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:
- The person has committed, or been convicted of, a crime on or off of University property that creates a concern for the university community.
- 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.
- 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.
- The person has not followed University policies, codes, rules or directives.
- 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.