Ohio Administrative Code
Title 3349 - Northeast Ohio Medical University
Chapter 3349-10 - Campus Safety
Section 3349-10-05 - Administrative rule regarding persona non grata status
Universal Citation: OH Admin Code 3349-10-05
Current through all regulations passed and filed through September 16, 2024
(A) Purpose
To establish a rule to identify persons whose presence on the university campus may be detrimental to the university community and to provide a mechanism for limiting the person's access to the main university campus and any other facilities owned or operated by the university and any official off campus events of the university. This rule shall not be construed to limit the authority of university officials to take any other actions that deem warranted by the circumstances.
(B) Scope
Applies to all persons.
(C) Definitions
(1)
"Persona Non Grata" means a person who has exhibited
behavior which has been deemed detrimental to the university community and thus
is no longer permitted to frequent or be present in any university locations or
specific locations as set forth in the notice.
(2)
"Visitor" means
any person who is not a student or an employee acting within the scope of his
or her employment or his or her role within a university educational
program.
(a)
As
a general rule, persons who had been enrolled at the university but who have
graduated or transferred are classified as visitors. Persons who have been
admitted to the university, but are not currently enrolled, are to be
classified as visitors.
(b)
It is intended that this rule provide a means for
regulating the behavior of all persons, except university employees acting
within the scope of their employment, and students who are present on
university premises and who are subject to the university or separate component
college student honor codes.
(3)
"Behavior
Detrimental to the University Community" includes, but is not limited to,
actions by a person which result in offenses against persons or property;
disruption of university processes or programs, violation of a previous order
given by a university official or a court of law, a continuing pattern of
violation of university rules and regulations after notice of the rules or
regulations or falsification or misrepresentation of self or other providing
other false or misleading information to university offices or
officials.
(4)
"University Premises" means any building or land owned,
or operated by the university.
(D) Body of the rule
(1)
A
visitor who has been deemed to be persona non grata will no longer be permitted
to frequent or be present on the main university campus or at any other
university sponsored events that are held at other locations.
(2)
Warning
notice.
(a)
A
visitor accused of behavior detrimental to the university community shall be
served with a warning notice that the visitor's behavior is not acceptable and
may result in that person being denied, on a permanent basis, the opportunity
to frequent or be present on university premises and university sponsored
events.
(b)
The warning notice shall contain:
(i)
Name and last
known address of the individual;
(ii)
The title of the
university official who will make the determination of whether or not to place
the individual on persona non grata status;
(iii)
Contact
information of that official;
(iv)
A specification
of the alleged unacceptable behavior;
(v)
A warning that
failure to arrange a meeting with the official within the limit will result in
a determination as to permanent persona non grata status being made without the
accused being present;
(vi)
A warning that the individual is temporarily persona
non grata and as such not allowed on the university premises or at university
sponsored events until the meeting referenced above occurs and a formal
determination is made or the meeting is waived by failure to request the
meeting within the time limit specified above.
(3)
The
warning notice will be issued by the general counsel or the public safety and
security associate.
(4)
Meeting to determine persona non grata status.
(a)
At the meeting
the visitor is entitled to know the nature and source of the evidence against
him/her, and to present evidence including witnesses on his/her behalf. If the
accused chooses not to be present or participate, the process may nonetheless
proceed.
(b)
All meetings shall be held in private. The accused may
be accompanied by another individual who may serve in an advisory capacity, but
who may not participate directly in the meeting.
(c)
The university
official conducting the meeting shall hear and weigh all evidence presented. To
place the accused on permanent persona non grata status there must be a finding
by the university official based on a preponderance of the evidence that the
alleged behavior occurred and that such behavior is detrimental to the
university community. If such a finding is made, the university official may
take into consideration the reasons for such behavior and the likelihood of its
recurrence. Based on these findings and considerations, the university official
may place the visitor on permanent persona non grata status for a period of up
to two years.
(5)
If a university visitor fails to arrange for the
meeting within the time limit provided, the university official sending the
original warning notice, may assume the validity of all evidence against the
visitor and send notification of permanent persona non grata status to the
visitor for a period of up to two years.
(6)
Notification of
permanent persona non grata status.
(a)
Notification shall be sent via regular and certified
U.S. Mail.
(b)
The restrictions imposed by persona non grata status
shall take effect upon the mailing of the notification.
(7)
During
the time that the temporary or permanent persona non grata status is in effect,
permission may be granted by a member of the university's senior
administration, to allow the visitor to enter university premises or events for
a specified purpose and time. The general counsel and the public safety and
security associate must be notified in advance of such access.
(8)
Review.
A written request for review of persona non grata status may be made to the general counsel after six months have elapsed from the date of the initial determination.
(9)
The review shall
be limited to evidence which would clearly demonstrate that the person's
behavior will no longer be detrimental to the university
community.
(10)
The persona non grata status shall remain in effect
pending the decision on the review. The general counsel shall render his/her
decision within ten working days of receipt of the request for review. The
decision shall be final.
Replaces: 3349-10-05
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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