Effect of a Notice of No Trespass

A Notice of No Trespass that is properly communicated to a Restricted Person shall serve as an order not to enter or to be prohibited from remaining on such University Premises. As recognized in K.S.A. 21-5808, violation of such an order could result in a conviction for criminal trespass.

When a Notice May Be Issued

The University may issue a Notice of No Trespass on University Premises to a person who is, has been, or is threatening to be present on University property, and such person has engaged, or is reasonably likely to engage, in:

1. Criminal activity;
2. A violation of University policy and his/her exclusion from University Premises is necessary to prevent harm, property damage or significant disruption; or
3. Conduct that is or may reasonably be deemed to be threatening, disruptive, or violent.

Who May Request and/or Authorize a Notice

1. Any employee, student or visitor may request a Notice of No Trespass be issued pursuant to the administrative procedures set forth below.
2. An Authorized University Official may, in his/her sole discretion and without request, authorize a Notice of No Trespass to be issued pursuant to the administrative procedures set forth below.

Who Issues a Notice

Once a Notice of No Trespass has been authorized, the Office of the General Counsel shall issue such Notice.

Expiration or Cancellation of a Notice of No Trespass

1. All Notices of No Trespass shall expire two (2) years from the date of the Notice unless:
   1. a shorter or longer period of time is stated in the Notice of No Trespass;
   2. the Notice of No Trespass is terminated in writing by the University; or
   3. as ordered or required by law or authority.
2. A Notice of No Trespass shall not exceed two (2) years except where extenuating circumstances warrant a longer period of time.
3. A Notice of No Trespass may be extended upon request and approval, following the same process for the issuance of a Notice of No Trespass.

1. Appellate Officer: The official that receives and reviews any appeals submitted to challenge or modify in whole or in part any Notice of Trespass issued to a Restricted Person, as set forth in this Policy.
2. Authorized University Official: An Authorized University Official shall include:
   1. WSU President;
   2. Executive Vice President & Provost;
   3. Senior Vice President Industry / Defense Programs;
   4. Vice President for Student Affairs;
   5. Vice President for Finance and Administration,
   6. General Counsel; or
   7. any designee appointed in writing by any Authorized University Official set forth in (1) through (6)
3. Business Day: Every official University workday of the week. These are the days between and including Monday through Friday, and do not include public holidays, days where the University is officially closed, and weekends.
4. No Trespass Period: The period of time stated in the Notice of No Trespass, or if such period is not stated, two years from the date the Notice of No Trespass is received by the Restricted Party.
5. Request: The request for Notice of No Trespass made by a Requesting Party pursuant to the procedure set forth in this policy.
6. Requesting Party: Any University student, employee, or visitor who submits a request for a Notice of No Trespass.
7. Restricted Person: A Restricted Person is:
   1. any person who has received a Notice of No Trespass from the University; or
   2. any person for whom a Notice of No Trespass is being requested to be served upon.
8. Reviewing Office: The Reviewing Office is the division and/or office that receives, reviews, and makes a recommendation for a Notice of No Trespass be issued.
9. University: Wichita State University.
10. University Premises: University Premises includes University owned land, buildings and vehicles; buildings and land leased by the University from an affiliated corporation or a third party; and any other property controlled by the University that is set forth by agreement that the University may restrict access. University Premises may change from time to time, but they are designated annually in the University’s Annual Security Report and on its website here.

Notice of No Trespass Directed by an Authorized University Official

1. An Authorized University Official may, in his/her sole discretion, direct the Office of General Counsel to issue a Notice of No Trespass in the event the Authorized University Official reasonably believes that the requirements set forth in section III.B (When a Notice May be Issued) have been met.
2. All Notices of No Trespass issued pursuant to this section by an Authorized University Official shall be issued pursuant to section V.G. (Issuance of Notice of No Trespass) and may be appealable pursuant to section V.D. (Appeal of Notice of No Trespass).

