WSR 01-22-016PROPOSED RULES
CLARK COLLEGE
[
Filed October 26, 2001,
2:39 p.m.
] Original Notice.
Preproposal statement of inquiry was filed as WSR 01-18-026.
Title of Rule: Chapter 132N-150 WAC, College facilities.
Purpose: To establish regulations governing the use of
college facilities.
Statutory Authority for Adoption: RCW 28B.50.140.
Statute Being Implemented: RCW 28B.50.140.
Summary: Repealing WAC 132N-144-010 and 132N-144-020.
Adopt new rule to update, correct, and complete regulations for
use of college facilities.
Reasons Supporting Proposal: Existing rule is out of date,
inaccurate and incomplete.
Name of Agency Personnel Responsible for Drafting,
Implementation and Enforcement: Tony Birch, Clark College, (360)
992-2123.
Name of Proponent: Clark College, public.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: In order to facilitate the public's use of college facilities,
rules are necessary to provide for the safety of students, the
public, and college employees, and to protect the college's
(state) investment in these facilities. The existing rules
(chapter 132N-144 WAC) are out of date, inaccurate and
incomplete. They need to be rescinded and replaced with chapter 132N-150 WAC.
Proposal Changes the Following Existing Rules: Replaces
chapter 132N-144 WAC.
No small business economic impact statement has been prepared under chapter 19.85 RCW.
RCW 34.05.328 does not apply to this rule adoption.
Hearing Location: Board Room, Baird Administration
Building, Clark College, 1800 East McLoughlin Boulevard,
Vancouver, WA, on December 17, 2001, at 4 p.m.
Assistance for Persons with Disabilities: Contact M. Talley
by December 10, 2001, (360) 992-2847.
Submit Written Comments to: Tana Hasart, fax (360)
992-2871, by December 3, 2001.
Date of Intended Adoption: January 28, 2001 [2002].
October 22, 2001
Tana L. Hasart
President
OTS-5206.1
REPEALER
The following chapter of the Washington Administrative Code is repealed:
| WAC 132N-144-010 |
Board policy statement -- Rental
regulations (campus facilities). |
| WAC 132N-144-020 |
Administrative procedures -- Rental
regulations (campus facilities). |
OTS-5143.1
Chapter 132N-150 WACCOLLEGE FACILITIES
NEW SECTION
WAC 132N-150-010
General. Use of college facilities.
The
college is committed to providing quality educational and
cultural services to the college district. On this basis,
college facilities are made available for use by organizations
conducting educational, cultural, civic, or community activities.
College-related activities of public educational, cultural,
civic, or community service nature are given first priority
consideration for the use of college facilities. College facilities may be rented by for-profit, private, or
not-for-profit entities, provided that the activity does not
conflict with college functions and that charges reflecting the
full cost of the facility usage are paid.
College facilities may not be used in ways that interfere
with the college's teaching, research, public service, or support
programs; conflict with published rules or regulations; or
interfere with the flow of pedestrian or vehicular traffic.
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NEW SECTION
WAC 132N-150-020
Nondiscrimination.
The college reserves
the right to deny an application by any group, organization, or
individual that discriminates in membership or limits
participation in a manner inconsistent with the college's
nondiscrimination policy.
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NEW SECTION
WAC 132N-150-030
Administrative control.
The board of
trustees delegates to the president authority to establish
policies and procedures for proper review and approval of the use
of college facilities, to establish regulations governing such
use, and to establish and revise fee schedules for facilities
use. Such policies and procedures may include, but are not
limited to, building security, advertising or promotion, signage,
use of bulletin boards and display racks, and the sale or
distribution of retail and public information materials.
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NEW SECTION
WAC 132N-150-040
Reservations/fees.
Reservations/fees and
financial arrangements are made through the facilities use office
and are not final until approved by that office. Exemptions to
the published rental fee schedule may be authorized by the
president or designee, if deemed to be in the best interests of
the college, its faculty, staff, or students.
[]
NEW SECTION
WAC 132N-150-050
Responsibility/hold harmless.
All groups
using college facilities must identify one person or
representative who is legally responsible for theft, damage, or
claims to college equipment and/or facilities. This
representative must report any damage or claims to the facilities
use office. Permission to use college facilities is with the express
understanding and condition that the individual or organization
assumes full responsibility for any loss, damage, or claims
resulting from such use and agrees to hold harmless and indemnify
the college against any loss or damage claim arising out of such
use.
