REG 04.05.01 – Trespassing on University Property

Authority: Issued by the Chancellor, changes or exceptions to administrative regulations issued by the Chancellor may only be made by the Chancellor.

History: First Issued: November 26, 2002. Last Revised: April 8, 2010.

Additional References:
NCSU REG07.25.12 – Solicitation

NCSU REG07.25.11 – Use of University Facilities
NCSU REG11.30.01 – Housing Disciplinary Procedures
NCSU REG11.35.02 – Student Discipline Procedures

NCSU REG04.05.02 – Campus/Workplace Violence Prevention and Management
NCSU POL11.35.01 – Code of Student Conduct

Contact Info: Associate Vice Chancellor for Environmental Health and Public Safety (919-515-4238)


1. INTRODUCTION

North Carolina State University (“NC State”) is a public institution of higher education that is open to the general public.  Even though NC State is an open campus, the university has the ability to determine the expectations and parameters for a person’s presence on university property.  Reasonable limitations, consistent with applicable free speech laws, may be imposed on the time, place, manner and types of activities for which access to university property may be allowed.  In addition, the university has the ability to restrict, withhold, or remove a person’s access to or presence on university property due to safety considerations relating to the university community.  This regulation describes the circumstances under which a person’s access to or presence on university property may be restricted, withheld, or removed.  This regulation also provides the procedures for trespassing a person from a specific area of university property (while having access to other university property), or where appropriate, from all university property.  A person may also be trespassed from contacting or being near another person in appropriate circumstances.

2. POLICY

2.1 Persons who violate university policies, regulations, or rules or pose a risk to campus safety or security have no “right” to be on university property and may be advised to leave by the Chancellor or his/her designee.  Such persons may be trespassed from university property by use of a trespass warning pursuant to N. C. Gen. Stat. §14-159.12 or 14-159.13 or as authorized by this regulation.

2.2 A person has been “trespassed” when a no trespassing notice is posted on property, or when an authorized university official has provided oral or written notice to a person that the person should not be on certain property.  A trespass warning may include notice that the person is not to be within a certain distance of one or more other persons, as well as notice to not be present on university property.  A person also commits trespass upon entering property that is enclosed or secured in a manner that indicates the person should not be there (e.g., a locked building; laboratory that has been closed for safety inspection).

3. DEFINITIONS

3.1 “University property” means property owned or leased by the State of North Carolina and allocated to NC State and/or its Endowment fund.

3.2 “Authorized university official” for purposes of this regulation means Campus Police (any campus police officer), Director of University Housing, or Director of Office of Student Conduct.

4. PROCEDURES

4.1 NC State’s Chancellor has delegated to the Campus Police Department the primary authority to restrict, withhold or remove access to university property from persons who violate university policies, regulations, or rules or who pose a risk to campus safety or security to the university community.  Trespasses may be issued by Campus Police or by any other authorized university official as defined in section 3.2.

4.2 Persons may be directed to leave or may be prohibited from entering university property or prohibited from contacting or being near another person and/or given a trespass for reasons including but not limited to the following:

4.2.1 Commission or conviction of any criminal offense on or off university property;

4.2.2 Violation of university policies, regulations, or rules;

4.2.3 Engaging in behavior or conduct that presents a threat to university property or a member of the university community including faculty, staff, students and visitors;

4.2.4 Presence on university property without satisfactory explanation; and

4.2.5 Otherwise behaving in a suspicious or disorderly manner while on university property.

4.3 A trespass is to be limited in scope to that which is reasonably necessary for the protection of the university community.

4.4 The duration of a trespass is one year unless otherwise specified or as modified during appeal.

4.5 Campus Police will maintain a listing of trespassed individuals.  Authorized university officials must notify the Campus Police in writing when they issue a trespass.

4.6 Every person who receives an interim suspension, suspension or expulsion from the Office of Student Conduct will be trespassed from the university by the Director of Student Conduct.  The trespass shall remain in effect until his/her suspension or expulsion is lifted.  Every person who is evicted on a permanent or interim basis from University Housing facilities by University Housing will be trespassed from University Housing facilities by the Director of University Housing.  The scope of the trespass will be outlined in an eviction letter or Office of Student Conduct decision that is provided to the student.

4.7 A university official who issues a trespass may lift or reduce the trespass if, in his/her discretion, a determination is made that circumstances justify removal or reduction of the trespass.  The university official shall consult with the Risk Assessment Case Manager prior to lifting any trespass issued for a violation of NCSU REG04.05.02 – Campus/Workplace Violence Prevention and Management or pursuant to section 4.2.3 of this regulation.

