BAN/TRESPASS NOTICE DEFINED
A ban/trespass notice is a verbal or written notice issued to an individual or group of individuals forbidding them access to the University of the Ozarks Campus and other owned properties. Violation of the ban/trespass notice may result in arrest or criminal prosecution.
University of the Ozarks is a private institution and therefore has the right (Arkansas Statue 5-39-203), to issue ban/trespass notices to individuals banning them from university owned property. The Department of Public Safety has been given the authority by University of the Ozarks to issue such notices.
WHO MAY BE ISSUED A BAN/TRESPASS NOTICE?
A ban/trespass notice can be issued to any person who disturbs the safe environment of the campus, whether such disruption is directly witnessed by or brought to the attention of the Department of Public Safety. Examples of such disturbances include, but are not limited to:
· Causing harm or inflicting injury to university community member
· Threatening or intimidating members of the community
· Disrupting academic and administrative business of the university
· Causing damage to university or personal property
· Violating university policy
· Acting inappropriately and/or making statement (written or verbal) that are deemed unacceptable by the university
PROCESS FOR ISSUING
Generally, ban/trespass notices are given verbally and in writing to individuals by the Department of Public Safety. Notices may be hand delivered or mailed to individuals when an address is known. In extreme cases when delivery of a ban/trespass document may result in violence, delivery through the District Attorney’s office may be advisable.
Once the individual receives the trespass notice, or the certified mail receipt is received by the Department of Public Safety, the ban/trespass notice is active and enforceable. Copies of all written notices are kept on file with the Department of Public Safety.
Local law enforcement will be informed of the ban and given appropriate documentation, as soon as the ban trespass notice is active and enforceable.
Individuals requesting a ban/trespass notice must contact the Department of Public Safety and speak to the Director of Public Safety. A ban/trespass notice can only be issued after an incident report is filed with the Department of Public Safety office. The Director of Public Safety will then determine if the incident meets the above criteria. Ban/trespass notices can be issued for the protection of university students, staff or guest. Protection for incidents which occur off campus or that have occurred before a student was enrolled at University of the Ozarks will be considered and granted if there is sufficient reason to believe that an incident that fits the above listed criteria is likely to occur.
A ban/trespass notice is valid indefinitely. However, trespass notices will be reviewed upon request of the person who received the notice. The Director of Public Safety and the Vice President for Finance and Administration will consult with the person, who originally requested the ban/trespass notice be issued and/or with the Dean of Students (when relevant) to evaluate a ban/trespass notice appeal.
University of the Ozarks, Department of Public Safety ban/trespass notices are valid only for University of the Ozarks owned property.
Photographs of individuals banned from campus will be posted in the Department of Public Safety office.
No one other than the Director of Public Safety can give permission for someone who received a ban/trespass notice to come on campus for any purpose. Any temporary exception will likely be contingent on an escort approved by the Director of Public Safety. The Director of Public Safety reserves the right to deny any appeal based on the needs of the community.
Each notice that is issued includes information about the appeals process. Appeals must be received in writing and are reviewed by the Director of Public Safety or by the Provost if the original ban was signed by the Director of Public Safety. The criteria used for the appeals review include, but are not limited to: a determination of the threat posed by the individual, a weighing of the individual’s need to be present on campus, and a review of the incident or supporting documentation that resulted in the ban/trespass notice being issued.
IF NOTICE IS MODIFIED
If the Director of Public Safety or the Provost considers modifying or rescinding a ban/trespass notice as a result of an appeal, the director will contact the person who originally requested the ban/trespass notice or their representative in writing to discuss the appeal. If the original requester is no longer a member of the University of the Ozarks community, she or he will not be contacted. The director may consult with other university personnel as part of the appeal review process, such as the Dean of Students or Human Resources. If the original requesting party is still a member of the University of the Ozarks community, she or he will be informed of the outcome of the review prior to any modification or revocation of the ban/trespass notice.