16.21 – No Trespass Directive – Restricted Campus Access

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Details

Scope: NMSU System

Source: ARP Chapter 16 | Safety and Risk Management

Rule Administrator:

Last Updated: 04/12/2019

Related

Cross-Reference:

ARP 5.20 – Student Social Code of Conduct



Revision History:

04/12/2019 Amendment approved by Chancellor
2017 Recompilation, formerly Rule 3.10

PART 1: CONDUCT ON NMSU CONTROLLED PROPERTY


In order to establish a safe environment and preserve university property for educational purposes, the NMSU Board of Regents (NMSU) reserves the right to prohibit or restrict access to any property under its control.  University officials and administrators specified by this rule to perform specific acts may designate in writing another university official or employee to perform on their behalf. 

  1. Use of NMSU Property: NMSU property and facilities are maintained for the use of individuals engaged in activities undertaken in furtherance of the NMSU mission.  Academic space is generally reserved for educational purposes only, and campus housing and immediately surrounding property are reserved for use by qualifying members of the university community.  Some university facilities and the grounds may be open to the general public during university business hours, but all activities and events must be scheduled consistent with NMSU rules and regulations (e.g. ARP 3.63, ARP 12.70, ARP 12.71, ARP 16.04, ARP 16.05 and ARP 18.61).  The public may contact the appropriate facility scheduling authority to inquire about the use of a specific space or facility controlled by NMSU.
  2. No Overnight Stays: NMSU forbids overnight stays on NMSU controlled property, including but not limited to, in motor vehicles, or in temporary or permanent structures, without (1) a contract or other written permission to do so. The Relevant Campus President is authorized to issue written permits for overnight stays.
  3. Prohibited Conduct: Individuals who come onto NMSU controlled property, regardless of status, are required to abide by all applicable state and federal laws, as well as NMSU policies, rules and regulations. Conduct which violates university policies or the law; interferes with educational mission; creates an actual or perceived risk to the safety of the campus community; or which disrupts, impairs or obstructs university activities, procedures, functions or residential life on campus is prohibited.  Such conduct is governed by this rule regardless of whether that conduct occurs on or off NMSU controlled property, provided that the consequences of the conduct impact NMSU or members of its community.
  4. Consequences for Violation: Sanctions for violations of this rule will be commensurate with the degree of harm or damage threatened or resulting from the conduct and may include: warning, arrest and removal from the campus, issuance of No Trespass Directive, civil or criminal prosecution, or any other sanction afforded under NMSU policies or state or federal law.

 

PART 2: DEFINED TERMS


The following defined terms will be capitalized and apply for purposes of this rule:

  1. Day: When used in this rule, a day means a university business day (Monday through Friday 8:00 a.m.to 5:00 p.m.), and excludes NMSU official holidays and other closures.
  2. No Trespass Directive (or NTD): A written notification issued to an individual by an authorized NMSU administrator which informs an individual that the individual is prohibited from entering upon specified property or facilities owned or controlled by NMSU, that any physical presence on the specified property will be considered an illegal trespass, and that the individual may be charged with criminal trespass or subject to civil action for violating the directive.
  3. Relevant Campus President: The president of the NMSU campus where the incident resulting in action under this rule occurred. (Note: Under Part 1 above, each campus president is authorized to designate in writing another NMSU official or employee to perform the duties assigned to the Relevant Campus President.)
  4. Student: See definition of Student in ARP 5.20 – Student Social Code of Conduct, Part 6 S.

 

PART 3:  AUTHORITY TO ISSUE NTD IN SPECIFIC SITUATIONS


  1. Dean of Students (NTD for NMSU Students as part of Conduct Case): In the case of NMSU Students, disciplinary action and sanctions for policy violations are imposed by the dean of students or designee, in accordance with the Student Social Code of Conduct.  A NTD may be included as may be appropriate as an interim protective measure (e.g. as part of an interim suspension), and also in disciplinary decisions imposing suspension, dismissal or expulsion.
  2. Human Resource Services (NTD for NMSU Employees as part of Employee Disciplinary Action): In the case of employees, disciplinary action and sanctions for policy violations are imposed through the employee disciplinary processes under the direction of the HR Employee Labor Relations unit.  A NTD may be included as may be appropriate in any written notification that an employee has been placed on administrative leave or other leave, with or without pay, issued by or with the approval of the Associate Vice President of Human Relations and also in disciplinary decisions imposing suspension or dismissal.
  3. Relevant Campus President (NTD for Non-Students, Non-Employees): Non-Student and non-employees who violate this policy are subject to sanctions as may be determined by the Relevant Campus President.  A NTD may be issued by the Relevant Campus President, based upon the determination of adequate grounds.
  4. NMSU Police Department (Temporary NTD for any person): The NMSU Police Department is authorized to issue a written temporary NTD when a police officer has cause to believe that grounds for a NTD exist. The temporary NTD remains in effect no later than 5:00 p.m. of the second full Day after the NTD is issued. The NMSU Police Department will notify the Relevant Campus President or designee when a temporary NTD has been issued.
  5. Office of Institutional Equity (NTD as Title IX Supportive Measure for any person): The Office of Institutional Equity (OIE) is authorized to issue a written temporary NTD when required as a supportive measure necessary for the support or safety of Students in compliance with Title IX.  The temporary NTD remains in effect no later than 5:00 p.m. of the second full university business Day after the NTD is issued. OIE will notify the Relevant Campus President when a temporary NTD has been issued.

