Trespass

1.0    Purpose

This policy establishes the guidelines for issuing a trespass order to an individual. 

2.0    Revision History

3.0  Persons Affected

3.1  Casper College employees.

3.2  Casper College students.

3.3  Campus visitors, volunteers, and the public.

4.0  Policy

The policy of Casper College is to ensure the following:

4.1  Casper College strives to maintain an academic community which is open and accessible to the public.  However, when an individual’s actions are deemed to be threatening, harmful, and/or disruptive to the college and/or its individual members, contrary to the college’s policies, rules or regulations, or where the individual’s actions are contrary to law, an individual may be legally removed and or barred from college-owned or controlled properties.

4.2  There are two types of trespass orders that can be issued: (1) facility-specific trespass orders, and (2) college-wide trespass orders.

4.3  Trespass orders given to students or employees must be given in conjunction and in compliance with the appropriate processes for student code of conduct violations or employee performance deficiency and progressive discipline, respectively.

4.4  Trespass orders may be given to non-student, non-employee individuals based upon reasonable and credible information evidencing it is more likely than not, that the individual’s actions are harmful and/or disruptive to the college and/or its individual members.

4.5  College employees, acting within the scope of their duties, have the authority to verbally request that individuals leave an event or specific college-owned or controlled property if their behavior meets the definition provided in 4.1.  However, for the removal to apply for a period longer than 24 hours, a trespass order must be issued. For example, a visitor who engages in disruptive behavior at a sporting event may be directed by the Athletic Director to leave for the remainder of the event and not return to campus for 24 hours. If the visitor refuses to leave after being requested to do so, the Athletic Director may summon Campus Security. For the removal period to apply for longer than 24 hours, a trespass order will be issued by the director of campus security. 

Persistent and repeated prohibited conduct may, in the aggregate, result in the issuance of a trespass order, even if a single instance of such conduct does not.

4.6  The following individuals have the authority to issue trespass orders: the president, the vice presidents, the director of human resources, and the director of campus security.

5.0  Definitions

5.1  Facility.  All buildings, structures, grounds, fields, and parking lots owned or leased by the college.

5.2  Employees.  All executive, administrative, professional, classified, faculty, adjunct faculty, part-time, temporary, seasonal, on-call, and student employees who receive compensation from funds controlled by Casper College for work performed on behalf of the college, regardless of the funding source, job duties, compensation paid, or percent of time worked. 

5.3  Student.  A person currently enrolled in the college.

5.4 Trespass.  An action in which an individual enters an area of the college from which he/she has been trespassed by order issued by an authorized representative of the College. An individual who violates a trespass order is considered to be trespassing on college property.

5.5  Trespass order.  An official written communication from the college to an individual which restricts that person’s legal access to a specific facility or to all college facilities for a defined period of time.

5.6 Threatening, Harmful, and/or Disruptive Conduct: Shall include, but is not limited to, failure to comply with a reasonable and lawful request by a college official; being intoxicated or under the influence of substances; disrupting or interfering with an authorized performance, lecture, or sporting event; obscene language and gestures.

6.0  Responsibilities

6.1  The director of human resources (HR) is responsible for ensuring employee compliance with this policy. 

6.2  The vice president of student services is responsible for ensuring student compliance with this policy.

6.3  The director of campus security is responsible for ensuring visitor compliance with this policy and for maintaining records for all college trespass orders.

6.4  The vice president of administrative services is responsible for hearing appeals to trespass orders provided to non-student, non-employee individuals.

7.0  Procedures

7.1  Trespass orders

7.1.1  Trespass orders will be provided in writing to the offending individual notifying them they are not authorized to enter or remain on the premises defined in the order.

7.1.2  Trespass orders shall include (1) the reason the individual is being issued a trespass order; (2) the length of the trespass order; and (3) the appeal procedure available to the individual.

7.1.3.  Methods of delivery of trespass orders depend on the individual served and circumstance (for example the college’s knowledge of individual’s home address) and shall include college email (students and employees), certified mail (students, employees, and visitors), in-person (students, employees, and visitors). 

7.2  Appeal process

7.2.1  Appeals to trespass orders given to students or employees must be given in conjunction and in compliance with the appropriate processes for student code of conduct violations or employee performance deficiency and progressive discipline, respectively.

7.2.2  For trespass orders given to non-student, non-employee individuals, the offending individual may submit a written appeal to the vice president for administrative services for review, within ten (10) calendar days of service of the order upon them. The vice president for administrative services’ decision is final.

7.3  Exception requests

7.3.1  Individuals wishing to be granted a temporary, site-specific, or event-specific exception to their trespass order may submit an exception request, in writing, to the college employee who issued the trespass order.  Exception requests will be reviewed within ten (10) calendar days.

7.4  Violation of trespass order

7.4.1  Individuals found to be in violation of a trespass order will be referred to law enforcement partners and may be removed from the premises or arrested.

7.4.2  Violation of a trespass order may result in the existing order being extended in length and/or extended to other college facilities.

7.5  Record Management

7.5.1  The director of campus security shall keep a record of all trespass orders with the following information: name, facility-specific area, length, issuance date, expiration date, and status.  These records shall be kept for at least seven (7) years past the expiration date of the order.

7.5.2  Upon issuance of a new trespass order, the director of campus security or designee shall provide a copy of the order to local law enforcement, notifying them of the trespass action.

7.5.3  Trespass orders are circulated to college officials and others on a need-to-know basis. The Public Relations Office issues timely warnings to the campus community for incidents that have occurred on campus or adjacent property that pose a potential threat.