WSR 17-20-012 EMERGENCY RULES THE EVERGREEN STATE COLLEGE [Filed September 22, 2017, 12:13 p.m., effective September 22, 2017, 12:13 p.m.] Effective Date of Rule: Immediately upon filing. Purpose: This filing establishes rules governing the use of designated public forums on the college campus, preserving the rights to engage in expressive activities while ensuring safety and fulfillment of the college's educational mission. Statutory Authority for Adoption: RCW 28B.40.120. Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest. Reasons for this Finding: Immediate adoption of these rules is necessary for the preservation of the public health, safety, and general welfare on The Evergreen State College campus and observing the time requirements of notice and opportunity to comment on adoption of a permanent rule would be contrary to public interest. Campuses throughout the nation have experienced unrest, violence and other unlawful acts that detract from the educational missions of these entities and harm individuals and the campus community as a whole. Last spring, several outside organizations converged on Evergreen's campus. Information about potential safety concerns and possible violence prompted the hiring of the Washington state patrol to manage safety and security during the event. This required significant expenditure of scarce college resources to protect against potential violence from entities with no connection to the college. Since that time UC Berkeley experienced violence when these same organizations were on their campus. University of Virginia, Georgia Tech, and other educational institutions have also experienced violence. The adoption of these rules are necessary to enable the college to foster free exchange of ideas subject to the reasonable time, place, and manner restrictions set out in this rule, while ensuring the health, safety and welfare of individuals on campus. Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0. Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0. Number of Sections Adopted on the Agency's own Initiative: New 7, Amended 0, Repealed 0. Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0. Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Date Adopted: September 22, 2017. John Carmichael Rules Coordinator
[NEW SECTION]
WAC 174-136-044 Use of college facilities for expressive activities
The Evergreen State College is an educational institution established and maintained by the people of Washington state to carry out the mission of teaching, research and public service. College facilities exist for the primary purpose of supporting that mission and related educational activities.
The college may also permit the use of facilities for other purposes so long as the use does not interfere with college activities. In such cases, the college may impose reasonable conditions on the time, place and manner in which facilities are used.
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office. [NEW SECTION]
WAC 174-136-045 Definitions
(1) "Facility" or "facilities" includes all buildings and grounds owned or controlled by the college and the streets, sidewalks, plazas, parking lots, and roadways within the boundaries of property owned or controlled by the college. Specific rules also apply to parking lots 174-116 WAC.
(2) "First amendment activities" include, but are not necessarily limited to, informational picketing, petition circulation, the distribution of information leaflets or pamphlets, speechmaking, demonstrations, rallies, appearances of speakers in outdoor areas, protests, meetings to display group feelings or sentiments, and/or other types of constitutionally protected assemblies to share information, perspectives, or viewpoints.
(3) "Non-college groups" are groups that are neither a college group nor a college affiliate. Non-college groups include employee union organizations, businesses, nonprofit organizations, government agencies, and individuals who are not currently enrolled students, current college employees, or employees of a college affiliate.
(4) "College affiliates" are external entities that have formal relationships with the college, including: The Evergreen State College Foundation. College affiliates also includes the officers, agents, and employees of such an entity.
(5) "College groups" include: student governments and student groups that are officially recognized by the college and any other group that is formally recognized by the college as a group that is directly associated with and a part of the college organization. College group also includes individual members of these groups when acting on behalf of the group, as well as currently enrolled students and current employees.
(6) "Use of facilities" includes the holding of any event or forum, the posting of signs, all forms of advertising, commercial solicitation or the conduct of other commercial activities, the distribution of pamphlets or similar written materials, and the charitable solicitation or the conduct of other charitable activities on or using college facilities.
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office. [NEW SECTION]
WAC 174-136-046 College priority
First priority for the use of campus facilities shall be given to regularly scheduled college activities. Additionally, use of college facilities may be subject to reasonable time, place, and manner restrictions that take into account, among other considerations, the general facilities policy; the direct and indirect costs to the institution; environmental, health and safety concerns; wear and tear on the facilities; appropriateness of the event to the specific facility; and the impact of the event on the campus community, surrounding neighborhoods, and the general public. In reviewing conflicting requests to use college facilities, primary consideration is given to activities specifically related to the college's mission.
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office. [NEW SECTION]
WAC 174-136-047 Access to campus facilities
(1) Faculty and staff of the college and college affiliates may use campus facilities in the course of advancing the college mission and must follow applicable college policies when doing so.
(2) College groups, such as registered student organizations, may reserve and use campus facilities, and must follow applicable college policies when doing so.
(3) Invited guests of faculty, staff, and registered student organizations may use college facilities, provided that the sponsoring employee or organization ensures that all applicable college polices are followed.
(4) Non-college groups may use college facilities only by:
(a) Renting space and obtaining services through the college's office of conference services under the terms and conditions established by that office; or
(b) Using the campus designated public forum areas under the conditions described in 174-136-048.
