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: March 14, 2017.

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 can be visited by 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.  Individuals do not have a right to be on University property.  Consistent with applicable laws, the university has the ability to restrict, withhold, or remove a person’s access to or presence on University property.

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.

2. DEFINITIONS

2.1 “University property” means property owned or leased by NC State and/or its Endowment Fund, and also includes any form of NC State transportation, such as the Wolfline bus service.

2.2 “Authorized University Official” for purposes of this regulation means University Police (any University Police officer), Director, University Housing, or Director, Office of Student Conduct.

3. POLICY

Persons who violate University policies, regulations, or rules or pose a threat or risk to the safety and security of the university community or University property may be advised to leave by the Chancellor or designee.  Such individuals may be trespassed from University property pursuant to N. C. Gen. Stat. §14-159.12 or 14-159.13 or as authorized by this regulation.

4. AUTHORITY

NC State’s Chancellor has delegated to University Police the primary authority to restrict, withhold or remove access to University property from persons who pose a threat or risk to the safety and security of the university community or University property.  Trespasses may be issued by University Police or by any other Authorized University Official.

5. TRESPASS PROCEDURES

5.1  Grounds

Persons may be trespassed from University property on grounds including but not limited to the following:

5.1.1 Commission or conviction of any criminal offense, regardless of where it occurred;

5.1.2 Violation of University policies, regulations, or rules;

5.1.3 Engaging in behavior or conduct that presents a threat or risk to the safety and security of the university community or University property;

5.1.4 Engaging in behavior or conduct that obstructs, disrupts, interrupts or attempts to force the cancellation of any University-sponsored event or activity, including educational activities or other essential University processes, or activities by users authorized to use the university’s facilities; or

5.1.5 Presence on University property without justification or legitimate reason.

5.2 Notice of Trespass

A person is trespassed when an Authorized University Official provides oral or written notice to a person that the person should not enter or remain on certain University property.  A trespass warning may include notice that:  the person is not to be within a certain distance of one or more other persons, must not contact another individual, and/or not enter or remain on University property.

5.3 Scope and Duration

5.3.1 The scope of the trespass will be limited in scope to that which is reasonably necessary for the protection of the university community. The duration of a trespass is one year unless otherwise specified or as modified during appeal.

5.3.2 An Authorized 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 Authorized University Official must consult with the Risk Assessment Case Manager prior to lifting any trespass issued pursuant to section 5.1.3 of this regulation or for a violation of NCSU REG04.05.02 – Campus/Workplace Violence Prevention and Management.

5.4  Student Disciplinary Matters

5.4.1 Students who are suspended on an interim basis, suspended, or expelled from the university for a violation of the Code of Student Conduct may be trespassed from the university by the Director, Office of Student Conduct.  The trespass shall remain in effect until the student’s suspension ends or the expulsion is lifted.

5.4.2 Students who are removed from University Housing facilities on a permanent or interim basis will be trespassed from University Housing facilities by the Director, University Housing.  The scope of the trespass will be outlined in the removal letter or University disciplinary decision that is provided to the student.

5.5 Administration

5.5.1 University Police will maintain a listing of trespassed individuals.  Authorized University Officials must notify University Police in writing when they issue a trespass.

5.5.2 Once the Authorized University Official lifts the trespass, they shall provide written notice to University Police so that records may be updated.  The person subject to the trespass should not return to the restricted area until the person has been notified by University Police that the trespass has been lifted.

6. APPEAL PROCESS

6.1. Notice

A person who has been trespassed by University Police may appeal the trespass by submitting a written appeal to the Chief of Police, University Police (“Chief”) within ten (10) University business days of the date the trespass was issued.

6.2  Documentation

6.2.1  The written appeal must include the person’s contact information, trespass notice information, date of issuance, reason for being on University property that resulted in the trespass, and the person’s future need to be on University property.  The trespass remains in effect during the appeal.

6.2.2 In addition, the appealing individual should submit a detailed written statement of the basis for the appeal, along with any other documents, photos, data, and any other information the person wishes the Chief to consider. Statements of witnesses or other individuals may also be submitted.

6.3  Appeal Review and Decision

6.3.1.  Chief’s Review

The Chief will review the written appeal and the trespass record to determine if the trespass was issued in compliance with this regulation.  The Chief may uphold, rescind, or modify the trespass and will provide the individual with their decision in writing.  If, following the Chief’s decision, the trespass period is for 180 days or less, the Chief’s decision shall constitute the final University decision and no further appeal of the decision is permitted.

6.3.2.  Further Appeal to Associate Vice Chancellor

If, following the Chief’s decision, the trespass period is greater than 180 days, the trespassed individual may further appeal the Chief’s decision to the Associate Vice Chancellor for Environmental Health and Public Safety (“Associate Vice Chancellor”).  Appeals to the Associate Vice Chancellor must be received within ten (10) calendar days from receipt of the Chief’s decision.  Failure to submit the appeal within this time limit will render the Chief’s decision final. The Chief’s decision shall remain in effect during the appeal.

6.3.3 Associate Vice Chancellor’s Review

After receiving and reviewing the written appeal and the record of trespass, the Associate Vice Chancellor may, in their sole discretion:

(a) request additional information or documentation from any involved party, including University Police, for further consideration;

(b) schedule a meeting where all involved parties may attend to present information and documents in person; or

(c) uphold, rescind, or modify the trespass.

The Associate Vice Chancellor shall inform the person of their appeal decision in writing.  The Associate Vice Chancellor’s decision shall be the final University decision, and no further appeal of the decision is permitted.

6.4 Trespasses Resulting from Code of Student Conduct Violations

Appeals for trespasses resulting from a violation of the Code of Student Conduct are controlled by the applicable procedures provided in  NCSU REG11.35.02 – Student Discipline Procedures or NCSU RUL 11.30.01 – Housing Disciplinary Procedures.

7. TRESPASS ARREST

7.1 University Police may arrest a person who refuses to leave University property after being asked to leave by an Authorized University Official.

7.2 In areas that are posted “no trespassing”, University Police officers are authorized to issue a citation or make an arrest, where appropriate.

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