Trespass/Ban From Campus

/https://siu.edu/search-results.php

Last Updated: Sep 19, 2024, 12:06 PM

Introduction

Southern Illinois University is a public institution of higher education that is open to the general public. However, the university has the ability to determine the expectations and parameters for an individual’s presence on university property. The university retains the right to restrict access to university property due to safety considerations relating to its students, faculty, staff and visitors. This policy describes the circumstances under which access to or presence on university property may be restricted and the procedures for issuing a No Trespass Notice (“Notice”) to individuals not affiliated with the university when appropriate.

Policy

When it is determined that an individual not affiliated with the university as a student, faculty or staff presents an ongoing threat to the campus, the university may issue a No Trespass Notice restricting that person from any property owned or controlled by the university for a period of time to be determined on a case-by-case basis. Failure to comply with the Notice will result in arrest pursuant to 720 ILCS 5/21-5, or any applicable city ordinance.

Procedures

  1. General Provisions: SIU is committed to the safety and welfare of students, faculty, staff and visitors through the establishment of reasonable practices that:
    1. Support a safe and secure environment in all buildings and grounds owned, leased and/or operated by SIU;
    2. Promote safety through policies and programs;
    3. Provide an appropriate level of security at university activities;
    4. Safeguard the university’s property and physical assets.
  2. Authority
    1. Sworn officers with the SIU Department of Public Safety at Carbondale or the Office of Police and Public Safety at Springfield are authorized to temporarily forbid any person from entering or remaining in or on property owned or controlled by SIU after providing prior notice that such entry is forbidden.
    2.  For the Carbondale, Illinois location, the Associate Vice Chancellor for Human Resources (or designee) and for the Springfield location the Associate Provost for Finance and Administration is authorized to issue a No Trespass Notice under the following conditions:
      1. The Notice is issued to a non-affiliated person or an employee placed on administrative leave provided that if the non-affiliated person the Associate Provost at the Springfield location shall consult with Patient Risk and Safety prior to issuing the notice if the incident arose in a location at which patients are seen;
      2. The Notice may be issued when the actions of a person(s) are considered serious enough to be a threat to the campus community including, but not limited to crimes of violence against persons or property, or when the behavior is persistent enough to alarm or disturb a reasonable person engaged in legitimate university business, or is disruptive to the operation of the university. The following are examples of behaviors that may result in the issuance of No Trespass Notice:
        • Commission or conviction of any criminal offense on or off university property;
        • Violation of university policies or rules;
        • Engaging in behavior or conduct that presents a threat to university property or a member of the university community, including students, faculty, staff or visitors.
      3. The Notice must be in writing and specify the reason for the Notice, the scope and duration of the restriction, the potential consequences of a violation of the Notice, and the appeal process. The scope and duration of the restriction imposed must be proportional to the underlying misconduct.
  3. Appeal

    A person who has been issued a Notice may appeal the decision to the Chancellor (or designee). The appeal process is not applicable to any criminal charge(s), which are resolved through the appropriate court system.

    1. A. The Notice must be appealed in writing to the Director of Public Safety and received within seven (7) business days of the date the Notice is served. Written appeals should be hand-delivered or mailed to:

      If issued for the Carbondale location:
      Office of the Director
      Department of Public Safety
      1175 South Washington Street
      Carbondale, IL 62901

      If issued for the Springfield location:
      Office of the Director
      Office of Police and Public Security
      PO. Box 19620
      Springfield, IL 62794-9620

    2. Failure to file a timely appeal shall be considered a waiver of the right to appeal.
    3. Written appeals should include:
      1. Appellant’s contact information, including address, telephone number and email address.
      2. Date of issuance of the Notice and location.
      3. Reason for being on university property at the time of the incident.
      4. Future need to be on university property.
      5. Any other information appellant wishes to be considered.
      6. Whether a hearing is requested.
    4. Upon receipt of a timely appeal, the Director of Public Safety will gather all appropriate information and forward all documents and information to the Chancellor (or designee) for consideration.
    5. Whether to hold a hearing is within the Chancellor’s (or Chancellor designee’s) discretion. In the event that a hearing is held, the Chancellor (or designee) will conduct a hearing as soon as possible. At the hearing, the appellant will be given an opportunity to present or dispute relevant information.
    6. The Chancellor (or designee) will sustain, rescind or modify the No Trespass Notice in a written decision that will be mailed to the address provided in the written appeal.
    7. If an appeal is filed, the restrictions set forth in the Notice will remain in effect until the appeal process is completed. If the trespass is sustained and the subject of the Notice returns to a restricted area, he or she will be subject to arrest under 720 ILCS 5/21-5 or applicable city ordinances.