DAR File No. 43887

System of Technical Colleges (Utah), Dixie Technical College

Rule R951-1

Campus Access Rule

Notice of Proposed Rule

(New Rule)

DAR File No.: 43887
Filed: 07/13/2019 01:45:25 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

There was a statutory change that requires this rule.

Summary of the rule or change:

This rule provides the outline for how to get campus access.

Statutory or constitutional authorization for this rule:

• Section 53B-27-201 et seq.

Anticipated cost or savings to:

the state budget:

There will be no cost or savings because this rule only outlines how to get campus access.

local governments:

There will be no cost or savings because this rule only outlines how to get campus access.

small businesses:

There will be no cost or savings because this rule only outlines how to get campus access.

persons other than small businesses, businesses, or local governmental entities:

There will be no cost or savings because this rule only outlines how to get campus access.

Compliance costs for affected persons:

There will be no cost or savings because this rule only outlines how to get campus access.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule should have no effect on businesses.

Kelle Stephens, President

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

System of Technical Colleges (Utah)
Dixie Technical College
610 S TECH RIDGE ROAD
ST. GEORGE, UT 84770

Direct questions regarding this rule to:

• Sam Draper at the above address, by phone at 435-674-8636, by FAX at , or by Internet E-mail at sdraper@dixietech.edu

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

09/03/2019

This rule may become effective on:

09/24/2019

Authorized by:

Sam Draper, Vice President of Administrative Servcies

Appendix 1: Regulatory Impact Summary Table

Fiscal Costs	FY 2020	FY 2021	FY 2022
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non-Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non-Small Businesses

There is no anticipated impact or benefit to non-small businesses.

 

President Kelle Stephens has reviewed and approved this fiscal analysis.

R951. System of Technical Colleges (Utah), Dixie Technical College.

R951-1. Campus Access Rule.

R951-1-1. Expressive Activities.

(a) The College permits non-disruptive expressive activities in the outdoor areas of campus.

(b) Expressive activities must take place during normal operational hours of the College on days when the College is open (as designated on the official College calendar.)

(c) Expressive activities may not unreasonably interfere with or disrupt College operations or planned campus activities.

(d) While prior written notification of a planned expressive activity (in writing or electronic mail) to Campus Security is preferred, such notice is not required.

(e) Termination of Expressive Activity.

(i) The College reserves the right to terminate an expressive activity when, in the opinion of the College President, Campus Security, or the College President's designee, the expressive activity becomes a danger to or interferes with the operations of the College.

(ii) Indicators that an expressive activity is disruptive, or a danger to, or interferes with operations of the College community include:

(A) Illegal possession or use of weapons;

(B) Physical contact between individuals involved in the expressive activity and members of the College community or general public;

(C) Sustained speech which incites violence or calls for immediate violent action;

(D) Damage to College property or facilities;

(E) Any attempt to block or obstruct building entrances, walkways or vehicular or pedestrian traffic.

(F) Activity which is commercial in nature (i.e. members of the College community are solicited for money in exchange for goods, services, or are offered other material or immaterial rewards for participating in the expressive activity.)

(iii) If an expressive activity must be brought to termination, Campus Security will coordinate with local law enforcement including the St George Police Department and/or the Washington County Sherriff's Office.

(f) Nothing in this rule shall be deemed to prohibit a member of the College community or the public from spontaneously and contemporaneously assembling in an outdoor area of the campus to engage in expressive activity so long as the conduct is lawful and does not violate the provisions of this rule. Nevertheless, the College reserves the right to move a spontaneous expressive activity to a location which, in the professional judgement of the College President, Campus Security, or the College President's designee, is safer for the College community.

 

R951-1-2. Indoor Facilities Are Protected Areas Due to Instructional and Safety Concerns.

(a) The indoor areas of the campus are available to employees, affiliates and guests as outlined in this rule.

(i) Employees may access any College facility which is necessary and appropriate for the completion of their assigned duties.

(ii) Students are permitted access to the classrooms/labs during established class hours. They may access classrooms/labs at other times only with the express permission of an instructor or College administrator.

(iii) Affiliates may access facilities which are expressly assigned to them through a formal written agreement with the College or any facility when accompanied by an instructor or College administrator or the administrator's designee.

(iv) Guests may access facilities which would reasonably be considered public (café, bookstore, lobby, etc.) any time such facilities are open. They may access other campus facilities if they have been specifically invited by (or are accompanied by) a College administrator or the administrator's designee.

(v) Individuals who do not fit one of the listed categories (employee, student, affiliate or guest) are not permitted access to indoor College facilities unless they are accompanied by a member of the administration at the level of Director or Executive.

(b) Spaces designated through signage as mechanical, electrical, or otherwise restricted access may not be entered by anyone without express permission from a College administrator or authorized employee.

 

R951-1-3. Violation of Rule.

(a) Individuals who violate this rule will be asked to leave by Campus Security, the College President, or the College President's designee. Should they fail to comply with the request, local law enforcement will be notified.

(b) Students and/or staff members who violate the provisions of this rule may be subject to disciplinary action.

(c) If a faculty member or other employee becomes aware of a violation of this rule, they are directed to notify security or their immediate supervisor who will take appropriate action.

 

R951-1-4. Definitions.

(a) Expressive activity -- Any non-commercial activity which includes peacefully assembling, protesting or speaking; distributing literature; carrying a sign; or circulating a petition.

(b) Employee -- any individual who is directly remunerated through the College payroll system for work performed on behalf of the College.

(c) Student -- any individual who is currently identified as actively enrolled in the College student information system.

(d) Affiliate -- non-employee, non-student who has a formal, recognized connection to the College including (but not limited to) vendors, volunteers, and state, local, and federal government officials.

(e) Guest -- any individual (not a student, employee or affiliate) who is hosted by an employee or affiliate of the College or any individual who can demonstrate legitimate business with the College such as enrollment, pre-enrollment investigation, testing or need to access other services.

(f) College community -- The group of individuals having some direct, legal relationship with the College such as employees, students, affiliates, or guests.

 

KEY: campus access

Date of Enactment or Last Substantive Amendment: 2019

Authorizing, and Implemented or Interpreted Law: 53B-27-201 et seq.