840 R.I. Code R. 840-RICR-00-00-3.4

Current through December 3, 2024

Section 840-RICR-00-00-3.4 - Enforcement

A. Basis for Removal/Exclusion from RIPTA Facilities and Transit Vehicles

1. Any Person engaging in prohibited conduct under the provisions of § 3.3 of this Part may be refused entrance upon or ordered to leave RIPTA Facilities and/or Transit Vehicles by RIPTA Employees or by authorized personnel of a contracted service provider in accordance with the terms of the applicable service contract. Failure to comply with such a removal order may be grounds for arrest and prosecution.

2. In accordance with 39 C.F.R. § 37.5(h), it is not discrimination for RIPTA to refuse to provide service to an individual with disabilities because that individual engages in violent, seriously disruptive, or illegal conduct, or represents a direct threat to the health or safety of others. RIPTA shall not refuse service to an individual with disabilities solely because the individual's disability results in appearance or involuntary behavior that may offend, annoy or inconvenience RIPTA Employees, RIPTA patrons or the General Public.

B. Immediate Removal/Exclusion from Service

1. In the following instances, exclusion may commence immediately, without notice first being provided in accordance with § 3.4(C), if a Person's conduct is:

a. Seriously disruptive so as to pose safety or security risks;

b. Seriously disruptive so as to interfere with or impinge on the rights of others;

c. Seriously disruptive so as to impede the free flow of the General Public;

d. Seriously disruptive so as to impede the orderly and efficient use of RIPTA Facilities or Transit Vehicles; or e. Otherwise interferes with or seriously disrupts Public Transportation Services.

2. If a Person is removed or denied entry to a RIPTA Facility or Transit Vehicle for any of the reasons provided in § 3.4(B)(1) above, RIPTA shall provide notice to that Person, after the removal or denial, in accordance with § 3.4(C) below, and the individual shall have the right to appeal the exclusion as provided in § 3.4(G) below. However, the exclusion shall not be stayed pending the appeal if RIPTA determines that the conduct that led to the exclusion was seriously disruptive so as to warrant exclusion during the pendency of an appeal. The basis for such determination shall be specified.

C. Notice Procedure

1. Except as provided in § 3.4(B), RIPTA shall provide notice to any Person to be excluded from RIPTA Facilities or Transit Vehicles, before commencement of an exclusion. Such notice shall be provided in writing, by personal delivery, certified mail, or regular U.S. mail, addressed to the Person's last known address. The notice shall specify the reason for exclusion, places and duration of the exclusion, the effective date of the exclusion, and the appeal process set forth in § 3.4(G) below. If client of any RIde funding agency is excluded from service, notice of such exclusion shall also be provided to that RIde funding agency.

2. Receipt of a notice is construed to have been accomplished if the Person knew or reasonably should have known from the circumstances that they are excluded from RIPTA Facilities or Transit Vehicles. Receipt of a notice is also presumed to have been accomplished three (3) business days after the notice was sent by personal delivery, certified mail, or regular U.S. mail.

D. Commencement of Exclusion Except as provided in § 3.4(B) above, exclusion shall commence on the tenth (10^th) calendar day after actual or constructive receipt of the notice by the Person being excluded, unless the Person has timely requested an appeal of exclusion, which shall be conducted in accordance with § 3.4(G) below. If a timely appeal has been requested, the exclusion shall be stayed until the appeal is complete, except as provided in § 3.4(B) above.

E. Refusal to Comply The refusal to comply with an order excluding a Person from RIPTA Facilities or Transit Vehicles shall be grounds for issuance of a no trespass order and subsequent arrest and prosecution.

F. Length of Exclusion

1. The following suggested exclusion lengths are guidelines to be used by RIPTA in determining the duration of a particular exclusion under the provisions of § 3.3 of this Part and/or the severity of the violation(s). The duration of exclusion is determined by the severity of the violation and number of violations committed over a period of five (5) years. RIPTA reserves the right, however, to impose an exclusion of greater length for any violation where the severity of the violation warrants it, even if it is the first (1^st) violation. Conduct that endangers another individual or the safety of Public Transportation Services will be considered as the most severe violations. Commencement of the exclusion shall be defined as the date upon which the exclusion became effective and shall be determined by RIPTA's official records.

a. First (1^st) violation - may result in a verbal or written warning up to an exclusion of up to seven (7) days;

b. Second (2^nd) violation - may result in an exclusion of up to (30) days;

c. Third (3^rd) violation - may result in an exclusion of up to ninety (90) days;

d. Each successive violation occurring in a five (5) year period - may result in an exclusion of up to one hundred eighty (180) days.

G. Appeal Procedure

1. The following appeal process shall be provided to any Person excluded from RIPTA Facilities or Transit Vehicles pursuant to this section. Not later than ten (10) calendar days after commencement of the exclusion, an excluded Person, or his/her parent or guardian, or an advocate on his/her behalf, may file an appeal of the exclusion. Appeals must be hand delivered or mailed to the attention of RIPTA's Chief Legal Counsel and RIPTA's Chief of Security at 705 Elmwood Avenue, Providence, RI 02907. The appeal may request a hearing or may request review without a hearing based on a written statement setting forth the reasons why the exclusion is invalid or improper. If the excluded Person is unable to submit a written appeal, RIPTA will work with the Person to make a reasonable accommodation to allow such Person to lodge a verbal appeal.

2. If an appellant requests a hearing, the hearing shall be held within twenty (20) calendar days after receipt of the appeal in accordance with the provisions of R.I. Gen. Laws Chapter 42-35. The hearing may be attended by the appellant, as well as the appellant's parent or guardian or advocate. In the event that the appellant is a client of a RIde funding agency, a representative of that funding agency may attend the hearing, and the hearing officer shall consider the recommendation of that representative in rendering his/her decision. If an appellant requires Public Transportation Services to attend the hearing, the appellant shall contact the office of RIPTA's Chief Legal Counsel five (5) business days prior to the hearing date, and RIPTA shall make arrangements to provide the necessary Public Transportation Services for the appellant. The hearing shall be conducted by a hearing officer designated by RIPTA's Chief Executive Officer. The hearing officer shall issue a written decision within twenty (20) calendar days of the hearing, and such decision shall be final, except that the individual aggrieved by the decision shall have a right of appeal to the Superior Court, which shall affirm the decision unless it is clearly erroneous or contrary to law.

3. If no hearing is requested, a hearing officer designated by RIPTA's Chief Executive Officer, shall review the appeal based upon the record, and shall render a written decision within twenty (20) calendar days after the receipt of the appeal. The decision of the hearing officer shall be final, except that the Person aggrieved by the decision shall have a right of appeal to the Superior Court, which shall affirm the decision unless it is clearly erroneous or contrary to law.

H. Other Laws Not Limited The enforcement of § 3.4 of this Part herein is not intended to limit, in any manner, the enforcement of any applicable Federal, State or municipal laws, provided RIPTA is not authorized to assist a patron or RIPTA Employee in enforcing a court order prohibiting or restricting contact with any other Person other than to notify appropriate law enforcement.

I. Liability Nothing in § 3.4 of this Part herein shall create a duty to any Person on the part of RIPTA or form any basis for liability on the part of RIPTA, its officers, agents, or employees. The obligation to comply with § 3.4 of this Part is solely that of any Person entering and using RIPToA Facilities and Transit Vehicles and RIPTA's enforcement of § 3.4 of this Part is discretionary not mandatory.

840 R.I. Code R. 840-RICR-00-00-3.4

Adopted effective 12/27/2020