Section 172-137-080. Facility use rules for first amendment/free speech activities.

(1) Purpose. Freedom of expression is a highly valued and indispensable quality of university life. The university 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 university'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 university's public forum areas. It is intended to balance the university'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 university's public forum areas for those activities protected by the first amendment.

(3) Conflict with university events. The university's public forum areas may not be used on the same date as any previously scheduled university event or activity at the site (aside from regularly scheduled classes) where it is reasonably anticipated that more than one hundred people will attend the university event or activity.

(4) Public forum areas. Public forum areas are those areas of each campus that the university has chosen to be open as places for expressive activities protected by the first amendment, subject to reasonable time, place, and manner restrictions.

(a) At the Cheney campus, the designated public forum areas are:

(i) Southeast Mall: Outside the Cheney Normal School Heritage Center (one room schoolhouse), on the west side of the building;

(ii) Northeast PUB: Outside the Pence Union Building, on the northeast side of the building; and

(iii) The public sidewalks adjacent to public roads.

(b) A map, identifying the specific boundaries of the public forum areas, is available in the office of event planning.

(c) At the Riverpoint campus, public forum areas are designated by Washington State University under chapter 504-33 WAC.

(d) At the Bellevue campus, public forum areas are designated and managed by Bellevue College under chapter 132H-142 WAC.

(e) In addition to the public forum areas identified herein, the university president may designate additional areas of the campus as public forums.

(5) Duration of use.

(a) University groups may use public forum areas for not more than eight hours per day and for no more than five days during any three-week period.

(b) University affiliates and nonuniversity 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.

(c) 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 university will not provide utility connections, including power, telephone, and data.

(7) Grant of license. The university president or designee, or any university vice-president or designee may authorize first amendment activities which are reasonably determined not to disrupt university 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 university president or designee, or any university vice-president or designee may, at any time, terminate, cancel or prohibit the use of facilities if the event is disrupting normal university 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 university functions. Such determinations will be made without consideration of the content or message of the first amendment activities.

(9) Procedures - Notice for use of public forum area. Individuals or groups who desire to use a public forum area for those activities protected by the first amendment, must provide notice to the university. Notice shall be provided to the event planning office no later than fourteen calendar 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.

[Statutory Authority: RCW 28B.35.120(12). WSR 12-04-065, § 172-137-080, filed 1/30/12, effective 3/1/12.]

RCW 28B.35.120(12). WSR 12-04-065, § 172-137-080, filed 1/30/12, effective 3/1/12.

Rules

504-33,132H-142,