132R-117-020 - Trespass

132R-117-020. Trespass

(1) The president of the college, or the president's designee, has the authority to grant, deny, or withdraw permission for people to be on college property. Any individual who is on college property must comply with college rules. Access to college property may be limited to certain times, certain uses, or certain groups of people. People who are on college property or within a college building without permission may be ordered to leave by any college official.

(2) People who remain on college property without permission, who disrupt college activities, interfere with people's ability to access buildings, or whose conduct threatens the health, safety, or security of anyone on campus may be removed from college property and given a twenty-four-hour trespass notice by the president, the president's designee, or a member of campus security.

(3) In the event a person's conduct continues to threaten the health, safety, or security of anyone on campus, the president or president's designee may trespass the person from college property for up to one year, except expelled students may permanently be trespassed from campus. Any prior license or privilege to be on college property is revoked by the notice of trespass.

(4) A person who is trespassed from college property shall be given a written notice of trespass identifying:

(a) The reason why the person is being trespassed;

(b) The duration and scope of the trespass;

(c) The method for appealing the notice; and

(d) A warning that failing to comply with the notice may result in the person's arrest and criminal charges under chapter 9A.52 RCW.

(5) Appeals.

(a) If a current student is trespassed from campus, the initial trespass notice is considered a summary suspension under WAC 132R-04-064 and the student will receive an emergency appeal hearing under WAC 132R-04-064 with the conduct review officer as defined in WAC 132R-04-015(2). The authority to bar students from college property in this regulation is separate from and in addition to the authority of the student conduct officer as defined in WAC 132R-04-015(1). At the conclusion of the entire student conduct process, a student who is expelled may be permanently trespassed from college property in accordance with WAC 132R-04-063(11).

(b) If a current employee is trespassed from a particular portion of campus that the employee does not need to access to perform his or her job (e.g., ejected from DeVries Activity Center during a basketball game), the employee can appeal the decision under (c) of this subsection. If an employee is trespassed from all college property because his or her conduct threatens the health, safety, or security of anyone on campus, the employee will be considered to have been placed on paid administrative leave by issuance of the trespass notice and the college will follow its normal employment processes for investigating the alleged behavior and determining what level of discipline, if any, is appropriate.

(c) All other persons who have been removed or trespassed from university property may appeal the decision by submitting to the president or president's designee, by certified mail, a letter stating the reasons the person should not be barred from college property within twenty-one days of issuance of the trespass notice. The trespass notice will remain in effect during the pendency of any review period. The president or president's designee shall review all relevant information and issue a written order affirming, modifying, or revoking the trespass within twenty days after the request for review is received. This decision is the college's final decision.

(Amended by WSR 19-21-081, Filed 10/14/2019, effective 11/14/2019)

Statutory Authority: RCW 28B.50.140 and chapter 34.05 RCW. 03-15-063, ยง 132R-117-020, filed 7/14/03, effective 8/14/03.

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