SS61-10 Persona Non Grata Status for Nonstudents

POLICIES AND PROCEDURES

Procedure Number:	SS61-10
Title:	Persona Non Grata Status for Nonstudents Date Approved: 6/3/04 Updated & Approved: 6/2/05, 5/13/14
Related Policy	3354-2-61-10

Definitions
1. For the purposes of this rule, "persona non grata" means a nonstudent who has exhibited behavior that has been deemed detrimental to the college community and thus is no longer permitted to frequent or be present on the college campus or in specified college locations.
2. The term "nonstudent" means any person who is not a student, nor an employee acting within the scope of his/her employment.
  1. As a general rule, persons who have been previously enrolled at the college but who are not enrolled for the current term and have not been enrolled for one term or longer, or who have graduated or transferred are classified as nonstudents. Persons who have been admitted to the college either for credit or noncredit courses and have yet to register for classes, are currently enrolled or who have previously been enrolled but have not taken classes for less than one term, are classified as students. Persons who were enrolled for classes during spring term and are enrolled for fall term classes are considered to be students over the summer.
  2. It is intended that this rule provide a means for regulating the behavior of all persons, except college employees acting within the scope of their employment, who are present on college property and who are not subject to the jurisdiction of the student conduct policy. Where doubt exists as to a person's status as a student, the individual may be charged under this rule and then later referred to student conduct if determined to be a student. In such instances, the warning notice noted herein shall be used as the student conduct incident report.
3. The term "organization" means an association or group of individuals, whether legal entities or otherwise, who use, rent or frequent the college premises.
4. "Behavior detrimental to the college community" includes, but is not necessarily limited to, any actions by an individual which results in an offense against persons or property, disruption of college processes or programs, violation of a previous order given by a college official, or falsification or misrepresentation of self or other information to a college office or official.
5. The term "hearing officer" means any person authorized by the Associate Vice President of Student Development and Dean of Students to conduct a persona non grata hearing.
6. The term "college" means Lakeland Community College.
7. The term "faculty" means any person or group of persons hired by the college to conduct classroom activities.
8. The term "college official" includes any person employed by the college, performing assigned administrative or professional responsibilities.
9. The term "college community" includes any person who is a student, faculty member, college official, any other person employed by the college or any visitor to the college campus. When in question, the Associate Vice President of Student Development and Dean of Students shall determine a person's status in a particular situation.
10. The term "college premises" includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the college (including the main campus, off-site locations, adjacent streets and sidewalks).
11. The terms "group" and "organization" mean associations of nonstudent individuals who use Lakeland Community College property or facilities.
12. The term "shall" is used in the imperative sense.
13. The term "may" is used in the permissive sense.
14. The term "policy" is defined as the written regulations of the college as found in the student handbook, the college catalog and the college policy register.
Procedural Authority
1. The Associate Vice President of Student Development and Dean of Students is that person designated by the College President to be responsible for the administration of persona non grata for nonstudents policy.
2. This rule shall not be construed to limit the authority of administrative officials from taking any other action as may be warranted by the circumstance.
3. The Associate Vice President of Student Development and Dean of Students shall develop policies for the administration of the persona non grata status for nonstudent policy and procedural rules for the conduct of administrative hearings consistent with the provisions of that policy.
4. The Associate Vice President of Student Development and Dean of Students shall determine which hearing officer is authorized to hear each case. Only those college officials who have been appointed as college hearing officers have the authority to make a determination as to persona non grata status under this rule.
5. Decisions made by a hearing officer shall be final, unless appealed as provided for in section (IV) (E) of this procedure.
Prescribed Conduct
1. Jurisdiction of the College
  1. College jurisdiction and discipline shall be limited to conduct which occurs on college premises, at college sponsored activities or which adversely affects the college community and/or the pursuit of its objectives whether on or off college premises.
