Ohio Administrative Code
Title 3341 - Bowling Green State University
Chapter 3341-6 - Compliance with Occupational Safety and Health Standards
Section 3341-6-36 - "Persona non grata" status for campus visitors
Universal Citation: OH Admin Code 3341-6-36
Current through all regulations passed and filed through September 16, 2024
(A) Policy statement and purpose
BGSU is authorized by law to regulate the use of university premises so that the university's educational objectives and programs can be pursued in an orderly manner. Accordingly, BGSU adopts this policy, which shall not be construed to limit the authority of university officials to take other action as may be warranted by the circumstances.
(B) Policy
(1)
Definitions
(a)
"Persona non grata" means a visitor whose behavior has
been determined to be detrimental to the university community and who is not
permitted to be present on the university premises. An individual who is
persona non grata is subject to prosecution for trespass should they be found
on the university premises.
(b)
"Visitor" means
any person who is neither a currently enrolled student nor an employee. This
definition includes persons enrolled at the university in the past but who have
graduated, transferred, or who are not enrolled for the current academic term.
It also includes former employees. The term "visitor" does not include any
person who is subject to the jurisdiction of the code of student conduct or to
disciplinary processes applicable to employees. If a person's status is in
doubt the university may commence action under this policy and refer the matter
to the appropriate procedure if the person is later determined to be a student
or employee.
(c)
"Behavior detrimental to the university community"
includes but is not limited to actions by a visitor which disrupt or interfere
with university operations or programs or pose a reasonably foreseeable risk of
doing so; are offenses against persons or property; violate a previous
legitimate direction given by a university official; or are a violation, after
notice has been given, of any university policy or rule or regulation. It does
not include the exercise of free speech or the right to assemble peaceably or
other constitutionally-protected conduct.
(2)
Authority and
delegation
Only the university president or their designee has the authority to declare a person persona non grata. The university president delegates authority to administer this policy to the vice president for finance and administration ("VPFA").
(3)
Initial
determination, notice, and hearing
(a)
Upon receiving a report that a visitor has engaged in
behavior detrimental to the university community, the VPFA may make an initial
determination of persona non grata status.
(b)
After making an
initial determination of persona non grata status, the VPFA shall cause the
visitor to be served with notice that they are barred from the university
premises for the period stated in the notice. Service shall be made by the best
means available. The restrictions imposed by persona non grata status shall
take effect upon service of the notice or five business days after service is
attempted, whichever comes first.
(c)
The notice must
be reviewed by the office of general counsel before it is served. It shall
contain:
(i)
The
name and last known address of the visitor.
(ii)
A statement of
the behavior warranting the persona non grata notice and a copy of this
policy.
(iii)
A statement that the visitor is persona non grata and
barred from being on the university premises. The visitor shall be informed
that this status shall continue until a date specified (not to exceed two
years).
(iv)
A statement that the visitor is entitled to a hearing
to be conducted before the VPFA who may, based on the evidence presented,
revoke or modify the visitor's persona non grata status or extend it for up to
five years.
(v)
The name, office phone, office location, and email
address of the VPFA.
(vi)
A statement that the visitor must contact the VPFA to
request a hearing within ten business days of the date of the
notice.
(vii)
A warning that the visitor's failure to timely request
a hearing will result in a continuation of persona non grata status for the
period specified in the notice.
(d)
After receiving a
timely request, the VPFA shall schedule a hearing at a time and place of the
VPFA's choosing and give the visitor written notice of it (email is
sufficient).
(e)
The hearing shall be conducted by the VPFA, who will
hear and weigh all information presented. Formal rules of evidence shall not
apply. The hearing shall be audio recorded. The recording shall be the property
of the university and kept until the completion of any review under this
policy. The following procedures shall be used at the hearing:
(i)
If the visitor is
not present or chooses not to participate, they may be deemed to have waived
the hearing or it may proceed at the discretion of the VPFA.
(ii)
A representative
of the university shall explain the initial determination and the reasons for
it. The representative may present additional evidence (including witnesses)
and ask relevant questions of any witnesses.
(iii)
The visitor may
challenge the grounds for the initial determination and the evidence against
them; present evidence (including witnesses) on their own behalf; and ask
relevant questions of any witnesses.
(iv)
The visitor may
be accompanied by another individual who may serve in an advisory capacity but
not participate directly in the hearing.
(v)
For good cause,
the VPFA may adjourn the hearing and resume it on another day chosen by the
VPFA.
(vi)
If the VPFA finds by a preponderance of the evidence
that the visitor engaged in the behavior alleged and that it was behavior
detrimental to the university community, the VPFA may continue the visitor on
persona non grata status.
(vii)
The VPFA may
take into consideration the nature of the behavior, the reasons for it, and the
likelihood of its recurrence. The VPFA may continue the visitor on persona non
grata status for a period of up to five years subject to conditions (if any)
that the VPFA finds reasonable.
(f)
Notification of
hearing outcome.
The VPFA shall send the visitor prompt written notification of the hearing outcome, usually within ten business days of the hearing. Receipt of the notification should be verified when practicable.
(4)
Review of the
hearing outcome
(a)
A visitor on persona non grata status may submit a
written request for review to the president. The request must be submitted to
the president within ten business days of the date on the VPFA's notification
of hearing outcome.
(b)
The review shall be made by the president or a
designee.
(c)
The review shall be limited to the hearing record
developed before the VPFA and the notification of hearing outcome. The
president or designee shall not consider any facts not presented to the VPFA at
the hearing unless it is shown that the facts could not have been discovered by
the visitor through reasonable diligence in time for the
hearing.
(d)
The president or designee shall consider whether there
is adequate factual support in the record to support the conclusion reached by
the VPFA. The president or designee shall also consider whether any procedural
error(s) identified by the visitor in their written request for review
reasonably may have affected the outcome of the hearing.
(e)
The visitor's
persona non grata status shall remain in effect pending a decision on the
review. The president or designee shall promptly render their decision, usually
within ten business days of receipt of the request for review. That decision
shall be final.
(5)
Duration and
modification of persona non grata status
Persona non grata status, whether based on an initial determination or the outcome of a hearing, will continue without interruption for the stated period unless modified in writing by the president or the VPFA.
On their own initiative or upon request and for good cause shown, either the president or the VPFA may rescind persona non grata status or modify it to allow the visitor to enter designated university location(s) for a specified purpose and limited period of time. The decision whether to rescind or modify persona non grata status is final.
Replaces: 3341-6-36
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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