Section R813-3-6 - Trespass Orders(1) Pursuant to Utah law, the University President, as the chief administrative officer, may order individuals to leave University Property. (a) To ensure the safety and security of the campus, the President delegates authority to the Chief of Police to issue and carry out Trespass Orders.(b) Further, the President delegates the Chief of Police with authority to designate members of the Utah State University Police Department with authority to act for the Chief of Police and order individuals to leave University Property and to otherwise support the Chief of Police in enforcing this rule.(c) This designation and authority will remain in effect until such authority is rescinded by the University President.(2) The President and the Chief of Police or their Designee or Designees may verbally order an individual to leave the University Property if there is reasonable cause to believe an individual: (a) intends to act to: (i) cause injury to a person;(ii) cause damage to property;(iv) interfere with the peaceful conduct of the activities of the University;(v) violate any lawful university rule, policy, or regulation;(vi) disrupt the University, its pupils, or the University's activities; or(b) is reckless as to whether the person's actions will cause fear for the safety of another.(3) When ordering an individual to leave University Property, the Chief of Police or the Chief's Designee or Designees will:(a) identify themselves to the offending individual;(b) request that the offending individual identify themselves;(c) ascertain whether the offending individual is a member of the University community or the public;(d) explain that the individual is being trespassed from University Property, meaning that the individual may not return until the date stated on the forthcoming Written Trespass Order; and(e) explain the consequences for failing to adhere to the Trespass Order, including that the individual will be in violation of Utah law and may be charged with a Class B misdemeanor for the first offense and a Class A misdemeanor for a second offense.(4) After issuing the Verbal Trespass Order, the Chief of Police or Designee or Designees will draft a Written Trespass Order. USU PD will serve the Written Trespass Order to the offending individual within two business days of the Verbal Trespass Order.(5) Regardless of whether a Verbal Trespass Order has been issued to an offending individual, the Chief of Police or Designee or Designees will issue a Written Trespass Order. At minimum, the Written Trespass Order will include: (a) the date on which the Verbal Trespass Order, if applicable, was issued;(b) the date on which the Written Trespass Order is effective;(c) the areas from which the individual is trespassed;(d) the actions committed by the individual that are the basis for the Trespass Order;(e) the date on which the Trespass Order will expire; and(f) an explanation of the individual's right of appeal and the process for doing so.(6) All Written Trespass Orders delivered by USU PD will be recorded through the USU PD reporting systems and will be copied to the Vice President for Student Affairs if the offending individual is a student, the University Provost, and the responsible Dean if the offending individual is faculty, and the responsible Vice President or Dean if the offending individual is an employee.Utah Admin. Code R813-3-6
Adopted by Utah State Bulletin Number 2024-21, effective 10/22/2024