16.21 – Restricted/Prohibited Access to Campus

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Scope: NMSU System

Source: ARP Chapter 16 | Safety and Risk Management

Rule Administrator:

Last Updated: Not Available

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Revision History:

2017 Recompilation, formerly Rule 3.10

A. Restrictive Access Rule


In order to establish an appropriate environment and preserve university property for educational purposes, the university reserves the right to restrict access to some of its lands and facilities. Academic spaces are generally used for educational purposes only, and buildings which serve as residences for students are restricted to students, their guests, and appropriate university employees. While some other university facilities and grounds are available to the general public, activities must be scheduled and authorized, and facilities/grounds must be used according to university rules and regulations. No individual(s), except for those contracted to reside on campus, shall temporarily or permanently remain overnight on the property of the Board of Regents, or dwell on the property of the board, including but not limited to, in motor vehicles, or in temporary or permanent structures, without the specific prior approval of the vice president for student affairs and enrollment management (or designee). Members of the campus community, as well as visitors, are expected to behave in ways that do not interfere with the rights of others to pursue an education and/or do not disrupt community living on campus. Behaviors of any individuals that interfere with, disrupt, impair, or obstruct the processes, procedures, or functions of the university are prohibited. Failure to comply with this Rule could subject the individual to warning, probation, and removal from the campus, arrest, barring from the campus, or any other sanctions applicable under the Student Code of Conduct, university personnel policies, or state or federal laws. Actions taken under this Rule will be initiated by the appropriate dean or vice president (or designee). Contested administrative actions may be appealed in writing to the executive vice president and provost within 3 working days after receipt of the decision made by the appropriate dean or vice president. The decision of the executive vice president and provost is final.

 

B. Prohibited Access Rule


The following individuals may be prohibited from entering upon land or buildings owned or used by the board, its colleges, departments, community colleges, experiment stations, ranches, and all property owned or occupied by agencies supervised by the board:

  1. Persons charged with criminal acts against the board or students or employees during the pendency of such criminal charges.
  2. Persons found guilty by a court of competent jurisdiction of criminal acts against the board or students or employees.
  3. Any individual whose presence on the campus constitutes a clear and present danger to the persons, property, or peace of the board, or students, employees, or agents (contractors).
  4. Any individual whose presence on campus, given all attendant circumstances, could reasonably cause injury against the persons or property of the board or students or employees.
  5. Any student ordered withdrawn under the Medical/Psychiatric Withdrawal Rule (available in the Office of the Vice President for Student Affairs and Enrollment Management).

In order to be prohibited from use of university lands and buildings, individuals must be notified in writing of the prohibition by the vice president for student affairs and enrollment management (or designee). Notice may be made personally or by certified mail. Individuals so notified shall be immediately barred subject to the right to request a hearing within 3 days of the service of the notification or within 6 days of the date of mailing the certified letter. Extension of time will be given to the next business day for any day that occurs on a weekend or a holiday as established by the university. Appeals shall be made by giving written notice to the Office of the Executive Vice President and Provost of intent to appeal. Hearing on the appeal shall be within 7 days from the receipt of the notice of appeal. Neither the individual prohibited nor the university shall be represented at the hearing by legal counsel.

The hearing need not conform to the strict rules of legal evidence. In the event that the executive vice president and provost reverses the prohibition, the individual shall be immediately entitled to enter upon university land or property. In the event that the executive vice president and provost affirms the decision, the individual’s prohibition shall continue. The decision of the executive vice president and provost is final. Under most circumstances, prohibitions under this Rule will be for one year or less. When the prohibition is indefinite, the affected individual may petition for the removal of the prohibition after one calendar year by submitting a written request to the vice president for student affairs and enrollment management. With respect to individuals convicted of criminal acts against the university, its students, or employees, the one year shall commence at the time the individual is released from incarceration resulting from the conviction. Any violation of such prohibition may result in legal action by the board against the individual, including such criminal charges as may be appropriate under the circumstances, including criminal trespass.

 

C. Vacating University Buildings or Property


The university recognizes the importance of providing a venue where members of the community can freely and openly express their ideas. However, if an individual(s) and/or organization improperly or illegally occupies university buildings or property, the following statement will be read:

You are violating university regulations and/or state laws concerning improper occupation of buildings or property. If you leave within the next 10 minutes, no further action will be taken. If you do not leave within 10 minutes, you may be arrested. If you are a student, you may also be subject to disciplinary action as outlined in the Student Code of Conduct. 

In the event a crime (other than the peaceful but illegal occupation of a building or property) has occurred, is occurring, or is about to occur, action may be taken without regard to the above statement by the appropriate university officials in order to protect the safety, lives, and property of the university community.