Preproposal statement of inquiry was filed as WSR 12-19-089.
Title of Rule and Other Identifying Information: Chapter 504-31 WAC, Conduct on campus code.
Hearing Location(s): Lighty 405, WSU Pullman, Pullman, Washington, on February 28, 2013, at 4:00 p.m.
Date of Intended Adoption: March 22, 2013.
Submit Written Comments to: Ralph Jenks, Rules Coordinator, P.O. Box 641225, Pullman, WA 99164-1225, e-mail firstname.lastname@example.org, fax (509) 335-3969, by February 28, 2013.
Assistance for Persons with Disabilities: Contact Deborah Bartlett, (509) 335-2005, by February 26, 2013.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The university is adopting rules regarding conduct on campus that will be applicable to the university community.
Statutory Authority for Adoption: RCW 28B.30.150.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington State University.
Name of Agency Personnel Responsible for Drafting: Sharyl Kammerzell, Director, Legal Affairs, Special Counsel to the President, French Administration 422, Pullman, WA 99164-1048, (509) 335-4200; Implementation: Roger Patterson, Vice-President, Business and Finance, French Administration 442, Pullman, WA 99164-1045, (509) 335-5524; and Enforcement: William Gardner, Chief, WSU Police Department, 1535 N.E. Wilson Road, Pullman, WA 99164-7300, (509) 335-8548.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The rule has no impact on small business.
A cost-benefit analysis is not required under RCW 34.05.328. The university does not consider this rule to be a significant legislative rule.
January 23, 2013
Ralph T. Jenks
CONDUCT ON CAMPUS CODE
The above rights exist in equal measure for each member of the university community. 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 an obligation to respect the rights of all members of the university community.
This rule shall be read and applied together with any other applicable university policies and rules, in the event of a conflict more specific provisions shall take precedence. WAC 504-35-150 shall apply to violations of this rule.
(1) Conduct that intentionally and substantially obstructs or disrupts teaching or freedom of movement or other lawful activities on the university campus;
(2) Physical abuse of any person or conduct that unlawfully threatens imminent bodily harm or endangers the health or safety of any person on the university campus;
(3) Malicious damage to or malicious misuse of university property, or the property of any person where such property is located on the university campus;
(4) Refusal to comply with any lawful order to leave the university campus or any portion thereof;
(5) Possession or use of firearms, explosives, dangerous chemicals or other dangerous weapons or instrumentalities on the university campus. This prohibition does not apply to possession of such items for authorized university purposes; possession of such items by authorized law enforcement officers; individuals who have obtained prior written approval from the university chief of police, president, or designee; or lawful possession of firearms by persons other than students in privately owned vehicles while on any university campus.
(6) Unlawful possession, use, distribution, or manufacture of alcohol or controlled substances on the university campus or during university-sponsored activities;
(7) Intentionally inciting others to engage immediately in any of the conduct prohibited herein, which incitement leads directly to such conduct. (Inciting is advocacy that prepares the group addressed for imminent action and steels it to the conduct prohibited herein.)