E3.56 No-Trespass (Ban Notice)

Effective Date: August 30, 2019
Last Reviewed: August 30, 2019


Purpose

The purpose of this policy is to establish guidelines for the College’s issuance of a no-trespass warning or ban notice to a person who is, has been, or is threatening to be present on College property and who has engaged, or is reasonably likely to engage, in criminal activity, a violation of the College’s Community Standards or other policies, or conduct that is or may reasonably be deemed to be threatening, disruptive, or violent. A no-trespass warning, also called a ban notice, constitutes an official prohibition against entering College property or participating in any College-sponsored events. Any person who violates a no-trespass warning may be arrested and charged with criminal trespass under Massachusetts Law.

Policy

The College has substantial and meaningful ties to the surrounding communities. Further, the College is committed to safeguarding the people who learn, research, live, work and visit here, to ensuring the safe operation of College activities, and to protecting College assets. The College thus can, and does, restrict access to buildings and outdoor areas. Additionally, from time to time, the College exercises its right to deny access to some or all College property or to College-sponsored events after a reasoned determination has been made that a person has engaged, or is reasonably likely to engage, in criminal activity, a violation of College policy, or conduct that is or may reasonably be deemed to be threatening, disruptive, or violent.

A no-trespass warning remains in effect until modified or withdrawn in writing by an authorized College official. Regardless of whether a no-trespass notice has been issued, any person who is deemed to have committed a crime may be arrested by law enforcement and referred for prosecution. For purposes of this policy, College property includes all indoor and outdoor spaces owned or leased by or from the College.

Persons who have engaged, or are reasonably likely to engage, in criminal activity, a violation of College policy, or conduct that is or may reasonably be deemed to be threatening, disruptive, or violent may be issued a no-trespass warning/ban notice. The warning may be given orally or in writing at the time of the concerning conduct, or later via a written notification sent to the banned person via email, first class mail, and/or certified mail. Generally, a written no-trespass notice will inform the person that they are barred from all College property and College’, and it will include the duration of the ban or notice that the ban is indefinite, the general reason for the ban, and that if the person returns to College property, they will be subject to arrest for criminal trespass.

A person who has received a no-trespass warning may make a written petition for the review of the ban by directing the request to the Chief of Campus Police. The petition must include the reasons for the review request, a complete and candid explanation for the conduct that precipitated the no-trespass warning, the basis for the desire to be on College property or participate in College-sponsored events, and any other information the person wishes to be considered.

A committee consisting of the Chief of Campus Police or their designee, the Director of Community Standards or their designee, and the Director of Alumni Affairs or their designee shall meet to review the petition. Normally, a substantive determination on the petition will be made and communicated in writing within thirty days of receipt. The no-trespass warning remains in effect during and after the review process, unless the warning is modified or withdrawn.