Notice of No Trespass Requested by a Requesting Party

1. Requesting a No Trespass Order

   A Requesting Party may request a Notice of No Trespass be issued to any person by completing the Notice of No-Trespass Request Form available online or by sending the following information by e-mail to the Office of General Counsel:

   1. First and Last Name of the Requesting Party;
   2. Contact information of the Requesting Party, including valid telephone and e-mail address;
   3. First and Last Name of the Restricted Person;
   4. Status of the Restricted Person (student, employee, vendor, visitor);
   5. Address of the Restricted Person, if known;
   6. Date of birth of the Restricted Person, if known;
   7. The names of any student, employee, or department who should receive a copy of the Notice of No Trespass;
   8. Requested length of the No Trespass restriction;
   9. Reason for requested length of time for No Trespass restriction;
   10. Statement of alleged behavior and/or conduct by Restricted Person that warrants a Notice of No Trespass; and
   11. Description of relationship between the Requesting Party and the Restricted Person (friends, strangers, current/former spouse, relative, etc.)

2. Initial Review of Request from Requesting Party

   1. The Office of the General Counsel shall receive the Request and shall, based on the status of the Restricted Person and subject to subsection V.B.2.b. below, forward the Request for review to the head of the following Reviewing Divisions / Offices:
      1. If the Restricted Person is a student — to the Division of Student Affairs;
      2. If the Restricted Person is an employee — to the Office of Human Resources;
      3. If the Restricted Person is a vendor — to the Division of Finance and Administration;
      4. If the Restricted Person is a visitor — to the Office of Academic Affairs; and
      5. If the Restricted Person’s status is not identified or does not meet any of the categories noted above — to the Office of the General Counsel.
   2. If, however, the Requesting Party is a student, the Request shall be forwarded to the Office of Student Conduct and Community Standards (SCCS) for handling. SCCS shall provide notification of the Request to the appropriate Reviewing Office set forth above based on the status of the Restricted Party.

3. Review by the Reviewing Office

   1. Upon receipt of the Request, the Reviewing Office shall review the Request to determine if more information is needed from the Requesting Party. If such additional information is needed, the Reviewing Office shall make reasonable effort to contact the Requesting Party, or any other University employee or student as deemed necessary, and obtain the additional information.
   2. If additional information is requested by the Reviewing Office, but not provided by the Requesting Party, the Request may be closed without further action.

4. Request for Notice of No Trespass by the Reviewing Office

   The Reviewing Office shall request a Notice of No Trespass be issued by the Office of General Counsel if the Reviewing Office has determined, based on reasonable review and determination, that the requirements set forth in section III.B (When a Notice May be Issued) have been met.

Issuance of Notice of No Trespass

1. Upon receipt of a directive from an Authorized University Official to issue a Notice of No Trespass, or upon request from a Reviewing Office to issue a Notice of No Trespass, the Office of General Counsel shall issue a Notice of No Trespass to the Restricted Person by personal communication. This may include, but not be limited to, personal delivery, personal service by University Police Department or law enforcement, or restricted delivery mail with a copy also sent by first class mail.
2. A copy of the Notice of No Trespass shall be provided to the University Police Department, all persons and departments believed to be impacted by the Notice of No Trespass, and all persons identified in the Request, unless otherwise deemed unnecessary by the Office of the General Counsel.

Appeal of Notice of No Trespass

1. Right to Appeal

   A Restricted Person may appeal the issuance of a Notice of No Trespass, and a Requesting Party may appeal the University’s decision to deny a Request. No one other than a Restricted Person or a Requesting Party may appeal the University’s decision regarding a Notice of No Trespass.

2. Deadline to Appeal

   A Restricted Person may submit an appeal within thirty (30) calendar days from the date in which the Notice of No Trespass is delivered to the Restricted Person. “Delivery” shall be deemed to have occurred upon proof of receipt of Notice of No Trespass or, if mailed, upon proof of mailing by restricted delivery mail with a copy delivered through first class mail. A Requesting Party may submit an appeal within thirty (30) days from the date in which the University denies any Request.

