Administrative policy regarding persona non grata status for nonstudent visitors
(A) Purpose. Only those university officials who have been appointed as university hearing officers have the authority to make a determination as to persona non grata status at a meeting held in accordance with this rule.
(1) Persona non grata. For the purposes of this rule, "persona non grata" means that a nonstudent has exhibited behavior which has been deemed detrimental to the university community and thus is no longer permitted to frequent or be present in any or specified university locations.
(2) Nonstudent visitor. For the purposes of this rule, "nonstudent visitor" means any person who is not a student subject to paragraph (C)(1) of rule 3342-4-02of the Administrative Code nor an employee acting within the scope of his or her employment.
(a) As a general rule, persons who had been enrolled at the university but who have graduated or transferred are classified as nonstudents. Persons who have been admitted to the university either for credit or noncredit, but are not currently enrolled are to be classified as students.
(b) It is intended that this rule provide a means for regulating the behavior of all persons, except university employees acting within the scope of their employment, who are present on university 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) Behavior detrimental to the university community. For the purpose of this rule, "behavior detrimental to the university community" includes but is not limited to actions by an individual which result in offenses against persons or property, disruption of university processes or programs, violation of a previous order given by a university official, a continuing pattern of violation of university rules and regulations after actual notice of the rules or falsification or misrepresentation of self or other information to a university office or official.
(C) Scope. This rule shall not be construed to limit the authority of administrative officials from taking action as may be warranted by the circumstances.
(D) Warning notice.
(1) A nonstudent accused of behavior detrimental to the university community shall be provided with a warning notice that such behavior is not acceptable and may result in that person being denied the opportunity to frequent or be present in specified university locations.
(2) The warning notice shall contain:
(a) Name and last known address of the individual.
(b) The title of the university official who will arrange for the meeting and making the determination of whether or not to place the individual on permanent persona non grata status.
(c) The office location and phone number of that official.
(d) A specification of the alleged unacceptable behavior.
(e) The time limit within which a meeting with that official must be arranged.
(f) A warning that failure to arrange a meeting with the official within the limit will result in a determination as to persona non grata status being made without the accused being present.
(g) A warning that the individual is on temporary persona non grata status on all locations of the University until the date and time, and pending the outcome, of the meeting referenced above.
(3) The warning notice may be issued by the following officials or their designee for the facilities under their jurisdictions:
(a) Facility curators;
(b) Director of physical plant services;
(c) Director of intercollegiate athletics;
(d) Director of intramurals;
(e) The residence services central office staff;
(f) The residence hall directors on duty;
(g) University police officers; and
(h) The regional campus deans.
(E) Determination proceeding.
(1) At the meeting arranged under paragraph (D)(2)(b) of this rule, the accused is entitled to know the nature and source of the evidence against him/her, to question any witnesses, and to present evidence including witnesses on his/her behalf. If the accused chooses not to be present or participate, the process may nonetheless proceed.
(2) All meetings shall be held in private. All meetings shall be recorded and the recording maintained as the official record of the meeting. The accused may be accompanied by another individual who may serve in an advisory capacity, but who may not participate directly in the meeting.
(3) The hearing officer shall hear and weigh all evidence presented. To place the accused on persona non grata status there must be a finding by the hearing officer based on a preponderance of the evidence that the alleged behavior occurred and that such behavior is detrimental to the university community. If such a finding is made, the hearing officer may take into consideration the reasons for such behavior and the likelihood of its recurrence. Based on these findings and considerations, the hearing officer may place the nonstudent visitor on persona non grata status for a period up to five years.
(F) 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.
(2) The restrictions imposed by persona non grata status shall take effect upon receipt of notification.
(G) During the time that persona non grata status is in effect, permission may be granted by the vice president for enrollment management and student affairs (or designee) for entrance of the person on such status to the specified university locations for a specified purpose and time.
(1) A written request for review may be made to the vice president for enrollment management and student affairs (or designee) at any time after a determination to impose persona non grata status has been made.
(2) The review shall be limited to:
(a) An examination of procedural errors which occurred in the persona non grata process; or
(b) New evidence which became available after the determination proceeding.
(3) The persona non grata status shall remain in effect pending the decision on the review. The reviewing officer shall render a decision within thirty days of receipt of the request for review. The decision shall be final.
Effective: September 10, 2012
Prior Effective Dates: 9/7/1983, 5/3/1991, 9/12/1997, 10/3/2005, 6/1/2007