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11.21 / Issuance of Criminal Trespass Orders

Purpose:
The purpose of this statement is to set forth University policy with regard to who has the authority to issue a criminal trespass order excluding an individual from the University campus and/or permitting an individual to come to the University campus for specifically designated and limited purposes.

Preamble:
Occasionally, there are circumstances and/or situations that require the exclusion of an individual from University property, either totally or with limited exceptions. Any such formal exclusion would be based on the provisions of K.S.A. 21-5808, which makes it a criminal trespass for someone to enter premises when they have been ordered not to do so.

Policy Statement:

1.  The following individuals shall have the authority to issue a criminal trespass order on behalf of Wichita State University: the President, the Provost and Senior Vice President, the Vice President for Student Affairs, or the Vice President for Administration and Finance or their designees.

2.  All criminal trespass orders shall be written consistent with a format previously reviewed and approved by the General Counsel.

3.  A copy of the criminal trespass order shall be personally delivered by a law enforcement officer to the individual to be excluded from the campus as soon as possible, and the information shall be retained regarding the time and place of the service of said order. Copies shall also be provided to the University Police Chief and the General Counsel, and others as deemed necessary and appropriate under the circumstances.

4.  The length of the criminal trespass order is dependent upon the situation but in some cases may be permanent.

5.  The University official issuing the trespass order shall determine if, and under what circumstances, a criminal trespass order will be lifted or removed.

6.  The recipient of a criminal trespass order may appeal to have the order lifted or modified. Appeals must be made in writing (either via University email or the U.S. Postal Service) to the University official that signed the trespass notice. The appeal letter must be received within thirty calendar days of the date of service. The University official will have ten working days to respond to the appeal. The decision responding to the appeal will considered final and will be sent via University email or the U.S. Postal Service.

Implementation: 
This policy shall be included in the WSU Policies and Procedures Manual and shared with appropriate constituencies of the University.

Effective Date: 
October 31, 2009

Revision Date:
January 18, 2011
December 9, 2015

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