Utah Admin. Code R813-3-6 - Trespass Orders
(1) Pursuant to
Utah law, the University President, as the chief administrative officer, may
order individuals to leave University Property.
(a) To ensure the safety and security of the
campus, the President delegates authority to the Chief of Police to issue and
carry out Trespass Orders.
(b)
Further, the President delegates the Chief of Police with authority to
designate members of the Utah State University Police Department with authority
to act for the Chief of Police and order individuals to leave University
Property and to otherwise support the Chief of Police in enforcing this
rule.
(c) This designation and
authority will remain in effect until such authority is rescinded by the
University President.
(2)
The President and the Chief of Police or their Designee or Designees may
verbally order an individual to leave the University Property if there is
reasonable cause to believe an individual:
(a) intends to act to:
(i) cause injury to a person;
(ii) cause damage to property;
(iii) commit a crime;
(iv) interfere with the peaceful conduct of
the activities of the University;
(v) violate any lawful university rule,
policy, or regulation;
(vi) disrupt
the University, its pupils, or the University's activities; or
(b) is reckless as to whether the
person's actions will cause fear for the safety of another.
(3) When ordering an individual to
leave University Property, the Chief of Police or the Chief's Designee or
Designees will:
(a) identify themselves to the
offending individual;
(b) request
that the offending individual identify themselves;
(c) ascertain whether the offending
individual is a member of the University community or the public;
(d) explain that the individual is being
trespassed from University Property, meaning that the individual may not return
until the date stated on the forthcoming Written Trespass Order; and
(e) explain the consequences for failing to
adhere to the Trespass Order, including that the individual will be in
violation of Utah law and may be charged with a Class B misdemeanor for the
first offense and a Class A misdemeanor for a second offense.
(4) After issuing the Verbal
Trespass Order, the Chief of Police or Designee or Designees will draft a
Written Trespass Order. USU PD will serve the Written Trespass Order to the
offending individual within two business days of the Verbal Trespass
Order.
(5) Regardless of whether a
Verbal Trespass Order has been issued to an offending individual, the Chief of
Police or Designee or Designees will issue a Written Trespass Order. At
minimum, the Written Trespass Order will include:
(a) the date on which the Verbal Trespass
Order, if applicable, was issued;
(b) the date on which the Written Trespass
Order is effective;
(c) the areas
from which the individual is trespassed;
(d) the actions committed by the individual
that are the basis for the Trespass Order;
(e) the date on which the Trespass Order will
expire; and
(f) an explanation of
the individual's right of appeal and the process for doing so.
(6) All Written Trespass Orders
delivered by USU PD will be recorded through the USU PD reporting systems and
will be copied to the Vice President for Student Affairs if the offending
individual is a student, the University Provost, and the responsible Dean if
the offending individual is faculty, and the responsible Vice President or Dean
if the offending individual is an employee.
Notes
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