Following Existing Rules: See Summary, Reasons Supporting Proposal and Explanation of Rule above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. No monetary implications are attached; no costs imposed on small business through adoption of these changes and amendments.

RCW 34.05.328 does not apply to this rule adoption. Rules relate to internal governmental operations.

Hearing Location: Western Washington University, Old Main 340, 516 High Street, Bellingham, WA 98225, on March 27, 2001, at 11 a.m.

Assistance for Persons with Disabilities: Contact Gloria McDonald by March 22, 2001, TDD (360) 650-3725.

Submit Written Comments to: Gloria McDonald, fax (360) 650-6197, by March 22, 2001.

Date of Intended Adoption: April 5, 2001.

February 16, 2001

Gloria A. McDonald

Rules Coordinator

OTS-4672.1


AMENDATORY SECTION(Amending WSR 90-10-042, filed 4/27/90, effective 5/1/90)

WAC 516-24-001   Conduct of campus guests and visitors.   (1) The rules and regulations prescribed in this Title 516 WAC shall be observed by guests and visitors while on the campus, or other university property.

     (2) Guests and visitors on campus or other university property who willfully refuse to obey an order of a ((uniformed campus security)) university police officer or other law enforcement officer to desist from conduct prohibited by such rules and regulations may be ejected from the premises. Refusal to obey such an order will subject the person to arrest under the provisions of the Criminal Trespass Act, in addition to such other sanctions as may be applicable.

[Statutory Authority: RCW 28B.35.120(12), 34.05.220 (1)(b), 34.05.250, 28B.15.600, 42.17.310, 42.30.070 - 42.30.075, chapters 69.41 and 43.21C RCW. 90-10-042, § 516-24-001, filed 4/27/90, effective 5/1/90; Order 72-10, § 516-24-001, filed 11/17/72.]


AMENDATORY SECTION(Amending Order 72-10, filed 11/17/72)

WAC 516-24-110   Vendor solicitation.   Door-to-door on-campus solicitation by vendors is prohibited. All unsolicited sales contacts shall be restricted to the purchasing office ((of the division of purchases)). Unauthorized solicitation or selling in the residence halls should be immediately reported to a member of the residence hall staff.

[Order 72-10, § 516-24-110, filed 11/17/72.]


AMENDATORY SECTION(Amending WSR 90-10-042, filed 4/27/90, effective 5/1/90)

WAC 516-24-130   Demonstrations.   The value of active participation in political and social issues is recognized by Western Washington University as enhancing the education of the individual and contributing to the betterment of American society. The rights of free speech, petition and assembly are fundamental to the democratic process guaranteed under the Constitution of the United States and will be promoted and respected at all times.

     The university further recognizes that it has an obligation to maintain on campus an atmosphere that allows the institution to perform the fundamental task of providing an opportunity for all members of the community to pursue knowledge through accepted academic processes.

     To achieve these objectives it is essential that demonstrations be orderly and conducted in a manner that allows the ((college to function toward its established goals)) orderly function of the university. Any ((student or group of students)) person or group of persons shall not, by their conduct, disrupt, disturb or interfere with:

     (1) Classroom activities and other educational pursuits;

     (2) Recognized university activities including, but not limited to, ceremonies, meetings, office functions or residence hall activities;

     (3) Pedestrian and vehicular traffic;

     (4) Preservation and protection of university property and personal property of individuals.

     Any person persisting in such conduct after being requested to cease by university authorities, shall be subject, as appropriate, to disciplinary proceedings or arrest and prosecution. ((Such disciplinary proceedings shall be by the appropriate campus justice committee, subject to final review, hearing, and decision by the president and the board of trustees.

     Where necessary for the preservation of order and to enforce the law, the president of the university or his or her designee is authorized to call upon law enforcement officers for assistance.))

[Statutory Authority: RCW 28B.35.120(12), 34.05.220 (1)(b), 34.05.250, 28B.15.600, 42.17.310, 42.30.070 - 42.30.075, chapters 69.41 and 43.21C RCW. 90-10-042, § 516-24-130, filed 4/27/90, effective 5/1/90; Order 72-10, § 516-24-130, filed 11/17/72.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 516-24-050 Community relations.
WAC 516-24-060 Alumni relations.
WAC 516-24-115 Business office -- Cashier.

OTS-4673.1

Chapter 516-25 WAC

EXTERNAL AFFAIRS


NEW SECTION
WAC 516-25-001   External affairs.   The office of external affairs shall be the principal office responsible for maintenance of current files concerning alumni information. Alumni mailing lists maintained by the university shall be confidential property of the university and shall not generally be provided to any other agency. Requests for lists for purposes of conducting legitimate educational research shall be subject to the review and approval of the office of external affairs and the office of the president.

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