[]
NEW SECTION
WAC 132N-150-060
Proof of insurance.
When an event in or
on college facilities or grounds involves physical activity, or
otherwise increases the risk of bodily injury above the level
inherent in the facility to be used, the college may require
users to furnish proof of liability insurance naming the college
as an additional insured, with limits of not less than one
million dollars per occurrence, prior to approval for the
requested use.
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NEW SECTION
WAC 132N-150-070
Occupancy.
At no time may the occupancy
of a college facility exceed the maximum occupancy as defined by
the fire marshal; the fire, life, and safety code; or as posted
by the college. Building occupants are required to comply with all fire,
health, and safety rules and regulations. When a building is
occupied, required exits and aisles may not be blocked or
rendered inoperable.
[]
NEW SECTION
WAC 132N-150-080
Student occupancy and use.
Students have
the right of access to college facilities, subject to ordinary
schedules, regulations, and administrative procedures governing
each facility. When using college facilities, students have the
responsibility to respect regulations and to comply with the
spirit and intent of facilitating the educational purposes of the
college. Students are subject to WAC 132N-120-065, Denial of
access to Clark College.
[]
NEW SECTION
WAC 132N-150-090
Commercial use/solicitation.
The use of
college grounds or facilities for commercial or private gain is
prohibited except where commercial activity, such as the sale of
books, instructional supplies, or food, directly supports an
instructional program or purpose or where limited sale is
specifically authorized by written permission of the president or
designee for the benefit of an approved college activity. The distribution of materials on college property is subject
to reasonable limitations as to time, place, and manner that are
consistent with applicable federal and state law. Material that
contains or constitutes unprotected speech or expression is not
permitted on college property.
Solicitation in or on college-owned or college-operated
facilities is expressly prohibited (unless at the specific
request of the person or group being solicited) except by written
permission of the president or designee, or when conducted
pursuant to a contract, lease, or other formal arrangement with
the college.
[]
NEW SECTION
WAC 132N-150-100
Bulletin boards.
The college intends
bulletin boards to be an effective means of communicating to
students and employees important information from the college,
college organizations, or public agencies serving students.
Bulletin boards are not ordinarily to be used for commercial
advertising.
[]
NEW SECTION
WAC 132N-150-110
Campus building exteriors/promotional
materials and banners.
Hanging signs, banners, or flyers on
campus building exteriors and grounds, or otherwise marking
campus surfaces for advertising or promotion, is prohibited. The
facilities use office may authorize the use of outside banners at
specified locations.
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NEW SECTION
WAC 132N-150-120
Responsibility for personal property.
The
college is not responsible for loss or damage to personal
property brought onto the campus.
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NEW SECTION
WAC 132N-150-130
Alcohol consumption.
Consumption of
alcoholic beverages in or on college-owned or college-operated
facilities is expressly prohibited unless approved by the
president or designee. All groups qualifying for use of alcoholic beverages must
adhere to the rules and regulations set forth by the Washington
state liquor control board and the Clark College board of
trustees.
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NEW SECTION
WAC 132N-150-140
Food and beverages.
Consumption of food
and beverages may be prohibited in or on certain college
facilities or grounds at the option of the administration.
[]
NEW SECTION
WAC 132N-150-150
Children on campus.
Other than usage
associated with the college's services for children and families
and other specific college-sponsored programs for children, the
general policy of the college is that its facilities are not
available for unrestricted usage by children under sixteen years
of age. In no cases are children permitted in college-owned or
college-operated facilities (including the library, food services
areas, lounges, and study areas) without supervision by an adult. Children are not to be left unattended on campus grounds or
in vehicles.
Children are permitted in classrooms only with the specific
approval of the faculty member responsible for the class, on an
emergency basis and for a specified, limited period of time.
[]
NEW SECTION
WAC 132N-150-160
Animals on campus.
All animals (other
than laboratory animals) on campus must be under the immediate
physical control of the owner at all times, e.g., on leash or
carried. Animals cannot be tied to buildings or fixtures, left
unattended, or permitted to run at large on campus. Animals must
remain outside campus buildings, with the exception of guide or
service dogs and laboratory animals. Large animals are not
allowed on campus grounds unless specifically approved by the
president. A formal complaint may be filed with Clark County
animal control authorities against violators of these rules.
