Ohio Admin. Code 3337-2-02 - Banning

(A) Overview

This policy identifies circumstances that may prelude a person's continued presence on property owned, leased, or operated by Ohio university ("university property"). Additionally, this policy establishes processes to be used for a person's immediate removal from university property, and/or forbidding their return for a specified period of time. Such processes need not be followed in cases of persons prohibited from entering university property pursuant to criminal or civil sanction of a court of law.

(B) Forbidden contact

Students, faculty, staff, and visitors Visitors assume an obligation to conduct themselves in a manner compatible with Ohio university's function as an educational institution. Therefore, any person who engages in behavior that is disruptive, threatening, jeopardizes the health and safety of others, or violates a written university policy or established code of conduct, can be removed from and/or denied access to university property.

(1) Active or passive, willful or deliberate obstruction, disruption, or occupation of building entrances, walks, stairways, passageways, approaches, classrooms, offices, parking areas, auxiliary rooms (power, telephone, etc.), or any other space that impedes implementation of authorized programs and functions of Ohio university;

(2) Detaining, holding, intimidating, injuring, or threatening to injure or coerce by bodily harm any person lawfully upon property owned, leased, or operated by Ohio university;

(3) Theft, malicious destruction, damage, or injury to property not personally owned;

(4) Conduct which creates a substantial risk of injury to a person or damage to property;

(5) For purposes of student conduct, the prohibitions contained in the "Student Code of Conduct" are incorporated into this policy by reference thereto. Student behavior and adjudication of inappropriate behavior is governed by the "Student Code of Conduct." This policy is not intended nor shall it be used as a mechanism to circumvent procedures associated with the "Student Code of Conduct."

(C) Authorized officials Removal from university property

The rules and procedures outlined in this paragraph are to be followed when a person is immediately removed from university property. following Ohio university officials will be authorized to order persons to immediately leave Ohio university property and forbid their return for a specific period of time, including indefinitely:

(1) Employees authorized to remove a person from university property President of Ohio university

The following university officials, and their designees, are authorized to remove a person from university property:

(a) President of Ohio university

(b) Executive vice president and provost of Ohio university

(c) Ohio university police officers

(d) Vice president for finance and administration

(e) Vice president for student affairs

(f) General counsel

(g) Regional campus deans (for regional campuses)

(h) Extension campus deans (for extension campuses)

(2) Procedure to follow when a person is removed

(a) Some element of forbidden conduct, as described in paragraph (B) of this rule, must be observed by or reported to a university employee.

(b) The appropriate Ohio university employee will verbally instruct the person to leave university property.

(c) If the person does not voluntarily comply, call the proper police department for assistance.

(d) If the observed or reported forbidden conduct merits banning the person from university property, follow the process outlined in paragraph (D) of this rule.

(2) Executive vice president and provost of Ohio university

(3) Ohio university police officers

(4) Vice president for finance and administration

(5) Vice president for student affairs

(6) General counsel

(7) Regional campus deans (for regional campuses)

(D) Banning from university property

The rules and procedures outlined in this rule are to be followed when forbidding a person from entering university property for a specific period of time, including indefinitely. This paragraph does not apply to Ohio university's current students or emplyees, for whom existing applicable disciplinary procedures will be used to address incidents of alleged misbehavior.

(1) A verbal notice may be given when needed and appropriate. Officials authorized to ban a person from university property

The following university officials are authorized to forbid a person from entering university property:

(a) President of Ohio university

(b) Executive vice president and provost of Ohio university

(c) Ohio university police officers

(d) Vice president for finance and administration

(e) Vice president for student affairs

(f) General counsel

(g) Regional campus deans (for regional campuses)

(h) Extension campus deans (for extension campuses)

(2) A written notice will be, where practical, personally sent to the person by the official initiating the action directly or after a verbal notice.

(2) Procedure to follow when a person is banned:

(a) A verbal notice may be given when needed and appropriat.e

(b) A written notice will be, when practical, mailed to the person, or delivered in person, by the university official initiating the action, directly or after a verbal notice.

(3) Written notice

A copy of all notices issued pursuant to this policy will be forwarded to the Ohio university police department and the office of legal affairs. The written notice will include the following:

(a) Name and last known address of the person being banned.

(b) Specification of the alleged unacceptable behavior.

(c) Location(s) the individual is prohibited from entering.

(d) Notification that the ban is effective until the given expiration date, and that the person is subject to arrest for trespassing during such period of time.

Example wording:

"You are not to enter Ohio university property until such time has expired per the ban dates indicated on this notice, unless this notice is modified or rescinded in writing. You are subject to arrest and criminal prosecution for trespassing during the period of time you are banned."

(e) The dates the ban is in effect.

(E) Reviewers

Proposed revisions of this policy should be reviewed by

(1) Vice president for finance and administration

(2) Ohio university chief of police

(3) Provost's office

(4) Vice president for student affairs

(5) President for student affairs and dean of students

(6) Chief human resource officer

(7) Academic deans

(8) Regional campus deans

(9) Faculty senate

(10) Administrative senate

(11) Student senate

(12) Graduate student senate

(E) Written notice A copy of all notices issued pursuant to this policy will be forwarded to the Ohio university police department and the office of legal affairs. If the person being banned is a student, a copy of all notices will also be forwarded to the dean of students office. The written notice will include the following:

(1) Name and last known address of the person.

(2) Process for an appeal.

(3) Specification of the alleged unacceptable behavior.

(4) Notification that the person is prohibited from being on Ohio university property, including while an appeal is pending, until the ban expires, and is subject to arrest for trespassing during this period of time.

Example wording:

"You are not to enter Ohio University property until such time has expired per the ban dates indicated on this notice or the ban is modified by a review. You are subject to arrest and criminal prosecution for trespassing during the period of time you are banned."

(5) Location(s) the individual is prohibited from entering.

(6) Inclusive dates prohibition is in effect.

(F) Appeals Persons forbidden to enter Ohio university property pursuant to this policy may file for an appeal with the chief of Ohio university police department, 118 Ridges circle, Athens, OH 45701. Within thirty calendar days of receiving the appeal, the chief or their designee shall convene a review; the person banned will be notified of the date, time, and location.

Failure to file for a review will result in a determination that the prohibition will be sustained and the banned person will be subject to arrest and criminal prosecution for trespassing during the specified period of time.

(1) Composition The review committee shall have the following composition:

(a) Ohio university police department (chair), one representative;

(b) Legal affairs, one representative;

(c) Vice president for finance and administration, one representative.

(2) Review The review shall be conducted according to the following:

(a) A written record of the review shall be kept.

(b) The banned person who files for an appeal can be accompanied by a person who may assist but not play an active role in the review.

(c) Notice of final disposition of the appeal will be provided to the affected person within thirty days of the review.

Notes

Ohio Admin. Code 3337-2-02

Effective: 12/3/2024
Promulgated Under: 111.15
Statutory Authority: 3337.01
Rule Amplifies: 3337.01
Prior Effective Dates: 04/20/2023