Staff Policy D-505.12
Institutional Effectiveness Criterion: Operations

Trespass

Northwestern Michigan College (NMC) enacts the following regulations for the care, preservation, and protection of the properties governed by the College and for the control of the conduct of those on NMC properties in order to assure the successful operation of the College, maintain good order, promote the objectives of the College, and to hinder unnecessary and improper interferences with College activities and with the lawful activities of those coming upon land governed by the College.

  1. PURPOSE
    Northwestern Michigan College (hereafter NMC or College) by and through its Board of Trustees enacts the following regulation:
    1.  Enforcement Guidelines
      To establish warning and enforcement guidelines for the just application of this regulation since a violation of this regulation could be the basis of a criminal complaint.
    2. Protection of Individuals
      For the protection of the health, welfare, safety, and peaceful pursuit of legitimate activities of individuals lawfully present on College properties.
    3. Protection of Property
      For the protection, care, and preservation of College properties, including, but not limited to, grounds, buildings and equipment.

      This regulation is not intended to supplant federal or state statutes, or local ordinances relating to similar conduct governed by this regulation.
       
  2. POLICY
    As a tax‑supported institution, certain college properties may be visited by the general public so long as their presence does not interfere with the operations of the college, the maintenance of good order or interfere with college‑sanctioned activities.  If such interference should occur, it may be necessary to prohibit individuals from entering or remaining on college property.
     
  3. JURISDICTION
    1. General Public
      This regulation applies to guests, visitors, non-academic students, and all other members of the general public.
    2. Procedures for Persons Other than the General Public
      Except in emergency circumstances, students, faculty, staff, administrators, agents, or contractors who have been accused of trespass shall be disciplined, if at all, in accordance with the following disciplinary procedures.
      1. Students (Students Rights and Responsibilities)
      2. Faculty (Faculty Handbook)
      3. Adjunct Faculty (Adjunct Faculty Handbook)
      4. Support Staff (Support Staff Handbook)
      5.  Administrators (Administrative Handbook)
      6. Service Employees (Labor Agreement)
      7. Agents or Contractors (Vice President of Finance and Administration)
         
        The aforementioned procedures do not preclude the filing of a criminal complaint against any person and do not exclude an individual from the force and effect of Section 5, infra (Emergency Removal).
    3. Scope of Application and Definition of Property
      The regulation shall apply to all college property including property that is leased, owned, or otherwise under the control of the College.
       
  4. RESTRICTED AREAS
    1. Restricted Areas - General Public
      Not all College properties are open to the general public. Restricted areas that are not open to the general public include, but are not limited to, the following:
      1. All areas where it is posted that the general public is not authorized to enter. (For example, Staff Only or Restricted Access notices)
      2. Cassrooms, laboratories, conference facilities, and storage areas
      3. Locked college buildings and other facilities with posted “closed” hours
      4. Faculty, staff, and administrators’ offices
      5. Student residence buildings used for student living quarters
      6. Undeveloped property
      7. Research facilities, and staff and student work areas
    2. Access
      Access to these areas must be by lawful invitation or official authorization. Such invitation or authorization may be revoked at any time by the person or persons in lawful control of the area.
       
  5. EMERGENCY REMOVAL FROM COLLEGE PROPERTIES
    1. Removal
      Any person, regardless of status or designation, may be removed from College properties if (1) he/she poses an immediate and substantial risk of physical harm or injury to either himself/herself, or to others, (2) engages in conduct that indicates the immediate intent to damage or destroy property of the College, and/or (3) unreasonably interferes with the customary and lawful activities and functions of the College.
    2. Removal Procedures
      Removal may be ordered by the President, or anyone who has been designated, in writing, by the President of the college to have such authority. If it is determined that an individual should be removed from College property, the individual authorized to order the removal shall immediately notify the Office of Campus Safety and Security. The individual shall identify himself/herself as an authorized party to make the demand for removal, and request that the Office of Campus Safety and Security oversee the removal of the individual in cooperation with local law enforcement agencies. 
    3. Removal Consequences
      Removal may result in the issuance of a No Trespass Order as set forth in this policy. Each case involving removal of an individual shall be reviewed in accordance with this policy before a No Trespass Order is issued. Exceptions to this Section V. C. can be made in documented exigent circumstances. 
       
