St. Cloud State University Policies & Procedures

Trespass and University Restriction Link☍

Create PDF: Trespass and University Restriction

Current Status: Approved

Policy Type: All University

Department/Division: Division of Student Affairs

Effective Date: 05/01/2012

Last Updated: 11/22/2022

Applies To: Students, Faculty, Staff, Visitors, Contractors, Vendors

Responsible University Officer: Vice President for University Affairs and Advisor to the President, Vice President for Strategic Enrollment Management

Policy Owner: Director of Public Safety, Vice President for Strategic Enrollment Management

Policy Contact: Office of the Division of Student Affairs, Interim Provost/Vice President for Academic Affairs

Rationale

St. Cloud State University has the ability to set expectations and parameters for a person’s presence on University owned or controlled property and at University activities, and to enforce such expectations, consistent with the First Amendment to the Constitution of the United States, to protect persons and property and orderly operation of the University. 

 

Policy

St. Cloud State University may trespass or restrict an individual(s) from activities of the university and/or property owned or controlled by the University, or portions thereof, in order to protect persons or property from danger or damage, or to prevent disruption of operations. This may include restricting individuals from contacting or being near another person at University activities or on property owned or controlled by the University.

Procedure

The Director of Public Safety or designee may prohibit individuals from property owned or controlled by the University, either specified portions of the campus or from the campus in its entirety, by issuing a written Notice of University Trespass.

The University Vice President for Finance and Administration, Vice President for Student Life and Development, and the Director of Equal Opportunity and Title IX, and their designees, may restrict students and other individuals from activities of the university or areas of the university over which they have responsibility. They may also restrict individuals from contacting or being near another person on campus in appropriate circumstances through University procedures. These authorized individuals will issue a Notice of University Restriction. For Student Code of Conduct purposes, this may be an alteration of privileges. For Equal Opportunity purposes, this may be a no contact directive.

Those university officials authorized to issue a Notice of University Trespass or a Notice of University Restriction may do so when documentation of one or more of the following conditions exists:

  1. The person has committed, or been convicted of, a crime on or off of University property that creates a concern for the university community.
  2. The person is present in a University building after normal hours of operation or in a residence facility in violation of University or Residential Life policies.
  3. The person’s presence on University property represents a threat to the University community or the person, who is not a student or employee, behaves in a suspicious or potentially disruptive manner.
  4. The person has not followed University policies, codes, rules or directives.
  5. The person has a role in a potential investigation relating to a violation of law or policy.

Any Notice of University Trespass and any Notice of University Restriction issued must be provided to the Department of Public Safety.

NOTICES OF UNIVERSITY TRESPASS

Failure to comply with a Notice of University Trespass may result in a report to St. Cloud Police Department and may lead to arrest.  Violation of a trespass notice issued by St. Cloud State University will constitute trespassing upon university property, and the person may be cited and subject to prosecution for criminal trespass in violation of Minn. Stat. 2010, 609.605.

Copies of Notices of University Trespass may be distributed to campus offices and officials to inform and assist the campus community in identifying individuals who have been given such notices. When possible a photograph should be included on such notices.

The Notice of University Trespass will expire no later than one year after it was issued and at that time can be renewed if documentation or reasonable concern of continued risk exists. An individual who has received a Notice of University Trespass who wants to appeal it must submit the appeal in writing to the Director of Public Safety. An appeal must be based upon:

  • new or newly discovered information which may substantially affect the appropriateness of the Notice of University Trespass;
  • the existence of a procedural error; or
  • the belief that the Notice of University Trespass is excessive and unwarranted.

The Director of Public Safety will review the matter and may interview persons who have relevant knowledge or seek information from any source to assist in deciding whether the Notice of Trespass was appropriate. This decision will be sent in writing to the individual who has appealed.

If the trespass notice appeal was denied by the Director of Public Safety, the decision may be appealed on the same grounds, in writing, to the Vice President for Finance and Administration. The Vice President for Finance and Administration will consider the record to date and may interview persons who have relevant knowledge or seek evidence from any source to inform the review. The Vice President’s decision will be sent, in writing, to the individual who has appealed. The decision of the Vice President for Finance and Administration is final. Whether the trespass notice is upheld or withdrawn, the Office of Public Safety and other University offices will be advised of the outcome.

NOTICES OF UNIVERSITY RESTRICTION

University restrictions, including alteration of privileges or no contact directives may be used during an investigation, code of conduct process, or other university process to protect any party. A Notice of University Restriction may be issued as a sanction resulting from a code of conduct or other university process. The Notice of University Restriction will include an expiration date or note the circumstance that will dissolve the restriction.  The Notice will name the University process that supported the restriction. Ending or modifying the restriction must occur as part of the University process which authorizes its implementation. If the SCSU Student Code of Conduct process results in a University restriction the student may appeal that restriction through the Student Code of Conduct appeal process. If a Title IX or other conduct process results in a University restriction the student may only seek modification of the restriction through that process.

Supporting URLs

Websites, Related External Documents, Statutes

Definitions

Restriction

Any limitation on activity, by statute, regulation, contract or action of an official of St. Cloud State University

Trespass

Entering on property owned or controlled by St. Cloud State University when restricted from such property; or contacting or being near another person on property owned or controlled by St. Cloud State University when restricted from such contact or proximity.

University Property

All land, buildings, facilities, parking lots and other property in the possession of, owned, rented, leased, maintained, or controlled by St. Cloud State University. The term Campus may be used interchangeably with University Property. 

Contacts

Responsible University Officer
   Siminoe, Judith P.
   Vice President for University Affairs and Advisor to the President
 
jpsiminoe@stcloudstate.edu
320-308-2124
Responsible University Officer
   Woods, Jason L.
   Vice President for Strategic Enrollment Management
 
jlwoods@stcloudstate.edu
320-308-5455
Owner
   Schnettler, David J.
   Director of Public Safety
 
dschnettler@stcloudstate.edu
320-308-4060
Owner
   Woods, Jason L.
   Vice President for Strategic Enrollment Management
 
jlwoods@stcloudstate.edu
320-308-5455
Contact
   Dobmeier, Melissa A.
   Office of the Division of Student Affairs
 
madobmeier@stcloudstate.edu
320-308-4247
Contact
   Pattit, Katherina G.
   Interim Provost/Vice President for Academic Affairs
 
katherina.pattit@stcloudstate.edu
320-308-3213

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