3. Where to Appeal

   The appeal must be sent to the appropriate Appellate Officer as designated below, with a copy to the appropriate Reviewing Office and to the Office of General Counsel.

   1. The Appellate Officer shall be the Executive Vice President & Provost, or his or her designee, for all appeals made by a Restricted Person or a Requesting Party who is current WSU student; and
   2. The Appellate Officer shall be the Vice President Finance and Administration, or his or her designee, for all other appeals made by any other Restricted Persons or Requesting Parties.

4. Content of Appeal

   The appeal must be made in writing and must state the grounds for appeal and include all information and evidence to support the basis of the appeal.

5. Grounds for Appeal

   An appeal may be made only on the grounds set forth in this section 5. Disappointment or disagreement with the decision regarding the Notice of No Trespass is not sufficient grounds for appeal. The following circumstances are the sole grounds for appeal:

   1. The decision to issue (or not issue) a Notice of No Trespass was clearly erroneous because the evidence and information considered did not support the decision and a mistake has been committed;
   2. The Notice of No Trespass was issued in a manner not consistent the procedures set forth in this policy; and
   3. Material facts and/or evidence was not considered at the time of the Notice of No Trespass due to no fault of the Requesting Party and such facts/evidence hold sufficient weight and significance to be considered on appeal.

6. Decision on Appeal

   1. The Appellate Officer may, based on the review of the Request, the appeal, and any supplemental relevant information provided by the appealing party, do the following:
      1. Dismiss the appeal and affirm the decision of the Authorized University Official or the Reviewing Office (as applicable);
      2. Revoke and/or authorize the issuance of the Notice of No Trespass (as appliable);
      3. Modify the scope, terms or length of time of the Notice of No Trespass; or
      4. Allow the appeal to expire without further action.

7. Notice of Appeal Decision

   1. The Appellate Officer shall have thirty (30) business days to issue a decision on the appeal. If a decision is not issued within the thirty (30) business day deadline, the appeal shall be escalated to the President of the University. The Appellate Officer is expected, and shall make every effort, to issue a decision on appeal. Escalation to the Presidents’ office for review, should only occur where circumstances existed that unduly delayed or prevented the Appellate Officer to issue a decision on appeal within the 30-business day deadline. The President then has fifteen (15) business days to issue decision on appeal. If no decision is issued by the forty-fifth (45) business day, the appeal shall be approved.
   2. Except in the event of an expiration without further action, written notice of the appeal decision shall be delivered to the Requesting Party and the Restricted Person. Delivery may occur by personal delivery, personal service by University Police Department or law enforcement, or restricted delivery mail with a copy also sent by first class mail.
   3. The appeal determination, whether by action or inaction, is the final decision of the University and not subject to further appeal.

Dismissal or Modification of the Notice of No Trespass

1. An Authorized University Official may, at any time during the pendency of the No Trespass Period, dismiss or modify a Notice of No Trespass if, in the University’s sole discretion, dismissal or modification of the Notice of No Trespass is in the best interest of the University or the Requesting Party and such dismissal or modification would not likely result in any threat of harm or damage to any person or property.
2. If the University modifies or terminates the Notice of No Trespass, the University shall provide written notice of such action to the Requesting Party and the Restricted Party. Delivery of such written notice may occur by personal delivery, personal service by University Police Department or law enforcement, or restricted delivery mail with a copy also sent by first class mail.
3. Modifications and terminations of a Notice of No Trespass issued pursuant to this section may be appealed pursuant to section V.D. (Appeal of Notice of No Trespass).

Recordkeeping

1. All Notices of No Trespass shall be maintained by the University Police Department and Office of General Counsel. If the Restricted Party is a student, the Notice of No Trespass and all related documents shall also be maintained in the Maxient system or other designated student complaint system. If the Restricted Party is an employee, the Notice of No Trespass shall be maintained in the employee’s employment file.
2. All records shall be maintained for two (2) years after the expiration or termination of a Notice of No Trespass.