  6. NO TRESPASS ORDER
    1. Authority to Issue
      1. The President of the college shall grant the Assistant Director of Campus Safety and Security the written authority to issue and execute No Trespass Orders. In the absence of the Assistant Director, the next highest command officer will be automatically vested with such authority. 
      2. The President may grant other administrative personnel the written authority to issue and implement No Trespass Orders. However, the authority of these persons may be exercised only when the Assistant Director of Campus Safety and Security and the next highest command officer is absent or where the Assistant Director fails to exercise his/her authority. 
      3. Nothing in this section shall preclude the President from exercising such authority. 
    2. Complaint Procedures
      1. Who may file.
        Any employee or student currently enrolled for an academic credit course may file a written Trespass Complaint against an alleged violator with the Office of Campus Safety and Security.  Additionally, security officers may initiate a written Incident Report in which they recommend that a No Trespass Order be issued.
      2. Procedure 
        1. After a Trespass Complaint has been filed, a security officer will investigate the complaint and forward an Incident Report to the Assistant Director. Security officers’ recommendations regarding a No Trespass Order shall be filed with the Assistant Director.
        2. Once an Incident Report is filed with the Assistant Director, he/she (or other proper authority) will (i) review the Report, (ii) consider the credibility of the evidence, (iii) make a determination as to whether the individual committed an act as defined in Section 7. (Acts of Misconduct), or elsewhere in this Regulation, (iv) determine the significance of the violation, and (v) assure compliance with this regulation. 
        3. The Assistant Director shall exercise his/her discretion, and may issue a No Trespass Order, decline to issue the No Trespass Order, or take other appropriate action with the advice and consent of the Vice President for Finance and Administration. This discretion should be exercised as soon as possible, but no later than seven (7) business days after receiving of the Incident Report.
        4. The Assistant Director of Campus Safety and Security may issue a No Trespass Order for a period of not more than one (1) year. 
        5. The Assistant Director of Campus Safety and Security (or any person authorized by the President pursuant to Section V(B)) may recommend, in writing, to the Vice President of Finance and Administration that a No Trespass Order be in effect or extended for more than one (1) year. If the Vice President concurs, the recommendation shall be sent to the President for review and confirmation. The President, before acting, must take into consideration whether the individual is a long‑term danger to others or property.
      3. Contents of No Trespass Order
        A No Trespass Order shall contain the following information:
        1. The name of the recipient of the Order
        2. The time period of the ban
        3. The place or places that are off limits
        4. The misconduct upon which the No Trespass Order is based
        5. A copy of the Incident Report
        6. The appeal process
        7. Penalty for failure to abide by the Order
        8. The signature of the individual issuing the Order
        9. Where possible, the signature of the individual against whom the Order is issued or a return receipt of service
        10. Where appropriate, additional information
      4. Service
        The No Trespass Order shall be served personally or by certified mail. The Order will take effect on the date of personal service or evidence that it has been received.
         
