Current through Register Vol. 24-24, December 15, 2024
(1) The
president of Eastern Washington University, or the president's designee, has
the authority to grant, deny, or withdraw permission for people to be on
university property. Any individual who is on university property must comply
with university rules. Access to university property may be limited to certain
times, certain uses, or certain groups of people. People who are on university
property or within a university building without permission may be ordered to
leave by any university official.
(2) People who remain on university property
without permission, who disrupt university activities, interfere with people's
ability to access buildings, or whose conduct threatens the health, safety, or
security of anyone on campus may be removed from university property and given
a trespass notice of up to 72 hours by the president, the president's designee,
or a member of the university police department.
(3) In the event a person's conduct continues
to threaten the health, safety, or security of anyone on campus, the president
or president's designee may trespass the person from university property for up
to five years, except expelled students may permanently be trespassed from
campus. Any prior license or privilege to be on university property is revoked
by the notice of trespass.
(4) A
person who is trespassed from university property shall be given a written
notice of trespass identifying:
(a) The reason
why the person is being trespassed;
(b) The duration and scope of the
trespass;
(c) The method for
appealing the notice; and
(d) A
warning that failing to comply with the notice may result in the person's
arrest and criminal charges under chapter 9A.52 RCW. The notice shall be
delivered in the manner specified in chapter 9A.52 RCW.
(5) Appeals.
(a) If a current student is trespassed from
campus, the initial trespass notice is considered an interim restriction under
WAC 172-121-140 and the student will
receive an emergency appeal hearing under WAC
172-121-140 with the vice
president for student affairs or designee. The authority to bar students from
university property in this regulation is separate from and in addition to the
authority of the dean of students or vice president for student affairs under
the student conduct code, chapter 172-121 WAC. At the conclusion of the entire
student conduct process, a student who is expelled may be permanently
trespassed from university property in accordance with WAC
172-121-210
(1)(k).
(b) If a current employee is trespassed from
a particular portion of campus the employee does not need to access to perform
his or her job (e.g., ejected from Roos Field during a football game), the
employee can appeal the decision under (c) of this subsection. If an employee
is trespassed from all university property because his or her conduct threatens
the health, safety, or security of anyone on campus, the employee will be
considered to have been placed on paid administrative leave by issuance of the
trespass notice and the university will follow its normal employment processes
for investigating the alleged behavior and determining what level of
discipline, if any, is appropriate.
(c) All other persons who have been removed
or trespassed from university property may appeal the decision by submitting to
the president or president's designee, by certified mail, a letter stating the
reasons the person should not be barred from university property within 21 days
of issuance of the trespass notice. The trespass notice will remain in effect
during the pendency of any review period. The president or president's designee
shall review all relevant information and issue a written order affirming,
modifying, or revoking the trespass order within 20 days after the request for
review is received. This decision is the university's final decision.
Statutory Authority:
RCW
28B.35.120(12). 92-22-001,
§ 172-122-200, filed 10/21/92, effective
11/21/92.
