09:38:00 Criminal Trespass and Appeals

PURPOSE

Establish policy relative to the issuance of trespass notices.

POLICY

The commitment of the Campus Police Department to campus safety includes monitoring the campus for persons, actions or circumstances that disrupt the educational and work environment.  Campus police officers may issue verbal or written trespass warnings to individuals.  Campus police officers may also enforce trespass notices and arrest individuals previously barred from campus.

When a campus police officer identifies an individual that is behaving in a manner that threatens a breach of peace, represents a danger to property or persons on campus, or presents himself/herself as a nuisance that may disturb or interrupt the mission of the college, the officer may issue a verbal or written trespass warning or notice.  Written trespass notices are preferable over verbal trespass warnings for documentation and legal purposes.

TCA 39-14-406 - Aggravated Criminal Trespass

As per TCA 39-14-406, a person who commits aggravated criminal trespass enters or remains on property when:

(1)  The person knows he/she does not have the property owner’s effective consent to do so; and

(2)  The person intends, knows, or is reckless about whether his/her presence will cause fear for the safety of another; or

(3)  The person, in order to gain entry to the property, destroys, cuts, vandalizes, alters or removes a gate, signage, fencing, lock, chain or other barrier designed to keep trespassers from entering the property.

Verbal Trespass Warnings

Verbal trespass warnings are typically issued in cases of disruptive behavior by current students or employees who by their status, possess the normal privilege of accessing the campus.  However, an officer may also issue this type of trespass warning to a visitor to campus when the officer does not recognize the need for prolonged banishment from the campus properties.

Verbal trespass warnings will be issued in situations when a person’s continued presence and behavior creates or is reasonably likely to create a significant disturbance within the campus environment.  This warning will restrict the disruptive person’s access to a particular area of the campus instead of the entire campus if the individual(s) are current students or an employee of the college.  Verbal trespass warnings will not exceed twenty-four (24) hours.

A written Preliminary Information police report is required in any instance where a verbal trespass warning is given.  At a minimum the report will include the barred person’s information, the location(s) the person cannot return to, the amount of time the person is barred, and the facts and circumstances used to impose the ban. 

Written Trespass Notice

Written trespass notices barring individuals from returning to any part of the campus may be issued to anyone who is not a full-time or part-time student or employee.  Written trespass notices barring individuals from a specific area (or areas) of campus may be issued to anyone regardless of their student or employee status as long as the written notice does not impact the person’s ability to attend registered classes, or to work in an assigned office or work area. 

Written trespass notices shall be issued to any individual who is prohibited from returning to any part of any WSCC campus property (not just specified locations) when the trespass notice is not temporary (longer than 24 hours).   Written trespass warnings may be indefinite and unless specified by the issuing officer written trespass notices do not expire.

Any person who is planning to schedule or maintain scheduled classes or who accepts employment that requires access to an area from which he/she is barred must have the trespass warning amended or removed prior to accessing the restricted area.  Trespass notices may be amended only by the appropriate administrative staff in conjunction with the Chief of Campus Police.

• Current student must meet with the Vice President for Student Services and the Chief of Campus Police
• Current employee must meet with the appropriate Vice President, the Executive Director of Human Resources and the Chief of Campus Police
• Visitors or those not affiliated directly with the college must meet with the President and the Chief of Campus Police

Individuals who exhibit specific inappropriate behavior and are suspended, expelled or fired from WSCC are subject to being issued a written trespass notice similarly to individuals who are visitors or not directly affiliated with the college.

The incident that initiates the campus police officer’s issuance of a trespass notice will be included in the Preliminary Information report as well as on the officer’s daily log.  If a written trespass notice is issued, the individual will be given a copy of the notice.  If the individual is arrested, he or she will be booked accordingly and a copy of the trespass notice left with their personal belongings.  Record of the trespass notice will be maintained at each campus police location that it affects until its expiration or until the notice is amended by campus administration.

07/20; 08/22