ºÚÁÏÉçÇø

Policy

ºÚÁÏÉçÇø will prohibit persons who have exhibited behavior detrimental to the University community from being present on any ºÚÁÏÉçÇø property and at any University events.  This policy does not apply to current ºÚÁÏÉçÇøs and employees for whom the applicable disciplinary procedures will be used to address matters of alleged detrimental behavior.

Definitions

ºÚÁÏÉçÇø property shall mean all campuses, branch campuses and property owned by the University.

Detrimental Behavior means any behavior harmful to the University community including the following:

• obstruction or disruption of teaching, research, administration, athletic, performance, or other official Miami activities;
• conduct which meets the definition of a crime of violence as defined in division (A)(9)(a) of section 2901.01 of the Ohio Revised Code when such conduct occurs on or affects University persons or property;
• unauthorized entry into or use of Miami buildings and grounds;
• theft of or damage to Miami property;
• commission of any unlawful acts on Miami property;
• violation of any Miami policy, procedure, regulation, or guideline; or
• failure to comply with directions of Miami officials, including Miami police or security officers.

Persona Non Grata shall mean a visitor who is no longer permitted to be present on Miami property or at Miami events (whether or not conducted on Miami property) as a result of detrimental behaviors determined to be harmful to the university community in accordance with this policy.

Visitor shall mean any individual who is neither a current ºÚÁÏÉçÇø nor an employee of the University.

University Community means the ºÚÁÏÉçÇøs, faculty, staff, and invited guests of the ºÚÁÏÉçÇø.

Process

Visitors who have exhibited behavior detrimental to the University community are no longer welcome on Miami campuses or at Miami events. The President, an Administrative Officer of the University or a ºÚÁÏÉçÇø police officer, or any University official authorized by them to implement this policy (Authorized Official), may restrict or deny any visitor’s access to the campus if that visitor engages in detrimental behavior.  Such visitors will be given written notice of their status as persona non grata by mailing the notice to their last know residential address. Visitors deemed persona non grata who appear on Miami property or at Miami events will be considered trespassers, removed from the premises, and reported to appropriate law enforcement officials.

Any person believing that a visitor has exhibited detrimental behavior as defined in this policy should report the behavior to the Miami Police, an Administrative Officer of the University, an Authorized Official, or the person responsible for the location or facility at which the detrimental behavior occurred who shall then promptly refer the matter to the Miami Police..

The Miami Police or an Authorized Official will review the information reported, collect and/or review evidence of the alleged detrimental behavior (e.g., police reports, witness statements, reports of previous incidents), and determine whether the evidence supports a finding that the visitor has engaged in detrimental behavior and whether the visitor should be declared a persona non grata.  The findings shall be in writing and shall be reviewed by the Office of General Counsel. 

If the decision is to declare the visitor a persona non grata, the Miami Police will issue a trespass notice.  The trespass notice shall advise the visitor that the visitor’s permission to be on University property is revoked, shall summarize the reasons why the visitor is being declared a persona non grata and that if the visitor does not leave immediately or if the visitor returns to University property, the visitor will be arrested and prosecuted for criminal trespass to the full extent of the law.  The trespass notice will also advise the visitor that the visitor may appeal the persona non grata determination within five (5) business days of the visitor’s receipt of the trespass notice by sending a letter of appeal to the Chief of the ºÚÁÏÉçÇø Police Department or designee that includes an explanation of why the trespass notice should be revoked together with any evidence in support of the appeal.

Within ten (10) business days after receipt of the appeal, the Chief of the ºÚÁÏÉçÇø Police Department or designee will issue a decision either upholding or reversing the designation of persona non grata. A copy of the decision shall be delivered to the visitor and appropriate members of the University community... The decision of the Chief of the ºÚÁÏÉçÇø Police Department or designee is final.  In matters where, the visitor was declared a persona non grata based on an arrest, upon an acquittal or any final judicial determination not resulting in conviction of the charges for which the persona non grata was banned, the ban automatically terminates.

Related Form(s)

Not applicable.

Additional Resources and Procedures

Not applicable.

FAQ

Not applicable.

Policy Administration

Next Review Date

7/1/2023

Responsible Officers

• ºÚÁÏÉçÇø Police
• General Counsel

Legal Reference

Not Applicable.

Compliance Policy

No

Recent Revision History

 Amended July 2018

Reference ID(s)

Reviewers

• ºÚÁÏÉçÇø Police
• General Counsel