Trespass Policy #707
|Policy #707||Approved: July 10, 2017|
|UNIVERSITY OF NORTH CAROLINA SCHOOL OF THE ARTS
|Source of Authority:||
Appendix 1, Section XV, Campus Security, UNC Code;
Section 502, Chancellors of Constituent Institutions, UNC Code;
N.C.G.S. 116-34(a), Duties of Chancellor of Institution;
N.C.G.S. 116-40.5, Campus Law Enforcement Agencies
|History:||First Issued: July 10, 2017|
Grievance (SAAO-II & Other EHRA) Policy #614;
Department of Police and Public Safety;
Vice Provost and Dean of Student Affairs
|Effective Date:||July 10, 2017|
The University of North Carolina School of the Arts (UNCSA) is a public institution of higher education that is open to the general public. Even though UNCSA 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.
A. "University property" means property owned or leased by the State of North Carolina and allocated to UNC School of the Arts, UNCSA Foundation, and/or its Endowment Fund.
B. "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.
A. 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.
B. 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).
V. Revision History
A. July 10, 2017 - Approved by the Chancellor and Cabinet.
UNIVERSITY OF NORTH CAROLINA SCHOOL OF THE ARTS
A. UNC School of the Arts 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.
B. 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:
1. Commission or conviction of any criminal offense on or off university property;
2. Violation of university policies, regulations, or rules;
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. Presence on university property without satisfactory explanation; and
5. Otherwise behaving in a suspicious or disorderly manner while on university property.
C. A trespass is to be limited in scope to that which is reasonably necessary for the protection of the university community.
D. The duration of a trespass is one year unless otherwise specified or as modified during appeal.
E. Campus Police will maintain a listing of trespassed individuals. Authorized university officials must notify the Campus Police in writing when they issue a trespass.
F. 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.
G. 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.
H. 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.
II. Appeal Process
A. A person who has been given a trespass warning by Campus Police may appeal by submitting a written appeal to the Chief of Police (hereinafter referred to as Chief) 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 Chief to consider. The warning remains in effect during the appeal.
B. The Chief shall review the written appeal and the record of the trespass to determine if the trespass was issued in compliance with these procedures. The Chief 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 Chief’s decision is final. The Chief 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 Vice Chancellor for Business Affairs (hereinafter referred to as the Vice Chancellor).
C. If the person wishes to appeal the Chief’s decision, he/she may do so by submitting a written appeal to the Vice Chancellor within ten (10) business days of receipt of the Chief’s decision. The Chief’s decision remains in effect during the appeal. Upon receipt of the written appeal, the 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 Vice Chancellor will review all the evidence and may accept, reject or modify the Chief’s decision. The 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.
D. A student who has been trespassed by a Campus Police officer, and who receives a Referral to the Office of Student Conduct, may appeal the trespass by meeting with the Vice Provost and Dean of Student Affairs. The student may be directed to gather and provide additional information to the Vice Provost, depending on the specific features of that case. The Vice Provost will issue a written decision within ten (10) business days. If the student wishes to appeal the decision of the Vice Provost he/she may submit a written appeal to the Provost and Chief Academic Officer within ten (10) business days. Upon receipt the Provost 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 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 Provost will review all the evidence and may accept, reject or modify the trespass. The Provost 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.
III. TRESPASS ARREST
A. Campus Police may arrest a person who refuses to leave university property after being asked to leave by an authorized university official.
B. 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.
C. 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.
D. 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 trespassed, officers may obtain a warrant for trespassing.
Applicable North Carolina General Statutes
14-159.13. Second degree trespass.
(a) Offense. - A person commits the offense of second degree trespass if, without authorization, he enters or remains on premises of another:
(1) After he has been notified not to enter or remain there by the owner, by a person in charge of the premises, by a lawful occupant, or by another authorized person; or
(2) That are posted, in a manner reasonably likely to come to the attention of intruders, with notice not to enter the premises.
(b) Classification. - Second degree trespass is a Class 3 misdemeanor. (1987, c. 700, s. 1; 1993, c. 539, s. 102; 1994, Ex. Sess., c. 24, s. 14(c).)
14-159.12. First degree trespass.
(a) Offense. - A person commits the offense of first degree trespass if, without authorization, he enters or remains:
(1) On premises of another so enclosed or secured as to demonstrate clearly an intent to keep out intruders; or
(2) In a building of another.
(b) Except as otherwise provided in subsection (c), (d), or (f) of this section, first degree trespass is a Class 2 misdemeanor.
(c) Except as otherwise provided in subsection (d) of this section, a violation of subsection (a) of this section is a Class A1 misdemeanor if all of the following circumstances exist:
(1) The offense is committed on the premises of any of the following:
a. A facility that is owned or operated by an electric power supplier as defined in G.S. 62-133.8(a)(3) and that is either an electric generation facility, a transmission substation, a transmission switching station, a transmission switching structure, or a control center used to manage transmission operations or electrical power generating at multiple plant locations.
b. Any facility used or available for use in the collection, treatment, testing, storing, pumping, or distribution of water for a public water system.
c. Any facility, including any liquefied natural gas storage facility or propane air facility, that is owned or operated by a natural gas local distribution company, natural gas pipeline carrier operating under a certificate of public convenience and necessity from the Utilities Commission, municipal corporation operating a municipally owned gas distribution system, or regional natural gas district organized and operated pursuant to Article 28 of Chapter 160A of the General Statutes used for transmission, distribution, measurement, testing, regulating, compression, control, or storage of natural gas.
d. Any facility used or operated for agricultural activities, as that term is defined in G.S. 106-581.1.
(2) The person actually entered a building, or it was necessary for the person to climb over, go under, or otherwise surmount a fence or other barrier to reach the facility.
(d) If, in addition to the circumstances set out in subsection (c) of this section, the violation also includes any of the following elements, then the offense is a Class H felony:
(1) The offense is committed with the intent to disrupt the normal operation of any of the facilities described in subdivision (1) of subsection (c) of this section.
(2) The offense involves an act that places either the offender or others on the premises at risk of serious bodily injury.
(e) As used in subsections (c) and (d) of this section, the term "facility" shall mean a building or other infrastructure.
(f) A violation of subsection (a) of this section is a Class I felony and shall include a fine of not less than one thousand dollars ($1,000) for each violation, if any of the following circumstances exist:
(1) The offense occurs on real property where the person has reentered after having previously been removed pursuant to the execution of a valid order or writ for possession.
(2) The offense occurs under color of title where the person has knowingly created or provided materially false evidence of an ownership or possessory interest. (1987, c. 700, s. 1; 1993, c. 539, s. 101; 1994, Ex. Sess., c. 24, s. 14(c); 2012-168, s. 1; 2014-103, s. 10(a); 2016-26, s. 1.)