Current through September 24, 2024
(1) A No-Trespass
Notice ("Notice") is a written directive requiring a Non-affiliated Individual
to leave and/or not enter all or part of University Property or
Facilities.
(2) A sworn law
enforcement officer employed by the University may issue a Notice to a
Non-affiliated Individual:
(a) Who is not
authorized to use University Property as defined in Section .03(1), and who has
refused to leave University Property, or a specified part of University
Property, within a reasonable time after the person has received an oral
request to leave by a University official;
(b) Who has engaged in a use of University
Property that is prohibited by Section .03(2), and who has refused to cease the
prohibited conduct within a reasonable time after receiving an oral request to
do so from a University official;
(c) Who, in the good faith judgment of the
law enforcement officer issuing the Notice, poses an unreasonable threat to the
health, safety, or welfare of a person(s) affiliated with the University while
on University property; or
(d) Who,
in the good faith judgment of the law enforcement officer issuing the Notice,
has engaged in conduct that substantially disrupts or interferes with
University operations, events, or activities, or is likely to cause such a
disruption or interference.
(3) A Notice must specify: the reason for the
Notice; the geographical scope of the restriction; the duration of the
restriction, which may be for an indefinite period; the potential consequences
of a violation of the Notice; and the process for appealing the issuance of the
Notice. The scope and duration of the restriction imposed must be proportional
to the underlying misconduct. In appropriate circumstances, with respect to
conduct on University Property, a Notice also may prohibit a non-affiliated
person from contacting or being within a certain distance from a person
affiliated with the University.
(4)
Appeals.
(a) A Non-affiliated Individual to
whom a Notice has been issued may appeal the decision to the chief of police
for the University.
(b) A
Non-affiliated Individual must submit the appeal in writing. The written appeal
must be received by the Chief of Police within twenty (20) calendar days of the
date on which the Notice was provided to the Non-affiliated Individual. Any
Notice mailed (or e-mailed) to a Non-affiliated Individual shall be deemed to
have been provided on the date on which it was mailed (or e-mailed). The
written appeal should include the Non-affiliated Individual's reason for being
on University property, the Non-affiliated Individual's future need to be on
University Property, and any other information the Non-affiliated Individual
wishes the University official who issued the Notice to consider.
(c) Upon receipt of a written appeal, the
chief of police will consult as needed with other University officials to
verify the Non-affiliated Individual's need for access to University property,
to gather additional information or advice, or to review the impact that
granting the appeal may have on persons affiliated with the
University.
(d) Within twenty (20)
calendar days of the receipt of an appeal submitted in accordance with this
Chapter, the Chief of Police will sustain, rescind or modify the Notice in a
written decision that will be mailed to the address provided by the
Non-affiliated Individual. The decision of the Chief of Police is final and not
appealable within the University.
(e) The restrictions set forth in the Notice
will remain in effect while an appeal of the Notice is pending.
(f) If the Chief of Police issued the Notice,
then the Non-affiliated Individual may appeal to the supervisor of the Chief of
Police.
(5) The law
enforcement officer who issued the Notice (or, if the Notice is appealed, the
Chief of Police or the Chief of Police's Supervisor), with the approval of the
Chief of Police or his/her supervisor, may rescind or modify the Notice at any
time. Notification of any such rescission or modification shall be provided to
the Non-affiliated Individual to whom the Notice was issued.
(6) Failure to comply with a Notice may
result in issuance of a citation or an arrest for trespassing pursuant to
applicable state criminal trespass statutes or local ordinances. Nothing in
this section shall limit or be construed to limit the exercise of the statutory
authority of sworn law enforcement officers of the University's police
department to arrest in accordance with the laws of this state or local
ordinances. Nor shall anything in this rule limit or be construed to limit the
authority of sworn law enforcement officers of the University's police
department to issue an oral request instructing a person to leave and/or not
enter all or part of University Property.
Authority: T.C.A. §
49-8-203(a)(1)(D);
Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5; and Public Acts of
Tennessee, 1807, Chapter 64.
