Trespassing on University Property
REG 04.05.1
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. Additional History Information.
Additional References: NC General Statute 14-159.12 or 14-159.13
Contact Info: Associate Vice Chancellor for Environmental Health and Public Safety (9191-515-4238).
1. General:
North Carolina State University is a tax-supported state institution and may
be visited by the general public under certain conditions. Persons who violate
university policy, regulations, 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 her/his duly authorized representative. These individuals
may be removed from the campus by use of a trespass warning under the authority
of North Carolina General Statutes 14-159.12 or 14-159.13.
2. Procedures:
2.1. Even though North Carolina State University is an open campus, reasonable
limits, consistent with the First Amendment of the U.S. Constitution, may
be imposed on the time, place, manner and types of activities for which access
will be permitted. Therefore, depending on the circumstances any person may
be directed to leave a specific area of the University although the rest of
the campus may remain open to them. Where appropriate, a person may be banned
from the entire campus.
2.2. The North Carolina State University Campus Police Department is assigned
the responsibility to assist the Chancellor in exercising her/his authority
to remove those individuals who do not abide by university policies, practices,
or rules or who pose a risk to campus safety or security.
2.3. Persons may be directed to leave or prohibited from entering the campus
or a specified area, and given trespass warnings if they have done any of
the following:
2.3.1. Committed any crime on campus;
2.3.2. Have threatened, and/or interfered with any member of the university community,
including faculty, staff, students, and visitors, or have acted in a way
that poses or indicates a threat of disruption to normal university operations;
2.3.3. Violated university policies, regulations, or rules;
2.3.4. Observed prowling around buildings or parking lots without satisfactory
explanation;
2.3.5. Otherwise behaved in a suspicious or disorderly manner;
2.3.6. Represent a continuing threat to the campus community by having committed
serious criminal offense(s) on or off campus.
Members of the university community who fall into the above categories should,
if possible, be handled through the appropriate Dean, Department Head, or
Office of Student Conduct. They may however, be directed to leave certain
areas.
2.4. Trespass Warnings are to be limited in scope to that which is reasonably
necessary for the protection of the University and its community.
2.5. Appeal Process
2.5.1. A person who has been given a trespass warning may appeal by submitting
a written appeal to the Director of the Campus Police Department (hereinafter
referred to as Director) within ten days of the date the warning was given.
The written appeal should include the person's reason for being on campus
at the time, the person's future need to be on campus, and any other information
the person wishes the Director to consider. The warning remains in effect
during the appeal.
2.5.2. The Director shall review the written appeal and, the record of the warning
to determine if the warning was imposed in compliance with these procedures.
The Director may accept, reject or modify the warning in a written decision
that will be mailed to the appellant. If the period of the trespass is 30
days or less, the Director's decision is final. The Director shall inform
the person in writing of the decision within 10 working days and, if the
period of the trespass warning exceeds 30 days, the person has the right
to appeal to the Associate Vice Chancellor for Environmental Health and
Public Safety (hereinafter referred to as the Associate Vice Chancellor).
2.5.3. If the person wishes to appeal the Director decision, he/she may do so
by submitting a written appeal to the Associate Vice Chancellor within ten
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 ten days before the hearing that
the person may attend and present relevant evidence and witnesses. The officer
who issued the trespass warning shall also be notified and will attend the
hearing and may be questioned. Attendance at the hearing will be restricted
to the trespassed person, 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)
working days of the hearing.
2.5.4. Trespass Arrest
2.5.4a. Officers may arrest when a person has been warned and refuses to leave.
2.5.4b. In areas that are properly posted "no trespassing" officers are authorized
to issue a citation or make an arrest, where appropriate, for 2nd
Degree Trespassing.
2.5.4c. Officers may arrest when a person is detained on campus property and
records indicate a previous trespass warning notice.
2.5.4d. Trespass warnings for minor offenses, older than one year, should not
result in arrest. Written warnings should be given again, if appropriate,
and the file updated. Court orders and University disciplinary order/decisions
remain in effect for the duration stated in the order/decision, and may
result in arrest for that time period.
2.5.4e. If there is any doubt concerning the arrest, the officer should give
another warning and escort the person from campus. If a review of the
incident by campus police officials indicates the individual was trespassing,
officers may obtain a warrant for trespassing.
