Policy 632.00

Procedures Regarding No Trespass Orders

Subject: Procedures Regarding No Trespass Orders

  1. Purpose

    In accordance with Md. Code Ann., Educ., § 26-102, the purpose of these procedures is to provide clear authority, protocols, enforcement and guidelines when issuing No Trespass Orders to deny access to the buildings or grounds of University of Maryland University College ("University").

  2. Temporary No Trespass Orders
    1. The University's President designates the following employees ("Designated Employees") as persons who may deny, or cause to be denied, access to University buildings and grounds ("University Property"):
      1. The Associate Vice President of Facilities; and
      2. The Security Director.
    2. A Designated Employee has the authority to issue and facilitate delivery of a Temporary No Trespass Order ("Temporary Order") for a period of ten (10) business days to an individual if the Designated Employee determines that:

      1. The individual is not a currently enrolled student, is not employed by the University and has no lawful business to pursue with or at the University; or
      2. The individual acts in a manner that disrupts or disturbs the normal educational functions of the University; or
      3. The individual has committed or is suspected of committing a violation of the Maryland Criminal Code; or
      4. The individual has demonstrated a risk of physical harm or injury to others or property; or
      5. The individual is a student who has been suspended or expelled and is on University Property during the period of the individual's suspension or expulsion.
    3. Issuing a Temporary Order
      1. To issue a Temporary Order, the Designated Employee shall complete the Temporary No Trespass Order form, attached as Appendix A, and shall make every attempt to ensure that the individual's correct name, address and email address are included on the Temporary Order.
      2. A copy of the Temporary Order shall be given to the individual at the time of issuance.
      3. If the individual is no longer present on University Property at the time the Temporary Order is issued, the Designated Employee may send the notice to the individual via certified mail, U.S. mail and/or email. If the Designated Employee is unable to ascertain the individual's address or email address, the notice may be retained in the Security Office and may be issued to the individual immediately should the individual return to University Property.
    4. Removing the Individual
      1. Following the issuance of a Temporary Order, the Designated Employee may escort the individual off University Property and ensure that the individual actually leaves University Property.
      2. If an individual refuses to leave or returns to University Property, the Designated Employee may contact the local police department to assist in removal of the individual.
    5. Reporting
      1. If a Temporary Order is issued, the Designated Employee who issued the Temporary Order shall draft an incident report, describing in detail the occurrence that led to the issuance of the Temporary Order ("Incident Report") as soon as practicable.
      2. No less than one (1) business day after the issuance of a Temporary Order, the Designated Employee shall notify the Chief Financial Officer and Senior Vice President for Administration and Finance ("CFO") and provide a copy of the Temporary Order and the Incident Report.
      3. In addition, no less than one (1) business day after the issuance of a Temporary Order, the Designated Employee shall notify all employees in the Security Department and provide a copy of the Temporary Order so that such employees may take appropriate action if the individual returns to University Property. One copy of the Temporary Order shall be maintained at the Security Office.
  3. Administrative Review
    1. An individual who has been issued a Temporary Order ("Respondent") shall be given the opportunity for administrative review of the Temporary Order.
    2. The Temporary No Trespass Order Form shall provide notice of the process for administrative review to the Respondent.
    3. Notice of Intention to Contest
      1. If the Respondent wishes to contest the Temporary Order or oppose the extension of the Temporary Order, the Respondent shall notify the Office of Legal Affairs via email at legal-affairs@umuc.edu no later than two (2) business days after the issuance of the Temporary Order.
        1. Upon receipt of notice that the Respondent will contest the Temporary Order, the Office of Legal Affairs shall submit the request for a hearing to the CFO or designee.
        2. The Office of Legal Affairs will send a notice of the date and time of the hearing, the name of the hearing officer designated by the CFO or designee ("Hearing Officer"), a copy of the Incident Report and a copy of these procedures to the email address the Respondent used to provide notice to the Office of Legal Affairs, using the Hearing Notice Form, attached hereto as Appendix B.
        3. If the Respondent does not provide notice of an intent to contest the Temporary Order as provided above, the CFO or designee may determine whether the Temporary Order shall be terminated, modified or extended for a longer period of time without a hearing, after interviewing the Designated Employee, any witnesses to the occurrence and any relevant documents.