 

PART 4: ISSUANCE AND DURATION OF NO TRESPASS DIRECTIVE (NTD)


  1. Grounds: A NTD may be issued to any individual who meets any one of the following criteria:
    1. The individual is charged with criminal acts relating to damage to NMSU property or direct threat or actual harm to any Students or other members of the university community; the individual may petition for termination of the directive in the event that the charges are dismissed without a finding of guilt.
    2. The individual is convicted of criminal acts resulting in damage to NMSU property or direct threat or actual harm to Students or other members of the university community.
    3. The individual is reasonably believed to create an unreasonable risk of harm to NMSU property or the safety, security and well-being of Students or other members of the university community based on credible facts as may be determined by the relevant NMSU official, after consultation with the university’s legal counsel.
  2. Procedures: The procedures for issuance of a No Trespass Directive are set forth below:
    1. Review by Legal Counsel: Except in the case of a temporary NTD issued by a police officer or OIE (See Part 3, D. and E.), University representatives authorized to issue a NTD will consult in advance with the university’s legal counsel regarding the justification, form and content of each NTD.
    2. Notice to Individual: The NTD will be served upon the individual by (1) in-person delivery, or (2) email or USPS mail, followed by a copy sent by certified mail, or (3) any other means determined reasonably likely to give the individual actual notice. A statement of service describing the method(s) of delivery will be signed by the individual serving the notice and maintained by the office issuing the NTD.  The issuing administrator will send a copy of the notice and statement of service to the NMSU Police Department and the University General Counsel.
    3. Right to Contest Grounds: Students and employees may appeal the issuance of a NTD in accordance with the applicable disciplinary appeal process. Any other individual who is the subject of a NTD may, within 3 business days after notification of the NTD, request an informal hearing to rebut the facts provided in the notice as provided below.  The request must be in writing and delivered to the office of the Relevant Campus President. The NTD remains in effect pending the informal hearing, and the individual must obtain permission to attend in accordance with the Notice of the informal hearing.
    4. Informal Fact Finding Hearing: Upon receipt of a timely request for hearing, the Relevant Campus President will schedule and conduct an informal fact finding hearing to determine whether adequate grounds exist to justify the NTD. The Relevant Campus President will make a written determination within five (5) business days after the hearing and will notify the individual of the determination. The decision of the Relevant Campus President is final.
  3. Effective Date and Duration: The NTD commences upon notification of the named individual.  Notification by personal delivery is effective immediately.  Notification by email or USPS mail is deemed effective three (3) Days after dispatch. The NTD typically indicates a termination date of one year or less from the date of issuance. An NTD with no termination date continues in effect indefinitely, unless otherwise modified or terminated by the Relevant Campus President pursuant to the process set forth below in Section E.
  4. Consequences for Violation: A violation of a NTD may result in legal action against the individual, including criminal charges. The local police department with jurisdiction is authorized and requested to arrest any individual found to be present on NMSU property in violation of a NTD.
  5. Petition to Terminate Indefinite NTD: After a minimum of one year from the date of issuance, an individual subject to a continuing NTD may petition for termination of the NTD, by submitting a written request to the Relevant Campus President. With respect to individuals convicted of criminal acts against the university, its Students, or employees, the request will not be considered until at least one year after the individual is released from any incarceration resulting from the conviction.
    1. Petitions are granted at the discretion of the Relevant Campus President, in consultation with the university’s legal counsel and the university police department, taking into consideration the justification provided by the petitioner and the interests of the university and other third parties potentially affected by termination of the NTD.
    2. Five Days after a determination terminating a NTD, the affected individual will be entitled to enter upon NMSU controlled property. (See Part 5)

 

PART 5: CENTRALIZED REPORTING; POLICE DEPARTMENT DATABASE


The NMSU Police Department will provide for the various departments’ use an electronically maintained database or other repository to record all action taken in accordance with this rule.   The issuance of an NTD, its expiration or other change in status, must be recorded in this centralized recordkeeping database or repository promptly, for the police to be able to subsequently take appropriate action based on the entry.  For example, temporary NTD’s must be entered immediately with the expiration date and time noted.  Initial NTD’s must also be entered immediately following issuance.  In the event of an NTD is terminated as a result of the informal hearing or subsequently upon petition, the Relevant Campus President will cause the change in status to be entered in the database promptly, and within five (5) Days.