Trespassing on University Property
Initially approved: June 3, 2013
Policy Topic: University Facilities and State Owned Property
Administering Office: Vice Chancellor for Administration and Finance; University Police
I. POLICY STATEMENT
Western Carolina University (“WCU”) is a public institution of higher education that
is open to the general public. Even though WCU is an open campus, the university has
the ability to determine the expectations and parameters for a person’s presence on
University Property. Reasonable limitations, consistent with applicable free speech
laws, may be imposed on the time, place, manner and types of activities for which
access to University Property may be allowed. In addition, the university has the
ability to restrict, withhold, or remove a person’s access to or presence on University
Property due to safety considerations relating to the university community. This Policy
describes the circumstances under which a person’s access to or presence on University
Property may be restricted, withheld, or removed. This Policy also provides the procedures
for trespassing a person from a specific area of University Property (while having
access to other University Property), or where appropriate, from all University Property.
A person may also be trespassed from contacting or being near another person in appropriate
II. SCOPE AND APPLICATION OF POLICY
This Policy applies to all WCU students and employees as well as contractors, invitees,
and any other person visiting the WCU campus.
Persons who violate University Policies or pose a risk to campus safety or security
have no "right" to be on University Property and may be advised to leave by the Chancellor
or his/her designee. Such persons may be trespassed from University Property by use
of a trespass warning pursuant to North Carolina General Statutes §14-159.12 or §14-159.13
or as authorized by this Policy.
"University Property" means property owned or leased by the State of North Carolina
and allocated to WCU and/or its Endowment fund.
"Authorized University Official" for purposes of this Policy means any University
Police officer, the Vice Chancellor for Student Affairs or his/her designee, the Director
of Residential Living, or Director of the Department of Student Community Ethics ("DSCE").
A. Issuance of Trespass
WCU's Chancellor has delegated to the University Police the primary authority to restrict,
withhold or remove access to University Property from persons who (i) violate University
Policies, or (ii) pose a risk to the safety or security of the university community.
Trespasses may be issued by University Police or by other Authorized University Officials
related to student conduct concerns.
A person has been "trespassed" when a no trespassing notice is posted on property,
or when an Authorized University Official has provided oral or written notice to a
person that the person should not be on certain property. A trespass warning may include
notice that the person is not to be within a certain distance of one or more other
persons, as well as notice to not be present on University Property. A person also
commits trespass upon entering property that is enclosed or secured in a manner that
indicates the person should not be there (e.g., a locked building or a laboratory
that has been closed for safety inspection).
Persons may be directed to leave or may be prohibited from entering University Property
or prohibited from contacting or being near another person and/or given a trespass
for reasons including but not limited to the following: (1) commission or conviction
of any criminal offense on or off University Property; (2) violation of University
Policies;(3) engaging in behavior or conduct that presents a threat to University
Property or the university community; (4) presence on University Property without
satisfactory explanation; or (5) otherwise behaving in a suspicious or disorderly
manner while on University Property.
A trespass is to be limited in scope to that which is reasonably necessary for the
protection of the university community.
The duration of a trespass is one (1) year unless otherwise specified or as may be
modified upon appeal.
University Police will maintain a listing of trespassed individuals. Authorized University
Officials must notify the University Police in writing when they issue a trespass
specific to their area(s) of responsibility.
B. Student Trespass; Separation from the University or Residence Halls
Every student who receives an interim suspension, suspension or expulsion from DSCE
will be trespassed/separated from the University upon written notice by the Director
of DSCE. The trespass shall remain in effect permanently in the case of expulsion
or until his/her suspension is terminated. Every student who is suspended on a permanent
or interim basis from the residence halls will be trespassed/separated from the residence
halls upon written notice by the Director of DSCE. Actions taken under this Section
IV.B will be in accordance with the requirements of the Code of Student Conduct.
C. Lift or Reduction of Trespass
An Authorized University Official who issues a trespass may lift or reduce the trespass
if, in his/her discretion, a determination is made that circumstances justify removal
or reduction of the trespass. The Authorized University Official shall consult with
the Behavioral Assessment Team ("BAT") prior to lifting any trespass issued for a
violation of any provision of University Policy #109, "Campus/Workplace Violence Prevention
Once the Authorized University Official lifts the trespass, they shall provide written
notice to the University Police so that records may be updated. The person subject
to the trespass should not return to the restricted area until he/she has been notified
by University Police that the trespass has been lifted.
