Trespass Procedure

Purpose

The purpose of this procedure is to set expectations and parameters on property owned or controlled by the College to protect people and property, and to maintain orderly operations. Enforcement of this procedure may include issuing a Notice of Trespass to restrict individual(s) from being near another person at College activities or on the College premises.

Definitions

Authorized Representative

Any College administrator, Minnesota State University Moorhead (MSUM) security officer, or local police officer. 

College Property

All land, buildings, facilities, parking lots and other property in the possession of, owned, rented, leased, maintained or controlled by the College. The term ‘campus’ may be used interchangeably with ‘college property’ in this procedure. 

Notice of Trespass

Formal warning, either written or verbal, from the College or approved employee, informing an individual that they must leave and not return to the College property.

Summary Suspension

A temporary suspension that can be imposed, per the Minnesota State Community and Technical College Student Code of Conduct Policy, without a formal student conduct hearing to ensure the safety and well-being of members of the college community. 

Trespass

Entering College property when restricted from such property, or contacting or being near another person on College property when restricted from such contact or proximity.

Procedure

Assessment

College officials authorized to issue a Notice of Trespass may do so when documentation of one or more of the following conditions exists:

• The person has committed or been convicted of a crime, on or off College property, that creates a concern for the college community.
• The person is present in a College building after normal hours of operation or in a residence facility in violation of College or residential life policies.
• The person’s presence on College property represents a threat to the college community, or the person, who is not a student or employee, behaves in a suspicious or potentially disruptive manner.
• The person has not followed College policies, codes, rules or directives.
• The person has a role in a potential investigation relating to a violation of law or policy.

After College officials have determined an individual meets one or more conditions to issue a Notice of Trespass, the appropriate procedure will be followed dependent on if the individual is a current student, employee or member of the public.

If the individual is a current student:

1. The student will be issued a summary suspension by the dean of students or vice president of student affairs.
2. The summary suspension will restrict the student from returning to campus until an investigation is complete.
3. If warranted, the student may be issued a Notice of Trespass after the conclusion of the investigation.

If the individual is an employee:

1. The situation will immediately be reported to the vice president of human resources.
2. The situation will be investigated as may be warranted by the vice president of human resources or an administrative designee.
3. Appropriate action will be taken as is deemed necessary and in alignment with the respective bargaining unit contract.

If the individual is a member of the public:

1. The issuance of a Notice of Trespass can be delivered as soon as deemed necessary by the authorized representative.

Creating the Notice of Trespass

Upon being informed a Notice of Trespass will be issued, the clery compliance officer or the director of safety and emergency response will create the Notice of Trespass using the official College Notice of Trespass Template.

Issuance of Notice of Trespass

Upon determination that an individual(s) has provided adequate evidence to be issued a Notice of Trespass from campus, the authorized representative from the campus will issue the Notice of Trespass by certified mail with delivered signature required, or work with local law enforcement to deliver the Notice of Trespass if deemed necessary because of safety circumstances to the individual(s). If the trespass is on the Moorhead campus, the authorized representative will work with Minnesota State University Moorhead (MSUM) security to issue the Notice of Trespass.

Duration of Trespass

The Notice of Trespass will expire no later than one year after it was issued and at that time can be renewed if documentation or reasonable concern of continued risk exists.

Notice of Trespass Appeal

Student or member of the public:

1. An individual (student of member of the public) who has received a Notice of Trespass and wants to appeal it must submit the appeal in writing to the dean of student affairs. An appeal must be based upon:
   • New or newly discovered information which may substantially affect the appropriateness of the Notice of Trespass;
   • Existence of a procedural error; or
   • Belief that the Notice of Trespass is excessive and unwarranted.
2. The dean of student affairs will review the matter and may interview people who have relevant knowledge or seek information from any source to assist in deciding whether the Notice of Trespass was appropriate. This decision will be sent in writing to the individual who has appealed.
3. If the Notice of Trespass appeal was denied by the dean of student affairs, the decision may be appealed on the same grounds, in writing, to the vice president of student affairs. The vice president of student affairs will consider the record to date and may interview persons who have relevant knowledge or seek evidence from any source to inform the review. The vice president’s decision will be sent, in writing, to the individual who has appealed. The decision of the vice president of student affairs is final.

Employee:

Employee Notice of Trespass appeal will follow the requirements of the appropriate employee contract.

Campus Communication of Trespass

Once a Notice of Trespass has been issued, the authorized representative will distribute the notice to campus offices and employees as deemed necessary based on the situation leading up to the trespass. Distribution may be to the entire campus, a particular program or department, or an individual based on circumstances. The dean of student affairs and the clery compliance officer will also receive a copy of the Notice of Trespass.

Violation of Trespass Notice

Failure to comply with a Notice of Trespass may result in a report to MSUM security (Moorhead campus) and/or local police departments and may lead to arrest. Violation of a Notice of Trespass issued by the College will constitute trespassing upon College property, and the person may becited and subject to prosecution for criminal trespass in violation of Minnesota Statute 609.605.

Responsibility

Authorized Representative

Requesting a Notice of Trespass be issued to an individual or individuals and distributing the Notice of Trespass to appropriate campus employees or departments.

Dean of Student Affairs

Reviewing all Notice of Trespass appeals involving students or members of the general public.

Vice President of Student Affairs

Making a final decision if initial appeal is denied and appeal is elevated for students or members of the general public.

Vice President of Human Resources

Overseeing the trespass process if it is related to employees to ensure the employment contract is followed.

Clery Compliance Officer

Ensuring the incident gets logged in the daily crime log and annual report as needed.

Other Supporting References

Minnesota Statute 609.605

Associated Policies and Procedures

Minnesota State Community and Technical College Student Code of Conduct Policy