(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.
