|Policy Name:||Trespass Policy|
|Responsible Vice President:||Vice President for Student Life||Adopted:||April 4, 2019|
|Responsible Office or Department:||Public Safety||Reviewed:||April 4, 2019|
1. Policy Statement
The College is a Lasallian Catholic educational institution, deeply committed to engaging in a quality and safe educational environment for its students, faculty, staff and visitors. It is the policy of Manhattan College (“the College”) to maintain an academic community which is open and accessible to our students, faculty, staff, local community, and invited guests. Members and guests must remember that the College is private property. Persons who violate College policies, regulations, or rules, or who pose a threat or risk to the safety and security of the College community or College property may be advised to leave by Public Safety or by an Authorized College Official and a trespass warning may be given. The College retains the right to restrict access to College property due to safety concerns relating to our students, faculty, staff and visitors. This policy describes the circumstances under which access to or presence on College property may be restricted, including the procedures for issuing a Trespass Warning to individuals not affiliated with the College when appropriate.
2. Who Should Read the Policy
- All members of the Manhattan College community
- Invited Guests
- General Public
3. Terms and Definitions
“Authorized College Official” for purposes of this regulation means: the Vice President for Human Resources, the Assistant Vice President for Human Resources or their designees; the Vice President of Facilities or designee; the Dean of Students or designee, and/or the Director of Public Safety or designee.
“College property” means property owned or leased by the College and/or its Endowment Fund, and also includes any form of transportation ran by the College.
“Disruptive conduct” includes, but is not limited to, loitering or remaining on College property, engaging in fighting or threatening behavior; making unreasonable noise; using abusive or obscene language or gestures; disturbing any assembly or meeting of persons; obstructing vehicular or pedestrian traffic; congregating with others and refusing to comply with a lawful order to disperse; or creates a hazardous or physically offensive condition by any act.
“Trespass Warning” is a written notice issued by the College that warns a person that they are not permitted to enter or remain upon College property for a specified duration. All Trespass Warnings are active upon receipt.
4. Links and Resources
5. The Policy
A person who is not a current student or employee of the College and who is on College property without specific permission or authorization or without an appropriate purpose and who is disruptive or posing as an ongoing threat to the campus may be deemed as a trespasser and may be given a Trespass Warning. The Trespass Warning will restrict that person from property owned or operated by the College and will have a duration.
Examples of when a person is disruptive or posing as a threat to the College may include:
- criminal activity on College property;
- a violation of civil law;
- a violation of a College policy or regulation after having been notified of the specific policy or regulation at issue;
- commission or conviction of any criminal offense, regardless of where it occurred;
- engaging in behavior or conduct that presents a threat or risk to the safety and security of the College community or College property; or
- engaging in behavior or conduct that obstructs, disrupts, interrupts or attempts to force the cancellation of any College-sponsored event or activity, including educational activities or other essential College processes, or activities by users authorized to use the College’s facilities.
II. Procedures to Initiate a No Trespass Notice
Manhattan College has delegated to Public Safety and to its Authorized College Officials the primary authority to restrict, withhold or remove access to College property from persons who pose a threat or risk to the safety and security of the College community or College property. Trespass Warnings may be issued by Public Safety or by any other Authorized College Official.
Members of the College community should contact the Department of Public Safety if they believe that a group or individual is engaging in behavior that warrants removal under this Procedure.
A person has trespassed when his or her actions are disruptive or are regarded or have been regarded as a threat and Public Safety or an Authorized College Official has been notified and has provided a Trespass Warning. The Trespass Warning will ideally be in writing, it will include the date, the reason why the person was trespassing and it will state the duration for which it is effective. The duration will be limited in scope to that which is reasonably necessary for the protection of the College community and/or College property.
An Authorized College Official, after conferring with the Director of Public Safety, may lift or reduce the duration of the Trespass Warning if, in his/her discretion, a determination is made that circumstances justify removal or reduction of the trespass.
Public Safety will maintain a listing of trespassed individuals and copies of all Trespass Warnings. Authorized College Officials must notify Public Safety in writing when they issue a trespass and if Authorized College Official has lifted the Trespass Warning.
Individuals or groups who trespass may be subject to additional administrative, civil or criminal sanctions as well.