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office. Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040. [NEW SECTION]
WAC 174-136-048 Use of campus designated public forum
(1) Purpose. Freedom of expression is a highly valued and indispensable quality of college life. The college commitment to this ideal does not, however, grant to individuals or groups an unlimited license to engage in activity which limits, interferes with, or otherwise disrupts the normal activities for and to which the college's buildings, facilities and grounds are dedicated. The purpose of these time, place, and manner regulations is to establish procedures and reasonable controls for the use of the college's public forum areas. It is intended to balance the college's responsibility to fulfill its mission as a state educational institution of Washington with the interests of individuals or groups who are interested in using the campus for purposes of constitutionally protected speech, assembly, or expression.
(2) Policy. Subject to all other applicable regulations and requirements of this chapter, individuals and/or groups may use the college's designated public forum areas for those activities protected by the first amendment.
(3) Conflict with college events. The college's public forum areas may not be used on the same date as any previously scheduled college event or activity at the site. Campus public forums may not be used for first amendment activities by non-college groups during new student orientation, week ten of an academic quarter, or commencement.
(4) Designated public forum area. The college designates the following public forum areas are:
(a) The bricked areas of Red Square;
(b) The public sidewalks adjacent to public roads.
(5) Duration of use.
(a) Non-college groups may use public forum areas for not more than five hours per day and for no more than three days during any three-week period.
(b) These limitations upon the duration of use will be excused, on a day-to-day basis, upon request when there are no competing requests to use the area and when the use will not conflict or interfere with activities scheduled within the immediate vicinity of the public forum area.
(6) Utility connections. The college will not provide utility connections, including power, telephone, and data.
(7) Grant of license. The college president or designee, or any college vice president or designee may authorize first amendment activities which are reasonably determined not to disrupt college activities, despite a literal violation of this policy statement. Such determinations will be made without consideration of the content or message of the first amendment activities.
(8) Termination of license. The college president or designee, or any college vice president or designee may, at any time, terminate, cancel or prohibit the use of facilities if the event is disrupting normal college functions. Any of these individuals may refuse to allow a proposed use of facilities if they determine, after reasonable inquiry, that the use or event cannot be conducted without disrupting normal college functions. Such determinations will be made without consideration of the content or message of the first amendment activities.
(9) Procedures - Notice for use of designated public forum area. Non-college groups who desire to use a public forum area for those activities protected by the first amendment in which more than fifty people are expected to participate, must provide notice to the college. Notice shall be provided to the office of college relations no later than fifteen business days in advance of use of the public forum area. However, events may be permitted with less notice so long as the event does not interfere with any other function. The notice to use a public forum area must contain:
(a) The name, address, and telephone number of the individual, group, entity, or organization sponsoring the event or use (hereinafter "the sponsoring organization"); and
(b) The name, address, and telephone number of a contact person for the sponsoring organization; and
(c) The date, time, and requested location of the event; and
(d) The nature and purpose of the event; and
(e) The estimated number of people expected to participate in the event.
(f) Certification that the non-college group is not prohibited from using college facilities by 174-136-049(3) WAC.
(g) If more than 75 people are expected to participate in the event, the office of college relations may require a completed Event Sponsor Assessment and Planning Worksheet.
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office. [NEW SECTION]
WAC 174-136-049 Conditions of use.
(1) No disruption to normal activities. College facilities may not be used in ways which obstruct or disrupt college operations, the freedom of movement, or any other lawful activities. No activity may obstruct entrances, exits, staircases, doorways, hallways, or the safe and efficient flow of people and vehicles.
(2) Sound amplification. Use of audio amplifying equipment is permitted only in locations and at times that will not interfere with the normal conduct of college affairs. Use of sound amplification equipment must comply with all local ordinances.
(3) Prohibited users. The college will not make its facilities or services available to organizations which do not assure the college that they will comply with the terms of the Americans with Disabilities Act (ADA, 42 U.S.C. secs. 12132 and 12182) and the Rehabilitation Act of 1973 (RA, 29 U.S.C. 794). Uses must not impose restrictions nor alter facilities in a manner which would violate the ADA or RA.
The college will not make its facilities or services available to organizations which do not assure the college that they do not discriminate against any person because of race, color, religion, creed, national origin, sex, sexual orientation, gender identity, gender expression, marital status, age, disability, pregnancy or status as a disabled veteran, a Vietnam era veteran or other covered veteran, except where the organizations have been exempted from provisions of applicable state or federal laws or regulations.
(6) Demands on college resources. College facilities may not be used where the use would create undue stress on college resources (e.g., a request for a major event may be denied if another major event is already scheduled for the same time period, because of demands for parking, security coverage, etc.); except that the use of public forum areas for a first amendment activity may not be halted simply because the event may require additional college security or police costs.
(7) Prohibited items and authority to inspect. Within the limits of applicable laws, the college is committed to establishing and maintaining safe conditions for persons attending events in college facilities. Accordingly, some events have restrictions on items that may be brought into the event (i.e., beverage containers, noisemakers). Individuals possessing such items will not be admitted to, or will be removed from, college facilities until the items have been properly removed, discarded, or stored. All persons entering events at college facilities shall be subject to having all containers, bags, backpacks, coolers, or similar items visually inspected. Persons who refuse the visual inspection and refuse to dispose of the item shall be denied entry.
