Policy: Trespass

PURPOSE

The purpose of this policy is to establish trespass notice (“Notice of Trespass”) issuance and enforcement guidelines under the Michigan Trespass Statute.

POLICY

This policy shall be administered in conjunction with ordinances and policies related to freedom of speech, assembly, and expression. It is the policy of the Michigan State University Police Department (Department) that Notices of Trespass are issued and enforced to protect persons and property, and to prevent interference with University operations, on all land owned or leased by Michigan State University within the State of Michigan. The President of MSU has authorized the Chief of Police (Chief) or designee to issue and enforce Notices of Trespass.

PROCEDURES

Factors for Police Consideration of a Notice of Trespass

Police may use their professional discretion, consistent with this policy, to issue a Notice of Trespass if there is probable cause to believe an individual committed any of the following:

Committed a crime against persons or property while on MSU property

Violated a University policy or rule that protects the health and safety of persons or property

Disrupted the lawful operations and functions of the University or its agents

Presents a material risk of physical harm or injury to other persons or to property.

University faculty, students, and staff may be issued a Notice of Trespass only if they pose an immediate threat to the safety of others or continue to disrupt the lawful operations and functions of the University or its agents after other administrative alternatives have been implemented.

Administrative alternatives to issuing a Notice of Trespass to faculty, students, or staff include, but are not limited to, referral to:

Faculty deans, department chairs, or Academic Human Resources

Student residence hall community directors or the Department of Student Life

Staff supervisors and employee relations

Behavioral Threat Assessment Team (BTAT)

Office of Institutional Equity (OIE).

Content Required in a Notice of Trespass

A Notice of Trespass must identify:

Person’s full name, date of birth and known contact information for the individual

Date of the current incident for which the notice is issued, date(s) of previous incident(s), title of previous incident(s) and underlying incident report number(s)

Factor(s) listed on which the officer relied to justify issuance of the Notice of Trespass, i.e., title of crime, criminal statute, etc.

Statement that the Notice will remain in effect for one (1) year

Notice of the individual’s right to mail a written appeal to the Office of the Secretary to the MSU Board of Trustees (Secretary) in accordance with this policy.

Notice of Trespass Forms are located on the Department’s Wiki page and contain the required information.

Police Issuance of Notice of Trespass

Officers shall review the requirements with a police supervisor and obtain permission for issuance of a Notice of Trespass prior to issuing that notice. Supervisors can then make any modifications or corrections prior to issuance.

Officers shall make sure that the person being issued a Notice of Trespass meets the criteria required for issuance and shall document that issuance in an appropriate report format.

Complete all portions on the Notice of Trespass Form.

A report number shall be recorded on the Notice of Trespass form, with other required information about the incident.

Supporting information about the need for the trespass, including:

Date(s) of incidents

Title(s) of incidents

Incident report number(s)

Brief incident information

Selection of any appropriate criteria for issuance

Committed a crime against persons or property while on MSU property

Violated a University policy or rule that protects the health and safety of persons or property

Disrupted the lawful operations and functions of the University or its agents

Presents a material risk of physical harm or injury to other persons or to property.

Police will make reasonable efforts to read the Notice of Trespass to its recipient at the time of issuance; however, the recipient’s failure to stay and listen to the Notice of Trespass does not affect its validity.

Police will make reasonable efforts to give the Notice of Trespass Form to that individual, but failure to remain and to accept the Notice of Trespass does not affect its validity.

Police will make reasonable efforts to have the person sign the Notice of Trespass Form, but failure to do so does not affect its validity.

Police Enforcement of Notice of Trespass

If an individual who is issued a trespass notice refuses to depart MSU property after being warned to do so, the individual is in violation of the Michigan Trespass Statute, and officers may take appropriate legal action and arrest the trespasser.

If an officer encounters an individual who was previously issued a Notice of Trespass that has re-entered MSU Property, that individual is in violation of the Michigan Trespass Statute and the officer may take appropriate legal action to arrest the trespasser.

Notice of Trespass Review and Recordkeeping

Notices of Trespass will be reviewed by the Investigative Division Commander or designee on a semi-annual basis for any modification or removal.

Notice of modification will be served on the individual or be sent by certified mail to the individual at their last known address, if available.

All Notices of Trespass and any modifications will be maintained using current record retention protocols by completing a supplemental report.

Right to Appeal a Notice of Trespass

Individuals issued a Notice of Trespass have the right to appeal the Notice, in whole or in part, at any time after the Notice is issued; however, individuals who violate a Notice of Trespass before they file an appeal, forfeit their right to appeal.

Appeals must be submitted in writing to the Secretary using regular mail services.

The appeal will assess whether the Notice of Trespass was appropriately issued pursuant to factor(s) contained in this policy and the law.

When evaluating an appeal, the Secretary will consider any new information submitted that demonstrates a material change in circumstances which affects the basis for the issuance of the Notice.

The Secretary will issue a written decision regarding the appeal within 30 days of receipt of an appeal, or will schedule an appeal meeting.

If an appeal meeting is scheduled, a decision will be issued within ten (10) days after the meeting.

Upon modification or rescission of a Notice of Trespass by the Secretary, the Secretary shall provide notice to Chief or designee, and the Chief or designee shall cause the modification or rescission to be entered in the Department’s record-keeping for Notices of Trespass.

The Secretary’s decision on the appeal shall be final, but the recipient of the Notice of Trespass may seek another review by the Secretary if:

The person can demonstrate a material change in circumstances since the initial appeal, which directly affects the basis for the issuance of the Notice of Trespass.

The Department modified the Notice of Trespass since last appeal process.