WAC 495B-150-005. Definitions

(1) "Business day" means any day, Monday through Friday (excluding holidays), during which college offices are open. (2) "College" means Bellingham Technical College. (3) "College group or individual" means a group or individual that has a formal relationship with the college, such as a recognized employee group, a registered student group or organization, or an individual acting on behalf of the group or organization, as well as an individual who is a currently enrolled student or current employee. (4) "College property" or "college facilities" means all buildings, structures, grounds, office spaces, or assets owned or controlled by the college, and the streets, sidewalks, parks, parking lots, and roadways within the boundaries of the property owned or controlled by the college. (5) "First amendment activities" refers to any activity protected by the first amendment to the Constitution of the United States. Such first amendment activities may include, but are not necessarily limited to, informational picketing, petition circulation, the distribution of information leaflets or pamphlets, speech-making, demonstrations, rallies, noncontracted appearances of speakers, protests, meetings to display group feelings or sentiments, and other types of constitutionally protected assemblies to share information, perspective, or viewpoints. The following types of expressions are not permitted herein and are not protected by the first amendment: (a) Obscene material, as defined by state and federal law; (b) Defamation or libelous material, as defined by state law; (c) Incitement of imminent lawlessness; (d) Fighting words, as defined by federal law; and (e) Speech or conduct that causes a material and substantial disruption of college activities. (6) "Freedom of expression and assembly" means any activity protected by the first amendment to the Constitution of the United States and Article I, Sections 4 and 5 of the Washington state Constitution. It is the right of any member of the college community to express any point of view and to be free from harassment in such expression. It is the responsibility of those expressing opinions to respect the rights and property of others, to refrain from disrupting the normal operations of the college and to maintain lawful conduct. The right of free speech and expression does not include any activity that may endanger the safety of any member of the college community or visitors, or damage any of the facilities. Moreover, modes of expression (including electronic transmissions) that are unlawful or indecent or that are grossly offensive on matters such as race, color, national and ethnic origin, religion, sexual orientation, gender, age, disability, or veteran status are inconsistent with accepted norms of conduct of the college and are subject to the sanctions described in the student conduct code (chapter 495B-121 WAC) and college disciplinary policies and procedures. (7) "Limited public forum areas" means areas of campus that the college has chosen to be available as spaces for freedom of expression and peaceable assembly as protected by the Constitution of the United States and the Washington state Constitution, subject to reasonable time, place, and manner restrictions as specified in WAC 495B-150-025 . Limited public forum areas do not include: (a) Classrooms or academic buildings utilized for scheduled educational programming with the exception that nothing herein shall be read to interfere between or with the academic freedom of the instructor and enrolled students to engage in educational programs; (b) Reservable or scheduled property subject to the provisions herein; (c) Private administrative or academic offices; (d) Lavatory or maintenance facilities; (e) Roadways or sidewalks necessary to permit the free flow of pedestrian, vehicular, emergency responder, or maintenance traffic; or (f) Any other college property, on a case-by-case basis, where the reasonable application of time, place, and manner restrictions render the location inappropriate for expressive activities. (8) "Noncollege group or individual" means a group or individual who do not have a formal relationship with the college including members of the general public. The term also includes members of these groups who are individually affiliated with the college who desire to use college property for personal, private, or noncollege group related activities. (9) "Nonpublic areas" include, but are not limited to, classrooms, offices, meeting rooms, labs, shops, closets, and other workspaces primarily dedicated to college operations, and other areas designated by the college as a restricted access are to protect safety, security, or confidentiality. (10) "Public area" refers to spaces on college property that are generally open to the public, such as primary entrance lobbies of buildings, exterior spaces, and lawns. (11) "Restricted access areas" are locations on college property that are not open to the public and may or may not be marked with signage or other indicators. (12) "Time, place, and manner" means reasonable limitations on the exercise of expressive rights that are neutral as to the content of expression and leave open alternative channels of expression.