Ohio University Policy and Procedure

Banning Policy



Procedure No.:   02.002

Page No.:        1, 2, and 3 of 3


Date Issued:     10/10/98

Issued By:       Gary B. North



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Purpose

To identify circumstances which may preclude a person's continued presence on property owned, leased or operated by Ohio University, a process to be used for their immediate removal and to forbid their return for a specified period of time.

Policy

Students, faculty, staff and visitors assume an obligation to conduct themselves in a manner compatible with Ohio University's function as an educational institution. Therefore, a person's continued presence on property owned, leased or operated by Ohio University may be restricted provided their conduct is in violation of the following:

(a)    Active or passive, willful or deliberate obstruction, disruption, or occupation of building entrances, walks, stairways, passageways, approaches, classrooms, offices, parking areas, auxiliary rooms (power, telephone, etc.) or any other space that impedes implementation of authorized programs and functions of Ohio University;

(b)    Detaining, holding, intimidating, injuring, or threatening to injure or coerce by bodily harm any person lawfully upon property owned, leased, or operated by Ohio University;

(c)    Theft, malicious destruction, damage or injury to property not personally owned;

(d)    Conduct which creates a substantial risk of injury to a person or damage to property;

(e)    For purposes of student conduct the prohibitions contained in the Student Code of Conduct are incorporated into this policy by reference thereto. Student behavior and adjudication of inappropriate behavior is governed by the Student Code of Conduct. This policy is not intended nor shall it be used as a mechanism to circumvent procedures associated with the Student Code of Conduct.

The following Ohio University officials will be authorized to order persons to immediately leave Ohio University property and forbid their return for a specific period of time, including indefinitely:

(a)    President of Ohio University

(b)    Ohio University Police Officers

(c)    Vice President for Administration

(d)    Vice President for Student Affairs

(e)    Director of Legal Affairs

(f)    Regional Campus Deans (for Regional Campuses)


Procedure

The following procedure will be followed in ordering persons to immediately leave Ohio University property and forbid their return for a specified period of time, including indefinitely.

(a)    A verbal notice may be given when needed and appropriate.

(b)    A written notice will be, where practical, personally sent to the person by the official initiating the action directly or after a verbal notice.

The written notice will include the following:

(a)    Name and last known address of the person

(b)    Process for an appeal

(c)    Specification of the alleged unacceptable behavior

(d)    Notification that the person is prohibited on Ohio University property while an appeal is pending and is subject to arrest for trespassing during this period of time.

(e)    Location(s) the individual is prohibited from entering.

(f)    Inclusive dates prohibition is in effect.

A copy of all notices issued pursuant to this policy will be forwarded to the offices of Campus Safety and Legal Affairs.

This process need not be followed in cases of student conduct adjudicated by the Office of Judiciaries or persons prohibited from entering Ohio University property pursuant to criminal or civil sanctions of a court of law.

Persons forbidden to enter Ohio University property pursuant to this policy may file for an appeal with the Director of Campus Safety. Within thirty calendar days of receiving the appeal, the Director or his designee shall convene a review with the following composition:

(a)    Campus Safety (Chair), one representative

(b)    Legal Affairs, one representative

(c)    Vice President for Administration, one representative

(d)    A written record of the review shall be kept

(e)    A person who files for an appeal can be accompanied by a person who may assist but not play an active role in the review

(f)    Notice of final disposition of the appeal will be provided to the affected person within thirty days of the review.


You may initiate an appeal by forwarding a copy of this notice along with a request for a review to the Director of Campus Safety, 135 Scott Quadrangle. Once a review is requested it will be heard within thirty days, you will be notified of the date, time and location.

Failure to file for a review will result in a determination that the prohibition will be sustained and you are subject to arrest and criminal prosecution for trespassing during the specified period of time.

NOTE: You are not to enter Ohio University property until such time has expired per the ban dates indicated on this notice or the ban is modified by a review. You are subject to arrest and criminal prosecution for trespassing during the period of time you are banned.



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Dick Piccard revised this file (http://www.ohio.edu/policy/02-002.html) on May 1, 2013.

Please E-mail any comments or suggestions to "policy@ohio.edu".