2. Conduct -- Rules and Regulations
  1. It is the intent of this procedure to create a learning environment that is based on honesty, civility and the freedom to pursue knowledge. Such an environment must be free of harassment and hostility in order to encourage each individual to attain his or her fullest potential.
  2. Any nonstudent found to have committed behavior detrimental to the college community is subject to being placed on persona non grata status. Examples of behavior detrimental to the college community include, but are not limited to:
    1. Any action by an individual, which results in an offense against persons or property.
    2. Any disruption of college processes or programs.
    3. Violation of a previous order given by a college official.
    4. Violation of published college policies, rules or regulations.
    5. Acts of dishonesty, including but not limited to the following:
      1. furnishing false information to any college official, faculty member or office; (2) forgery, alteration or misuse of any college document, record or instrument.
    6. Physical abuse, verbal abuse, threats, intimidation, harassment, coercion and/or other conduct that threatens or endangers the mental or physical health or safety of any person.
    7. Failure to comply with directions of college officials or law enforcement officers acting in performance of their duties and/or failure to identify oneself to these persons when requested to do so.
    8. Unauthorized possession, duplication of or use of keys to any college premises or property or unauthorized entry to or use of college premises.
Procedures
1. Charges and Administrative Hearings
  1. Any member of the college community, in cooperation with the campus police and/or college prosecutor, may file charges against any nonstudent for behavior detrimental to the college community. Charges shall be prepared in writing and directed to the Associate Vice President of Student Development and Dean of Students. A charge should be submitted as soon as possible, preferably within ten business days after the event takes place, or after such violation becomes known to a college official.
  2. The Associate Vice President of Student Development and Dean of Students will appoint a hearing officer to conduct a hearing to decide the charges.
  3. All charges shall be presented to the accused nonstudent in written form. Included in the written notification will be the name and title of the complaining party, notice of the charge, a summary statement of the alleged unacceptable behavior and the date thereof, if known, and a warning that failure to appear will result in a determination as to persona non grata status being made without the accused present. A time shall be set for an administrative hearing, not less than five nor more than fifteen business days after the nonstudent has been notified. Time limits for scheduling of administrative hearings may be extended at the discretion of the Associate Vice President of Student Development and Dean of Students, or a designee.
  4. Hearing officers shall conduct administrative hearings according to the following guidelines:
    1. Administrative hearings normally shall be conducted in private.
    2. Admission of any person, not a party or a witness, to the administrative hearing shall be at the discretion of the hearing officer. The campus police chief and the college prosecutor, or their designees, will be present at all hearings.
    3. In administrative hearings involving more than one accused nonstudent, the hearing officer, at his or her discretion, may permit the administrative hearings concerning each nonstudent to be conducted separately.
    4. The complainant and the accused have the right to be assisted by an advisor they choose, at their own expense. The advisor may be an attorney. The complainant and/or the accused are responsible for presenting his or her own case and, therefore, advisors are not permitted to speak or participate directly in any administrative hearing before a hearing officer.
    5. The complainant, the accused and the hearing officer shall have the right to present witnesses, subject to the right of cross examination by the hearing officer and opposing party.
    6. The hearing officer may accept pertinent records, exhibits and written statements as evidence for consideration, at the discretion of the hearing officer.
    7. All procedural questions are subject to the final decision of the hearing officer.
    8. At the conclusion of the administrative hearing, the hearing officer shall determine whether the nonstudent has exhibited behavior detrimental to the college community.
    9. The hearing officer's determination shall be made on the basis of whether it is more likely than not that the accused nonstudent exhibited behavior detrimental to the college community.
  5. There shall be a single verbatim record, in the form of an audio recording, of all administrative hearings before the hearing officer. The record shall be the property of the college. A copy of the recording will be provided to the nonstudent involved in a case at his/her expense.
  6. No nonstudent may be found to have committed behavior detrimental to the college community solely because the nonstudent failed to appear before a hearing officer. In all cases, the evidence in support of the charges shall be presented and considered.