  7. ACTS OF MISCONDUCT
    The following acts of misconduct may also trigger a No Trespass Order if the misconduct is significant or is part of a continuing pattern. These acts are in addition to the limitations placed on individuals as discussed in Sections 2 through 6.
    1. A violation of a local ordinance, or state or federal law that protects the health and safety of persons
    2. Refusal or failure to comply with established college rules, regulations, or policies which protect the safety or security of another person or the College’s property
    3. Interference with teaching and the learning process
    4. Interference by force, threat, harassment, or duress with an individual’s academic efforts, employment, or participation in college sponsored activities and/or creating a reasonable apprehension that such interference is about to occur
    5. Disruption of College activities and College business, including, but not limited to, classes, convocations, and student services
    6. Continued occupation of College property after being requested to leave by any person acting as an authorized agent of the College
    7. Dishonesty, including, but not limited to providing false information to the college, forgery, misuse or alteration of any college document, or misuse of the College computer system
    8. While on College property or at a College sponsored function, possession of any weapons or look alike weapons, including but not limited to, firearms, explosives, dangerous chemicals, knives, brass knuckles, licensed weapons, objects or instruments possessed for use as a weapon or for direct or indirect delivery to another person for use as a weapon
    9. Willful disobedience of College officials or authorized agents acting in the performance of their duties
    10. Unauthorized possession, duplication, or use of keys to any College property, or unauthorized entry to or use of College property, or tampering with any door or door locking mechanism
    11. Conduct which is disorderly, lewd, or indecent; which includes the use of electronic/digital recording and/or imaging devices used to take images and/or recordings of persons without their knowledge and/or consent
    12. Entering or remaining in an area within College property where notice has been provided that access to the area is restricted
       
  8. APPEAL PROCESS
    1. No Trespass Order – Six Months or Less
      When a No Trespass Order is issued for not more than six (6) months, the recipient of the Order may request, in writing, that the Order be reviewed by the Vice President of Finance and Administration, or his/her designee. The request must be received in the office of the Vice President within ten (10) business days after the Order is served on the recipient. After receipt of a request for review, the Vice President shall confirm, modify or rescind the Order within ten (10) business days. The No Trespass Order shall remain in force and effect during the pendency of this appeal. 
    2. No Trespass Order – More than Six Months and Up To One Year
      When a No Trespass Order is issued for more than six (6) months but not more than one year, the recipient of the Order may request, in writing, an appeal meeting with the Vice President of Finance and Administration. The request must be received by the Vice President within ten (10) business days after the order is served on the recipient. After receipt of a request for an appeal meeting, the Vice President shall schedule the appeal meeting within the next twenty-one (21) business days.
      1. Appeal Meeting - At least three (3) business days prior to the scheduled appeal meeting, the recipient of the No Trespass Order may submit, in writing, a response to the Order. After meeting with the recipient of the Order and reviewing all of the documentation, the Vice President shall make a final decision as to whether there was a reasonable basis for the Order. If no reasonable basis is found, the Order shall be dismissed. If a reasonable basis is found, the Vice President may confirm the Order as written or may modify the Order.

        The No Trespass Order shall remain in force and effect during the pendency of the appeal.
    3. No Trespass Order – More Than One Year
      When a No Trespass Order is issued for more than one (1) year, the recipient of the Order may, within ten (10) business days following service of the Order, request a hearing. This request shall be made in writing to the Vice President of Finance and Administration. The Vice President shall set a hearing date and appoint a hearing officer. Individuals who request a hearing may bring an attorney or other support person with them to the hearing. The decision of the hearing officer shall be final. The Order shall remain in force and effect for the term as designated in the Order.  The No Trespass Order shall remain in force and effect during the pendency of the appeal.
       
  9. SAFEGUARDS
    1. Constitutional Rights
      This policy is not intended to deny or limit the constitutional rights of guests, visitors or other members of the general public that are accorded to them under the Michigan or United States Constitutions.
    2. Expressive Activity
      College property made available for expressive activity is classified as a designated public forum.  Pursuant to the decisions of the United States Supreme Court, the College may adopt reasonable limitations on expressive activity. For example, expressive activity may be limited pursuant to time, place, and manner regulations promulgated by the College. Individuals or organizations who wish to demonstrate, protest, and/or petition must apply through Central Scheduling. Upon receipt of an application, Central Scheduling will assign a place and a time to hold their activities and inform them of any restrictions on the manner of their activities. (see also NMC Policy D-505.15 Campus Expression Policy)
       
  10. AUTHORITY AND EFFECTIVE DATE
    The Board of Trustees of Northwestern Michigan College acting pursuant to its authority granted by M.C.L.A. § 389.125 enacts this Trespass Regulation effective this 22nd day of April, 2013.


Initially adopted July 22, 2010
Revised April 2013 

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