(8) Violations and trespass. Individuals who violate the college's use of facilities rules and approved users who violate college contract terms for use of facilities may be advised of the specific nature of the violation and, if continued, individuals may be requested to leave college property or be refused future use of college facilities.
The college president, or designee, may prohibit access to college facilities, give notice against trespass, and/or order any person or group to leave college facilities.
Failure to comply with a request to leave college property could subject the individuals to arrest and criminal prosecution under applicable state, county, and city laws.
(9) Safety and liability.
(a) Users must comply with all applicable college policies, procedures, rules and regulations; local, state and federal laws; and fire, health and safety regulations, to include any special regulations specified for the event by the college and/or government authorities.
(b) Users assume full responsibility for any loss, damage or claims arising out of the use. To address foreseeable risks, hazards and dangers to public health or safety posed by an activity, or the use or erection of he displays or other materials on the College campus, the College may requires expressive activity users to provide insurance and/or indemnification sufficient to protect the College, its community and the public from property damage, death or personal injury.
(c) College facilities may not be used in ways that create safety hazards or pose unreasonable safety risks to students, employees, or invitees.
(d) College facilities may not be used in any manner that creates a hazard or results in damage to college facilities.
(e) Users shall complete the Event Sponsor Assessment & Planning Worksheet as required or directed by Office of College Relations, the Office of Conference Services, or the Student Activities Office.
(f) College facilities may not be used in furtherance of or in connection with illegal activity.
(g) Users are responsible for the appropriate care of facilities being used. Facilities may be inspected by a representative of the college after the event. Reasonable charges may be assessed against the sponsoring organization for the costs of extraordinary cleanup or for the repair of damaged property.
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office. Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040. [NEW SECTION]
WAC 174-136-050 Authorized and prohibited uses.
(1) Private or commercial activities.
(a) College facilities may not be used for private or commercial gain, including: Commercial advertising; solicitation and merchandising of any food, goods, wares, service, or merchandise of any nature whatsoever; or any other form of sales or promotional activity; except as allowed by a college Vice President or in the following cases:
(i) By special permission granted by the college president, or designee, if an agreement, lease, or other formal arrangement is entered into between the college and the person, corporation, or other entity desiring to engage in commercial activity; or
(ii) To the extent it represents the regular advertising, promotional, or sponsorship activities carried on, by, or in any college media or at college events;
(b) College facilities may not be used by faculty or staff in connection with compensated outside service, except that faculty or staff may use college facilities that are generally available to the public on the same basis, including payment of the same fees, as may other private persons.
(c) Commercial advertising and/or solicitation which is deceptive or concerns an illegal product or service is prohibited on college facilities.
(3) Political activities. College facilities may be used for political activities when such use complies with chapter 42.52 RCW, Ethics in public service. Permitted activities may include:
(a) College departments, student government organizations, or registered student organizations may sponsor candidate forums as well as issue forums regarding ballot propositions;
(b) Candidates for office and proponents or opponents of ballot propositions may rent college facilities on a short-term basis for campaign purposes to the same extent and on the same basis as may other individuals or groups;
(c) Candidates for office and proponents or opponents of ballot propositions may use public forum areas, to the same extent and on the same basis as may other individuals or groups; and
(d) A registered student organization may invite a candidate or another political speaker to one of the meetings of its membership on college property, if it has complied with the scheduling procedures
(e) Restrictions:
(i) When an event under this section involves the rental of a college facility, the full rental cost of the facility must be paid and state funds may not be used to pay rental costs or any other costs associated with the event.
(ii) College facilities may not be used to establish or maintain offices or headquarters for political candidates or partisan political causes.
(iii) All candidates who have filed for office for a given position, regardless of party affiliation, must be given equal access to the use of facilities within a reasonable time.
(iv) No person shall solicit contributions on college property for political uses, except in instances where this limitation conflicts with applicable federal law regarding interference with the mails.
(v) Except for the use of a campus designated public forum as described in 174-136-048 WAC, use of college facilities for political activities, as described in this section, must have prior approval of the vice president for finance and administration or designee.
(4) Charitable organization use. College facilities may be used to benefit a charitable organization when such use complies with chapter 42.52 RCW, Ethics in public service. Examples of permitted use include, but are not limited to, the following:
(a) Charities that are licensed in the state of Washington may use college facilities that are generally available to the public on the same basis, including payment of the same fees, as may private citizens;
(b) Charities that are licensed in the state of Washington may use facilities without charge by special permission granted by the college president, or designee, or the vice president for finance and administration where the college has determined that the charitable activity or use will serve an educational or public service purpose related to the college's mission; and
(c) Student government organizations, registered student organizations, and college units that have followed college policies and procedures to conduct fund-raising activities and have adhered to all scheduling requirements and other college policies.
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office. Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040. |