9.14.1 Trespass

Policy TrackingDate

  1. Definitions
    1. College Property − College property means any property owned or controlled by Blue Ridge Community College.
    2. Designee − for purposes of this policy “designee” or “designated College official” means any law enforcement officer employed or contracted by Blue Ridge Community College, any Vice President of Blue Ridge Community College or any other individual authorized to have such duties by the President.
  2. Procedures
    1. Trespasses may be issued by Campus Law Enforcement officer or by any other designated College official as defined above.
    2. Persons may be directed to leave or may be prohibited from entering College property or prohibited from contacting or being near another person and/or given a trespass for reasons including but not limited to the following:
      1. Commission or conviction of any criminal offense on or off College property;
      2. Violation of College policies, regulations, or rules;
      3. Engaging in behavior or conduct that presents a threat to College property or a member of the College community including faculty, staff, students and visitors;
      4. Presence on College property without satisfactory explanation; and
      5. Otherwise behaving in a suspicious or disorderly manner while on College property.
    3. A trespass is to be limited in scope to that which is reasonably necessary for the protection of the College.
    4. The duration of a trespass is one year unless otherwise specified or as modified during appeal.
    5. Campus Police and Public Safety will maintain a listing of trespassed individuals.
    6. Designated College officials must notify the Campus Police and Public Safety in writing when they issue a trespass.
    7. If a Designated College Official lifts a trespass, they shall provide written notice to Campus Police and Public Safety so that records may be updated. The person subject to the trespass should not return to the restricted area until he/she has been notified by the Campus Police that the trespass has been lifted.
  3. Appeal Process
    1. A person who has been given a trespass warning may appeal by following standard appeal and grievance procedures outlined in the Blue Ridge Community College Policy and Procedures. The warning remains in effect during the appeal.
  4. Trespass Arrest
    1. Any law enforcement officer may arrest a person who refuses to leave College property after being asked to leave by the President or a designee.
    2. In areas that are properly posted “no trespassing,” Campus law enforcement officers are authorized to issue a citation or make an arrest, where appropriate, for 2nd Degree Trespassing.
    3. Court orders and College disciplinary order/decisions remain in effect for the duration stated in the order/decision, and may result in arrest for violations during that time period.
    4. If an arrest for trespass cannot be substantiated at the time of response, the Campus Law Enforcement should give the person another warning and escort the person from College property. If a later review of the incident by Campus Police and Public Safety indicates the individual was trespassing, officers may obtain a warrant for trespassing.