AD104 Trespass Warning Policy

Contents

• Purpose
• Scope
• Definitions
• Policy
• Cross References 

PURPOSE

The purpose of this policy is to protect the Pennsylvania State University (hereafter “University”) community and its property, and to reduce disruptions to the University’s activities and functions. To this end, it is sometimes necessary to prohibit individuals from entering or remaining on University premises by issuing a Notice of Trespass pursuant to Pennsylvania law.

SCOPE

This policy applies to faculty, staff, students, and visitors on University premises.

Faculty, staff, students, and visitors are subject to federal and state laws, local ordinances, and any applicable policies, procedures, and rules of the University.  University policies can be found at https://policies.psu.edu/. 

DEFINITIONS

“University premises” refers to buildings or grounds that are owned, leased, operated, controlled, supervised, or otherwise used by the University.  It also includes online platforms that are owned, leased, operated, controlled, supervised, or otherwise used by the University.

“Visitor” refers to any person who is not a student, staff, or faculty member of the University and who is on University premises.

POLICY

The University is committed to safeguarding its community, including its faculty, staff, students, and visitors on University premises. It is likewise committed to the safe operation of University activities and to protecting University assets.

This policy establishes guidelines for the University and the University Police and Public Safety Department (UPPS) to issue and enforce Notices of Trespass in accordance with Pennsylvania Criminal Trespass statutes and University policies. This policy operates together with UPPS Policy and Procedural Order 5.21, “Trespass.”

UPPS Officers may issue a Notice of Trespass:

1. If an individual commits, or is suspected of committing a crime, while on University premises against persons or property;
2. If an individual refuses or fails to comply with established University policy that protects the health and safety of persons or property;
3. If an individual refuses to comply with the lawful directives of UPPS personnel or other authorized University officials;
4. If an individual disrupts the lawful operations and functions of the University (including classes, classroom events, student activities, etc.); or
5. If an individual demonstrates a risk of physical harm or injury to others or property.

Issuing a Notice of Trespass to an individual does not preclude an Officer from taking other law enforcement action as necessary.

Notices of Trespass will remain in effect for one year, or until rescinded or modified.

Administrative alternatives to a Notice of Trespass are available for students, faculty, and staff. Examples include referrals to the Office of Student Accountability and Conflict Response and/or Human Resources when appropriate.

A. Appeal Process

An individual receiving a Notice of Trespass may submit a written request for an appeal to the Chief of Police within 10 days of the initial Notice Against Trespass. The Chief may consult with others (e.g., Student Affairs, Office of Physical Plant, General Counsel, the Office of Ethics and Compliance) and will render his or her decision on the appeal within 10 business days of receipt of the appeal. Should the issuance of the Notice of Trespass be confirmed by the Chief, the individual may submit a written request for a further appeal to the Director of the Office of Ethics and Compliance within 10 business days of the Chief's decision. The Director can review the records relating to the underlying matter and any previous appeal, as well as any written submissions, as requested. The Director will make the final ruling and notify the subject.

B. Violation of the Notice of Trespass

If the individual is provided with a Notice of Trespass and refuses to depart, the individual may be arrested for violation of the appropriate trespass statute. If an individual who has previously been issued a Notice of Trespass enters University premises during the prohibited period, the individual may also be arrested for violation of the appropriate trespass statute.

CROSS REFERENCES

AD51 Use of Outdoor Areas for Expressive Activities

AD78 Threats to Campus Safety 

AD88 Code of Responsible Conduct

AD91 Discrimination and Harassment and Related Inappropriate Conduct

AD92 Political Campaign Activities

AD103 Visitor Rights and Responsibilities

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Revision History (and effective dates):

• October 3, 2023 - New policy.