Subject Area: Miscellaneous
Responsible Office: Office of Legal Counsel
Sponsor: Chief Financial Officer & Vice President & General Counsel
Originally Issued: September 1, 2013
Revised: N/A
Refer Questions To: Office of Legal Counsel
Purpose: The purpose of this policy is to establish guidelines for the University of Chicago’s issuance of a no-trespass warning to a person who is, has been or is threatening to be present on University property and who has engaged, or is reasonably likely to engage, in criminal activity, a violation of University policy, 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 University property. Any person who violates a no-trespass warning will be arrested and charged with criminal trespass under the Illinois Criminal Code.*
Policy
The University has substantial and meaningful ties to the surrounding communities and,indeed, the rest of the world. For this reason, even though the entire campus is private property, most outdoor areas and some buildings on campus are, in a general sense and during normal business hours, “open to the public.” At the same time, the University is committed to safeguarding the people who learn, research, live, work and visit here, to ensuring the safe operation of University activities, and to protecting University assets. The University thus can, and does, restrict access to buildings and some outdoor areas during non-business hours. Additionally, from time to time, the University exercises its right to deny access to some or all University property after a reasoned determination has been made that a person has engaged, or is reasonably likely to engage, in criminal activity, a violation of University 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A no-trespass warning remains in effect until modified or withdrawn in writing by an authorized University official.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, “University property” includes all indoor and outdoor spaces owned or leased by or from the University, including but not limited to all buildings that constitute the University of Chicago Medical Center.
Process
Persons who have engaged, or are reasonably likely to engage, in criminal activity, a violation of University policy, or conduct that is or may reasonably be deemed to be threatening, disruptive, or violent may be issued a no-trespass warning. 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: (i) that he/she is barred from all University property or parts of University property (specifying the portion, e.g., the Medical Center, solely for purposes of obtaining medical treatment); (ii) of the duration of the ban; (iii) of the reason for the ban; and (iv) that if he/she returns to University property (or the designated portion) he/she will be subject to arrest for criminal trespass. No-trespass warnings are effective immediately.
Designated officials within the following University administrative units are authorized to issue a no-trespass warning: UCPD, the Office of Legal Counsel, College Housing, Campus Life and Student Services, the Office of the Provost, Residential Real Estate, and Human Resources. A UCPD General Order also governs UCPD’s issuance of no-trespass warnings. If feasible, an administrative unit that wishes to issue a no-trespass warning should first consult with the Office of Legal Counsel. No-trespass warnings are circulated to University officials and others on a need-to-know basis.
Review
A person who has received a no-trespass warning may make a written petition for the review of the warning by directing the request to the Associate Provost for Faculty and Student Affairs or his or her designee. 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 University property, and any other information the person wishes to be considered. 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.
*The University also has the authority, exercised in its reasoned judgment, to ban current employees, students and visitors, using existing processes. For example, under the University’s disciplinary systems, any student who receives a disciplinary suspension is automatically banned from University property and prohibited from using all University resources. Likewise, the University may ban an employee on an interim basis if he or she is deemed to pose an imminent threat to University property or operations, to the safety or well being of others, or otherwise has engaged in unacceptably disruptive conduct.