Current through all rules and regulations passed and filed through March 17, 2025
(A)
Policy statement.
Pursuant to section 3345.21 of the Revised Code and
in order to pursue its educational objectives and programs in an orderly
manner, the board of trustees of Youngstown state university (university) is
authorized to regulate the conduct of visitors to university owned or
controlled property and to university programs and activities.
(B)
Purpose. To
identity visitors whose presence on the university campus or at university
programs or activities may be detrimental to the university community and to
provide a mechanism to limit the access of such visitors to university owned or
controlled property and to university programs and activities.
(C)
Scope. This
policy applies to visitors who are accused of demonstrating behavior
detrimental to the university community.
This policy does not apply to
university students or to university employees acting within the scope of their
employment. When doubt exists as to a person's status as a student, the person
may be charged under this policy and then later referred to student conduct if
determined to be a student.
(D)
Definitions for
purposes of this rule.
(1)
"Employee" - any person on active employment status
with the university.
(2)
"Student" - any person currently enrolled in or
registered for a future term at the university either for credit or noncredit
classes.
(3)
"Visitor" - any person who is not a student or an
employee acting within the scope of their employment. A visitor includes, but
is not limited to:
(a)
A person who had been enrolled at the university but
who has graduated or transferred.
(b)
A person who has
been admitted to the university but is not currently enrolled.
(c)
A former employee
no longer on active employment status with the university.
(4)
"Persona non grata" - a visitor whose behavior has been
determined to be detrimental to the university community and who is no longer
permitted to be present on university owned or controlled property or to have
access to university services, activities, or events.
(5)
Behavior
detrimental to the university community includes, but is not limited to:
(a)
Disruption of
university processes, services, or programs.
(b)
Actions which
result in offenses against persons or property, including the use of university
facilities, in a manner inconsistent with the facility's
purpose.
(c)
Threats or other behaviors that pose a risk to the
safety of the university community.
(d)
Violation of a
previous order or directive given by a court of law, a university official, the
university police or other law enforcement agency or officer, or a court of law
acting in performance of their duties.
(e)
A continuing
violation of university policies, rules, or regulations after notice of the
policies, rules, or regulations has been given.
(f)
Misrepresentations of self or providing other false or
misleading information to a university office or official.
(E)
Parameters.
(1)
This policy will not be utilized to restrict freedom of
speech or the right of persons to peaceful assembly.
(2)
This policy will
not be construed to limit the authority of university officials from taking
actions, such as arrest and/or criminal prosecution, as warranted by
circumstances.
(3)
If necessary, the president, or designee, or the
university chief of police may seek the assistance of other appropriate law
enforcement agencies.
(F)
Process.
(1)
Determination of
persona non grata status.
(a)
Any person believing that a visitor has exhibited
detrimental behavior as defined in paragraph (D)(5) of this policy should
report the behavior to the university police department.
(b)
The university
police will review the information reported, collect and/or review evidence of
the alleged detrimental behavior (e.g., police reports, witness statements,
reports of previous incidents), and determine:
(i)
Whether the
evidence supports a finding that the visitor has engaged in detrimental
behavior; and
(ii)
Whether the visitor should be declared a persona non
grata.
(c)
The university police will issue findings in
writing.
(2)
Notice of persona non grata status.
(a)
If the university
police determine that a notice of persona non grata should be issued, the
university police will issue a persona non grata notice to that visitor
containing the name and last known address of the individual; current email
address if notice is to be sent via email.
(b)
The persona non
grata notice must advise the visitor of the following:
(i)
The reasons why
the visitor is being declared persona non grata;
(ii)
That the
visitor's permission to be on campus is revoked for a period of up to two
years;
(iii)
That the visitor has the right to appeal the persona
non grata determination within five business days of the visitor's receipt of
the persona non grata notice by sending a letter of appeal to the office of
general counsel.
(c)
The persona non
grata notice may be delivered via U.S. mail return receipt requested, email
with delivery receipt, or in person by the university police
department.
(3)
Appeals.
(a)
Any visitor who wishes to challenge their persona non
grata status must submit a letter of appeal to the office of general counsel
that includes an explanation of why the trespass notice should be revoked
together with any evidence in support of the appeal.
(b)
The letter of
appeal must be submitted to the office of general counsel within five business
days of the visitor's receipt of the trespass notice.
(c)
Within ten
business days after receipt of the letter of appeal, the office of general
counsel will hold a hearing to address the appeal.
(d)
Hearing.
(i)
The general
counsel or designee will conduct the hearing, which hearing is not a public
meeting.
(ii)
The chief of police or designee will present evidence
supporting the persona non grata finding.
(iii)
The visitor may
question any witnesses and present evidence, including witnesses, on their
behalf. If the visitor chooses not to be present or to participate, the process
will nevertheless proceed.
(iv)
The visitor may
be accompanied by another individual who may serve in an advisory capacity but
who may not participate directly in the hearing.
(e)
Findings.
(i)
The general
counsel or designee conducting the hearing will hear and weigh all evidence
presented and shall apply a preponderance of the evidence standard (more likely
than not).
(ii)
To uphold the determination of persona non grata
status, the general counsel or designee must find that it is more likely than
not that the alleged behavior occurred and that such behavior is more likely
than not detrimental to the university community.
(iii)
If such a
finding is made, the general counsel or designee may take into consideration
the reasons for such behavior and the likelihood of its recurrence; and based
on the findings and these considerations, may continue the individual on
persona non grata status for a period of up to two years. If such a finding is
not made, the persona non grata status will be removed and the notice of
trespass revoked.
(iv)
The decision of the general counsel or designee is
final.
(f)
Notification of findings.
(i)
The written
decision of the general counsel will be sent to the visitor via either U.S.
mail, U.S. mail return receipt requested, email with delivery receipt, or in
person by the university police department.
(ii)
Any new
restrictions imposed following the hearing will take effect upon receipt of the
notification.
(iii)
In those instances where the persona non grata status
has been upheld, general counsel or designee will forward a copy of the
findings to the appropriate parties on campus and the chief of
police.
(iv)
The university police department will maintain a
current list of persona non grata status and enforce sanctions of persona non
grata.
(G)
Records. Records
of the persona non grata process will be retained in the office of the general
counsel.
(H)
Violation of persona non grata status. A person who
violates the terms of their persona non grata status will be deemed a
trespasser, removed from the university, and prosecuted
accordingly.
(I)
Extension. In appropriate circumstances, the university
may extend a visitor's persona non grata status for an additional time
period.
Replaces: 3356-7-45