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NEW SECTION
WAC 132N-150-170
Climbing on college buildings.
College
buildings, structures, and grounds may not be used for climbing,
rappelling, jumping, or other such activities.
[]
NEW SECTION
WAC 132N-150-180
Electronic devices.
Radio transmitters,
bull horns, amplifiers, and other electronic devices that disrupt
college programs or operations are prohibited on college
property.
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NEW SECTION
WAC 132N-150-190
Fireworks.
The use or discharge of
fireworks as defined in RCW 70.77.126, Definitions -- "Fireworks,"
is prohibited on or in facilities and grounds owned or operated
by the college except in limited areas designated by the
president or designee.
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NEW SECTION
WAC 132N-150-200
Overnight use.
No person shall remain
overnight on or in college property or facilities without the
express written permission of the president or designee. This
policy does not apply to employees specifically directed by their
supervisors to work a graveyard shift. Individuals remaining on
or in college property or facilities overnight must contact the
security/safety office.
[]
NEW SECTION
WAC 132N-150-210
Temporary structures.
The erection of
tents, awnings, canopies, or similar structures must be cleared
with the security/safety office.
[]
NEW SECTION
WAC 132N-150-220
Recreational devices.
The use of
skateboards, snowmobiles, roller skates, snow sleds, snow boards,
scooters, roller blades, and other recreational devices that
present a safety hazard or have the potential to damage college
property is prohibited.
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NEW SECTION
WAC 132N-150-230
Smoking.
The inhaling, exhaling, burning,
or carrying of any lighted smoking equipment, including
cigarettes, cigars, or pipes, is prohibited in the interior of
all buildings and vehicles owned or operated by the college. The
use of other tobacco products, such as smokeless or chewing
tobacco, in college facilities is also prohibited. In addition,
smoking is prohibited at any outside areas or locations that may
directly or indirectly affect the air supply of buildings or
carry smoke into buildings.
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NEW SECTION
WAC 132N-150-240
Weapons on campus.
Weapons, unless
otherwise permitted by law, are not permitted on the college
campus, at any other facilities leased or operated by the
college, or at any activity under the administration or
sponsorship of the college. Exceptions to this policy are permitted when the weapon is
used in conjunction with an approved college instructional
program or is carried by a duly commissioned law enforcement
officer or campus security officer.
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NEW SECTION
WAC 132N-150-250
Denial/revocation.
The college reserves
the right to deny any application or to revoke any rental
agreement at any time if actions resulting from the application
or permission constitute unlawful activity or, in the judgment of
the administration, present imminent danger or unlawful activity;
or if a prospective user has previously violated the provisions
of rules and regulations of the college; or if activities, in the
judgment of the president or designee, conflict with, directly
compete with, or are incompatible with the programs or mission of
the college.
[]
NEW SECTION
WAC 132N-150-260
Denial/trespass.
When faced with a
situation that he/she judges to be disruptive to the order of the
college, to impede the movement of persons or vehicles, or to
interfere with the ingress and/or egress of persons from college
facilities, the president or designee has the authority to:
Advise individuals or groups of the specific nature of any
violation; request such individuals to leave college premises; or
prohibit the entry or withdraw the license, privilege, or permit
of any individual or group to enter or remain in or on any
portion of a college facility. Individuals who persist in
disruptive or unlawful conduct or remain upon college premises
will be subject to arrest under chapter 9A.52 RCW, Burglary and
trespass.
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NEW SECTION
WAC 132N-150-270
Violation and/or termination of facilities
use agreement.
The college, at its discretion, has the right to
cancel and terminate a contract or revoke any permit for
facilities use immediately and without notice upon its discovery
of a violation of any term, condition, or provision listed within
college procedures. Individuals in violation will be advised of
the specific nature of the violation. If they persist in the
violation, they will be requested to leave college property.
Failure to comply with the request to leave may subject such
individuals to arrest under provisions of the criminal trespass
statute or other applicable laws and civil sanctions.
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NEW SECTION
WAC 132N-150-280
Appellant process.
A facilities use
decision may be appealed to the vice-president of administrative
services. This section applies only if a specific appeal
procedure has not otherwise been provided, e.g., chapter 132N-156 WAC, Parking and traffic rules and regulations, or chapter 132N-120 WAC, Code of student conduct. Upon receipt of an appeal, the vice-president will conduct a
brief adjudicative proceeding.
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