3.3.1 Overview
In accordance with the guidelines enumerated in this policy guide, the University campus is generally open to persons who are not members of the University community, that is, to persons who are not current University faculty, staff, or students. Access to specific buildings and areas may be reasonably restricted. While on the campus, individuals are responsible for obeying University rules of conduct as well as state and federal law. As outlined below, the University reserves the right to bar an individual from a specific area of campus or the campus in its entirety should the individual:
improperly access a restricted area;
commit a criminal act;
violate a University policy; or
(i) constitute a threat to the safety or property of University members; (ii) harass or unreasonably repeatedly interfere with an individual University member’s ability to participate in their educational or work environment; or (iii) disrupt the regular and/or essential operations of University activities or facilities.
The administrative bar from campus is accomplished through a persona non grata (“PNG”) notice. With respect to (i), (ii), and (iii), an individual need not be present on campus to meet these criteria. Note that this policy is not meant to supersede the “Circumstances Affecting Health and Safety” policy, the University's Sex Discrimination and Sexual Misconduct policy (under which the University may issue interim or permanent relief), or any other University policies that may apply to persons who are not members of the University.
3.3.2 Short-Term Persona Non Grata (“Short-Term Notice”)
A Short-Term Notice is issued by University police officers or the assistant vice president for Public Safety (or their designee) on behalf of University administrators and is in effect for not more than 365 days.
Circumstances That May Lead to the Issuance of a Short-Term Notice
Occupying/Seeking Access to Restricted Areas. If a University police officer has reason to believe that an individual is in, or seeking access to, a building or area which the individual is not authorized to access, the University police officer may ascertain the status of that individual and ask the individual to explain the behavior in question. If the individual fails to provide an adequate explanation, the individual may be asked to cease the activity and leave the area. Depending on the circumstances, the University police officer may, at that time, also issue a Short-Term Notice that bars the individual from returning to a specific area of the campus or the campus in its entirety for up to 90 days.
Violation of University Policy and/or Commission of a Crime. If an individual is in an area of campus generally open to the public, and if a University police officer has a reasonable basis to believe that the individual is violating, has violated a University policy, or probable cause that they have committed a crime, the University police officer may ascertain the status of the individual and ask the individual to explain the behavior. If the individual fails to provide an adequate explanation, the individual may be asked to cease the activity and leave the area. Depending on the circumstances, the University police officer may, at that time, also issue a Short-Term Notice that bars the individual from returning to a specific area of the campus or the campus in its entirety for up to 90 days.
Threat to Safety/Property or a Disruption to the Regular and/or Essential Operations. If an individual’s conduct or presence on campus (i) poses a threat to the safety or property of University members, (ii) harasses or unreasonably repeatedly interferes with an individual University member’s ability to participate in their educational or work environment, or (iii) poses a disruption to the regular and/or essential operations of University activities or facilities, a University police officer may issue at that time a Short-Term Notice for up to 90 days that bars the individual from returning to a specific area of the campus or the campus in its entirety.
Short-Term Notice Review Process
A Short-Term Notice will be promptly reviewed by the assistant vice president for public safety (or designee) who will determine whether the notice should be upheld. In cases where the assistant vice president for public safety extends a PNG the appeal will go to the Office of the Executive Vice President. Additionally, the Short-Term Notice may be extended by the assistant vice president for public safety (or designee), at the assistant vice president’s sole discretion, for no more than an additional 275 days. Notices exceeding 365 days will be handled in accordance with the Long-Term Notice section below. In those instances where an individual was in an area of campus generally open to the public and may have been engaging in an expressional activity, the assistant vice president for public safety (or designee) will review the time, place, and manner of such activity.
The recipient of a Short-Term Notice may contact the Department of Public Safety 72 hours after its issuance to determine whether it has been upheld. If the Short-Term Notice has not been upheld, it will expire immediately. The recipient may submit a written request to the Department of Public Safety to receive written notification if a decision is made not to uphold the PNG notice. If the individual seeks to request a review of the terms of the Short-Term Notice, the individual may submit such request in writing to the Office of the Executive Vice President.
3.3.3 Long-Term Persona Non Grata (“Long-Term Notice”)
A Long-Term Notice is issued by authorized University administrators and is in effect for more than 365 days.
Circumstances That May Lead to the Issuance of a Long-Term Notice
If an individual has engaged in conduct by way of repeated minor offenses, repeated trespasses, or a serious offense, such that the individual’s conduct or presence on campus poses (i) poses a threat to the safety or property of University members, (ii) harasses or unreasonably interferes with a University member’s ability to participate in their educational or work environment, or (iii) poses a disruption to the regular and/or essential operations of University activities or facilities, the following officials (or their designees) may issue a Long-Term Notice declaring the individual Persona Non Grata (PNG) for a defined (or indefinite) period of time: the executive vice president, the dean of the faculty, the vice president for campus life, the dean of the Graduate School, the vice president for human resources, or the vice provost for institutional equity and diversity.
Long-Term Notice Review Process
The recipient of the Long-Term Notice may request a reconsideration of the decision by submitting a written request to the University official who issued the PNG notice. The University official may reconsider the case in consultation with the assistant vice president for the Department of Public Safety and other University officials, as appropriate.
3.3.4 Information Included in a PNG Notice
All PNG notices, including Short-Term Notices, will be in writing and inform the individual:
that the individual is barred from a portion of campus (specifying the portion), or the entire campus;
of the period of time the individual is barred;
of the reason(s) for the issuance of the PNG notice; and
that if the individual returns to the prohibited area during this period, the individual will be subject to arrest for trespassing.
3.3.5 Criminal Violation
Regardless of whether a PNG notice is issued, anytime an individual is deemed to have violated a criminal law, the individual may be charged and referred to the criminal justice process. See section 1.4.1 “On-Campus Misconduct and the Law.”