          1. If the administrative review is conducted without a hearing, the CFO or designee shall provide the decision to the Office of Legal Affairs.
          2. The Office of Legal Affairs shall notify the Respondent of the decision via certified mail, U.S. mail and/or email, if the University can reasonably ascertain such information.
          3. If the University is unable to ascertain the Respondent's address or email address, the Office of Legal Affairs shall submit the decision to the Security Office for retention.
            1. If the Respondent returns to University Property, the Security Office shall issue the decision to the Respondent immediately.
            2. If the decision extends the Temporary Order, the Security Office shall escort the individual off University Property and ensure that the individual actually leaves University Property and may contact the local police department, if necessary.
    4. The Hearing
      1. If the Respondent seeks to contest the Temporary Order or oppose the extension of the Temporary Order, the CFO or designee ("Hearing Officer") shall conduct a hearing and shall determine whether the Temporary Order shall be terminated, modified or extended for a longer period of time.
      2. The hearing shall be held via telephonic or electronic means within a reasonable period of time.
      3. Evidence to Be Presented at the Hearing
        1. If the Designated Employee or the Respondent intend to call witnesses, provide any documents, or submit any other tangible materials at the hearing, the Designated Employee or Respondent shall send a witness list and a copy of any documents or tangible materials to the Office of Legal Affairs via email no less than two (2) business days prior to the start of the hearing.
        2. The Office of Legal Affairs shall send any witness lists, documents or other tangible materials received to the Hearing Officer, Designated Employee and Respondent via email at least one (1) business day prior to the hearing.
        3. If the Designated Employee or Respondent does not submit the a witness list or the name of a witness or does not submit documents or materials by the deadline set forth above, the Hearing Officer shall not permit any witnesses not named to testify and shall not review any documents or materials submitted after the deadline.
        4. If the Respondent fails to participate in the date and time designated for the hearing, the Hearing Officer shall review the information presented by the Designated Employee and render a decision without the Respondent's participation.
      4. Hearing Process
        1. At the hearing, the Designated Employee will present the reasons for the issuance of the Temporary Order, witness testimony regarding the occurrence and any relevant documents to the Hearing Officer.
          1. The Respondent shall be given the opportunity to question the Designated Employee and any witnesses presented at the hearing.
          2. The Respondent will be given an opportunity to object to any documents presented to the Hearing Officer.
        2. After the Designated Employee has presented the case for the University, the Respondent will present the reasons the Temporary Order should be terminated or modified, witness testimony regarding the occurrence and any relevant documents to the Hearing Officer.
          1. The Designated Employee will be given the opportunity to question the Respondent and any witnesses presented at the hearing.
          2. The Designated Employee will be given an opportunity to object to any documents presented to the Hearing Officer.
        3. If the Hearing Officer finds any of the questions posed by the Designated Employee or Respondent to be inappropriate or improper, the Hearing Officer may instruct the Designated Employee, Respondent or witness not to answer.
        4. The Hearing Officer may question the Designated Employee, Respondent and any witnesses to the occurrence.
        5. The Hearing Officer may review any documents presented that may be relevant to the occurrence. If the Hearing Officer finds any of the documents presented to be irrelevant or inappropriate, the Hearing Officer may state in the decision that the document will not be considered and the reasons for not considering the document.
      5. Decision
        1. As soon as practicable after the hearing, the Hearing Officer shall issue a decision to terminate, modify or extend the Temporary Order and submit it to the Office of Legal Affairs.
        2. The Office of Legal Affairs shall notify the Respondent and Designated Employee of the decision via email.
        3. If the Hearing Officer finds that the Temporary Order will be modified or extended, the Designated Employee shall issue a No Trespass Order, stating the duration of the No Trespass Order and any specific terms and conditions of the No Trespass Order using the No Trespass Order Form, attached as Appendix C, and deliver it to the Respondent via email.
        4. The Designated Employee shall deliver a copy of the No Trespass Order, if any, to the Security Office and the CFO or designee. If the Temporary Order is dissolved, the Designated Employee shall notify the Security Office and the CFO or designee.
    5. The decision of the Hearing Officer will be final.
  Current Policy Prior Policy
Policy Number 632.00 N/A
Date 6/17/19 N/A