4.8 Once the university official lifts the trespass, they shall provide written notice to the Campus Police so that records may be updated.  The person subject to the trespass should not return to the restricted area until he/she has been notified by the Campus Police that the trespass has been lifted.

5. APPEAL PROCESS

5.1 A person who has been given a trespass warning by Campus Police may appeal by submitting a written appeal to the Director of the Campus Police Department (hereinafter referred to as Director) within ten (10) business days of the date the warning was given.  The written appeal should include the person’s reason for being on university property, the person’s future need to be on university property, and any other information the person wishes the Director to consider.  The warning remains in effect during the appeal.

5.2 The Director shall review the written appeal and the record of the trespass to determine if the trespass was issued in compliance with these procedures.  The Director may accept, reject or modify the trespass in a written decision that will be mailed to the appellant.  If the period of the trespass is 30 calendar days or less, the Director’s decision is final.  The Director shall inform the person in writing of the decision within ten (10) business days of receiving the written appeal.  If the period of the trespass exceeds 30 calendar days, the person has the right to appeal the Director’s decision to the Associate Vice Chancellor for Environmental Health and Public Safety (hereinafter referred to as the Associate Vice Chancellor).

5.3 If the person wishes to appeal the Director’s decision, he/she may do so by submitting a written appeal to the Associate Vice Chancellor within ten (10) business days of receipt of the Director’s decision.  The Director’s decision remains in effect during the appeal.  Upon receipt of the written appeal, the Associate Vice Chancellor will set a date, time, and place for an informal hearing and advise the person in writing at least three (3) business days before the hearing that the person may attend and present relevant evidence and witnesses.  The officer who issued the trespass shall also be notified and must, if possible, attend the hearing and may be questioned.  Attendance at the hearing will be restricted to the appellant, the issuing officer, and others having personal knowledge of the events.  The Associate Vice Chancellor will review all the evidence and may accept, reject or modify the Director’s decision.  The Associate Vice Chancellor will notify the person in writing of the decision and that the decision is the final university decision and may be appealed to the Superior Court pursuant to Article 4, Chapter 150B, of the North Carolina General Statutes.  The decision and notice of appeal rights should be sent by certified mail; return receipt requested within fifteen (15) business days of the hearing.

5.4 A student who has been trespassed by a Campus Police officer, and who receives a Welfare Referral to the Office of Student Conduct, may appeal the trespass by meeting with the Director of the Office of Student Conduct (hereinafter referred to as OSC Director).  The student may be directed to gather and provide additional information to the OSC Director, depending on the specific features of that case.  The OSC Director will issue a written decision within ten (10) business days.  If the student wishes to appeal the decision of the OSC Director he/she may submit a written appeal to the Associate Vice Chancellor and Dean for Academic and Student Affairs (DASA) within ten (10) business days.  Upon receipt the Associate Vice Chancellor will set a date, time, and place for an informal hearing and advise the person in writing at lest three (3) business days before the hearing that the person may attend and present relevant evidence and witnesses.  The individual who issued the trespass shall also be notified and must, if possible, attend the hearing and may be questioned.  Attendance at the hearing will be restricted to the individual, the issuing authority and others having personal knowledge of the events.  The Associate Vice Chancellor will review all the evidence and may accept, reject or modify the trespass.  The Associate Vice Chancellor will notify the person in writing of the decision and that the decision is the final university decision and may be appealed to the Superior Court pursuant to Article 4, Chapter 150B, of the North Carolina General Statues.  The decision and notice of appeal rights should be sent by certified mail; return receipt requested within fifteen (15) business days of the hearing.

5.5 A person who has been trespassed as a result of a conduct sanction may appeal as described in the relevant Regulation pertaining to the issuing administrative office.  University Housing appeal procedures are described inNCSU REG11.30.01 – Housing Disciplinary Procedures.  Appeal procedures related to decisions through the Office of Student Conduct are described inNCSU REG11.35.02 – Student Discipline Procedures.

6. TRESPASS ARREST

6.1 Campus Police may arrest a person who refuses to leave university property after being asked to leave by an authorized university official.

6.2 In areas that are properly posted “no trespassing” Campus Police officers are authorized to issue a citation or make an arrest, where appropriate, for 2nd Degree Trespassing.

6.3 Court orders and university disciplinary order/decisions remain in effect for the duration stated in the order/decision, and may result in arrest for violations during that time period.

6.4 If an arrest for trespass cannot be substantiated at the time of response, the Campus Police Officer should give the person another warning and escort the person from university property.  If a later review of the incident by Campus Police indicates the individual was trespassing, officers may obtain a warrant for trespassing.