4.10 – Trespassing
A. Purpose
To establish the process of restricting access to or presence on college property for third parties whose presence or behavior is determined to be inappropriate.
B. Policy
All individuals are permitted on college property until they have violated a college policy, have been deemed to compromise the safety and security of the college community, and/or disrupted the learning environment.
Individuals who are asked to leave college property and fail to do so will be considered to be trespassing and may be referred to law enforcement.
C. Procedures
An authorized college official may issue a verbal or written No Trespassing Notice requiring any third-party individual to vacate and not re-enter the college premises due to behavior that:
- Violates civil or criminal laws;
- Violates a college directive or policy;
- Threatens the health, safety, welfare, or academic experiences of members of the college community;
- Substantially disrupts college functions, both academic and administrative; or
- Causes or threatens harm to persons or property.
Issuing a No Trespassing Notice
A verbal no trespassing notice given to an individual to vacate and not re-enter the college property shall remain in effect until a written notice is delivered to the individual.
The individual will receive a written notice from the college director of safety and security within five (5) business days via hand delivery or certified mail stating the individual is banned from college property and their presence will be considered trespassing.
If no current address is available for the individual the verbal notice shall remain in effect until a current address can be identified for the individual or a notice is hand delivered to the individual by an authorized official. If no current address is available the verbal notice will be valid.
The written notice must specify the following:
- a description of the specific behavior(s) leading to the notice for removal
- the scope and duration of the prohibition
- the potential consequences of the violation of the prohibition
- the appeal avenues available
The scope, duration, and other stipulations of the notice must be proportional to the underlying misconduct and must be narrowly tailored to protect the college community from further misconduct. A notice will expire no later than one year from its date of issuance unless the notice has been issued on an interim basis while a college investigation or resolution process is pending. A notice may be renewed for additional, subsequent periods by the safety and security department.
The safety and security department will retain a file on each verbal or written notice issued. The file will include all relevant information and communication. The safety and security department will maintain a list of individuals currently issued a notice and will distribute the list to college officials as necessary.
Appeals
An individual that receives a No Trespassing Notice may appeal such notice by submitting an appeal in writing within ten (10) business days of the date the notice is served. All appeals are directed to the vice chancellor of administrative services (Appellate Officer). Failure to file a timely appeal shall be considered a waiver of the right to appeal.
Written appeals should include:
- Appellant’s contact information, including address, telephone number and email address.
- Date of issuance of the authorized written notice and location.
- Basis for appeal.
- Reason for being on college property at the time of the incident.
- Future need to be on college property.
- Any other information appellant wishes to be considered.
Upon receipt of a timely appeal, the appellate officer will consult as needed with relevant college offices and individuals to verify the appellant’s need for access to campus, to gather additional information or advice, or to review the impact an appeal may have on any parties who were harmed in the underlying incident and may also consult with the appellant.
The appellate officer will sustain, rescind, or modify the notice in a written decision that will be delivered to the address(es) provided in the written appeal.
D. Definitions
College community are students, faculty, and staff of the college, the Board of Trustees, visitors, contractors, and consultants performing work or services on college owned or leased properties and all other invitees of the college.
College property includes all campus and center locations and all properties owned, leased, or controlled by the college.
An authorized college official may include, but is not limited to, any safety and security officer, college or center director, or staff at the level of dean or higher.
A third-party individual is a person who is not currently enrolled in classes or employed by the college. This includes individuals who have previously been employed or taken classes with the college, but have voluntarily or involuntarily separated from the college.
No Trespassing Notice is an administrative or policy-issued directive, verbal or written, notifying an individual that they are prohibited from entering college property without expressed permission or authorization.
E. Authority
This policy and these procedures are maintained under the authority of the vice chancellor for administrative services.
F. Related Policies
3.01 Anti-Harassment Anti-Discrimination Policy
4.02(n) Use of College Facilities and Grounds
6.14 Advertising and Solicitation
G. Implementation
Policy approved and adopted by the Board of Trustees on August 9, 2021.
Purpose, Procedures, and Definitions approved and adopted by the Chancellor’s Cabinet on July 20, 2021.
Set for review in fiscal year 2024-2025.