A. Appeals of Trespass
A person (the "Appellant") who has been given a trespass warning by University Police
may appeal by submitting a written appeal to the Assistant Chief of University Police
("Assistant Chief") within seven (7) calendar days of the date the warning was given.
The written appeal should include the Appellant's reason for being on University Property,
the person's future need to be on University Property, and any other information the
Appellant wishes the Assistant Chief to consider. The warning remains in effect during
The Assistant Chief shall review the written appeal and the record of the trespass
to determine if the trespass was issued in compliance with this Policy. The Assistant
Chief may accept, reject or modify the trespass in a written decision that will be
mailed to the Appellant. If the period of the trespass is thirty (30) calendar days
or fewer, the Assistant Chief's decision is final. The Assistant Chief shall inform
the Appellant in writing of the decision within fourteen (14) calendar days of receiving
the written appeal. If the period of the trespass exceeds thirty (30) calendar days,
the Appellant has the right to appeal the Assistant Chief's decision to the Director
of Police and Parking Services (the "Chief of Police").
If the Appellant wishes to appeal the Assistant Chief's decision, he/she may do so
by submitting a written appeal to the Chief of Police within seven (7) calendar days
of receipt of the Assistant Chief's decision. The Assistant Chief's decision remains
in effect during the appeal. Upon receipt of the written appeal, the Chief of Police
will set a date, time, and place for an informal hearing, and will advise the Appellant
in writing at least five (5) calendar days before the scheduled hearing that the Appellant
may attend the hearing and present relevant evidence and witnesses. The University
Police officer who issued the trespass shall also be notified of the hearing so that
he/she may attend the hearing, answer questions, and present relevant evidence. Attendance
at the hearing will be restricted to the Appellant, the University Police officer
who issued the trespass, and others having personal knowledge of the events. Attorneys
may not attend the hearing. The Chief of Police will review all the evidence and may
accept, reject or modify the Assistant Chief's decision. The Chief of Police will
notify the Appellant in writing of his/her decision and that the decision is the final
university decision, which may be appealed to the Jackson County Superior Court pursuant
to Article 4, Chapter 150B, of the North Carolina General Statutes. The decision and
notice of appeal rights should be sent by certified mail; return receipt requested
within fourteen (14) calendar days of the hearing.
B. Student Appeals
A student who has been trespassed/separated from the University and/or residence halls
as a result of a conduct sanction may appeal as described in Section XVIII of the
Code of Student Conduct.
VI. TRESPASS ARREST
University Police may arrest a person who refuses to leave University Property after
being asked to leave by an Authorized University Official.
In areas that are properly posted "no trespassing", University Police officers are
authorized to issue a citation or make an arrest, where appropriate, for second degree
Court orders and university disciplinary sanctions remain in effect for the duration
stated in the sanction, and may result in arrest for violations during that time period.
If an arrest for trespass cannot be substantiated at the time of response, the University
Police Officer should give the person another warning and escort the person from University
Property. If a later review of the incident by University Police indicates the individual
was trespassing, officers may obtain a warrant for trespassing.
VII. POLICY REVIEW
This policy shall be reviewed and revised as necessary every four (4) years.
VIII. RELATED POLICIES AND RESOURCES
University Policies: http://www.wcu.edu/about-wcu/leadership/office-of-the-chancellor/university-policies/index.asp
UNC Policy Manual: http://www.northcarolina.edu/policy/index.php
NCGS 14-159.12: http://www.ncga.state.nc.us/gascripts/statutes/statutelookup.pl?statute=14-159.12
NCGS 14-159.13: http://www.ncga.state.nc.us/gascripts/statutes/statutelookup.pl?statute=14-159.13
University Policy #109, Campus/Workplace Violence Prevention and Management: http://www.wcu.edu/about-wcu/leadership/office-of-the-chancellor/university-policies/numerical-index/university-policy-109.asp
University Policy #114, Solicitation, Assemblies, and Public Addresses: http://www.wcu.edu/about-wcu/leadership/office-of-the-chancellor/university-policies/numerical-index/university-policy-114.asp
Code of Student Conduct: http://www.wcu.edu/WebFiles/PDFs/WCU_Code_of_Student_Conduct.pdf
Department of Student Community Ethics
Department of Residential Living
Office of the Vice Chancellor for Student Affairs: 227-7234
Department of Student Community Ethics: 227-7234
University Police Department / Non-emergency: 227-7301
Jackson County Emergency: 911
University Police Department / Emergency: 8-911