2. Sanction of Persona Non Grata Status
  1. Persona Non Grata Status is the denial of permission to frequent or be present in specified campus locations, including total banishment from campus, indefinitely or for a specified time period.
  2. In each case in which a hearing officer determines that a nonstudent has committed behavior detrimental to the college community, the hearing officer shall recommend the sanction of persona non grata to the Associate Vice President of Student Development and Dean of Students or designee. The Associate Vice President of Student Development and Dean of Students or designee, will then impose the sanction. Following the administrative hearing, the Associate Vice President of Student Development and Dean of Students or designee, shall advise the accused in writing of the determination and of the sanction imposed, if any.
  3. The college police are authorized to enforce the sanction of persona non grata.
3. Interim Suspension
  1. In certain circumstances, the Associate Vice President of Student Development and Dean of Students or designee may impose a college suspension prior to the administrative hearing before a hearing officer.
    1. Interim suspension may be imposed: (1) to ensure the safety or well-being of members of the college community or preservation of college property; (2) to ensure the nonstudent's own physical or emotional safety or well-being; or (3) if the nonstudent poses a threat involving disruption of or interference with the normal operations of the college.
    2. During the interim suspension, nonstudents shall be denied access to the campus and/or all other college activities or privileges for which the nonstudent might otherwise be eligible, as the Associate Vice President of Student Development and Dean of Students or designee may determine to be appropriate.
4. Notification of Persona Non Grata Status
  1. Notification shall occur, when possible, at the time of determination of such status. If not given at the time of determination of persona non grata status, notification should occur at the first opportunity by the best means available. The campus police are authorized to provide this notification.
  2. The person being placed on persona non grata status should acknowledge, when possible, by signing the notification. If not acknowledged by such individual's signature, the signature of the official accomplishing such notification must appear on the form.
  3. The restrictions imposed on an individual given persona non grata status shall take effect upon receipt of the above notification.
  4. During the time that the persona non grata status in effect, permission may be granted by the Associate Vice President of Student Development and Dean of Students, in consultation with the campus police chief and the college prosecutor, or their designees, for entrance of the person on such status to the specified college locations for a specified purpose and time.
5. Appeals
  1. A decision delivered by the hearing officer and/or sanction imposed by the Associate Vice President of Student Development and Dean of Students or designee may be appealed by accused nonstudents or complainants to the Chief of Staff and Senior Vice President for Institutional Development and Effectiveness within five business days of the decision. Such appeals shall be in writing and shall be delivered to the Chief of Staff and Senior Vice President for Institutional Development and Effectiveness with a copy to the Associate Vice President of Student Development and Dean of Students or designee.
  2. An appeal shall be limited to review of the verbatim record of the initial administrative hearing and supporting documents for one or more of the following purposes:
    1. To determine whether the original administrative hearing afforded the parties a fair opportunity to be heard and present their evidence in light of the charges and evidence presented, and in conformity with the persona non grata status for nonstudents policy.
    2. To determine whether the decision reached regarding the accused nonstudent was based on the evidence, that is, whether the facts in the case were sufficient to establish that the nonstudent exhibited behavior detrimental to the college community.
    3. To consider new evidence, sufficient to alter a decision, or other relevant facts not brought out in the original administrative hearing, because the person appealing did not know such evidence and/or facts existed and the evidence and/or facts were not reasonably discoverable at the time of the original administrative hearing.
  3. The persona non grata status shall remain in effect pending the Chief of Staff's decision on the review. The Chief of Staff shall render his/her decision within ten business days of receipt of the appeal. The Chief of Staff's decision shall be final.
  4. Any question of interpretation regarding this procedure shall be referred to the Associate Vice President of Student Development and Dean of Students or designee for final determination.
Any person determined to be a persona non grata who violates the sanction imposed, including interim suspension, shall be deemed a trespasser and prosecuted accordingly.