Section 1720-01-02-.05 - NO-TRESPASS NOTICES(1) A No-Trespass Notice ("Notice") is a written directive requiring a non-affiliated person to leave and/or not enter all or part of University property.(2) A sworn law enforcement officer employed by the University may issue a Notice to a non-affiliated person: (a) who is not authorized to use University property under Section .03(1), and who has refused to leave University property, or a specified part of University property, within a reasonable time after the person has received an oral request to leave by a University official;(b) who has engaged in a use of University property that is prohibited by Section .03(2), and who has refused to cease the prohibited conduct within a reasonable time after receiving an oral request to do so from a University official;(c) who, in the good faith judgment of the law enforcement officer issuing the Notice, poses an unreasonable threat to the health, safety, or welfare of a person(s) affiliated with the University while on University property; or(d) who, in the good faith judgment of the law enforcement officer issuing the Notice, has engaged in conduct that substantially disrupts or interferes with University operations, events, or activities, or is likely to cause such a disruption or interference.(3) A Notice must specify: the reason for the Notice; the geographical scope of the restriction; the duration of the restriction, which may be for an indefinite period; the potential consequences of a violation of the Notice; and the process for appealing the issuance of the Notice. The scope and duration of the restriction imposed must be proportional to the underlying misconduct. In appropriate circumstances, with respect to conduct on University property, a Notice also may prohibit a non-affiliated person from contacting or being within a certain distance from a person affiliated with the University.(4) Appeals (a) A non-affiliated person to whom a Notice has been issued may appeal the decision to the chief of police for the University's campus/institute.(b) A non-affiliated person must submit the appeal in writing. The written appeal must be received by the chief of police within twenty (20) calendar days of the date on which the Notice was provided to the non-affiliated person. Any Notice mailed (or e-mailed) to a non-affiliated person shall be deemed to have been provided on the date on which it was mailed (or e-mailed). The written appeal should include the non-affiliated person's reason for being on University property, the non-affiliated person's future need to be on University property, and any other information the non-affiliated person wishes the University official who issued the Notice to consider.(c) Upon receipt of a written appeal, the chief of police will consult as needed with other University officials to verify the non-affiliated person's need for access to University property, to gather additional information or advice, or to review the impact that granting the appeal may have on persons affiliated with the University.(d) Within twenty (20) calendar days of the receipt of an appeal submitted in accordance with this Chapter, the chief of police will sustain, rescind or modify the Notice in a written decision that will be mailed to the address provided by the non-affiliated person. The decision of the chief of police is final and not appealable within the University.(e) The restrictions set forth in the Notice will remain in effect while an appeal of the Notice is pending.(f) If the chief of police issued the Notice, then the non-affiliated person may appeal to the supervisor of the chief of police following the procedures set forth in Section .05(4)(a)-(e).(5) The law enforcement officer who issued the Notice (or, if the Notice is appealed, the chief of police) may rescind or modify the Notice at any time. Notification of any such rescission or modification shall be provided to the non-affiliated person to whom the Notice was issued.(6) The issuance of a Notice for conduct relating to free expression activities shall be consistent with Chapter 1720-01-12 (Use of University Property by Non-Affiliated Persons for Free Expression Activities).(7) Failure to comply with a Notice may result in issuance of a citation or an arrest for trespassing pursuant to applicable state criminal trespass statutes or local ordinances. Nothing in this Section .05 shall limit or be construed to limit the exercise of the statutory authority of sworn law enforcement officers of a campus police department to arrest in accordance with the laws of this state or local ordinances. Nor shall anything in this Section .05 limit or be construed to limit the authority of sworn law enforcement officers of a campus police department to issue an oral request instructing a person to leave and/or not enter all or part of University property.(8) For purposes of this Section .05, the term "non-affiliated person" means any person who is not a University student, student organization, employee, or volunteer.Tenn. Comp. R. & Regs. 1720-01-02-.05
Original rule filed May 27, 2015; to become effective August 25, 2015. However, the Government Operations Committee filed a 60-day stay of the rule; new effective date October 24, 2015. Amendments filed January 5, 2016; effective April 4, 2016. Agency filed 30 day stay on March 29, 2016; new effective date 5/4/2016.Authority: T.C.A. § 49-9-209(e); Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5; and Public Acts of Tennessee, 1807, Chapter 64.